SEV EN TEEN TH  CO N G RESS OF TH E REPU BLIC 
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OF THE PH ILIPPIN ES 
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Second Regular Session 
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'fr oi { ;r
SENATE
Senate Bill No. 1 6 1 3
RLLLt’. L./ i'
Introduced by S E N A T O R  P A N F IL O  M . L A C SO N
’17 
NOV 16 
P3 2 9  
ON 
W
AN A C T
F U R T H E R  S T R E N G T H E N IN G  T H E  O F F IC E  O F  T H E  S O L IC IT O R  G E N E R A L  BY 
IN C R E A SIN G  IT S  P O W E R S  AND F U N C T IO N S, A ND  R E D E F IN IN G , E X PA N D IN G , 
AND R A T IO N A L IZ IN G  IT S  O R G A N IZ A T IO N , R E P E A L IN G  F O R  T H E  P U R P O S E  
R E P U B L IC  A C T  N O . 9417, R E P U B L IC  A C T  NO. 2327, AND E X E C U T IV E  O R D E R  N OS. 
1 AND 2, S. 1986, A P P R O P R IA T IN G  FU N D S T H E R E F O R  AND F O R  O T H E R  P U R PO S E S
E X P L A N A T O R Y  N O T E
The O ffice o f the Solicitor G eneral (OSG) is an independent and autonom ous office 
attached to the D epartm ent o f Justice that is m andated to represent the G overnm ent o f the 
Philippines, its agencies and instrum entalities, and its officials and agents in any litigation, 
proceeding, investigation or m atter requiring the services o f a lawyer. It is headed by a Solicitor 
General who is the principal law officer and legal defender o f the G overnm ent. 1
In 1959, R epublic A ct N o. 2327 declared the position o f the G overnm ent C orporate Counsel 
as distinct and separate from  that o f the Solicitor General. The O ffice o f the G overnm ent Corporate 
Counsel (O GCC) is m andated to act as the principal law office o f all govem m ent-ow ned-and- 
controlled corporations, their subsidiaries, other corporate offspring, and governm ent acquired 
asset corporations.2
In 1986, Executive O rder N os. 1 and 2 were issued creating the Presidential Com m ission 
on G ood G overnm ent (PCG G ) for the purpose of, am ong others, recovering all the ill-gotten 
w ealth accum ulated by form er President Ferdinand M arcos; investigating cases o f graft and 
corruption as the President m ay assign from  tim e to tim e; and, adopting safeguards to ensure that 
graft and corruption practices shall not be repeated in the new governm ent.
However, despite the declaration that the OGCC is separate and distinct from  the OSG, 
there are num erous instances w herein G OCCs still refer cases to the OSG w here the services o f a 
law yer are required. The sam e is true w ith the PCG G  w herein the O SG  has been representing the 
Republic o f the Philippines in cases involving the recovery and preservation o f ill-gotten w ealth.
1 Sec. 34, Chapter 12, Title III, Executive Order No. 292
2 Sec. 10, Chapter 3, Title III, Executive Order No. 292


econom y 
theref° re aChieVe efficie- ^
consolidate the legal s l i c e s  in thenG O T e^rn en th etoUa,single 
thCre iS ^ “ ed
0 (J ^ S^ d 1theT cG G Ca n T c o n s^ id a d n g th d r functionTw Uhthat^o^t^^
To achieve this end, the Bill proposes the follow ing salient changes:
