Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Mai

NINETEENTH CONGRESS
First Regular Session

House Bill No9939

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT AUGMENTING THE RETIREMENT, DEATH, AND SURVIVORSHIP BENEFITS
OF THE SOLICITOR GENERAL, ASSISTANT SOLICITORS GENERAL, SENIOR STATE
SOLICITORS, AND STATE SOLICITORS OF THE OFFICE OF THE SOLICITOR
GENERAL, AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

The Office of the Solicitor General is the law office of the Government of the Republic of the
Philippines. It represents the Government, its departments, bureaus, agencies and instrumentalities,
and its officials and agents in their official capacity, in any litigation, proceeding, investigation, or
‘matter requiring the services of a lawyer.

Despite the formidable and extensive legal duties of the OSG, the retirement, death, and survivorship
benefits of its lawyers are not comparable to those already being enjoyed by lawyers in other
government offices, although thg OSG lawyers perform the same, if not greater, responsibility than
these other lawyers. re .

While R.A, No. 9417 already provides that Senior State Solicitors and State Solicitors of the OSG
shall have the same rank, salaries, and privileges of trial court judges, however, the other benefits,
such as the retirement, death, and survivorship benefits, as well as provision for the automatic
increase thereof, are enjoyed only by the members of the Judiciary, National Prosecution Services,
Public Attomey's Office, Office of the Ombudsman, Labor Arbiters, among others. These benefits
have not followed suit for the lawyers of the OSG. This inequality among the legal offices of the
National Government erodes the thrust to standardize and rationalize the current compensation
framework in the bureaucracy. The varied benefits undermine the principle of “equal pay for work of
equal value”. This disparity causes a higher turnover of State Solicitors. Lawyers who have been
trained by the OSG eventually leave to find employment with advantageous retirement benefits

To entice the best and the brightest lawyers to join and build their careers in the OSG until their
twilight years, it is appropriate to provide its lawyers with competitive remunerative retirement
benefits in parity with their counterparts in the government service performing essentially the same
vital functions. Through these incentives, the government would be recognizing and rewarding those
who choose to climb up the ranks and devote the best years of their life in the OSG.

Thus, this bill seeks to augment the existing retirement, death and survivorship benefits for the
Solicitor General, Assistant Solicitor General, Senior State Solicitors, State Solicitors, officials and
employees of the Office of the Solicitor General. The proposed provisions will ensure that the OSG


will be able to faithfully, effectively, and efficiently perform its mandate to uphold State interest and
the interest of the People.

This measure previously passed the third reading in the 18° Congress. It was proposed by
Representatives Strike B. Revilla, Henry S. Oaminal, “Kuya” Jose Antonio R. Sty-Alvarado, Vicente
“Ching” S.E. Veloso III, Eric G. Yap, Rufus B. Rodriguez, Cyrille “Beng” F. Abueg-Zaldviar, Peter
John D. Calderon, Jose Christopher T. Belmonte, Edgar M. Chatto, Joey Sarte Salceda, Manuel Jose
“Manmix” M. Dalipe, Deogracias Victor “DV” B. Savellano, Tyrone D. Agabas, Lianda B. Bolilia,
John Marvin “Yul Servo” C. Nieto, Argel Joseph T. Cabatbat, Loma P. Bautista-Bandingan, Rufly B.
Biazon, Junie E. Cua, Luisa Lloren Cuaresma, Paul Ruiz Daza, John Michael R. Duavit, Rudys Cesar
G. Farifias I, Jose Enrique “Joet” S. Garcia III, Greg G. Gasataya, Ed Christopher S. Go, Jocelyn Sy
Limkaichong, Corazon T. Nufiez-Malanyaon, Manuel T. Sagarbarria, Jose “Ping-Ping” I. Tejada,
Micaela S. Violago, Way Kurat Zamora, Yasser Alonto Balindong, Gabriel H. Bordado Jr., Narciso
R. Bravo Jr., Carl Niclas C. Cari, Sergio C. Dagooc, Maximo Y. Dalog, Cheryl P. Deloso-Montalla,
Abdullah D. Dimaporo, Alan “Aldu” R. Dujali, Faustino “Inno” A. Dy V, Michael B. Gorriceta,
Eduardo “Eddie” R. Gullas, Godofredo N. Guya, Ann K. Hofer, Glona G, Labadlabad, Edward Vera
Perez Maceda, Maricel G. Natividad-Nagafio, Na. Lucille L. Nava, MD, Emmarie “Lolypop” Ouano-
Dizon, Eddiebong G. Plaza, Hector S. Sanchez, Joy Myra Salvador-Tambunting, Alyssa Sheena P.
Tan, John Reynald M. Tiangco, Kristine Alexie B. Tutor, Samantha Louise Vargas Alfonso, Rosanna
“Ria” Vergara, Shirlyn Bafias-Nograles, Precious Hipolito Castelo, Mark O. Go, Joseph “Jojo” L.
Lara, Virgilio S. Lacson, Dahlia A. Loyola, Macnell Lusotan, Josephine Ramirez-Sato, Amihilda J.
Sangcopan, Rowena Nifia O. Taduran, and Victor A. Yap as principal authors thereof.

