1
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
EXPLANATORY NOTE 
This bill seeks 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 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.  
To this end, this measure establishes retirement, death, and survivorship 
benefits to the Solicitor General, Assistant Solicitors General, Senior State 
Solicitors, and State Solicitors of the OSG. 
Hence, this representation seeks the passage of this measure.      
RUDYS CAESAR G. FARIÑAS I 
February 21, 2023
1:50 pm
7259


 2
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
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 
1 
Incentives Act”. 
2 
3 
SEC. 2. Declaration of Policy. – It is the declared policy of the State to  
4 
promote the welfare of the officials of the Office of the Solicitor General (OSG) by 
5 
augmenting the retirement, death, and survivorship benefits of the Solicitor 
6 
General, Assistant Solicitors General, Senior State Solicitors, and State Solicitors 
7 
of the OSG in order to fulfill its role, as the "Tribune of the People”, of upholding 
8 
the best interest of the government, as well as to perform its mandate as the 
9 
principal law office of the Government of the Republic of the Philippines 
10 
representing the government and its departments, bureaus, agencies, and 
11 
instrumentalities, and its officials and agents in their official capacity, in any 
12 
litigation, proceeding, investigation, or matter requiring the services of lawyers.  
13 
14 
SEC. 3. Retirement Benefits. – When a Solicitor General, an Assistant 
15 
Solicitor General, Senior State Solicitor, State Solicitor II or a State Solicitor I, 
16 
who has rendered at least fifteen years (15) of service in the OSG or in any other 
17 
branch of the Government, or in both, (a) retires for having attained the age of 
18 
sixty-five (65)  years, or (b) resigns by reason of the incapacity to discharge the 
19 
7259


 
 
 
 
3
duties of the office  as certified by the Solicitor General, they shall receive, during 
1 
the residue of their natural lives, in the manner hereinafter provided, a 
2 
retirement pension based on the highest monthly salary plus the highest 
3 
monthly aggregate of transportation, living  and representation allowances, 
4 
which they were receiving at the time of the  retirement or resignation.   
5 
 
6 
When a Solicitor General, an Assistant Solicitor General, Senior State 
7 
Solicitor, State Solicitor II or a State Solicitor I has attained the age of sixty (60) 
8 
years and has rendered at least fifteen (15) years of service in Government, the 
9 
last five (5) years of which must have been rendered in the OSG, they shall 
10 
likewise be entitled to retire and receive, during the residue of their natural lives 
11 
the same benefits provided for in this section: Provided, That those with less than 
12 
fifteen (15) years of service in the government shall be entitled to a pro rata 
13 
pension computed as follows: 
14 
 
15 
No. of years 
 
(Highest Monthly Salary plus 
in government service 
__________________  
x 
the Highest Monthly Aggregate 
                  15 years 
 
of Transportation, Living and 
 
 
Representation Allowance) 
Upon retirement, the Solicitor General, Assistant Solicitor General, Senior 
16 
State Solicitor, State Solicitor II or State Solicitor I shall automatically be entitled 
17 
to a lump sum of five (5) years gratuity computed on the basis of the highest 
18 
monthly salary plus the highest monthly aggregate of transportation, living, and 
19 
representation allowances they were receiving on the date of their retirement 
20 
and, thereafter, upon survival after the expiration of five (5) years to further 
21 
annuity payable monthly during the residue of their natural lives pursuant to 
22 
the preceding paragraphs: Provided, That if the reason for the retirement be any 
23 
total permanent disability, as certified by the Solicitor General, contracted 
24 
during the  incumbency in the office and prior to the date of retirement, they 
25 
shall receive a gratuity equivalent to ten (10) years' salary and allowances 
26 
aforementioned: Provided, further, That should the retirement be with the 
27 
attendance of  any partial permanent disability, as certified by the Solicitor 
28 
General, contracted during the incumbency in the office and prior to the date of 
29 
retirement, they shall receive an additional gratuity equivalent to two (2) years 
30 
lump sum that they are entitled to under this Act: Provided, finally, That if the 
31 
Solicitor General, Assistant Solicitor General, Senior State Solicitor, State 
32 
Solicitor II or State Solicitor I survive  after ten (10) years or seven (7) years, as 
33 
the case may be, they shall continue to receive a monthly retirement pension as 
34 
computed under this Act during the residue of their natural lives. Nothing in this 
35 
Act shall be construed as to prevent the President of the Philippines from 
36 
appointing any person sixty-five (65) years of age or older as Solicitor General. 
37 
 
38 
SEC 4. Death Benefits. – In case a Solicitor General, Assistant Solicitor 
39 
General, Senior State Solicitor, State Solicitor II or State Solicitor I dies while in 
40 


