NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
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SENATE 
v BY:
Senate Bill No.
(In substitution of Senate Biii Nos. 2623 and 2732)
Prepared and submitted jointiy by the Committees on Justice and Human Rights; Civii 
Service, Government Reorganization and Professionai Reguiation; and Finance with 
Senators Toientino and Pimentei III as authors thereof)
AN ACT
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, 
EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS 
ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Republic of the 
Philippines in Congress assembled:
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SECTION 1. Short Title. - This Act shaii be known as the "Office of the
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Chief State Counsel Act."
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SEC. 2. Office of the Chief State Counsel. -The Legai Staff created under
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Repubiic Act (R.A.) No. 2705, as amended by R.A. No. 4152, shaii be renamed as the
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"Office of the Chief State Counsei."
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SEC. 3. State Counsel. - Unless otherwise specified, the term "State Counsei"
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shaii refer to the Chief State Counsei, Deputy Chief State Counsei, Senior State
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Counsel, or State Counsels I to IV.
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SEC. 4. Powers and Functions. — The Office of the Chief State Counsel
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(OCSC) shall be under the supervision and control of the Secretary of Justice. The
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OCSC shaii have the foliowing powers and functions:


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(a) Render legal opinion or advice on questions of law arising from the 
performance of powers and duties of the Secretary of Justice, and 
upon request of Department Heads, Bureau Chiefs, and officers of 
equivalent rank, of national government functionaries;
(b) Prepare and submit to the Secretary of Justice the following:
i. comments and position papers on proposed legislations, 
whenever there are legal issues involved;
ii. opinion or comments on the legality and validity of foreign 
loan and guarantee agreements, and, in certain cases, 
agreements related to domestic borrowings;
(c) Lead negotiations of treaties, conventions, or agreements involving 
international legal cooperation, including extradition, mutual legal 
assistance in criminal matters, and transfer of sentenced persons;
(d) Act on requests for mutual legal assistance in criminal matters, 
extradition, transfer of sentenced persons, and other forms of 
international legal cooperation
(e) Represent and serve as counsel of the requesting state in all stages of 
cases relating to extradition and mutual legal assistance in criminal 
matters;
(f) Serve as legal adviser to other government agencies in the 
negotiations and implementation of international agreements, and 
whenever so requested, lead in the negotiations involving legal and 
institutional issues;
(g) Represent the Secretary of Justice or Department of Justice (DOJ) as 
the designated Central Authority in treaties, conventions, and other 
international agreements;
(h) Serve on standing councils, committees, working groups, and task 
forces, as required;
(i) Review Orders of the Bureau of Immigration, including recognition of 
Filipino citizens or cancellation of alien certificate of registration, and 
deportation cases;


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(j) Adjudicate disputes, claims and controversies between or among
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government offices, agencies and instrumentalities, including
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government-owned and controlled corporations, when only questions
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of law are raised;
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(k) Review the legality and validity of tax ordinances and revenue
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measures;
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(I) Act on applications for the following:
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i. Special non-immigrant visas under Sec. 47(a)(2) of
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Commonwealth Act (C.A.) No. 613, otherwise known as the
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Philippine Immigration Act of1940, as amended;
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ii. Special authority to employ foreign nationals under C.A. No.
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108, otherwise known as the Anti-Dummy Law, as
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amended;
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iii. Recognition of refugee and statelessness status;
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iv. Validation of land titles filed pursuant to Presidential Decree
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(P-D-) No. 1271 entitled "An Act Nullifying Decrees of
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Registration and Certificates of Title Covering Lands Within
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the Baguio Townsite Reservatiorf)
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(m) Supervise the Department Law Library, as well as its personnel; and
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(n) Exercise such other powers and functions as may be provided by law
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or as may be delegated by the Secretary of Justice.
