Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNO.3979

Introduced by REP. YSABEL MARIA J. ZAMORA

EXPLANATORY NOTE

The objective of this bill is to strengthen the Legal Staff under the Office of the Secretary
of Justice and renaming it as the Office of the Chief State Counsel.

To aid the Office of the Chief State Counsel in performing its powers and functions
itemized in Section 4 of the bill, the staff complement of said office shall be increased and the
positions therein upgraded, with a corresponding increase in the number of general and
administrative support personnel.

Specifically, the bill provides that the Office of the Chief State Counsel shall be headed by
the Chief State Counsel and it shall have at least seven (7) divisions. Each division shall be
headed by a Deputy Chief State Counsel and shall have at least ten (10) State Counsels and the

necessary personnel.

‘The Chief State Counsel and the Deputy Chief State Counsels shall enjoy the same
retirement, death, survivorship, and other benefits as those of a Presiding Justice and Associate
Justice of the Court of Appeals, respectively. Section 7 of the bill details further the compensation
and benefits of the State Counsels.

The passage of this measure will give due recognition to the vital role that State Counsels
perform for the Government. State Counsels are highly deserving of proper support and fair
compensation in view of their competence, dedication and invaluable contributions to public
service.

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

P. YSABEL JfARIA J. ZAMORA
Lone District, City of San Juan



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

House BILLNO. 3579

Introduced by REP. YSABEL MARIA J. ZAMORA

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:

SECTION 1. Short Title. - This Act shall be known as the “Office of the Chief State Counsel
Act”

SEC. 2. Office of the Chief State Counsel. - The Legal Staff in the Office of the Secretary of
Justice created under Republic Act No. 2705, as amended by Republic Act No. 4152, is hereby
renamed as the “Office of the Chief State Counsel.” The Office of the Chief State Counsel shall be
under the control and supervision of the Secretary of Justice.

SEC. 3, State Counsel, Defined, - Unless otherwise specified, the term "State Counsel" as used in
this Act refers to the Chief State Counsel, Deputy Chief State Counsel, Senior State Counsel, and
State Counsels I to lV.

SEC. 4. Powers and Functions. - The Office of the Chief State Counsel shall assist the Secretary
of Justice in the exercise of the Secretary's functions as Attorney General of the Philippines and
as ex officio legal adviser of government-owned or controlled corporations or enterprises and
their subsidiaries. The Office of the Chief State Counsel shall have the following powers and
functions:

{a) Recommend to the Secretary of Justice legal opinion or advice on questions of law
arising from the performance of powers and duties, and upon request of heads of
national government functionaries and act on other queries;

(b) Study and recommend to the Secretary of Justice the following:

(1) Comments and position papers on proposed legislation, whenever there are legal
issues involved; and


(2) Opinions 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 intemational legal
cooperation, including extradition, mutual legal assistance in criminal matters, and
transfer of sentenced persons: Provided, That the negotiations of all treaties and executive
agreements, or any amendment thereto, shall be coordinated with, and made only with
the participation of, the Department of Foreign Affairs;

(d) Serve as legal adviser to other government agencies in the negotiations and
implementation of international agreements, and, whenever so requested, lead in the

(e) Represent the Secretary of Justice or Department of Justice (DOJ) as the designated
Central Authority in treaties, conventions, and other intemational agreements;

(f) Act on requests for mutual legal assistance in criminal matters, extradition, transfer of
sentenced persons, and other forms of international legal cooperation;

(g) Represent and serve as counsel of the requesting state in all stages of cases relating to
extradition and mutual legal assistance in criminal matters;

(h) Serve on standing councils, committees, working groups, and task forces, as required;

(i) Review Orders issued by the Bureau of Immigration, including recognition of Filipino
citizens or cancellation of alien certificate of registration, and deportation cases;

(i) Adjudicate disputes, claims, and controversies between or among government offices,
agencies, and  instrumentalities, including government-owned and controlled
corporations, when only questions of law are raised;

(k) Review the legality and validity of tax ordinances and revenue measures;

(1) Act on applications for the following:

(1). Special non-immigrant visas under Sec. 47(a)(2) of Commonwealth Act No. 613,
otherwise known as the Philippine Immigration Act of 1940, as amended;

(2). Special authority to employ foreign nationals under Commonwealth Act No. 108,
otherwise known as the Anti-Dummy Law, as amended;

(3) Recognition of refugee and statelessness status; and

(4) Validation of land titles filed pursuant to Presidential Decree (P.D.) No. 1271
entitled “An Act Nullifying the Decrees of Registration and Certificates of Title
Covering Lands Within the Baguio Townsite Reservation";

(m) Supervise the Department Law Library and its personnel; and

(n) Exercise such other powers and functions as may be provided by law or as may be
delegated by the Secretary of Justice.


