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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

350

HOUSE BILL NO. __“

BILLS ANU INDEX SERVICE

Introduced by HONORABLE ROMERO "MIRO" S. QUIMBO.

EXPLANATORY NOTE

‘The Solicitor General is the Government official authorized to appear before
the courts and defend the Government, its departments, agencies and
instrumentalities, Congress included. The daunting and sensitive legal duties of the
Office of the Solicitor General (OSG) shows that there is an imperative need for the
amendment of Republic Act No. 9417 or “An Act to Strengthen the Office of the
Solicitor General by Expanding and Streamlining its Bureaucracy, Upgrading
Employee Skills and Augmenting Benefits, and Appropriating Funds Therefor and
For Other Purposes.”

This bill seeks for the further strengthening of the OSG as an institution, as
well as providing its lawyers and employees benefits and privileges already being
enjoyed by their counterparts in other government offices. This is to ensure that it
will be able to perform its mandate of upholding State interest and faithfully carry
out its role as the Tribune of the People. The crucial role played by the Solicitor
General dictates that the qualifications for appointment, rank, category,
prerogatives, salaries, allowances, emoluments, benefits and privileges of the
Solicitor General be upgraded to that of an Associate Justice of the Supreme Court.
While this move does not change the Solicitor General's present salary grade of 31,
it will serve to enhance the prestige and honor carried by the said position.

And, while R.A. No. 9417 already provides that Senior State Solicitors and
State Solicitors of the OSG shall have the same rank, salaries, and privileges as
that of trial court judges, many benefits provided for by R.A. No. 9946, otherwise
known as an Act Granting Additional Retirement, Survivorship, and other Benefits
to Members of the Judiciary, like retirement under R.A. No. 910, are reserved for
members of the judiciary only. Ironically, the counterparts of Senior OSG lawyers
in the National Prosecution Service (NPS) and Public Attorney’s Office (PAO) already
enjoy many other benefits, which senior OSG lawyers are deprived of. There is a
need, therefore, to equalize the benefits and privileges received by these
government lawyers by similarly affording them the same prerogatives, salaries,
allowances, benefits and privileges given to their counterparts in the Judiciary, NPS
and the PAO.

The amendments on survivorship, authority to borrow and increase of the
OSG’s share in monetary awards or assets given by courts to client departments
and assets awarded to the Government in forfeiture proceedings to 20% serve to


further strengthen the OSG by increasing its source of income for the payment of
the mandated benefits and expansion under R.A. No. 9417.

In view thereof, the expedient approval of this bill is strongly recommended.

ROMERO “MIRO” S. QUIMBO
Representative
Second District, Marikina City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

350

HOUSE BILL NO.

Introduced by REP. ROMERO “MIRO” S. QUIMBO

AN ACT
TO FURTHER STRENGHTEN THE OFFICE OF THE SOLICITOR GENERAL,
AMENDING FOR THE PURPOSE OF REPUBLIC ACT NO. 9417 AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Section3 of Republic Act No. 9417 is hereby amended to read as
follows:

“SEC. 3 Standards. - The Solicitor General shall have cabinet
rank and the same qualifications for appointment, rank, CATEGORY,
prerogatives, salaries, [benefits] EMOLUMENTS, [and] privileges, AND
RETIREMENT AND ALL OTHER BENEFITS of [a Presiding Justice of the
Court of Appeals) AN ASSOCIATE OF JUSTICE OF THE SUPREME
COURT; an Assistant Solicitor General, those of an Associate Justice of
the Court of Appeals.

The qualifications for appointment, rank, CATEGORY,
prerogatives, salaries, ALLOWANCES, EMOLUMENTS, [benefits]
privileges, AND RETIREMENT AND ALL OTHER BENEFITS of Solicitors
shall be the same as judges, specified as follows:

Senior State Solicitor - Regional Trial Court Judge
State Solicitor II - Metropolitan Trial Court in Cities
Judge

The Solicitor General shall determine the qualifications, and
responsibilities of the Associate Solicitors.”


SECTION 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:

(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
- y a “
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 consists 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 and
employees or their heirs; and

(5) OTHER PERQUISITES AND BENEFITS AS MAY BE DETERMINED BY
THE SOLICITOR GENERAL IN THE EXIGENCIES OF THE SERVICE”

SECTION 3. Section10 of Republic Act No. 9417 is hereby deleted and replace
by a new Section 10 to read as follows:

“SEC. 10/Grant of Special Allowances. - The Solicitor
General, Assistant Solicitor General, Senior State Solicitor, State Solicitor
I and Associate Solicitor I to Il 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 supported by the funding source
specified in Section 11 hereof: Provided, That the said special allowance
shall not exceed one hundred percent (100%) for the basic salary of
solicitors as provided in the Republic Act No. 6758, otherwise known as
the Salary Standardization Law.] SURVIVORSHIP BENEFITS. - UPON
DEATH OF A SOLICITOR GENERAL, SENIOR STATE SOLICITOR OR



STATE SOLICITOR OF THE OSG, IF SAID OSG OFFICIAL HAD RETIRED
OR WAS IN THE SERVICE AT THE TIME OF DEATH, THE SURVIVING
LEGITIMATE SPOUSE AND DEPENDENT CHILDREN OF SAID OSG
OFFICIAL SHALL BE ENTITLED TO RECEIVE ON A MONTHLY BASIS
ALL THE RETIREMENT BENEFITS THAT THE DECEASED WAS
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 WITH THE ABOVE-ENUMERATED DECEASED OSG
OFFICIALS IF SUCH DEPENDENT IS NOT MORE THAN TWNETY-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 SPUSE SHALL CONTINUE TO RECEIVE
SUCH RETIREMENT BENEFITS DURING HIS/HER LIFETIME OR UNTIL
HE/SHE REMARRIES: PROVIDED, THAT IF THE SURVIVING
LEGITIMATE SPOUSE IS RECEIVING BENEFITS UNDER EXISTING
RETIREMENT LAWS, HE/SHE SHALL ONLY BE ENTITLED TO THE
DIFFERENCE BETWEEN THE AMOUNT PROVIDED FOR IN THIS ACT
AND THE BEENFITS HE/SHE IS RECEIVING: PROVIDED FURTHER,
THAT SAID BENEFITS SHALL BE GRANTED TO ALL
AFOREMENTIONED MEMEBERS 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 SAVINGS 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.”

SECTION 4. Section11 of Republic Act No. 9417 is hereby amended to read as
follows:

“SEC. 11Funding. - 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, including
those under court-approved compromise agreements AND



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TWENTY PERCENT (20%) OF ASSETS AWARDED TO THE
GOVERNMENT IN THE FORFEITURE PROCEEDINGS;

(i) fifty percent (50%) of fess 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.”

SECTION 5. Retroactivity -— The retirement benefits provided for under
Section 10 of this Act shall have retroactive effect as of the date of effectivity of
Republic Act No. 9417.

SECTION 6. Separability Clause - If any provision of this Act is declared
unconstitutional or invalid, other parts or provision hereof not affected shall
continue in full force and effect.

SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,