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SEC. 5. Organizational Structure. There shall be seven (7) divisions in the
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Office of the Chief State Counsel. Each division shall be headed by a Deputy Chief
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State Counsel and shall consist of at least ten (10) State Counsels, and such personnel
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as may be necessary for the office to effectively carry out its functions.
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The designation, ranks, and salary grades of State Counsels are amended as
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follows:
POSITION/
SALARY GRADE
DESIGNATION


Chief State
SG 30
Counsel
Step 4
Deputy Chief
State Counsel
SG 30
Senior
State Counsel
SG 29
State Counsel IV
SG 28
State Counsel III
SG 27
State Counsel II
SG 26
State Counsel I
SG 25
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The Chief State Counsel and the Deputy Chief State Counsels shall be appointed
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by the President of the Philippines. All other State Counsels and administrative
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personnel shall be appointed by the Secretary of Justice upon recommendation by the
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Promotion and Selection Board.
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The Chief State Counsel and the Deputy Chief State Counsels shall act as a
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Promotion and Selection Board to screen applicants for appointment and promotion
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to any State Counsel position and administrative personnel in the Office of the Chief
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State Counsel. The Chief State Counsel shall be the chairperson of the Board.
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Appointments of the State Counsels shall be deemed permanent upon
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compliance with the prescribed qualification standards under the law. The State
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Counsels occupying the positions affected by the changes in this Act at the time of its
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approval shall continue to occupy and discharge the duties and functions of those
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positions, and receive the corresponding salary, benefits and privileges, without
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necessity of new appointment.
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There shall be positions created for administrative personnel equivalent to at
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least one (1) support staff for every two (2) State Counsels.
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SEC. 6. Qualifications of the State Counsels. -The Chief State Counsel and
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Deputy Chief State Counsels must be citizens of the Philippines and have been
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engaged in the practice of law in the Philippines for at least fifteen (15) years prior to
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their appointment.


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Senior State Counsels must be members of the Philippine Bar, who have been
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engaged in the practice of law in the Philippines for at least ten (10) years prior to
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their appointment.
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State Counsels IV must be members of the Philippine Bar, who have been
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engaged in the practice of law in the Philippines for at least five (5) years prior to their
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appointment.
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State Counsels III must be members of the Philippine Bar, who have been
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engaged in the practice of law in the Philippines for at least four (4) years prior to
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their appointment.
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State Counsels II must be members of the Philippine Bar, who have been
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engaged in the practice of law in the Philippines for at least three (3) years prior to
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their appointment.
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State Counsels I must be members of the Philippine Bar, who have been
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engaged in the practice of law in the Philippines for at least one (1) year prior to their
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appointment.
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SEC. 7. Compensation and Benefits. - The salaries and allowances of State
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Counsels shall correspond to their position, rank, and salary grade pursuant to Section
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5 hereof. The Chief State Counsel and the Deputy Chief State Counsels shall enjoy the
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same retirement, death, survivorship, and other benefits as those of a Presiding
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Justice and Associate Justice of the Court of Appeals, respectively. Senior State
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Counsels shall enjoy the same retirement, death, survivorship, and other benefits as
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those of the judges of the Regional Trial Courts. All other State Counsels shall enjoy
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the same retirement, death, survivorship, and other benefits as those of the judges of
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the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts,
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and Municipal Circuit Trial Courts.
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Any increase after the approval of this Act in the salaries, allowances or
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retirement benefits or any upgrading of the grades or levels thereof of any or all of
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the Justices or Judges referred to herein to whom said emoluments are assimilated
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shall apply to the corresponding State Counsels
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SEC. 8. Retirement Benefits. - When a State Counsel, who has rendered at
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least fifteen (15) years of service either in the Office of the Chief State Counsel or in
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any branch of government, or in both, retires for having attained the age of sixty-five
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(65) years or resigns by reason of incapacity to discharge the duties of his or her 
office, he or she shall, during the remainder of his or her life, in the manner hereinafter 
provided, receive a retirement pension based on the highest monthly salary, plus the 
highest monthly aggregate of transportation, living and representation allowances, 
which he or she was receiving at the time of his or her retirement or resignation.
