SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S. B. No. 
2312 
INTRODUCED BY SENATOR SONNY M. ANGARA 
AN ACT 
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JUL 15 P3 :41 
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9417 AND 
APPROPRIATING FUNDS THEREFOR 
EXPLANATORY NOTE 
The Office of the Solicitor General (OSG) is the law firm of the Republic of 
the Philippines. It is tasked to represent the People of the Philippines, the 
Philippine Government, its Agencies and Instrumentalities, Officials and Agents 
in any litigation or matter requiring the services of a lawyer. 
Given these daunting tasks, it is imperative that OSG be able to continue 
to attract the best to serve the country. For those practitioners of the law who 
come in professional adversary contact with government lawyers, the importance 
of recruitment and retention of able lawyers in the government service should be 
clear. One can better represent the legitimate interest of his or her client when 
opposing counsel is a well-trained man or woman of ability who has confidence 
in himself or herself. The sensible delineation of real issues in dispute and getting 
on with the matter depend on the intelligence and imagination of both disputants. 
This is not to say that the Government is not now represented by some of 
the best lawyers in the country or that the great majority of government lawyers 
are not able and dedicated servants of the public interest. But the question also 
arises, how long will these men and women remain where they are today? The 
likelihood is that many will receive attractive offers outside the Government, and 
some will accept them. There is no doubt that higher incomes elsewhere draw off 
able and experienced men from the government service. Where litigation 
continues over a period of many years, this process deprives the Government of 


the perspective and experience which counsel for the private parties often 
develop by their continued representation of one party to the dispute. 
This bill primarily aims to grant State Solicitors and OSG personnel 
expanded and additional benefits in order to address the issue of recruitment and 
retention in the public service of an adequate proportion of the best in the legal 
profession. 
Briefly, the bill seeks to amend the OSG law in the following manner' 
1. clarify the retirement benefits of State Solicitors and place them sim ilarly' 
with their counterparts in the National Prosecution Service (NPS) and 
Public Attorney's Office (PAO); 
2. provide for survivorship benefits in case of death of State Solicitors; 
3. provide State Solicitors with allowances and benefits granted to judges; 
4. grant OSG personnel other perquisites and benefits as may be 
determined by the Solicitor General; 
5. funding for the benefits stated shall be sourced from 20% monetary 
awards or assets granted by the courts and 20% of assets awarded to the 
Government in forfeiture proceedings; and 
6. grant the OSG the authority to borrow funds and dispose of its assets. 
In view of the foregoing, passage of this bill is earnestly sought. 
. ANGARA 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
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'14 
JUL 15 P3 :41 
SENAII,; 
s, B. No. 
~~12 
RECEIVED HY: ~ 
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INTRODUCED BY SENATOR SONNY M. ANGARA 
AN ACT 
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9417 AND APPROPRIATINq 
FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
SECTION 1. Section 3 of Republic Act No. 9417 is hereby amended to read 
2 
as follows: 
3 
"SEC. 3. Standards. - The Solicitor General shall have 
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cabinet rank and the same qualifications for appointment, rank, 
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CATEGORY, 
prerogatives, 
salaries, 
allowances, 
[benefits] 
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EMOLUMENTS, [and] privileges, AND RETIREMENT AND ALL 
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OTHER BENEFITS of [a Presiding Justice of the Court of Appeals] 
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AN ASSOCIATE JUSTICE OF THE SUPREME COURT; an 
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Assistant Solicitor General, those of an Associate Justice of the 
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Court of Appeals. 
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The 
qualifications for appointment, 
rank, 
CATEGORY, 
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prerogatives, salaries, ALLOWANCES, EMOLUMENTS, [benefits] 
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privileges, AND RETIREMENT AND ALL OTHER BENEFITS of 
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Solicitors shall be the same as judges, specified as follows: 
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Senior State Solicitor 
State Solicitor II 
State SOlicitor I 
Regional Trial Court Judge 
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Metropolitan Trial Court Judge 
-
Municipal Trial Court in Cities Judge 
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The 
Solicitor General 
shall 
determine the 
qualifications, 
prerogatives and responsibilities of the Associate Solicitors" 
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SEC. 2. Section 5 of Republic Act No. 9417 is hereby amEmded to read as follows: 
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"SEC. 5. Benefits and Privileges. - Subject to the availability 
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of funds, the Office of the Solicitor General may provide its 
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employees with the following: 
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(1) Health care service through a health maintenance organization 
(HMO), Expenses for the mandatory annual executive check-up of 
the Solicitor General, the Assistant Solicitors General, and the 
Service Heads, shall be for the account of the office; 
(2) All employees shall be covered by accident insurance policies 
procured by the office at its own expense during travels while in the 
performance 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; 
(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 
DETERMINED 
BY 
THE 
SOLICITOR 
GENERAL 
EXIGENCIES OF THE SERVICE." 
MAY 
BE 
IN 
THE 
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SEC. 3. Section 10 of Republic Act No. 9417 is hereby deleted and replaced by a 
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new Section 10 to read as follows: 
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"SEC. 10. [Grant of Special Allowances. -
The Solicitor 
General, Assistant Solicitor General, Senior State Solicitor, State 
Solicitors I ad Associate Solicitors I to III shall be granted special 
allowances in amounts to be determined by the Secretary of the 
Department of Budget and Management and the Solicitor General. 
