SliVIiNTEHNTH CONGRl-SS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
)
S.N0Em
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Introduced by Senator Richard J. Gordon
f 1L V.'. I
AN ACT FURTHER STRENGTHENING THE OFFICE OF THE SOLICITOR GENERAL BY 
INCREASING ITS POWERS AND FUNCTIONS. AND REDEFINING, EXPANDING, AND 
RATIONALIZING ITS ORGANIZATION, REPEALING FOR THE PURPOSE REPUBLIC ACT 
NO. 9417, REPUBLIC ACT NO. 2327, AND EXECUTIVE ORDER NOS. 1 AND 2, S. 1986, 
AUGMENTING ITS EMPLOYEE BENEFITS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES.
EXPLANATORY NOTE
The Office of the Solicitor General (OSG) is the principal law office and legal 
defender of the Government of the Republic of the Philippines. The agency represents the 
Government of the Philippines, its agencies and instrumentalities and its officials and 
agents in any litigation, proceeding, investigation or matter requiring the services of 
lawyers.1 The Office of the Government Corporate Counsel (OGCC), on the other hand, is the 
principal and statutory law office of government-owned-and-controlled corporations 
(GOCCs), their subsidiaries, government financial institutions, government corporate 
offspring, government instrumentalities with corporate powers and government acquired 
asset corporations.1 2 The Presidential Commission on Good Government (PCGG) is charged, 
among others, with assisting the President in recovering ill-gotten wealth accumulated by 
former President Ferdinand E. Marcos, his immediate family, relatives, subordinates and 
close associates, and file and prosecute all cases investigated by the agency.3
This bill seeks to consolidate the foregoing functions into the OSG in order to 
achieve efficiency and economy, remove overlapping functions, and to eliminate 
possibilities of conflict in positions between the government’s law offices. In order to fulfill 
its increased mandate, the number of legal divisions in the OSG will be increased to fifty 
(50). Furthermore, in order to ensure a speedy and efficient turnover of cases, a Case 
Migration Committee shall be formed to supervise the smooth turnover of all cases and 
legal concerns of the OGCC and the PCGG to the OSG, with corresponding status reports, 
complete records, and other relevant documents.
Furthermore, considering the importance of the functions performed by the OSG, 
benefits and privileges of senior lawyers from the OSG shall be augmented to make it at par 
with their counterparts in the National Prosecution Service and the Public Attorney's 
Office. This is in order to induce competent lawyers to enter and remain in public 
employment and render faithful and efficient service while so emp(5
Foregoing considered, the immediate approval of this bil
1 E.O. No. 292, Title III, Ch. 12, Secs. 34-35, as amended.
2 E.O. No. 292, Title III, Ch. 3, Sec. 10, as amended.
1 E.O. No. 1, Sec. 2.
RICH
|. GORDON


SEVENTEENTH CONGRESS OF THE) 
REPUBLIC OFTHE PHILIPPINES 
) 
Second Regular Session 
)
SENATE
S- No. 1G26
II- O' 1.
I 
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M7 
DCC- 4 
P V -On
Introduced by Senator Richard |. Gordon * 1 1
AN ACT FURTHER STRENGTHENING THE OFFICE OF THE SOLICITOR GENERAL BY 
INCREASING ITS POWERS AND FUNCTIONS, AND REDEFINING, EXPANDING, AND 
RATIONALIZING ITS ORGANIZATION, REPEALING FOR THE PURPOSE REPUBLIC ACT 
NO. 9417, REPUBLIC ACT NO. 2327, AND EXECUTIVE ORDER NOS. 1 AND 2, S. 19B6, 
AUGMENTING ITS EMPLOYEE BENEFITS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES.
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled:
1 
SECTION 1. S hort Title. - This Act shall be known as the “OSG Charter."
2 
SEC. 2. D eclaration o f Policy. — It is the declared policy of the State to strengthen
3 
the Office of the Solicitor General (OSG) in order for the agency to fulfill its roles as the
4 
Tribune of the People and the principal law office of the government, which represents the
5 
Republic of the Philippines, its agencies and instrumentalities and its officials and agents in
6 
any litigation, proceeding, investigation or matter requiring the services of lawyers.
7 
It is also the policy of the State to ensure efficiency and economy in the operations of
8 
government, eliminate the overlapping of functions, consolidate the legal services in the
9 
government into one office, and concentrate and enhance government efforts for the full
10 
and effective recovery of ill-gotten wealth and properties, including the efficient
11 
investigation and prosecution of cases relative thereto. Towards this end, the Office of the
12 
Government Corporate Counsel (OGCC) and the Presidential Commission on Good
13 
Government (PCGG) are hereby abolished and their respective powers and functions are
14 
transferred to the OSG.
15 
With the transfer of the powers and functions of the OGCC and the PCGG to the OSG,
16 
and to ensure the efficient and effective legal representation of the Government, its
17 
departments, bureaus, agencies, and instrumentalities, GOCCs, and officials and agents in
18 
their official capacity, the number of legal and administrative staff of the OSG shall be
19 
increased, as well as their positions and benefits upgraded, to adequately meet the
20 
Republic's burgeoning need for legal services.