1. W hile m aintaining the independence and autonom y o f the office the OSG sh .ll h . 
a 
an attached agency o f the O ffice o f the President (O P) for 
p “
 
3,16
2 ' d w lf o Z el l T s r n r o 7 m L * t e ^ ^ ^ ^ ^  
increased to at least fifty (50) legal
as m ay be necessary for the O SG  to effectivclyTarry o r r f u n a l n s f  0thCr PerSOnneI
3. Upon the enactm ent o f this bill, the existing OGCC and the P r r r  .n  n a 
c ,■
and its functions shall be transfetred to the OSG 
be ab° " Shed
4. In addition to the pow ers and functions currently perform ed by the O S r „na 
,n 
existing law, the O SG  shaft hhew ise perform  the f r i l l i n g  p i e r s  and U
n
s  
‘he
a ' 
disr
s- Claims' and controvers*es solely
o f the N ational o l e m
l l t  i n
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d
S
 
a8enCieS-
c. Perform  the functions o f the OGCC;
d. Assume the functions of the PCGG;
e' I t T
a
r g
e
l S
i : '  
‘he ServiCCS ° f  c0™- ' 
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the fiduciary nature o f  the relationship between the OSG and s u l  0“
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hee,P laW S' UdemS PrePare “
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a" d
5. Creation o f a Special Task force com posed o f at least five (5) legal divisions o f the OSG 
Whose prim ary responsibility is the perform ance o f the fu n L L s 8provid:d under S e ^ l


5 (m) o f this Bill and w hich shall be responsible for the preservation and m aintenance 
o f ill-gotten w ealth, pending judicial determ ination o f their ow nership. The Special Task 
Force shall likew ise perform  research and developm ent functions;
6. The Solicitor G eneral shall have the rank o f a Cabinet Secretary, but the qualifications 
for appointm ent, salaries, allow ances, privileges, retirem ent and other benefits, as well 
as the inhibitions and disqualifications shall be the sam e as that o f an A ssociate Justice 
o f the Suprem e Court. The A ssistant Solicitor G eneral shall have the same qualifications 
for appointm ent, salary grade and salaries, allowances, privileges, retirem ent and other 
benefits, as w ell as the inhibitions and disqualifications, as that o f an A ssociate Justice 
o f the Court o f A ppeals. The qualifications for appointm ent, rank, category, salaries, 
allow ances, retirem ent and other benefits o f Solicitors shall be the same as Judges;
7. The Solicitor G eneral shall be entitled to the sam e retirem ent benefits and privileges as 
an A ssociate Justice o f the Suprem e Court upon reaching the age o f sixty (60), provided 
that he/she has served in such capacity continuously for at least tw o (2) consecutive 
years. The A ssistant Solicitors General, Senior State Solicitors, State Solicitors II, and 
State Solicitors I shall be entitled to the sam e retirem ent benefits and privileges as their 
counterparts in the Judiciary upon reaching the age o f sixty (60) provided that they have 
served in such capacities continuously for at least five (5) consecutive years. They m ay 
likewise opt to serve up to the age o f seventy (70) years.
The B ill likew ise provides for the autom atic application to the Solicitor General, 
A ssistant Solicitors G eneral, and State Solicitors o f any increase in the salaries, 
allow ances or retirem ent benefits or any upgrading o f the grades or levels thereof o f any 
or all o f the Justices or Judges referred to in this Bill to w hom  said em olum ents are 
assim ilated;
8. Em ployees o f the O SG  shall likew ise enjoy the follow ing additional benefits;
a. H azard pay
b. O ther benefits as enjoyed by other governm ent offices or as m ay be determ ined 
by the Solicitor G eneral in the exigencies o f the service and in accordance w ith 
law
c. Paym ent by or reim bursem ent from the OSG o f lifetim e m em bership fees to the 
IBP o f their lawyers, provided that they shall m aintain their service in the OSG 
for at least five (5) years
d. Survivorship benefits to the surviving legitim ate spouse and dependent children, 
or in their absence, the surviving parents o f a Solicitor General, A ssistant 
Solicitor G eneral, Senior State Solicitor, State Solicitor or an A ssociate Solicitor 
o f the OSG if said official had retired or was in the service at the tim e o f death


e. G rant o f special allow ances in am ounts to be determ ined by the Solicitor General, 
provided that said special allow ance shall not exceed one hundred percent (100% ) 
o f the basic salary o f solicitors. Such special allow ances shall be exem pt from  
incom e tax
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9. Officials and em ployees o f the OGCC and the PCG G  shall be absorbed by the OSG 
provided that said officials and em ployees possess the necessary eligibility and 
qualifications for the positions as prescribed in this Bill. 
It also provides for the 
retirem ent and separation from  service benefits o f those officials and em ployees who 
are at least fifty (50) years o f age and have rendered at least fifteen (15) years o f 
governm ent service;
10. Creation o f the O ffice o f the Legal Services (O LS) w ithin the OSG; and.
11. Institutionalization o f Capacity D evelopm ent to develop the capability o f the OSG as 
organization.
an
By expanding the pow ers and functions o f the OSG, upgrading the benefits granted to its 
officials and em ployees, and integrating the functions o f other agencies that overlap w ith its 
functions, the OSG w ould be better able to achieve its vision to cham pion the rule o f law in the 
pursuit o f social justice as the People s Tribune and as counsel o f the Republic o f the Philippines.