SEC. 5. Expansion. The staff complement of the Office of the Chief State Counsel shall be
increased and their positions upgraded, with a corresponding increase in the number of general
and administrative support personnel and corresponding provision for ample office space.

There shall be at least seven (7) divisions in the Office of the Chief State Counsel. Each
division shall be headed by a Deputy Chief State Counsel and shall consist of at least ten (10)
State Counsels and such personnel as may be necessary for the Office to effectively carry out its
functions. The Secretary of Justice may create additional divisions upon the recommendation of
the Chief State Counsel: Provided, That the exigency of service requires the creation of such
additional divisions.

‘The designation, ranks, and salary grades of State Counsels are hereby amended as
follows:

POSITION/ SALARY POSITION/ SALARY
DESIGNATION GRADE DESIGNATION, GRADE
Chief State Counsel SG30 Chief State Counsel pe
Assistant Chief State . Deputy Chief
Counsel 5629 _| state Counsel 8630
Senior
State Counsel V- SG 28 State Counsel $G29
State Counsel IV SG27__| State Counsel IV $G28
State Counsel III $G26 | State Counsel II SG27
State Counsel II $G25__| State Counsel I $G26
State Counsel I $G24 _| State Counsel 1 $625

The Chief State Counsel and the Deputy Chief State Counsels shall be appointed by the
President of the Philippines. All other State Counsels and administrative personnel shall be
appointed by the Secretary of Justice upon recommendation by the Promotion and Selection
Board.

The Chief State Counsel and the Deputy Chief State Counsels shall act as a Promotion
and Selection Board to screen applicants for appointment and promotion to any State Counsel
position and administrative personnel position in the Office of the Chief State Counsel. The Chief
State Counsel shall be the chairperson of the Board.

‘The State Counsels occupying the positions affected by the changes in this Act at the time
of its approval shall thereafter occupy and discharge the duties and functions of the upgraded
positions and receive the corresponding salary, benefits, and privileges, without necessity of new
appointment.

‘There shall be positions created for administrative personnel equivalent to at least one (1)
support staff for every two (2) State Counsels.


SEC. 6. Qualifications of the State Counsels. - The Chief State Counsel and Deputy Chief State
‘Counsels must be citizens of the Philippines and have been engaged in the practice of law in the
Philippines for at least fifteen (15) years prior to their appointment.

Senior State Counsels must be members of the Philippine Bar for at least ten (10) years
prior to their appointment.

State Counsels IV must be members of the Philippine Bar for at least five (5) years prior
to their appointment.

State Counsels II] must be members of the Philippine Bar for at least four (4) years prior
to their appointment.

‘State Counsels II must be members of the Philippine Bar for at least three (3) years prior
to their appointment.

State Counsels | must be members of the Philippine Bar for at least one (1) year prior to
their appointment.

SEC. 7. Compensation and Benefits. - The salaries and allowances of State Counsels shall
correspond to their position, rank, and salary grade pursuant to Section 5 hereof. The Chief State
Counsel and the Deputy Chief State Counsels shall enjoy the same retirement, death,
survivorship, and other benefits as those of a Presiding Justice and Associate Justice of the Court
‘of Appeals, respectively. Senior State Counsels shall enjoy the same retirement, death,
survivorship, and other benefits as those of judges of the Regional Trial Courts. All other State
‘Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of
judges of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts,
and Municipal Circuit Trial Courts.

SEC. 8. Retirement Benefits. - When a State Counsel, who has rendered at least fifteen (15) years
of service either in the Office of the Chief State Counsel or in any branch of government, or in
both, retires for having attained the age of sixty-five (65) years or resigns by reason of incapacity
to discharge the duties of the office, the retiree shall, for the remainder of the retiree’s natural life,
and 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, being received at the time of 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, such State Counsel shall be
entitled to retire and receive for the remainder of the State Counsel’s natural life the same
benefits provided for in the immediately preceding paragraph: 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 Basic Pay Plus the Highest
in Government Monthly Aggregate of,

x Transportation, Living and
15 years Representation Allowances


Upon retirement, a State Counsel 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 aggregate
transportation, living and representative allowances being received on the date of retirement,
and thereafter, upon survival after the expiration of five (5) years, to further annuity payable
monthly for the remainder of the retiree’s natural life pursuant to the first and second
paragraphs of this Section.

SEC. 9. Collateral Increase. - All pension benefits of retired State Counsels shall be automatically
increased whenever there is an increase in the salary and allowance for the same position from
which they retired.

SEC. 10. Survivorship Benefits. - In case a State Counsel covered by this Act dies after
retirement, the surviving legitimate spouse and dependents of said State Counsel shall be
entitled to receive all the retirement benefits that the deceased was receiving or entitled to
receive at the time of death.

