. , 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
S. B.No. 597 
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JUL -8 P 1 :1 8 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
It is the declared policy of the State to protect the rights and promote the 
welfare of the Filipino worker. Pursuant to this policy and to ensure efficient and 
effective performance in the legal service of the Government, the Office of the Solicitor 
General should be further strengthened. 
This bill provides for the upgrading of the standards, benefits and privileges 
and increasing the funding of the Office of the Solicitor General. It also provides for 
survivorship benefits to surviving spouse and legitimate children of a deceased or 
. retired OSG member. 
Approval of this bill is earnestly sought. 
~ 
FRANCIS G. ESCUDERO 


'-.'" 
, . 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 597 
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JUL -8 P 1 :1 8 
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Introduced by Senator FRANCIS G. ESCUDERO 
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AN ACT 
TO FURTHER STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and the House. of Representatives' of the Philippines in 
Congress assembled: 
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SECTION 1. Section 3 of Republic Act No. '9417 is hereby amended to read as 
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follows: 
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"Sec. 3. Standards. - The Solicitor General shall have cabinet rank and the 
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same qualifications for appointment, rank, CATEGORY, prerogatives, salaries, 
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allowances, [benefits] EMOLUMENTS, [and] privileges AND RETIREMENT AND 
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ALL OTHER BENEFITS OF AN [as the Presiding Justice ofthe Court of Appeals;] 
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ASSOCIATE JUSTICE OF THE SUPREME COURT; an Assistant Solicitor General, 
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those of an Associate JUstice of the Court of Appeals. 
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The qualifications for appointment, rank, CATEGORY, prerogatives, salaries, 
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ALLOWANCES, EMOLUMENTS, PRIVILEGES; AND RETIREMENT AND ALL 
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OTHER BENEFITS [and privileges] of Solicitors shall be the same as judges, specified 
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as follows: 
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Senior State Solicitor . 
State Solicitor II 
State Solicitor I 
Regional Trial CourtJudge 
Metropolitan Trial Court Jud.ge 
Municipal Trial Court in Cities Judge 
" 
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The Solicitor General shall determine the qualifications, prerogatives anp. 
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responsibilities of the Associate Solicitors." 
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SEC. 2. 
Section 5 of Republic Act No. 9417 is hereby amended to read as 
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follows: 
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"Sec. 5. Be,nefits and Privileges. - Subject to the availability of funds, /the Office 
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of the Solicitor General may provide its employees with the following benefits: 
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(1) Health care service through a health maintenance organization (HMO). 
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Expenses for the mandatory annual executive check-up of the Solicitor 
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General, the Assistant Solicitor General, and the Service Heads, shall be for 
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the account of the Office; 
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(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; [and] 
(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 may be determined by the Solicitor 
General in the exigencies of the service. 
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SEC. 3. 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, including 
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those for health care services, insurance premiums, professional, educational, 
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registration fees, contracted transportation benefits, the other benefits above, shall be 
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taken from: 
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(i) 
TWENT:Y PERCENT (20%) [five percent (5%)] of monetary aJ,ards OR 
ASSETS given by the Courts to client departments, agelJcies and 
instrUJ;nentalities of the Government, including those under court-
approved compromise agreements AND TWENTY PERCENT (20%) OF 
ASSETS AWARDED TO THE GOVERNMENT IN FORFEITURE 
PROCEEPINGS; 
(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. 
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For this purposes, the Office of the Solicitor General is hereby authorized 
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to charge deputation, certification and other similar fees in the cases that it 
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handles. 
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The amounts collected pursuant to this section shall constitute a trust 
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fund in the name of the Office of the Solicitor General to be managed and used 
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by the Solicitor General to carry out the provisions of this Act. 
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THE OFFICE, OF THE SOLICITOR GENERAL IS LIKEWISE 
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AUTHORIZED TO BORROW FUNDS AND DISPOSE OF ITS ASSETS TO 
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CARRY OUT THE PROVISIONS OF THIS ACT. 
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SEC. 4. A New Section 10 shall hereafter be added to Republic Act No. 9417, 
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afterwhich renumber the succeeding sections accordingly: 
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"SEC. 10. SURVIVORSHIP. - UPON DEATH OF A SOLICITOR GENERAL, 
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ASSISTANT SOLICITOR GENERAL, SENIOR STATE SOLICITOR OR STATE 
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SOLICITOR OF THE OSG, IF SAID OSG OFFICIAL HAD RETIRED OR WAS IN 
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THE SERVICE AT THE TIME OF DEATH, THE SURVIVING LEGITIMATE 
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SPOUSE AND DEPENDENT CHILDREN OF SAID OSG OFFICAL SHAlt BE 
ENTITLED TO RECEIVE ON A MONTHLY BASIS ALL THE RETIREMENT 
BENEFITS THAT 'IBE DECEASED WAS RECEIVING OR ENTIT~ED TO 
RECEIVE AT THE TIME OF DEATH UNDER THE PROVISIONS OF THE 
APPLICABLE RETIREMENT LAWS THEN IN FORCE. 
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A "DEPENDENT" MEANS A LEGITIMATE, ILLEGITIMATE OR LEGALLY 
ADOPTED CHILD WHO IS CHlEFL Y DEPENDENT WITH THE ABOVE-
ENUMERATED DECEASED OSG OFFICIALS 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 
DEFECT. THE SAID SURVIVING LEGITIMATE SPOUSE SHALL CONTINUE 
TO RECEIVE SUCH RETIREMENT BENEFITS DURING HISjHER LIFETIME OR 
UNTIL HF/SHE REMARRIES. PROVIDED, THAT IF THE SURVIVING 
LEGITIMATE 
SPOUSE 
IS 
RECEIVING 
BENEFITS 
UNDER 
EXISTING 
RETIREMENT LAWS, HF/SHE SHALL ONLY BE ENTITLED TO THE 
DIFFERENCE BETWEEN THE AMOUNT PROVIDED FOR IN THIS ACT AND 
THE BENEFITS HF/SHE'IS RECEIVING. PROVIDED FURTHER, THAT SAID 
BENEFITS SHALL BE GRANTED TO ALL AFOREMENTIONED MEMBERS OF 
THE OFFICE OF THE SOLICITOR GENERAL WHO DIED OR 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 OFFICERS AND EMPLOYEES OF THE OFFICE OF THE 
SOLICITOR GENERAL AND/OR SAVING OF SAID OFFICE. 
THEREAFTER, 
SUCH 
SUMS 
AS. MAY 
BE 
NECESSARY 
FOR 
THE 
CONTINUED 
IMPLEMENTATION OF THIS SECTION SHALL BE INCLUDED IN THE 
ANNUAL GENERAL APPROPRIATIONS ACT. 
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SEC. 5. Retroactive Clause. - The retirement benefits provided for under Section 
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1 of this Act shall have retroactive effect as of the date of effectivity of Republic Act 
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No, 9417. 
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SEC. 6. 
Separability Clause. 
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If any proviSion of this Act is declared 
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unconstitutional or invalid, other parts or provisions hereof notaffechid shall continue 
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in full force and effect. 
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SEC. 7. EffectiVity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in two (2) newspapers of general circulation. 
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Approved, 
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