 
 
 
 
4
actual service, regardless of the age and length of service as required in the 
1 
preceding section, the heirs shall receive a lump sum of five (5) years gratuity 
2 
computed on the basis of the highest aggregate of transportation, living and 
3 
representation allowances received by  the concerned Solicitor as such: Provided, 
4 
That when the deceased had rendered at  least fifteen (15) years of government 
5 
service, either in the OSG or in any branch of the government, or both, the heirs 
6 
shall instead be entitled to a lump sum of ten (10) years gratuity computed on 
7 
the same basis as indicated in this provision.  In case a Solicitor General, 
8 
Assistant Solicitor General, Senior State Solicitor, State Solicitor II or State 
9 
Solicitor I is killed by reason of their official duties, their heirs shall receive a 
10 
lump sum of ten (10) years gratuity computed on the same basis as indicated 
11 
herein: Provided, That the deceased had served in the OSG for at least five (5) 
12 
years, regardless of age, at the time of death. When a Solicitor is killed 
13 
intentionally while in service, the presumption is that the death is work related. 
14 
 
15 
SEC. 5. Survivorship Benefits. – In case a Solicitor General, Assistant 
16 
Solicitor General, Senior State Solicitor, State Solicitor II or State Solicitor I dies 
17 
during retirement, or was eligible to retire optionally at the time of death, the 
18 
surviving legitimate spouse of said Solicitor shall be entitled to receive all the 
19 
retirement              benefits that the deceased Solicitor was receiving or entitled 
20 
to receive. Said surviving legitimate spouse shall continue to receive such 
21 
retirement benefits during the spouse’s lifetime or until the spouse remarries: 
22 
Provided, That if the surviving spouse is receiving benefits under existing 
23 
retirement laws, the spouse shall only be entitled to the difference between the 
24 
amount provided for in this Act and the benefits that the spouse is receiving. 
25 
 
26 
SEC. 6. Conditions. – While receiving the pension and benefits granted 
27 
herein,             no retired or resigned Solicitor General, Assistant Solicitor 
28 
General, Senior State Solicitor, State Solicitor II and State Solicitor I, or their 
29 
surviving spouse, shall appear  as counsel before any judicial or quasi-judicial 
30 
agency in any civil case wherein the Government or any agency, subdivision, or 
31 
instrumentality thereof is an adverse party, or in any criminal case where any 
32 
officer or employee of the Government is accused of an offense committed in 
33 
relation to their office, or collect any fee for appearance in any administrative 
34 
proceeding to maintain an interest adverse to the Government, whether national, 
35 
provincial, or municipal, or to any of its legally constituted officers. When a 
36 
Solicitor General, Assistant Solicitors General, Senior State Solicitor and State 
37 
Solicitors, or their surviving spouse, covered by and receiving any benefit under 
38 
this Act, assume an elective position in Government, they shall not, upon 
39 
assumption of office and during their tenure as an elective official, receive the 
40 
monthly pension or any of the allowances due them. 
41 
 
42 
SEC. 7. Automatic Increase. – All retirement benefits of Solicitors General, 
43 
Assistant Solicitors General, Senior State Solicitors and State Solicitors shall be 
44 
automatically increased whenever there is an increase in the salary and 
45 
allowance in the same position from which they retired. 
46 
 
47 


 
 
 
 
5
SEC.  8. Appropriations. – The amount necessary to cover the initial 
1 
implementation of this Act shall be taken from the current year’s appropriations 
2 
of the OSG or its savings. Thereafter, such sums as may be necessary for the 
3 
continued implementation of this Act shall be included in the annual General 
4 
Appropriations Act. 
5 
 
6 
SEC.  9. Implementing Rules and Regulations. – Within sixty (60) days 
7 
from the approval of this Act, the Solicitor General shall, in coordination with 
8 
the Secretary of Budget and Management, promulgate such rules and 
9 
regulations as may be necessary to carry out the provisions of this Act. 
10 
 
11 
SEC. 10. Separability Clause. – If any provision of this Act is declared 
12 
invalid or unconstitutional, the provisions not affected thereby shall continue to 
13 
be in full force and effect. 
14 
 
15 
SEC. 11. Repealing Clause. – All laws, decrees, orders, rules and regulations 
16 
or parts thereof which are contrary to or inconsistent with the provisions of this 
17 
Act are hereby amended, repealed or modified accordingly. 
18 
 
19 
SEC. 12. Effectivity. – This Act shall take effect after fifteen (15) days after 
20 
its publication in the Official Gazette or in a newspaper of general circulation. 
21 
 
Approved,