It is for this purpose that the approval o f this bill is earnestly sought.
V Scinator


SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session
SENATE
Senate Bill No. 1G13
iU~ -
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of Ml T 
s t.-’ H'
*17 
NOV 16 
P3 2 9
Introduced by SENATOR PANFILO M. LAGSON
AN ACT
FURTHER STRENGTHENING TH E O FFICE OF TH E SO LIC ITO R  GENERAL BY 
INCREASING ITS POW ERS 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, A PPROPRIATING FUNDS THEIHLFOR AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House of Representatives of Philippines in Congress assembled: 
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SECTION 1. Short Title. -  This Act shall be known as the ltOSG Charter."
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SECTION 2. Declaration o f Policy. —  It is the declared policy of the State to strengthen
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the Office of the Solicitor General (OSG) in order to fulfill its role of upholding the best interest 
of the government as the Tribune of the People, as well as to perform its mandate as the principal 
law office of the Government of the Republic of the Philippines representing the Government, its 
departments, bureaus, agencies, and instrumentalities, and its officials and agents in their official
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capacity, in any litigation, proceeding, investigation, or matter requiring the services of lawyers.
a^so t^e policy of the State to ensure efficiency and economy in the operations of
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government, to eliminate the overlapping of functions, to consolidate the legal services in the
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government into one office to effectively address the expanding needs of government-owned and
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-controlled corporations (GOCCs) towards the improvement of fiscal management and good
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corporate governance, and to concentrate and enhance government efforts for the full and effective
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recovery of ill-gotten wealth and properties, including the efficient investigation and prosecution
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of cases relative thereto. Towards this end, the Office of the Government Corporate Counsel


(OGCC) and the Presidential Commission on Good Government (PCGG) are hereby abolished 
and their respective powers and functions are transferred to the OSG.
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With the transfer of the powers and functions of the OGCC and the PCGG to the OSG, and
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to ensure the efficient and effective legal representation of the Government, its departments,
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bureaus, agencies, and instrumentalities, GOCCs, and its officials and agents in their official
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capacity, the members of the legal and administrative staff of the OSG shall be increased and their
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positions upgraded to adequately meet the Republic’s burgeoning need for legal services. Tlie
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skills of OSG lawyers shall be further improved, and the benefits of all OSG employees
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augmented. The professional growth of these employees shall be encouraged. 
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SECTION 3. Definition of Terms. -  As used in this Act: 
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(a) 
“Capacity development” refers to the process whereby the OSG, as an organization, 
develops its capability over time to achieve development goals while enhancing its ability
to achieve measurable and sustainable results, through improvement of knowledge, skills, 
and systems. 
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(b) 
“GOCC” refers to government-owned and -controlled corporations, their 
subsidiaries, other corporate offspring, including government-acquired asset corporations, 
government corporate entities and government instrumentalities with corporate powers,
government financial institutions, and other government corporate entities, agencies and 
offices.
(c) 
Ill-gotten wealth" refers to any asset, property, business enterprise or material
possession of the persons referred to in Executive Orders Nos. 1 and 2, s. 1986, acquired 
by them directly, or indirectly through dummies, nominees, agents, subordinates, and/or 
business associates by any of the following means or similar schemes: 
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(1) 
Through misappropriation, conversion, misuse, or malversation of public
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funds or raids on the public treasury; ‘ 
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(2)
(3)
to
or
(4)
(5)
Tlirough the receipt, directly or indirectly, of any commission, gift, share, 
percentage, kickbacks, or any other form of pecuniary benefit from any person 
and/or entity in connection with any government contract or project or by 
reason of the office or position of the official concerned;
By the illegal or fraudulent conveyance or disposition of assets belonging 
the government or any of its subdivisions, agencies or instrumentalities, 
government-owned or controlled corporations;
By obtaining, receiving, or accepting directly or indirectly any shares of stock,
equity, or any other fonn of interest or participation in any business enterprise 
or undertaking;
Through the establishment of agricultural, industrial, or commercial 
monopolies or other combination and/or by the issuance, promulgation, and/or 
implementation of decrees and orders intended to benefit particular persons or 
special interests; and
(6)
By taking undue advantage of official position, authority, relationship, 
influence for personal gain or benefit.
or
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SECTION 4. Organizational Structure. ~ The Office of the Solicitor General shall be an
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indepeiideni and autonomous office attached to the Office of the President for budgetary purposes.