In view of the foregoing, approval of this measure is earnestly sought.

Lone Djftrict, Quirino


Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

NINETEENTH CONGRESS
irst Regular Session

8535

House Bill

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT AUGMENTING THE RETIREMENT, DEATH, AND SURVIVORSHIP BENEFITS
OF THE SOLICITOR GENERAL, ASSISTANT SOLICITORS GENERAL, SENIOR STATE
SOLICITORS, AND STATE SOLICITORS OF THE OFFICE OF THE SOLICITOR
GENERAL, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the “OSG Benefits and Incentives Act”.

SEC. 2. Declaration of Policy. - It is the declared policy of the State to promote the welfare of the
officials of the Office of the Solicitor General (OSG) by augmenting the retirement, death, and
survivorship benefits of the Solicitor General, Assistant Solicitors General, Senior State Solicitors, and
State Solicitors of the OSG in order to fulfill its role, as the “Tribune of the People”, of upholding the
best interest of the government, as well as to perform its mandate as the principal law office of the
Government of the Republic of the Philippines representing the government and its departments,
bureaus, agencies, and instrumentalities, and its officials and agents in their official capacity, in any
litigation, proceeding, investigation, or matter requiring the services of lawyers.

SEC. 3. Retirement Benefits. ~ When a Solicitor General, an Assistant Solicitor General, Senior State
Solicitor, State Solicitor II or a State Solicitor 1, who has rendered at least fifteen years (15) of service
in the OSG or in any other branch of the Government, or in both, (a) retires for having attained the age
of sixty-five (65) years, or (b) resigns by reason of the incapacity to discharge the duties of the office
as certified by the Solicitor General, they shall receive, during the residue of their natural lives, in the
manner hereinafter provided, a retirement pension based on the highest monthly salary plus the highest
monthly aggregate of transportation, living and representation allowances, which they were receiving
at the time of the retirement or resignation.

When a Solicitor General, an Assistant Solicitor General, Senior State Solicitor, State Solicitor
Il or a State Solicitor | 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 rendered in the OSG,
they shall likewise be entitled to retire and receive, during the residue of their natural lives the same
benefits provided for in this section: Provided, 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 service (Highest Monthly Salary plus the Highest

15 years X Monthly Aggregate of Transportation,

Living, and Representation Allowance)



Upon retirement, the Solicitor General, Assistant Solicitor General, Senior State Solicitor,
State Solicitor II or State Solicitor I shall automatically be entitled to a lump sum of five (5) years
gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of
transportation, living, and representation allowances they were receiving on the date of their retirement
and, thereafter, upon survival after the expiration of five (5) years to further annuity payable monthly
during the residue of their natural lives pursuant to the preceding paragraphs: Provided, That if the
reason for the retirement be any total permanent disability, as certified by the Solicitor General,
contracted during the incumbency in the office and prior to the date of retirement, they shall receive a
gratuity equivalent to ten (10) years’ salary and allowances aforementioned: Provided, further, That
should the retirement be with the attendance of any partial permanent disability, as certified by the
Solicitor General, contracted during the incumbency in the office and prior to the date of retirement,
they shall receive an additional gratuity equivalent to two (2) years lump sum that they are entitled to
under this Act: Provided, finally, That if the Solicitor General, Assistant Solicitor General, Senior
State Solicitor, State Solicitor II or State Solicitor I survive after ten (10) years or seven (7) years, as
the case may be, they shall continue to receive a monthly retirement pension as computed under this
Act during the residue of their natural lives. Nothing in this Act shall be construed as to prevent the
President of the Philippines from appointing any person sixty-five (65) years of age or older as
Solicitor General.

