Sixteenth Congress of the 
Republic of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
1023 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
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To reinforce the Office of the Solicitor General as an institution, this bill intends to give 
the Solicitor General a tlxed term of seven years without reappointment, as well as fiscal 
autonomy. These measures are proposed in order to detach the Solicitor General, as principal 
lawyer of the Republic of the Philippines~ from any political pressure and uphold the OSG1 s 
independence. 
As the Supreme Court remarked in Gonzales vs. Chavez, 205 SCRA 816: 
"x x x even when" confronted with a SItuation where one government 
office takes an adverse position against another government agency, as in this 
case, the Solicitor General should not refrain from performing his duty as the 
lawyer of the government. It is incumbent upon him to present to the court what 
he considers would legally uphold the best interest of the government although it 
may run counter to a client's pOSition. " 
With these complex duties of the Solicitor general, it is very important that he is free 
from any political pressure for such is critical for the proper performance of his duty to espouse 
the interest of the State. 
The imperative role and function of the Office of the Solicitor General was best 
summarized by the Supreme Court as follows: "Endowed with a broad perspective that spans the 
legal interest of virtually the entire government officialdom, the OSG may be expected to 
transcend the parochial concerns of a particular client agency and instead, promote and protect 
the public weal. Given such objectivity, it can discern, metaphorically speaking, the panoply that 
is the forest and not just the individual trees. Not merely will it strive for a legal victory 
circnmscribed by the narrow interest of the client office or official, but as well, the vast concerns 
of the sovereign which it is committed to serve." (http://www.osg.gov.phl) 
Immediate passage of this bili is highly needed. 
ON ~VILLA, JR. 


" 
'sfl1l!il1' 
Sixteenth Congress of the 
Republic ofthe Philippines 
First Regular Session 
) 
) 
) 
{1jfhrr llf l!j:£ ,;t;,t\.Jf'li'ti'tU' 
°13 
JUL 2? P3 :06 
SENATE 
1023 
S.B.No. __ _ 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
STRENGTHENL"'m THE AUTONOMY AND INDEPENDENCE OF THE OFFICE OF 
THE SOLICITOR GENERAL AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 3 of Republic Act No, 9417 "An Act to Strengthen the Office of the 
Solicitor General by Expanding and Streamlining Its Bureaucracy Upgrading Employee Skills 
and Augmenting Benefits and Appropriating Funds Therefor and For other Purposes," is hereby 
amended to read as follows: 
"SEC 3, Standards - The Solicitor General shall have cabinet rank, 
WITll A TERM OF SEVEN (7) YEARS WITllOUT REAPPOINTMENT, 
and the same qualifications for appointment, rank, prerogatives, salaries, 
allowances, benefits and privileges as the Presiding Justice of the Court of 
Appeals; an Assistant Solicitor General shall have the same qualifications for 
appointment, rank, prerogatives, salaries, allowances, benefits and privileges as 
the Associate Justice of the Court of Appeals, 
The 
qualifications 
for 
appointment, 
rank, 
prerogatives, 
salaries, 
ALLOWANCES, BENEFITS and privileges of solicitors shall be the same as 
judges, specified as follows: 
Senior State Solicitor -
State Solicitor II 
State Solicitor I 
Regional Trial Court Judge 
Metropolitan Trial Court Judge 
Municipal Trial Court in Cities Judge 
The Solicitor General shall determine the qualifications, prerogatives and 
responsibilities of the Associate Solicitors," 
SECTION 2. Section 5 of Republic Act 9417 is hereby amended to read as follows: 
"SEC 5, Benefits and privileges. - Subject to the availability of funds, the Office 
of the Solicitor General may provide its employees with the following benefits: 
1. Health care services through a health maintenance organization (HMO), 
Expenses for the mandatory annual executive check-up of the Solicitor 
General, the Assistant Solicitor General and the Service Heads, shall be 
for the account of the office; 
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2. All employees shall be covered by accident insurance policies procured by 
the office at its own expense during travels while in the perfonnance of 
their official duties and functions; 
3. Without prejudice to efficiency in the service, scholarship to deserving 
employees on official time and at the expense of the Office of the Solicitor 
General to enhance their academic growth and upgrade their knowledge 
and skills. Scholars under this provision shall be selected on the basis of 
competitive examination; [and] 
4. A provident fund which shall consist of contributions made both by the 
Office of the Solicitor General and by its lawyers and employees to a 
common fund for the payment of benefits to such lawyers or employees or 
their heirs; AND, 
5. OTHER 
PERQUISITES 
AND 
BENEFITS 
AS 
MAYBE 
DETERMINED BY THE SOLICITOR GENERAL IN THE 
EXIGENCIES OF THE SERVICE." 
SECTION 3. Section 11 of Republic Act No. 9417 is hereby amended to read as follows: 
"SEC 11. Fuuding. - The funds required for the implementation of this 
Act, including those for health care services, insurance premiums, professional, 
educational, registration fees, contracted transportation benefits, the other benefits 
above, shall be taken from: 
1. 
[five percent (5%)] TEN PERCENT (10%) of monetary awards OR 
ASSETS given by the Courts to client 
depfu~..ments, agencies and 
instrumentalities of the Government, including those under court-approved 
compromise agreements{;}, AND TEN PERCENT (10%) OF ASSETS 
AWARDED 
TO 
THE 
GOVERNMENT 
IN 
FORFEITURE 
PROCEEDINGS; 
ii. 
Fifty percent (50%) of fees collected by the Special Committee on 
Naturalization; and 
111. 
All other income, fees and revenues earned and collected by the Office of 
the Solicitor General. 
For this purpose, the Office of the Solicitor General is hereby authorized 
to charge deputation, certification and other similar fees in the cases that it 
handles. 
The amounts collected pursuant to this section shall constitute a trust fund 
in the name of the Office of the Solicitor General to be managed and used 
by the Solicitor General to carry out the provisions of this Act. 
THE OFFICE OF THE SOLICITOR GENERAL SHALL ENJOY 
FISCAL AUTONOMY TO ENSURE ITS INDEPENDENCE IN 
CARRYING OUT ITS ROLE AS THE PRINCIP AL LAW FIRM OF 
THE GOVERNMENTAND THE TRIBUNE OF THE PEOPLE. 
ANNUAL APPROPRIATIONS FOR THE OFFICE OF THE 
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SOLICITOR GENERAL SHALL BE AUTOMATICALLY AND 
REGULARLY RELEASED. THE OFFICE OF THE SOLICITOR 
GENERAL IS, LIKEWISE, AUTHORIZED TO BORROW FUNDS 
AND DISPOSE ITS ASSETS TO CARRY OUT THE PROVISIONS 
OF THIS ACT." 
SECTION 4. Repealing Clause - All laws, executive orders, rules and regulations or any part 
thereof inconsistent herewith are deemed repealed, modified or amended accordingly. 
SECTION 5. Separability Clause -
In case any provision of this Act is declared 
unconstitutional or invalid, the other provisions hereof which are not affected thereby shall 
continue in full force and effect 
SECTION 6. Effectivity - This Act shall take effect fifteen (15) days after its publication in two 
(2) national newspapers of general circulation. 
Approved, 
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