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The OSO shall be headed by the Solicitor General, who is the principal law officer and
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legal defender of the Government. He shall have the authority and responsibility for the exercise
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of the OSG's mandate and for the discharge of its duties and functions, and shall have supervision
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and control over the OSG and its constituent units.
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The Solicitor General shall be assisted by a Legal Staff composed of Assistant Solicitors
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General and such number of Solicitors ;
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ofthcO SG .
as may be necessary for the proper and efficient operation
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There shall be at least fifty (50) legal divisions in the OSG. Each division, headed by 
Assistant Solicitor General, shall consist of at least ten (10) lawyers and such other personnel 
may be necessary for the OSG to effectively carry out its functions.
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The administrative structure of the OSG shall be organized into the Financial Management 
Service, Docket Management Service, Human Resources Management and Administrative 
Service, and Budget and Planning Service, which shall be composed of the necessary divisions 
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and sections. Each Sei-vice shall be headed by a Director, who shall be appointed by the President.
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There shall be an Office of Legal Services (OLS) within the OSG to be headed by a Chief
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Legal Officer whose position is primarily confidential, who shall be a lawyer, appointed by the
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Solicitor General and serve at the latter’s pleasure. The qualifications, salary grade, and benefits
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of the Chief Legal Officer and the OLS staff shall be determined by the Solicitor General. The
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Chief Legal Officer shall be assisted by such other personnel as may be necessary to effectively
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carry out the functions of the OLS.
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A special task force within the OSG shall be created to be composed of least five (5) legal
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divisions, which shall be primarily responsible for performing the powers and functions under
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Section 5 (m) of this Act. Pending judicial determination of the ownership of ill-gotten assets, the
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task force shall be responsible for preserving and maintaining such assets. For this purpose, the
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members of the task force may be assigned or designated to sit in the Board of Directors of
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concerned entities by the Solicitor General. The task force shall also perform research and
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development functions.
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The administrative support of the task force shall be provided by special units within the 
Docket Management Section of the OSG, which shall have the function of maintaining and 
monitoring the records of oases as well as the safe-keeping of evidence and documents; and within 
the Property Management Section of the OSG in the preservation and maintenance of sequestered


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assets and of other assets that subject of pending litigation in the ill-gotten wealth complaints filed
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by the PCGG with tlie Sandiganbayan and related cases. 
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the Supreme Court
SECTION 5. Powers and Functions. -  The OSG shall represent the Government of the
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Philippines, its agencies and instrumentalities, including GOCCs, and its cjfficials and agents 
acting in their official capacity, in any litigation, proceeding, investigation, or matter requiring the 
services ol‘ a lawyer. As the principal law office of the Government, the OSG shall have the 
following specific powers and functions:
(a) 
Represent the Government and the People of the Philippines in
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and the Court of Appeals in all criminal proceedings; represent the Government and its
officers in the Supreme Court, the Court of Appeals, and all other courts or tribunals in all
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civil actions and special proceedings in which the Government has bUn impleaded as a
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party, or any official of the Government sued in the lawful performance of duty;
(b) 
Investigate, initiate court action, or in any manner proceed against any person,
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corporation, or firm for the enforcement of any contract, bond, guarantee, mortgage,
pledge, or other collateral executed in favor of the Government; 
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(c) 
Appear in any court in any action involving the validity of any treaty, law, executive
order or proclamation, or rule or regulation when in his judgment his intervention is
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necessary or when requested by the Court;
(d) 
Appear in all proceedings involving the acquisition or loss of Philippine citizenship;
(e) 
Represent the Government in all land registration and related proceedings, and
public domain and
institute actions for the reversion to the Government of lands of the
improvements thereon as well as lands held in violation of the Constitution;
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(f) 
Conciliate, mediate, settle, or adjudicate all disputes, claims[ and controversies
solely between or among the departments, bureaus, offices, agencies, and instrumentalities 
of the National Government, including GOCCs; 
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(g) 
Render opinion and advice on matters referred by the departments, bureaus, offices.