SEC. 4. Death Benefits. — In case a Solicitor General, Assistant Solicitor General, Solicitor Senior
State Solicitor, State II or State Solicitor I dies while in actual service, regardless of the age and length
of service as required in the preceding section, the heirs shall receive a lump sum of five (5) years
gratuity computed on the basis of the highest aggregate of transportation, living and representation
allowances received by the concemed Solicitor as such: Provided, That when the deceased had
rendered at least fifteen (15) years of government service, either in the OSG or in any branch of the
government, or both, the heirs shall instead be entitled to a lump sum of ten (10) years gratuity
computed on the same basis as indicated in this provision. In case a Solicitor General, Assistant
Solicitor General, Senior State Solicitor, State Solicitor II or State Solicitor I is killed by reason of
their official duties, their heirs shall receive a lump sum of ten (10) years gratuity computed on the
same basis as indicated herein: Provided, That the deceased had served in the OSG for at least five (5)
years, regardless of age, at the time of death. When a Solicitor is killed intentionally while in service,
the presumption is that the death is work related.

SEC. 5. Survivorship Benefits. — In case a Solicitor General, Assistant Solicitor General, Senior State
Solicitor, State Solicitor If or State Solicitor I dies during retirement, or was eligible to retire
optionally at the time of death, the surviving legitimate spouse of said Solicitor shall be entitled to
receive all the retirement benefits that the deceased Solicitor was receiving or entitled to receive. Said
surviving legitimate spouse shall continue to receive such retirement benefits during the spouse's
lifetime or until the spouse remarries: Provided, That if the surviving spouse is receiving benefits
under existing retirement laws, the spouse shall only be entitled to the difference between the amount
provided for in this Act and the benefits that the spouse is receiving.

‘SEC. 6. Conditions. ~ While receiving the pension and benefits granted herein, no retired or resigned
Solicitor General, Assistant Solicitor General, Senior State Solicitor, State Solicitor II and State
Solicitor I, or their surviving spouse, shall 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 where any officer or employee of the Government is accused of an
offense committed in relation to their office, or collect any fee for appearance in any admi
proceeding to maintain an interest adverse to the Government, whether national, provin
‘municipal, or to any of its legally constituted officers. When a Solicitor General, Assistant Solicitors
General, Senior State Solicitor and State Solicitors, or their surviving spouse, covered by and receiving
any benefit under this Act, assume an elective position in Government, they shall not, upon



assumption of office and during their tenure as an elective official, receive the monthly pension or any
of the allowances due them.

SEC. 7. Automatic Increase. — All retirement benefits of Solicitors General, Assistant Solicitors
General, Senior State Solicitors and State Solicitors shall be automatically increased whenever there is
an increase in the salary and allowance in the same position from which they retired.

SEC. 8. Appropriations. — The amount necessary to cover the initial implementation of this Act shall
be taken from the current year’s appropriations of the OSG or its savings. Thereafter, such sums as
may be necessary for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

SEC. 9. Implementing Rules and Regulations. — Within sixty (60) days from the approval of this Act,
the Solicitor General shall, in coordination with the Secretary of Budget and Management, promulgate
such rules and regulations as may be necessary to carry out the provisions of this Act.

SEC. 10. Separability Clause. — If any provision of this Act is held unconstitutional or invalid, all
other provisions not affected thereby shall remain valid,

SEC. 11. Repealing Clause. ~ All laws, decrees, executive orders, nules and regulations or parts
thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

SEC. 12. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,