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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _4279

Introduced by Representative Jan Rurik D. Padiernos, GP (Galing sa Puso) Party-List

EXPLANATORY NOTE

‘The Legal Staff, also known as the Office of the Chief State Counsel (OCSC), serves as the
principal legal counsel of the government under the Department of Justice. The OCSC, under the Office
of the Secretary of Justice, assists the Secretary of Justice in his role as Attomey General. The OCSC
handles complex legal matters such as international cooperation, extradition, mutual legal assistance,
the transfer of sentenced persons, refugee and statelessness cases, and the negotiation of treaties and
trade agreements. However, unlike their counterparts in the prosecution service and the Office of the
Solicitor General, State Counsels have not been granted the same recognition, rank, and benefits despite
the demands of their work.

This bill seeks to correct that disparity by strengthening and professionalizing the OCSC. It
expands its organization, upgrades the positions of State Counsels, and grants them benefits and
retirement privileges comparable to those of judges and prosecutors. In doing so, the measure ensures
fairness and equips the Office with the resources needed to carry out its mandate effectively.

Over the years, the OCSC has evolved into a vital arm of govemment. Its work now goes
beyond the rendition of legal opinions to include treaty implementation, inter-agency legal disputes,
and legal support in both domestic and intemational matters. Without adequate recognition and support,
however, the Office risks losing highly qualified lawyers who are essential to the effective legal
representation of the Republic.

The responsibilities carried out by State Counsels have become essential to the fulfillment of
the Department of Justice’s mandate. This bill seeks to accord them the support and benefits they
deserve, guided by the principle that equal work merits equal recognition. Its passage will strengthen
the OCSC and enhance the government's legal capacity for the good of the nation.

‘This bill has been filed in the 15th, 16th, 17th, 18th and 19th Congresses which signifies its
importance and urgency. In re-filing this proposed measure in the 20th Congress, it is sincerely hoped
that this will finally gain enough support for its passage into law in order to empower and recognize our
State Counsels as they perform fully and effectively their mandates.

In view of the foregoing, the passage of this bill is earnestly sought for.

ATTY. a! D. PADIERNOS:

GP (Galing sa Puso) Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 4279

Introduced by Representative Jan Rurik D. Padiernos, GP (Galing sa Puso) Party-List

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 created under Republic
Act (R.A.) No. 2705, as amended by R.A. No. 4152, shall be renamed as the “Office of the
Chief State Counsel.”

SEC. 3. State Counsel. - Unless otherwise specified, the term "State Counsel” shall
refer to the Chief State Counsel, Deputy Chief State Counsel, Senior State Counsel, and State
‘Counsels I to IV.

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

(@) 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:

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;

(©) 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) 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;

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

(6) 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 of the Bureau of Immigration, including recognition of Filipino
citizens or cancellation of alien certificate of registration, and deportation cases;

() Adjudication of 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;
(D Act on applications for the following:

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

ii, special authority to employ foreign nationals under C.A. No. 108,

otherwise known as the Anti-Dummy Law, as amended;

recognition of refugee and statelessness status;

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, as well as 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 of the Office of the Chief State Counsel shall be increased
and their positions upgraded, with a corresponding increase in the general and administrative
support personnel and provision for ample office space. There shalll be seven (7) divisions in
the Office of the Chief yunsel, 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. Upon the
recommendation of the Chief State Counsel, provided the exigencies of service requires

it, the Secretary of Justice may create additional divisions.

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

pestananion | Grap'| pestonation | SALARY GRADE
Chief State Counsel $G30 Crier State Seed
Assistant Chief State Counsel 8629 Deputy Chief $630
State Counsel V SG 28 Senior sel $G29
State Counsel IV $G27 ‘State Counsel IV SG 28
State Counsel [it SG 26 ‘State Counsel III $G27
State Counsel IT SG25 | State Counsel It 8G.26
State Counsel I SG 24 State Counsel I 8G 25

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 in the Office of the Chief State Counsel. The Chief State
Counsel shall be the chairperson of the Board.

Appointments of the State Counsels shall be deemed permanent upon compliance with
the prescribed qualification standards under the law. 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.

‘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 III 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 I 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 the judges of the Regional Trial Courts. All
other State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as
those of the 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 his or her office, he or she shall, during the
residue of his or her natural 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.


A State Counsel, who retires after having worked for at least fifteen (15) uninterrupted
years in the Office of the Chief State Counsel, shall also earn longevity pay in addition to
retirement benefits.

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 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 he or she was receiving on the
date of retirement, and thereafter, upon survival after the expiration of five (5) years, to further
annuity payable monthly during the residue of his or her natural life pursuant to the first and
second paragraph 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
during his or her retirement, the surviving legitimate spouse and dependent 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 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
receiving benefits under existing retirement laws shall only be entitled to the difference
between the amount provided for in this Act and the benefits he or she is receiving; Provided,
farther, 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 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. 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;

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;

©

(d) Annual thirty (30) days forfeitable leave with pay, in addition to the fifteen (15)
days’ vacation leave and fifteen (15) days sick leave privileges provided for by law,
for all State Counsels. The forfeitable leave privilege under this Act shall be
noncumulative and noncovertible to cash.

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 as 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 hereof.

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 and/or registered mail with retum card, free of charge, all official
‘communications and papers directly connected with the conduct of its duties and functions.

SEC. 18 Appropriation. There is hereby appropriated initially the sum of Two
Hundred Million Pesos (P200,000,000.00) 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 16 hereof.

SEC. 19. Separability Clause. — If any of the provisions 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 acts, 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 and or modified accordingly.

SEC. 21. Effectivity. — This Act shall take effect after fifteen (15) days from its
publication in at least two (2) newspapers of general circulation or in the Official Gazette.

Approved,