21 
SEC. 3. D efinition o f Terms. - The following phrases or terms, when used in this Act,
22 
shall have the meanings given to them in this section unless the context clearly indicates
23 
otherwise:


1 
(a) "Capacity development" refers to the process whereby the OSG, as an
2 
organization, develops its capability over time to achieve development goals while
3 
enhancing its ability to achieve measurable and sustainable results, through improvement
4 
of knowledge, skills, and systems.
5 
(b) "GOCC” refers to government-owned and -controlled corporations, their
6 
subsidiaries, other corporate offspring, including government-acquired asset corporations,
7 
government corporate entities and government instrumentalities with corporate powers,
8 
government financial institutions, and other government corporate entities, agencies and
9 
offices.
10 
(c) "Ill-gotten wealth" refers to any asset, property, business enterprise or material
11 
possession o f the persons referred to in Executive Orders Nos. 1 and 2, s. 1986, acquired
12 
by them directly, or indirectly through dummies, nominees, agents, subordinates, and/or
13 
business associates by any of the following means or similar schemes:
14 
(1) Through misappropriation, conversion, misuse, or malversation of public
15 
funds or raids on the public treasury;
16 
(2) Through the receipt, directly or indirectly, of any commission, gift, share,
17 
percentage, kickbacks, or any other form o f pecuniary benefit from any person
18 
and/or entity in connection with any government contract or project or by reason of
19 
the office or position of the official concerned;
20 
(3) By the illegal or fraudulent conveyance or disposition o f assets belonging
21 
to the government or any of its subdivisions, agencies or instrumentalities, or
22 
government-owned or controlled corporations;
23 
(4) By obtaining, receiving, or accepting directly or indirectly any shares of
24 
stock, equity, or any other form of interest or participation in any business
25 
enterprise or undertaking;
26 
(5) Through the establishment of agricultural, industrial, or commercial
27 
monopolies or other combination and/or by the issuance, promulgation, and/or
28 
implementation of decrees and orders intended to benefit particular persons or
29 
special interests; and
30 
(6) By taking undue advantage of official position, authority, relationship, or
31 
influence for personal gain or benefit.
32 
SEC. 4. O rg anizational Structure. - The Office of the Solicitor General shall be an
33 
independent and autonomous office attached to the Office of the President for budgetary
34 
purposes.
35 
The OSG shall be headed by the Solicitor General, who is the principal law officer
36 
and legal defender of the Government. He/she shall have the authority and responsibility


1 
for the exercise of the OSG's mandate and the discharge of its duties and functions, and
2 
shall have supervision and control over the OSG and its constituent units.
3 
The Solicitor General shall be assisted by a Legal Staff composed of Assistant
4 
Solicitors General and such number of Solicitors and Trial Attorneys as may be necessary
5 
for the proper and efficient operation of the OSG.
6 
There shall be at least fifty (50) legal divisions in the OSG. Each division shall be
7 
headed by an Assistant Solicitor General and shall consist of at least ten (10) Solicitors and
8 
Trial Attorneys and such other personnel as may be necessary for each division to
9 
effectively carry out its functions: Provided, that the Solicitor General may assign or
10 
transfer the Assistant Solicitors General, Solicitors or Trial Attorneys to any of the divisions
11 
of the OSG.
12 
The administrative structure of the OSG shall be organized into the Financial
13 
Management Service, Docket Management Service, Human Resources Management and
14 
Administrative Service, and Budget and Planning Service, which shall each be composed of
15 
its necessary divisions and sections. Each Service shall be headed by a Director, who shall
16 
be appointed by the President.
17 
There shall be an Office of Legal Services (OLS) within the OSG. The OLS shall be
18 
headed by a Chief Legal Officer who shall be considered as a "Confidential" appointee of the
19 
Solicitor General, and whose tenure shall be coterminous with the latter. The Chief Legal
20 
Office shall have the same qualifications and salary grade as an Assistant Solicitor General.
21 
The qualifications, salary grade, and benefits of the OLS staff shall be determined by the
22 
Solicitor General. The Chief Legal Officer shall be assisted by such other personnel as may
23 
be necessary to effectively carry out the functions of the OLS.
24 
A special task force within the OSG shall be created to be composed of at least five
25 
(5) legal divisions, which shall be primarily responsible for performing the powers and
26 
functions under Section 5 (m) of this Act. Pending judicial determination of the ownership
27 
of ill-gotten assets, the task force shall be responsible for preserving and maintaining such
28 
assets. For this purpose, the members of the task force may be assigned or designated to sit
29 
in the Board of Directors of concerned entities by the Solicitor General. The task force shall
30 
also perform research and development functions.
31 
The administrative support of the task force shall be provided by special units
32 
within the Docket Management Section of the OSG, which shall have the function of
33 
maintaining and monitoring the records of cases as well as the safe-keeping of evidence
34 
and documents; and within the Property Management Section of the OSG in the
35 
preservation and maintenance of sequestered assets and of other assets that subject of
36 
pending litigation in the ill-gotten wealth complaints filed by the PCGG with the
37 
Sandiganbayan and related cases.


