Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bit No, 1804

Introduced by HONORABLE LUIS R. VILLAFUERTE
and HONORABLE FERDINAND MARTIN G. ROMUALDEZ

EXPLANATORY NOTE

The Office of the Solicitor General 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. When authorized by the President or head of the office
concerned, it shall also represent government-owned or controlled
corporations. The Office of the Solicitor General represents, upon the
instructions of the President, the Republic of the Philippines in
international litigations, negotiations or conferences where the legal
position of the Republic must be defended or presented. As Tribune of
the People, the Office of the Solicitor General acts and represents the
Republic and/or the People before any court, tribunal, body or commission
in any matter, action or proceedings which, in his opinion, affects the
welfare of the people as the ends of justice may require. Thus, the duty
of the Office of the Solicitor General is to defend the interests of the
Republic of the Philippines and to advocate the rule of law as a fulcrum in
advancing the interests of the Government and the rights of all the People
of the Republic of the Philippines. As Tribune of the People, the Office of
the Solicitor General, at times takes a position contrary to that of its
traditional client - the Government.

Given these formidable duties of the Solicitor General, his insulation
from political pressure is crucial and necessary for the proper
performance of his duty to uphold the interest of the State and to
faithfully carry out his role as Tribune of the People.

To further strengthen the Office of the Solicitor General as an
institution, this bill aims to give the Solicitor General a fixed term of seven
years without reappointment. It is designed to insulate the Solicitor
General, as principal lawyer of the Republic of the Philippines and as the
Tribune of the People, from political pressure and help ensure his
independence.


This bill likewise aims to grant to the Office of the Solicitor General
fiscal autonomy to further ensure its independence and perform its twin
duty as the principal law officer of Government and the Tribune of the
People. /

Hence, the approval of this bill is earnestly sought.

INK
LUIS R. VILLAGUERTE


‘Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

Introduced by HONORABLE LUIS R. VILLAFUERTE
and HONORABLE FERDINAND MARTIN G. ROMUALDEZ

AN ACT STRENGTHENING THE AUTONOMY AND INDEPENDENCE OF
THE OFFICE OF THE SOLICITOR GENERAL AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives in Congress
assembled:

1 SECTION 1. Section 3 of Republic Act No. 9417 is hereby amended

2 to read as follows:

3 “SEC. 3. Standards. - The Solicitor General shall have a
4 cabinet rank, A TERM OF SEVEN (7) YEARS WITHOUT
5 REAPPOINTMENT, and the same qualifications for
6 appointment, rank, prerogatives, salaries, allowances,
7 benefits and privileges as the Presiding Justice of the Court of
8 Appeals; an Assistant Solicitor General[,] SHALL HAVE THE
9 SAME QUALIFICATIONS FOR APPOINTMENT, RANK,
10 PRER RIE: WAN EN!

11 AND PRIVILEGES AS THE [those of an] Associate Justice of

12 the Court of Appeals.


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The qualifications for appointment, rank, prerogatives,
salaries, ALLOWANCES, BENEFITS, and privileges of
Solicitors shall be the same as judges, specified as follows:
Senior State Solicitor - Regional Trial Court Judge
State Solicitor II - Metropolitan Trial Court Judge
State Solicitor I - Municipal Trial Court Judge in Cities

The Solicitor General shall determine the qualifications,

prerogatives and responsibilities of the Associate Solicitors.”

Sec. 2. Section 5 of Republic Act No. 9417 is hereby amended to

read as follows:

SEC. 5. Benefits and Privileges. - Subject to the
availability of funds, the Office of the Solicitor General may
provide its employees with the following benefits:

(1) Health care services 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;


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(3) Without prejudice to efficiency in the service,
scholarship to deserving employees on official
time and at the expenses 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.

Sec. 3. Section 11 of Republic Act No. 9417 is hereby amended to
read as follows:

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) FEVE (5%) PERCENT [ten percent (10%)] of

monetary awards of assets given by the Courts to
client departments, agencies and instrumentalities

of the Government, including those under court-


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approved compromise agreements AND TEN
PERCENT (10%) 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 SHALL
ENJOY FISCAL AUTONOMY _TO ENSURE _ITS

Fi HE iF Ti LI ENE:

AUTOMATICALLY AND REGULARLY RELEASED. THE
F TH LICIT: ENE! E



AUTHORIZED TO BORROW FUNDS AND DISPOSE ITS
ASSETS TO CARRY OUT THE PROVISIONS OF THIS ACT.
EVE! IN TO PREVENT THE

LT RAL _FROM E AND

THE PRIVILEGES AND PERKS THEREOF FOR POLITICAL
Pp THE ENE! NOT

1 ry FF:

WITHIN THREE (3) YEARS FROM AND AFTER THE END

OF HIS TERM OR RESIGNATION THEREFROM.

Sec. 4. Separability Clause. - If any provision of this Act is
declared unconstitutional or invalid, other parts or provisions hereof not
affected shall continue in full force and effect.

Sec. 5. Effectivity. This Act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general
circulation.

Approved,