A “dependent” means a legitimate, illegitimate, ot 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 any mental or physical disability or condition.

‘The surviving legitimate spouse shall continue to receive retirement benefits during his
or her lifetime or until such surviving spouse remarries: Provided, That the surviving legitimate
spouse receiving benefits under existing retirement laws shall only be entitled to the difference
between the amount provided for in this Act and other benefits such surviving spouse is
receiving: Provided, further, That said benefits shall be granted to the surviving legitimate spouse
or dependent of State Counsels who retired prior to the effectivity of this Act.

Funds for the initial implementation of this Section shall be taken out of the current
appropriations for the retirement of the State Counsel and/or savings of the DOJ. Thereafter,
such sums as may be necessary for the continued implementation of this Section shall be
included in the Annual General Appropriations Act.

SEC. 11, Death Benefits. - In case a State Counsel dies while in service, regardless of age and
length of service, the heirs shall receive a lump sum of five (5) years’ gratuity computed on the
basis of the highest monthly salary plus the highest aggregate of transportation, living and
representation allowances being received by the State Counsel at the time of death: Provided,
‘however, That where said State Counsel has rendered at least fifteen (15) years of government
service, either in the Office of the Chief State Counsel or in any branch of government, or both,
his or her heirs shall instead be entitled to a lump sum of ten (10) years gratuity computed on the
same basis as indicated in this provision: Provided further, That the lump sum of ten (10) years
gratuity shall be received by the heirs of a State Counsel who was Killed by reason of his or her
duties as such: Provided finally, that the State Counsel has served in the Office of the Chief State
‘Counsel for at least five (5) years regardless of age at the time of death.

SEC. 12. Prohibitions. - To maintain entitlement to the retirement benefits under this Act, a
retired State Counsel receiving such benefits under this Act shall not 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 an
officer or employee of the Government is accused of an offense committed in relation to the
office, or collect any fee for the appearance in any administrative proceeding, or maintain an

5


interest adverse to the government, whether national, provincial, or municipal or to any of its
legally constituted offices. A retired State Counsel who assumes an elective public office shall not
receive retirement benefits upon assumption and during the term of elective offi

‘SEC. 13. Other Benefits and Privileges. — The State Counsels and all employees under the Office
of the Chief State Counsel shall be entitled to the following benefits:

(a) Health care services through a health maintenance organization (HMO). Expenses
for the mandatory annual executive check-up of the Chief State Counsel, Deputy
Chief State Counsels and Senior State Counsels, shall be for the account of the DOJ;

(b) Accident insurance policies procured by the DOJ, at its own expense, during travels
while in the performance of their official duties and functions; and

(©) Scholarships to deserving employees, on official time and at the expense of the DOJ,
to enhance their academic growth and upgrade their knowledge and skills.

SEC. 14. Applicability. - All benefits heretofore extended under Republic Act No. 910, as
amended, and all other benefits that may be extended by way of amendment thereto shall
likewise be given to the State Counsels covered by this Act.

SEC. 15. Authority to Collect Fees. - The Office of the Chief State Counsel is hereby authorized
to assess, revise and collect fees for various services rendered in accordance with Section 54,
Chapter 12, Book IV of Executive Order No. 292, otherwise known as the Administrative Code of
1987, and other laws. These collections shall be deposited in a Trust Fund which shall be
administered by the Secretary of Justice to augment the Department's funds covering the
privileges and benefits under Sections 13 and 16 of this Act.

SEC. 16. Seminar and Other Related Fees. - Fees for relevant seminars, as well as professional
membership fees for lawyers, registration fees and related miscellaneous expenses incurred in
completing the Mandatory Continuing Legal Education (MCLE) shall be charged against the
Trust Fund.

SEC. 17. Franking Privilege. - ‘The Office of the Chief State Counsel may transmit through
ordinary mail or registered mail with return card, free of charge, all official communications and
papers directly connected with the conduct of its duties and functions.

SEC. 18 Appropriations. There is hereby appropriated initially the sum of Two Hundred
Million Pesos (200,000,000.00) from the funds of the National Treasury not otherwise
appropriated for the initial implementation of this Act. Thereafter, the amount needed for the
implementation of this Act shall be appropriated in the budget of the Department of Justice
under the Annual General Appropriations Act and from the collected fees pursuant to Section 15
hereof.

SEC. 19, Separability Clause. ~ If any provision of this Act is declared unconstitutional or
invalid, the provisions not affected thereby shall continue to be in full force and effect.

SEC. 20. Repealing Clause. ~ All laws, decrees, executive orders, letters of instructions, and
regulations, or any part thereof which are inconsistent with any provision of this Act are hereby
repealed or modified accordingly.



‘SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or ina newspaper of general circulation.

Approved,