1 
SEC. 5. Powers and Functions. - The OSG shall represent the Government of the
2 
Philippines, its agencies and instrumentalities, including GOCCs, and its officials and agents
3 
acting in their official capacity, in any litigation, proceeding, investigation, or matter
4 
requiring the services of a lawyer. As the principal law office of the Government, the OSG
5 
shall have the following specific powers and functions:
6 
(a) Represent the Government and the People of the Philippines in the Supreme
7 
Court and the Court of Appeals in all criminal proceedings; represent the Government and
8 
its officers in the Supreme Court, the Court o f Appeals, and all other courts or tribunals in
9 
all civil actions and special proceedings in which the Government has been impleaded as a
10 
party, or any official of the Government sued in the lawful performance of duty;
11 
(b) Investigate, initiate court action, or in any manner proceed against any person,
12 
corporation, or firm for the enforcement of any contract, bond, guarantee, mortgage,
13 
pledge, or other collateral executed in favor of the Government;
14 
(c) Appear in any court in any action involving the validity of any treaty, law,
15 
executive order or proclamation, or rule or regulation when in his judgment his
16 
intervention is necessary or when requested by the Court;
17 
(d) Appear in all proceedings involving the acquisition or loss of Philippine
18 
citizenship;
19 
(e) Represent the Government in all land registration and related proceedings, and
20 
institute actions for the reversion to the Government of lands of the public domain and
21 
improvements thereon as well as lands held in violation of the Constitution;
22 
(Q Conciliate, mediate, settle, or adjudicate all disputes, claims and controversies
23 
solely between or among the departments, bureaus, offices, agencies, and instrumentalities
24 
of the National Government, including GOCCs;
25 
(g) Render opinion and advice on matters referred by the departments, bureaus,
26 
offices, agencies, and instrumentalities of the National Government, including GOCCs;
27 
(h) Prepare, upon request of the President or other proper officers of the National
28 
Government, rules and guidelines for government entities governing the preparation of
29 
contracts, making of investments, undertaking of transactions, and drafting of forms or
30 
other documents needed for official use, for the purpose of facilitating their enforcement
31 
and ensuring that they are entered into or prepared conformably to law and for the best
32 
interests 0 f the public;
33 
(ij Deputize, whenever in the opinion of the Solicitor General the public interest so
34 
requires, any provincial or city prosecutor to assist in the performance of any function or
35 
discharge of any duty incumbent upon the Solicitor general, within the jurisdiction of the
36 
aforesaid provincial or city prosecutor. When so deputized, the prosecutor shall be under
37 
the control and supervision of the Solicitor General with regard to the conduct of the


1 
proceedings assigned to the prosecutor, and may be required to render reports or furnish
2 
information regarding the assignment;
3 
(j) The provision of any law to the contrary notwithstanding, act as the legal counsel
4 
and serve as the principal law office of all GOCCs. All GOCCs shall refer to the OSG all
5 
contracts for review before their execution and all cases for representation before regular
6 
courts, quasi-judicial bodies, administrative agencies, and arbitral tribunals: Provided, the
7 
Solicitor General may authorize the legal department of the concerned GOCC to appear as
8 
collaborating counsel for purposes of expediency or when the case demands urgency.
9 
As legal counsel of all GOCCs, the OSG shall also perform the following duties and
10 
functions:
11 
(1) Exercise control and supervision over the legal departments of all GOCCs
12 
directly or through designated Assistant Solicitors General, Solicitors or Trial
13 
Attorneys;
14 
(2) Exercise visitorial powers over GOCCs;
15 
(3) Replace the OGCC and thereafter serve as ex-officio member in the
16 
Property Insurance Fund and enforce the Property Insurance Law 
pursuant to
17 
Republic Act No. 656, as amended by Presidential Decree 245, 
in domestic or
18 
international transactions;
19 
(4) Conduct periodic performance audits of the in-house lawyers or legal
20 
departments of the GOCCs and to recommend appropriate actions to GOCCs;
21 
(5) Devise a system of record-keeping, such as a centralized database for
22 
legal opinions, to ensure that the integrity of vital documents remain intact; and
23 
(6) Require the in-house lawyers or legal departments of GOCCs to submit
24 
periodic reports of work performed and accomplished and to supervise and control
25 
the necessary legal action; and,
26 
(7) Perform other functions as may be provided by law, and such additional
27 
tasks as may be required by the GOCCs, including corporate secretary functions,
28 
with the conformity of the Solicitor General.
29 
(kj Deputize legal officers of government departments, bureaus, agencies, offices,
30 
and GOCCs to assist the Solicitor General and appear or represent the Government in cases
31 
involving their respective offices, brought before the courts or in arbitration cases, and
32 
exercise supervision and control over said legal officers with respect to such cases;
33 
(1) Call on any department, bureau, office, agency, or instrumentality of the
34 
Government, including any GOCC, for such service, assistance, and cooperation as may be
35 
necessary in fulfilling its functions and responsibilities and for this purpose enlist the
36 
services of any government official or employee in the pursuit of its tasks;


1 
Departments, bureaus, agencies, offices, instrumentalities, and GOCCs to whom the
2 
OSG renders legal services are authorized to disburse funds from their sundry operating
3 
and other funds for the OSG. For this purpose, the Solicitor General, Assistant Solicitors
4 
General, Senior State Solicitors, State Solicitors, and Associate Solicitors are specifically
5 
authorized to receive allowances as may be provided by the Government offices,
6 
instrumentalities, and GOCCs concerned, in addition to their regular compensation:
7 
Provided, that the total extra compensation shall, in no case, exceed fifty percentum (50%)
8 
of his/her annual salary.