The grant of special allowances shall be implemented uniformly in 
such sums and amounts and up to the extent only that can be 
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supported by the funding source specified in Section 11 hereof: 
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Provided, That the said special allowance shall not exceed One 
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hundred percent (100%) fo the basic salary of solicitors as provided 
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in Republic Act No. 6758, otherwise known as the Salary 
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Standardization Law.] 
SURVIVORSHIP BENEFITS. -
UPON 
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DEATH 
OF 
A 
SOLICITOR 
GENERAL, 
ASSISTANT 
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SOLICITOR GENERAL, SENIOR STATE SOLICITOR OR 
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STATE SOLICITOR OF THE OSG, IF SAID OSG OFFICIAL 
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HAD RETIRED OR WAS IN THE SERVICE AT THE TIME OF 
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DEATH, THE 
SURVIVING 
LEGITIMATE 
SPOUSE AND 
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DEPENDENT CHILDREN OF SAID OSG OFFICIAL SHALL BE 
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ENTITLED TO RECEIVE ON A MONTHLY BASIS ALL THE 
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RETIREMENT BENEFITS THAT THE DECEASED WAS 
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RECEIVING OR ENTITLED TO RECEIVE AT THE TIME OF 
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DEATH UNDER THE PROVISIONS OF THE APPLICABLE 
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RETIREMENT LAWS THEN IN FORCE. A 'DEPENDENT' 
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MEANS 
A 
LEGITIMATE, 
ILLEGITIMATE OR 
LEGALLY 
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ADOPTED CHILD WHO IS CHIEFLY DEPENDENT WITH THE 
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ABOVE-ENUMERATED DECEASED OSG OFFICIALS IF 
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SUCH DEPENDENT IS NOT MORE THAN TWENTY-ONE (21) 
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YEARS OF AGE, UNMARRIED AND NOT GAINFULLY 
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EMPLOYED OR IF SUCH DEPENDENT, REGARDLESS OF 
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AGE, IS INCAPABLE OF SELF-SUPPORT BECAUSE OF 
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MENTAL OR PHYSICAL DEFECT. THE SAID SURVIVING 
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LEGITIMATE SPOUSE SHALL CONTINUE TO RECEIVE 
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SUCH RETIREMENT BENEFITS DURING HIS/HER LIFETIME 
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OR UNTIL HE/SHE REMARRIES: PROVIDED, THAT IF THE 
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SURVIVING 
LEGITIMATE 
SPOUSE 
IS 
RECEIVING 
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BENEFITS UNDER EXISTING RETIREMENT LAWS, HE/SHE 
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SHALL 
ONLY 
BE 
ENTITLED 
TO 
tHE 
DIFFERENCE 
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BETWEEN THE AMOUNT PROVIDED FOR IN THIS ACT AND 
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THE 
BENEFITS 
HE/SHE 
IS 
RECEIVING: 
PROVIDED 
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FURTHER, THAT SAID BENEFITS SHALL BE GRANTED TO 
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ALL AFOREMENTIONED MEMBERS OF THE OFFICE OF 
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THE SOLICITOR GENERAL WHO DIED OR RETIRED PRIOR 
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TO THE EFFECTIVITY OF THIS ACT. 
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FUNDS FOR THE INITIAL IMPLEMENTATION OF 
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THIS SECTION SHALL BE TAKEN OUT OF THE CURRENT 
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APPROPRIATIONS FOR THE RETIREMENT OF 
THE 
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OFFICERS AND EMPLOYEES OF THE OFFICE OF THE 
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SOLICITOR 
GENERAL 
AND/OR 
SAVINGS 
OF 
SAID 
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OFFICE. 
THEREAFTER, 
SUCH 
SUMS 
AS 
MAY 
BE 
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NECESSARY FOR THE CONTINUED IMPLEMENTATION 
OF THIS SECTION SHALL BE INCLUDED IN THE ANNUAL 
GENERAL APPROPRIATIONS ACT. 
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SEC. 4. Section 11 of Republic Act No. 9417 is hereby amended to read as 
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follows: 
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"SEC. 
11. 
Funding. -
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: 
( i) 
[Five percent (5%)] TWENTY PERCENT (20%) of 
monetary awards OR ASSETS given by the Court to 
client departments, agencies and instrumentalities of 
the 
Government, 
including 
those 
under 
court-
approved compromise agreements AND TWENTY 
PERCENT (20%) OF ASSETS AWARDED TO THE 
GOVERNMENT IN FORFEITURE PROCEEDINGS; 
(ii) 
fifty percent (50%) of fees collected by the Special 
Committee on Naturalization; and 
(iii) 
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 IS 
LIKEWISE, AUTHORIZED TO BORROW FUNDS AND 
DISPOSE 
OF 
ITS 
ASSETS TO 
CARRY OUT THE 
PROVISIONS OF THIS ACT" 
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SEC. 5. Retroactivity. - The retirement benefits provided for under Section 10 of 
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this Act shall have retroactive effect as of the date of effectivity of Republic Act No. 
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9417. 
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SEC. 6. Separability Clause. -
If any provIsion of this Act is declared 
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unconstitutional or invalid, other parts or provisions hereof not affected shall continue in 
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full force and effect. 
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SEC.7. Effectivity. -
This Act shall take effect fifteen (15) days following its 
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publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation. 
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Approved, 
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