When a State Counsel has attained the age of sixty (60) years and has 
rendered at least fifteen (15) years of service in government, the last five (5) years of 
which must have been continuously rendered in the Office of the Chief State Counsel, 
he or she shall likewise be entitled to retire and receive during the residue of his or 
her natural life the same benefits provided for in Paragraph 1 of this Section; Provided, 
however, that those with less than fifteen (15) years of service in the government 
shall be entitled to a pro rata pension computed as follows:
No. of years 
In Government
15 years
Basic Pay Plus the Highest 
Monthly Aggregate of 
Transportation, Living and 
Representation Allowances
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Upon retirement, a State Counsel shall automatically be entitled to a lump sum
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of five (5) years' gratuity computed on the basis of the highest monthly salary plus
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the highest aggregate transportation, living and representative allowances he or she
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was receiving on the date of retirement, and thereafter, upon survival after the
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expiration of five (5) years, to further annuity payable monthly during the residue of
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his or her natural life pursuant to the first and second paragraph of this Section.
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SEC. 9. Automatic Increase. - All pension benefits of retired State Counsels
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shall be automatically increased whenever there is an increase in the salary and
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allowance for the same position from which he/she retired.
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SEC. 10. Survivorship Benefits. - In case of death of a retired State Counsel
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of the OCSC or a State Counsel thereof who is eligible to retire optionally at the time
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of death, the surviving legitimate spouse and dependent children of said deceased
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State Counsel shall be entitled to receive all the retirement benefits that the deceased
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was receiving or entitled to received.
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A "dependent" means a legitimate, illegitimate or legally-adopted child who is 
chiefly dependent on the said deceased State Counsel if such dependent is not more 
than twenty-one (21) years of age, unmarried and not gainfully employed, or if such 
dependent regardless of age, is incapable of self-support because of mental or 
physical disability or condition.
The surviving legitimate spouse shall continue to receive retirement benefits 
during his or her lifetime or until he or she remarries; Provided, that the surviving 
legitimate spouse and dependent of the State Counsels shall each equally share in the 
retirement benefits. Provided, further, that said benefits shall be granted to the 
surviving legitimate spouse or dependent of State Counsels who died one (1) year 
prior to the effectivity of this Act.
SEC. 11. Prohibitions. - To maintain entitlement to the retirement benefits 
herein provided, a State Counsel shall not, during the time he or she is receiving said 
benefit, appear as counsel before any judicial or quasi-judicial agency in any civil case 
wherein the Government or any agency, subdivision, or instrumentality thereof is an 
adverse party, or in any criminal case wherein any officer or employee of the 
Government is accused of an offense committed in relation to his/her office, or collect 
any fee for his or her appearance in any administrative proceedings, to maintain an 
interest adverse to the government, whether national, provincial, or municipal or to 
any of its legally constituted offices. When a State Counsel covered under this Act 
shall assume an elective public office, he or she shall not, upon assumption of office 
and during his or her term, receive retirement benefits.
SEC. 12. Appropriations. - The amount necessary for the initial 
implementation of this Act shall be charged against the current year's appropriations 
of the Department of Justice. Thereafter, such amount shall be included in the annual 
General Appropriations Act.
SEC. 13. Separabiiity Ciause. - If any part or provision of this Act is held 
invalid or unconstitutional, the other parts or provisions thereof not so declared shall 
remain valid and effective.
SEC. 14. Repeaiing Ciause. - All other laws, decrees, orders, issuances, 
rules, and regulations or parts thereof, which are inconsistent with this Act are hereby 
repealed or modified accordingly.
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SEC. 15. Effectivity. — This Act shall take effect within fifteen (15) days 
following its complete publication in the Official Gazette or in a newspaper of general 
circulation.
Approved,