9 
(m) Exercise and perform the following powers and functions of the PCGG which are
10 
hereby transferred to the OSG:
11 
(1) File and prosecute all cases investigated by the PCGG under Executive
12 
Order No. 1, dated February 28, 1986, Executive Order No. 2, dated 12 March 1986,
13 
and Executive Order No. 432, dated May 26, 2005, as may be warranted by its
14 
findings;
15 
(2) Continue handling cases relative to the recovery of ill-gotten wealth and
16 
behest loans;
17 
(3) Grant immunity from criminal prosecution to any person who provides
18 
information or testifies in any investigation previously conducted by the PCGG or
19 
future cases investigated by the OSG involving ill-gotten wealth, to establish the
20 
unlawful manner in which any respondent, defendant or accused has acquired or
21 
accumulated the property or properties in question in any case where such
22 
information or testimony is necessary to ascertain or prove the latter's guilt or civil
23 
liability. The immunity thereby granted shall be continued to protect the witness
24 
who repeats such testimony before the Sandiganbayan when required to do so; and,
25 
(4) Call upon any department, bureau, office, agency, instrumentality or
26 
corporation of the government, or any officer or employee thereof, for such
27 
assistance as it may need in the discharge of its functions relative to recovery o f ill-
28 
gotten wealth and behest loans.
29 
(n) Represent, upon the instructions of the President, the Republic of the Philippines
30 
in international litigations, negotiations, or conferences where the legal position of the
31 
Republic must be defended or presented;
32 
(o) Subject to the approval of the President, engage the services of counsel to assist
33 
in the discharge of his duties and responsibilities in cases requiring highly specialized legal
34 
skills, knowledge or expertise, including but not limited to foreign arbitrations and
35 
litigations. The engagement of such counsel shall be exempt from Republic Act No. 9184,
36 
otherwise known as the "Government Procurement Reform Act", due to the fiduciary
37 
nature of the relationship between the OSG and such counsel;


1 
(p) Represent the Republic or the people before any court, tribunal, body, or
2 
commission in any matter, action, or proceeding that, in his opinion, affects the welfare of
3 
the people as the ends of justice may require;
4 
(q) (1) Acquire, own, hold, or lease real and personal property; (2) sell or otherwise
5 
dispose of the same; (3) enter into contracts including loan agreements and joint venture
6 
agreements; and (3) do and perform any and all acts that may be necessary or proper to
7 
carry out the purposes o f this Act;
8 
(r) Provide a Legal Internship Program to help law students prepare and train for
9 
and experience legal practice in public service; and,
10 
(s) Perform such other functions as may be provided by law.
11 
SEC. 6. A bolitio n  o f the Office o f the G overnm ent C orporate Counsel and the
12 
P residential Commission on Good G overnm ent - The legal representation of the
13 
Government, its agencies, and instrumentalities, including GOCCs and officials and agents
14 
acting in their official capacity, and the powers and functions of the PCGG, shall be
15 
consolidated in the OSG. For this purpose, the OOCC and the PCGG are hereby abolished,
16 
and all the powers and functions of said Offices that are not inconsistent with the
17 
provisions of this Act are hereby transferred to the OSG.
18 
After due settlement of its liabilities, if any, all budgetary appropriations, funds,
19 
properties, records, equipment, rights, choses in action, and other assets of the OGCC and
20 
the PCGG are hereby transferred to the OSG.
21 
SEC. 7. A ppointm ents. - The Solicitor General shall be appointed by the President of
22 
the Republic of the Philippines.
23 
The Assistant Solicitors General, Senior State Solicitors, and State Solicitors shall be
24 
appointed by the President upon the recommendation of the Solicitor General. Associate
25 
Solicitors and Trial Attorneys shall be appointed by the Solicitor General. The
26 
recommendations and appointments by the Solicitor General shall be subject to the
27 
qualifications provided in Section 8 of this Act.
28 
The Financial Management Service, Docket Management Service, Human Resources
29 
Management and Administrative Service, and Budget and Planning Service shall each be
30 
headed by a Director to be appointed by the Solicitor General. The Service Heads shall
31 
possess the necessary Career Executive Service eligibility and qualifications for the position
32 
prescribed under existing civil service laws, rules, and regulations: Provided, That if a
33 
Service Head who does not possess the necessary eligibility and qualifications is occupying
34 
the position at the time of the effectivity of this Act, such person shall continue to perform
35 
the functions of the position as Officer-in-Charge and shall have a maximum of two (2)
36 
years to comply with the eligibility and qualifications prescribed herein: Provided further, if
37 
the Service Head fails or is unable to meet the eligibility and qualifications for the position


1 
after the lapse of two (2) years from the effectivity of this Act, such person shall be ipso jure
2 
removed from said position.