agencies, and instrumentalities of the National Government, including GOCCs;


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(h) 
Prepare, upon request of the President or other proper officer of the National 
Government, rules and guidelines for government entities governing the preparation of 
contracts, making of investments, undertaking of transactions, and drafting of forms or 
other documents needed for official use, for the purpose of facilitating their enforcement 
and ensuring that they are entered into or prepared conformably to law and for the best 
interests of the public;
(i) 
Deputize, whenever in the opinion of the Solicitor General the public interest 
requires, any provincial or city prosecutor to assist in the performance of any function or 
discharge of any duty incumbent upon the Solicitor general, within the jurisdiction of the
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aforesaid provincial or city prosecutor. When so deputized, the prosecutor shall be under 
the control and supervision of the Solicitor General with regard to the conduct of the 
proceedings assigned to the prosecutor, and may be required to render reports or furnish 
infomiation regarding the assignment;
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The provision of any law to the contrary notwithstanding, act as the legal counsel 
and serve as the principal law office of all GOCCs. All GOCCs shall refer to the OSG all 
contracts for review before their execution and all cases for representation before regular 
courts, quasi-Judicial bodies, administrative agencies, and arbitral tribunals: Provided, That 
the Solicitor General may authorize the legal department of the concerned GOCC to appear 
as collaborating counsel for purposes of expediency or when the case demands urgency.
As legal counsel of all GOCCs, the OSG shall also perform the following duties 
and functions:
(1) 
Exercise control and supervision over the legal departments of all GOCCs 
through designated Assistant Solicitors General and Solicitors;
(2) 
Exercise visitorial powers over GOCCs;
(3) 
Replace the OGCC as ex-ofjicio member in the Property Insurance Fund 
and enforce the Property Insurance Law pursuant to Republic Act No. 656, as amended by 
Piesidential Decree 245, in domestic or international transactions;
(4) 
Conduct periodic performance audits of the in-house lawyers or legal 
departments of the GOCCs and to recommend appropriate actions to GOCCs;
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(5) 
Devise a system of record-keeping, such as a centralized database for legal 
opinions, to ensure that the integrity of vital documents remain intact; and
(6) 
Require the in-house lawyers or legal departments of GOCCs to submit 
periodic reports of work performed and accomplished and to supervise and control the 
necessary legal action; and,
(7) 
Perfomi other functions as may be provided by law, and such additional 
tasks as may be required by the GOCCs, including corporate secretary functions, with the 
conformity of the Solicitor General.
(k) 
Deputize legal officers of government departments, bureaus, agencies, offices, and 
GOCCs to assist the Solicitor General and appear or represent the Government in cases 
involving their respective offices, brought before the courts, and e.xercise supervision and 
control over said legal officers with respect to such cases;
(l) 
Call on any department, bureau, office, agency, or instrumentality of the 
Government, including any GOCC, for such service, assistance, and cooperation as may 
be necessary in fulfilling its functions and responsibilities and for this purpose enlist the 
services of any government official or employee in the pursuit of its tasks;
Departments, bureaus, agencies, offices, instrumentalities, and GOCCs to whom 
the OSG renders legal services are authorized to disburse funds from their sundry operating 
and other funds for the OSG. For this purpose, the Solicitor General, Assistant Solicitors 
Geneial, Senior State Solicitors, State Solicitors, and Associate Solicitors are specifically 
authorized to receive allowances as may be provided by the Government offices, 
instrumentalities, and GOCCs concerned, in addition to their regular compensation.
(m) 
Exercise and perform the following powers and functions of the PCGG which are 
hereby transferred to the OSG:
(1) 
File and prosecute all cases investigated by the PCGG under Executive 
Order No. 1, dated February 28, 1986, Executive Order No. 2, dated March 
12, 1986, and Executive Order No. 432, dated May 26, 2005, as may be 
warranted by its findings;


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(2) 
Continue handling cases relative to the recovery of ill-gotten wealth and 
behest loans;
(3) 
Grant immunity from criminal prosecution to any person who provides 
information or testifies in any investigation previously conducted by the 
PCGG or future cases investigated by the OSG involving ill-gotten wealth, 
to establish the unlawful manner in which any respondent, defendant or 
accused has acquired or accumulated the property or properties in question 
in any case where such information or testimony is necessary to ascertain 
or prove the latter's guilt or civil liability. The immunity thereby granted 
shall be continued to protect the witness who repeats such testimony before 
the Sandiganbayan when required to do so; and,
(4) 
Call upon any department, bureau, otlice, agency, instrumentality or 
corporation of the government, or any officer or employee thereof, for such 
assistance as it may need in the discharge of its functions relative to 
recovery of ill-gotten wealth and behest loans.