3 
Administrative personnel in the OSG shall be appointed by the Solicitor General.
4 
SEC. 8. Standards, Q ualifications, Salaries and Benefits. - The Solicitor General
5 
shall have the rank of a Cabinet Secretary and the same qualifications for appointment,
6 
rank, category, prerogatives, salary grade and salaries, allowances, emoluments, privileges,
7 
retirement and other benefits, and shall be subject to the 
same inhibitions and
8 
disqualifications, as an Associate justice of the Supreme Court.
9 
An Assistant Solicitor General shall have the same qualifications for appointment,
10 
rank, category, prerogatives, salary grade and salaries, allowances, emoluments, privileges,
11 
retirement and other benefits, and shall be subject to the 
same inhibitions and
12 
disqualifications, of an Associate Justice of the Court of Appeals.
13 
The qualifications for appointment, rank, category, prerogatives, salaries,
14 
allowances, emoluments, privileges, retirement and all other benefits of Solicitors shall be
15 
the same as judges, specified as follows:
16 
(a) A Senior State Solicitor shall have the same rank, category, prerogatives, salaries,
17 
allowances, emoluments, privileges, retirement and all other benefits of a Regional Trial
18 
Court judge, and shall have the following qualifications:
19 
(1) A citizen of the Philippines;
20 
(2) At least thirty-five (35) years of age;
21 
(3) For at least ten (10) years, has been engaged in the practice of law in the
22 
Philippines or has held a public office in the Philippines requiring
23 
admission to the practice of law as an indispensable requisite; and,
24 
(4) Proven competence, integrity, probity, and independence.
25 
(b) A State Solicitor 11 shall have the same rank, category, prerogatives, salaries,
26 
allowances, emoluments, privileges, retirement and all other benefits of a Metropolitan
27 
Trial Court judge, while a State Solicitor 1, that of a Municipal Trial Court in Cities judge,
28 
and shall have the following qualifications:
29 
(1) A citizen of the Philippines;
30 
(2) At least thirty-five (30) years of age;
31 
(3) For at least five (5) years, has been engaged in the practice of law in the
32 
Philippines or has held a public office in the Philippines requiring
33 
admission to the practice of law as an indispensable requisite; and,
34 
(4) Proven competence, integrity, probity, and independence.
35 
(c) An Associate Solicitor 111 shall have the following qualifications:
36 
(1) A citizen of the Philippines;
37 
(2) A member of the Philippine bar;
8


1 
(3) For at least three (3) years, has been engaged in the practice of law in the
2 
Philippines or has held a public office in the Philippines requiring
3 
admission to the practice of law as an indispensable requisite; and,
4 
(4) With Sixteen (16) hours of relevant training.
5 
(d) An Associate Solicitor 11 shall have the following qualifications;
6 
(1) A citizen of the Philippines;
7 
(2) A member of the Philippine bar;
8 
(3) For at least one (1) year, has been engaged in the practice of law in the
9 
Philippines or has held a public office in the Philippines requiring
10 
admission to the practice of law as an indispensable requisite; and,
11 
(4) With Four (4) hours of relevant training.
12 
(e) An Associate Solicitor 1 shall have the following qualifications:
13 
(1) A citizen of the Philippines;
14 
(2) A member of the Philippine bar; and,
15 
(3) Such other qualifications, prerogatives and responsibilities as may be
16 
required or determined by the Solicitor General.
17 
The Solicitor General shall be entitled to the same retirement benefits and privileges
18 
as an Associate Justice of the Supreme Court upon reaching the age of sixty (60) years;
19 
Provided, That, he/she shall have served in such capacity continuously for at least three (3)
20 
years.
21 
When an Assistant Solicitor General, Senior State Solicitor, or State Solicitor who has
22 
rendered at least fifteen (15) years of service either in the OSG or in any branch of
23 
government, or in both, retires for having attained the age of sixty-five (65) years or
24 
resigns by reason of incapacity to discharge the duties of the office as certified by the
25 
Solicitor General, such Assistant Solicitor General, Senior State Solicitor, or State Solicitor
26 
shall, during the residue of his/her natural life, in the manner hereinafter provided, receive
27 
a retirement pension based on the highest monthly salary, plus the highest monthly
28 
aggregate of transportation, living and representation allowances being received by the
29 
Assistant Solicitor General, Senior State Solicitor, or State Solicitor at the time of retirement
30 
or resignation.
31 
When Assistant Solicitor General, Senior State Solicitor, or State Solicitor has
32 
attained the age of sixty (60) years and has rendered at least fifteen (15) years of service in
33 
government, the last five (5) years of which must have been continuously rendered in the
34 
OSG, such official or employee shall likewise be entitled to retire and receive during the
35 
residue of his/her natural life the same benefits provided for in this section: Provided,
36 
however. That those with less than fifteen (15) years of service in the government shall be
37 
entitled to a pro-rata pension computed as follows:


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
No. of years in government 
15 years
Basic Pay plus the Highest Monthly 
X Aggregate of Transportation, Living 
and Representation Allowance
SEC. 9. Conditions. -  While receiving the pension and benefits granted herein, no 
retired or resigned official or employee covered in the immediately preceding section shall 
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 their office, or collect any fee for 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 officers.
SEC. 10. A utom atic Increase. - All pension benefits of retired officials or employees 
of the OSG shall be automatically increased whenever there is an increase in the salary and 
allowance in the same position from which they retired.
SEC. 11. S urvivorship Benefits. -  Upon the death of a retired or incumbent official 
or employee, the surviving legitimate spouse and dependent children of said official or 
employee shall be entitled to receive on a monthly basis all the retirement benefits that the 
deceased had been receiving or entitled to receive at the time of death under the provisions 
of the applicable retirement laws then in force. 
A "dependent" means a legitimate, 
illegitimate or legally-adopted child who is chiefly dependent on the said deceased 
Ombudsman official or employee 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 surviving legitimate 
spouse shall continue to receive the retirement benefits during such spouse's lifetime or 
until the surviving spouse remarries; Provided, That if the surviving spouse is receiving 
benefits under existing retirement laws, such spouse shall only be entitled to the difference 
between the amount provided for in this Act and the benefits the surviving spouse is 
receiving. Provided, furthermore. That the surviving legitimate spouse receiving the benefit 
shall not appear as counsel before any court in any civil case wherein the Government or 
any subdivision or instrumentality thereof, including GOCCs, is the adverse party, or m any 
criminal case wherein an incumbent or former officer or employee of the Government is 
accused of an offense committed in relation to their office, or collect any fee for the 
appearance in any administrative proceeding: Provided, finally. That a surviving legitimate 
spouse duly elected to any public office shall not, upon assumption of office and during the 
spouse's term as elected public official, receive the survivorship benefits under this section.
SEC. 12. Office o f Legal Services. - The Office of Legal Services (OLS) shall perform 
the following duties and functions:
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(a) Drafting of proposed legislative measures to strengthen the OSG to enable it to 
efficiently and effectively discharge its mandate, for submission by the Solicitor General to 
Congress and to the President of the Philippines;
(b) Conduct research on legal issues that may be assigned by the Solicitor General;
(c) Assist the Solicitor General, Assistant Solicitors General, State Solicitors, 
Associate Solicitors, and all other employees of the OSG who are impleaded in their official 
capacity in any litigation, proceeding, investigation, or matter requiring the services of a 
lawyer; and,
(d) Such other duties and functions that may be assigned by the Solicitor General.
SEC. 13. Capacity Development. - In order to build and develop the capability of the
OSG as an organization to achieve development goals, as well as enhance its abilities to 
achieve measurable and sustainable results, the Solicitor General, in consultation with the 
Assistant Solicitors General, shall formulate, develop, and implement plans, activities, and 
programs towards the improvement of knowledge, skills, and systems of all the employees 
in the OSG. To achieve this objective, the Solicitor General may by himself authorize OSG 
lawyers to travel anywhere in the Philippines and abroad to attend seminars, fora, 
conferences, or lectures on different areas of law, pleadings and practice in international 
courts and tribunals, public-private partnerships, and public corporate governance, among 
others. The Solicitor General may also authorize the administrative staff of the OSG to 
undergo relevant training to improve their skills.
The OSG employee who undergoes capacity development training must render 
compulsory service obligation based on the total cost of the training, including incidental 
costs such as airfare, accommodation, and allowances, as follows:
Amount of the Grant 
Over Php 500,000.00 
Over Php 300, 000.00 but not 
exceeding Php 500,000.00 
Over Php 150,000.00 but not 
exceeding Php 300,000.00 
Php 150,000 and below
Service Obligation 
5 years 
3 years
2 years
1 year
For failure to render the required length of service referred to in the immediately 
preceding paragraph on account of voluntary resignation, separation from the service 
through his/her own fault or other causes within his/her control, the grantee or trainee 
shall refund in full to the government within six (6) months from separation from the OSG 
such amount as may have been spent for expenses incident to his/her capacity 
development.
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Furthermore, every trainee shall, after completion of the capacity development
2 
training, submit to the Solicitor General a post training report stating therein his/her
3 
recommendation/proposal relative to his plan to apply relevant aspects of the training on
4 
the job, and other training materials, within sixty (60) days upon return to duty.
5 
Non-compliance with the reportorial requirements of the trainee shall result in the
6 
withholding of the trainee’s salary equivalent to the cost of training or conference,
7 
including airfare, transportation allowance, and other expenses borne by the government.
8 
It shall only be lifted upon completion of the requirements as certified by the Solicitor
9 
General.
10 
SEC. 14. Compensation. - The salary grades of the Solicitor General, Assistant
11 
Solicitors General, Senior State Solicitors, State Solicitors, and Associate Solicitors shall be
12 
as follows:
13
Position
Salary Grade
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Solicitor General
31
15
Assistant Solicitor General
30
16
Senior State Solicitor
29
17
State Solicitor 11
28
18
State Solicitor 1
27
19
Associate Solicitor 111
26
20
Associate Solicitor 11
25
21
Associate Solicitor 1
24
22 
The Solicitor General, Assistant Solicitor General, and Solicitors shall be entitled to
23 
step increments and longevity pay which shall be equivalent to those being received by
24 
their counterparts in the Judiciary.