(n) 
Represent, 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;
(0) 
Subject to the approval of the President, engage the services of counsel to assist in 
the discharge of his duties and responsibilities in cases requiring highly specialized legal 
skills, knowledge or expertise, including but not limited to foreign arbitrations and 
litisations. The engagement of such counsel shall be exempt from Republic Act No. 9184, 
otherwise known as the “Government Procurement Reform Act”, due to the fiduciary 
nature of the relationship between the OSG and such counsel;
(p) 
Represent the Republic or the people before any court, tribunal, body, or 
commission in any matter, action, or proceeding that, in his opinion, affects the welfare of 
the people as the ends of justice may require;
(q) 
(1) Acquire, own, hold, or lease real and personal property; (2) sell or otherwise 
dispose of the same; (3) enter into contracts including loan agreements and joint venture
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agreements; and (3) do and perform any and all acts that may be necessary or proper to 
carry out the purposes of this Act;
(r) Provide a Legal Internship Program to help law students prepare and train for and 
experience legal practice in public service; and,
(s) Perform such other functions as may be provided by law.
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SECTION 6. Abolilion o f the Offtce o f the Government Corporate Counsel anti the
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Presitlenlini Commission on Good Government. -  The legal representation of the Government,
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its agencies, and instrumentalities, including GOCCs and officials and agents acting in their
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official capacity, and the powers and functions of the PCGG, shall be consolidated in the OSG.
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For this purpose, the OOCC and the PCGG are hereby abolished, and all the powers ttnd functions
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ol said OlHces that are not inconsistent with the provisions ot this Act are hereby translerred to
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the OSG.
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After due settlement of its liabilities, if any, all budgemry appropriations, funds, properties, 
records, equtpment, riglits, choses in action, and other assets of the OGCC and the PCGG 
hereby transferred to the OSG.
are
SECTION 7. Appointments. -  The Solicitor General shall be appointed by the President.
The Assistant Solicitors General, Senior State Solicitors, and State Solicitors shall be 
appointed by the President upon the recommendation of the Solicitor General. Associate Solicitors 
shall be appointed by the Solicitor General. The recommendations and appointments by the 
Solicitor General shall be subject to the qualifications provided in Section 8 of this Act.
ces
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The Financial Management Service, Docket Mantrgement Service, Human Rcsour
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Management and Administrative Service, and Budget and Planning Service shall each be headed
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by a Director to be appointed by the Solicitor General. The Seivice Heads shall possess the
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necessary Career Executive Service eligibility and qualifications for the position prescribed under


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existing civil se^^ice laws, rules, and regulations: 
Thai if a Service Head who does not
possess the necessary eligibility and qualifications is occupying the position at the time of the
effectivity of ^his Act, such person shall continue to perform the functions of the position as otTicer-
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m-charge and s|iall have a maximum of two (2) years to comply with the eligibility and 
qualiilcationslprescribed herein: Provided, further. That if the Service Head fails or is unable to 
meet the eligibility and qualifications for the position after the lapse of two (2) years from the 
cftcctivity of this Act, such person shall be ipso jure removed from said position.
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Administrative personnel in the OSG shall be appointed by the Solicitor General
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SLCI ION 8. Standards, Qualifications, Salaries and Ileneftts. -  The Solicitor General 
shall have the rank of a Cabinet Secretary and the same qualifications for appointment, rank, 
category, prerogatives, salary grade and salaries, allowances, emoluments, privileges, retirement
and other benefits, and shall be subject to the same inhibitions and disqualincations, of an 
Associate Justice of the Supreme Court;
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An Assislant Solicitor General shall have the same qualilicaiions for appointment, rank, 
category, prerogatives, salary grade and salaries, allowances, emoluments, privileges, retirement 
and other benefits, and shall be subject to the same inhibitions and disqualifications, of an 
Associate Justice of the Court of Appeals.