25 
The positions and salaries o f non-legal personnel in the OSG shall be on the same
26 
level as their counterparts in the Court of Appeals.
27 
SEC 15. Benefits and Privileges. - Subject to the availability of funds, the Office of
28 
the Solicitor General may provide its employees with the following benefits:
29 
(1) Health care services through a health maintenance organization (HMO).
30 
Expenses for the mandatory annual executive check-up of the Solicitor General, the
31 
Assistant Solicitors General, and the Service Heads, shall be for the account of the office;
32 
(2) All employees shall be covered by accident insurance policies procured by the
33 
office at its own expense during travels while in the performance of their official duties and
34 
functions;
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(3) Without prejudice to efficiency in the service. Scholarship to deserving
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employees on official time and at the expense of the Office of the Solicitor General to
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enhance their academic growth and upgrade their knowledge and skills. Scholars under
2 
this provision shall be selected on the basis of competitive examination; and
3 
(4) A provident fund which shall consist of contributions made both by the Office of
4 
the Solicitor General and by its lawyers and employees to a common fund for the payment
5 
of benefits to such lawyers or employees or their heirs.
6 
SEC. 16. Sem inar and O ther Professional Fees. - Subject to the availability of funds,
7 
fees for relevant seminars, as well as professional membership fees, registration fees, and
8 
related miscellaneous expenses incurred in completing the mandatory continuing legal
9 
education (MCLE) course shall be borne by the OSG for its lawyers: Provided That lawyers
10 
whose lifetime membership fees to the Integrated Bar o f the Philippines (IBP) have been
11 
paid up or reimbursed by the OSG shall maintain their service in the OSG for at least live (5)
12 
years: Provided, further. That should such lawyers resign or in any manner separate from
13 
the Office before the end of the bond, they shall be required to reimburse the paid up IBP
14 
membership dues or fees pro rata, (n)
15 
Professional membership, registration fees, including those for mandatory
16 
continuing professional education (CPE), and related miscellaneous expenses of other
17 
employees holding positions for which a professional license is required by the office shall
18 
also be borne by the OSG.
19 
SEC. 17. G rant o f Special Allowances. - The Solicitor General, Assistant Solicitor
20 
General, Senior State Solicitor, State Solicitors 1 and II and Associate Solicitors 1 to 111 shall
21 
be granted special allowances in amounts to be determined by the Secretary of the
22 
Department of Budget and Management and the Solicitor General.
23 
The grant of special allowances shall be implemented uniformly in such sums and
24 
amounts and up to the extent only that can be supported by the funding source specified in
25 
Section 11 hereof: Provided, That the said special allowance shall not exceed Fifty percent
26 
(50%) of the basic salary of solicitors as provided in Republic Act No. 6758, otherwise
27 
known as the Salary Standardization Law.
28 
SEC. 18. O ther Benefits. - The lawyers of the OSG are allowed to receive honoraria
29 
and allowances directly from each client department, agency. GOCC, or instrumentality of
30 
the Government for the legal services rendered, including appearing in hearings, providing
31 
legal advice, drafting of contracts and legal documents, and performing other designated
32 
functions. Such honoraria and allowances shall be exempt from income tax: Provided, That
33 
the total of said honoraria and allowances shall not exceed Fifty percent (50%) of the basic
34 
salary of solicitors as provided in Republic Act No. 6758, otherwise known as the Salary
35 
Standardization Law.
36 
SEC. 19. F ranking P rivilege. - All official mail matters and telegrams of the OSG
37 
addressed for delivery within the Philippines shall be received, transmitted, and delivered
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free of charge: Provided, that such mail matters when addressed to private persons or non-
2 
government offices shall not exceed one hundred twenty (120) grams.
3 
SEC. 20. Funding. - The funds required for the implementation of this Act, including
4 
those for health care services, survivorship benefits, insurance premiums, professional,
5 
educational, and registration fees, transportation benefits, and other benefits and
6 
privileges mentioned in the other provisions of this Act, shall be provided for in the General
7 
Appropriations Act and augmented by funds sourced from the following:
8 
(a) 
Ten percent (10%) of monetary awards or value of assets adjudged by the
9 
Courts or tribunals to client departments, agencies and instrumentalities of the
10 
Government, and GOCCs, including those under court approved compromise agreements;
11 
(b) 
Ten percent (10%) of assets adjudged to the Government in forfeiture
12 
proceedings;
13 
(c) 
Fifty percent (50%) of fees collected by the Special Committee on
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Naturalization; and
15 
(d) 
All other income, fees and revenues earned and collected by the OSG.
16 
For this purpose, the OSG is hereby authorized to charge deputation, certification,
17 
and other similar fees in the cases that it handles.
18 
The amounts collected pursuant to paragraphs (a) to (d) in this Section shall
19 
constitute a trust fund as defined in the next section.
20 
SEC. 20. Trust Fund. - There is hereby created an OSG Trust Fund (OTF) sourced
21 
from the amounts collected pursuant to Section 20 of this Act. The OTF shall be
22 
administered by the Solicitor General in accordance with existing government auditing
23 
rules and regulations, and shall be used exclusively for the provision of the benefits and
24 
privileges provided in this Act and for the effective implementation of the powers and
25 
functions of the OSG. All interest income, dividends and earnings accrued from the OTF
26 
shall also form part of the Trust Fund. No portion of the OTF shall revert to the general
27 
fund of the National Government, except when the Trust Fund is no longer necessary for
28 
the purposes for which it was established.
29 
SEC. 21. Transfer o f Cases. - All cases being handled by the OGCC shall be
30 
transferred to the OSG: Provided, however, that the handling OGCC lawyer shall submit a
31 
status report of all cases he or she is handling to the Solicitor General: Provided, further,
32 
that a certification under oath that the records of the case transmitted to the OSG are
33 
complete shall be made by the handling OGCC lawyer as a pre-condition for receiving the
34 
separation or retirement benefits under this Act.
35 
SEC. 22. Case M igration. - Upon the effectivity of this Act, a transition "Case
36 
Migration Committee" (CMC) shall be created, composed of three (3) members from each of
37 
the respective records and docket divisions of the OSG, the OGCC, and the PCGG, at least
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two (2) members from the legal divisions of all GOCCs, and at least two (2) lawyers each
2 
from the OSG, the OGCC, and the PCGG.
3 
The CMC shall ensure the smooth turnover of all cases and legal concerns of the
4 
OGCC and the PCGG to the OSG, with corresponding status reports, complete records, and
5 
other relevant documents, taking care that no case or legal concern shall be prejudiced in
6 
the process of turnover.
7 
The CMC shall have the responsibility of determining which cases and legal concerns
8 
need immediate attention or are extremely urgent. These cases and legal concerns shall be
9 
immediately transferred or referred to the OSG.
10 
The CMC shall complete its work within thirty (30) days from its constitution. The
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CMC shall submit a comprehensive report to the Solicitor General.
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SEC. 23. A bsorption o f Personnel. - The officials and employees of the OGCC and
13 
the PCGG affected by the abolition of their respective offices shall be absorbed in the OSG:
14 
Provided, That said officials or employees possess the necessary eligibility and
15 
qualifications for the position as prescribed in this Act; Provided, further. That such
16 
absorbed personnel shall not be entitled to the retirement or separation benefits provided
17 
in the next section. The absorption of such officials and employees in the OSO shall retroact
18 
to the date of the effectivity of this Act, or to such date that would prevent a gap in the
19 
service of such absorbed personnel.
20 
SEC. 24. R etirem ent o r Separation fro m  Service. - Consequent to the abolition of
21 
the OGCC and the PCGG. OGCC and PCGG officials and employees who are at least fifty (50)
22 
years of age and have served at least fifteen (15) years in the government service, the last
23 
five (5) years of which shall have been continuously rendered in the OGCC or the PCGG,
24 
shall be qualified for retirement with full retirement gratuity and pension pursuant to
25 
applicable laws. Those who lack any one of the above qualifications shall receive a
26 
separation pay equivalent to one and a half (1 & 1/2) months for every year of service in
27 
government, which will be provided for in the General Appropriations Act.
28 
SEC. 24. Im plem enting Rules and Regulations. - Within sixty (60) days rom the
29 
approval of this Act, the Solicitor General, in coordination with the Secretary of Budget and
30 
Management, shall promulgate such rules and regulations as may be necessary to
31 
effectively carry out the provisions of this Act. Until such time that the rules and
32 
regulations are promulgated and Section 21 of this law is implemented, the officials and
33 
administrative personnel of the OGCC and PCGG shall remain in their positions in a
34 
holdover capacity.
35 
SEC. 25. A p p ro p ria tio n . - The amount necessary for the initial implementation of
36 
this Act shall be taken from the current appropriations of the OSG and its savings.
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Thereafter, such sums as may be necessary for the continued implementation of this Act
2 
shall be included in the annual General Appropriations Act.
3 
SEC, 26. Repealing Clause. - This Act expressly repeals Republic Act No. 2327,
4 
Executive Order No. 1, s. 1986, Executive Order No. 2, s. 1986, and Republic Act No. 9417.
5 
Pertinent provisions of Executive Order No. 292, otherwise known as the Revised
6 
Administrative Code of 1987, as amended, and all laws, decrees, orders, rules and
7 
regulations or parts thereof which are contrary to or inconsistent with the provisions of
8 
this Act are hereby amended, repealed or modified accordingly.
9 
SEC. 27. S eparability Clause. - If any provision of this Act is declared invalid or
10 
unconstitutional, the provisions not affected thereby shall continue to be in full force and
11 
effect.
12 
SEC. 28. Effectivity. - This Act shall take effect after fifteen (15) days from its
13 
publication in the Official Gazette or in at least two (2) newspapers of general circulation.
14 
Approved,
16