The qualifications for appointment, rank, category, prerogatives, salaries, allowances,
emolumems, privileges, retirement and all other benefits o f Solicitors shall be the same as judges, 
specified as follows:
(a)
[Senior State Solicitor shall have the same rank, category, prerogatives, salaries, 
aljlovvances, emoluments, privileges, retirement and all other benefits of a Regional
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Trial Court Judge, and shall have the following qualifications:
(1) A citizen of the Philippines;
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(b)
(2) At least thirty-five (35) years of age;
(3) For at least ten (10) years, has been engaged in the practice of law in the 
Philippines or has held a public office in the Philippines requiring admission 
to the practice ot law as an indispensable requisite; and,
(4) Proven competence, integrity, probity, and independence.
A State Solicitor II shall have the same rank, category, prerogatives, salaries, 
allowances, emoluments, privileges, retirement and all other benefits of a 
Metropolitan Trial Court .Fudge, while a State Solicitor I, that of a Municipal Trial 
Court in Cities Judge, and shall have the following qualifications:
(1) A citizen of the Philippines;
(2) At least thirty-five (30) years of age;
(3) For at least five (5) years, has been engaged in the practice of law in the 
Philippines or has held a public office in the Philippines requiring admission 
to the practice of law as an indispensable requisite; and,
(4) Proven competence, integrity, probity, and independence.
(c) 
An Associate Solicitor III shall have the following qualifications:
(1) A citizen of the Philippines;
(2) A member of the Philippine bar;
(3) With Three (3) years of relevant experience; and,
(4) (4) With Sixteen (16) hours of relevant training.
(d) 
An Associate Solicitor II shall have the following qualifications:
(1) A citizen of the Philippines;
(2) A member of the Philippine bar;
(3) With One (1) years of relevant experience; and,
(4) With Four (4) hours of relevant training.
(e) 
An Associate Solicitor I shall have the following qualifications:
(1) A citizen of the Philippines;
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(2) A member of the Philippine bar; and,
(3) Such other qualifications, prerogatives and responsibilities as may be 
required or determined by the Solicitor General.
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The Solicitor General shall be entitled to the same retirement benefits and privileges 
Associate Justice of the Supreme Court upon reaching the,age ofsi.xty (60) years; Provided, That, 
he/she shall have served in such capacity continuously for at least two (2) consecutive years.
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Assistant Solicitors General, Senior State Solicitors, State Solicitors II, and State Solicitors
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I shall be entitled to the same retirement benefits and privileges as their counterparts in the
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Judiciary upon reaching the age of sixty (60) years, provided that they have served in such
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capacities continuously for at least five (5) consecutive years. An Assistant Solicitor General,
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Senior State Solicitor, State Solicitor II, and State Solicitor I may opt to serve up to the age of
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seventy (70) years.
Any increase after the approval of this Act in the salaries, allowances or retirement benefits 
or any upgrading of the grades or levels thereof of any or all of the Justices or Judges referred to 
herein to whom said emoluments are assimilated shall similarly apply to the Solicitor General, 
Assistant Solicitors General, and State Solicitors.
SECTION 9. Office o f Legal Services. -  The Office of Legal Services (OLS) shall 
perform the following duties and functions:
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
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in their official capacity in any litigation, proceeding, investigation, or matter 
requiring the sei-vices of a lawyer; and,
d. Such other duties and functions that may be assigned by the Solicitor General,
SECTION 10. 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, tlie 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.
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SECTION 11. Compensation. — The salary grades of the Solicitor General, Assistant
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Solicitors General, Senior State Solicitors, State Solicitors, and Associate Solicitors shall be as
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follows:
POSITION
SALARY GRADE
Solicitor General
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Assistant Solicitor General
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Senior State Solicitor
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State Solicitor II
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State Solicitor I
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Associate Solicitor III
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Associate Solicitor II
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Associate Solicitor I
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The Solicitor General, Assistant Solicitor General, and Solicitors shall be entitled to step 
increments and longevity pay wliich shall be equivalent to those being received by their 
counterparts in the Judiciary.
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The positions and salaries of non-legal personnel in the OSG shall be on the same level r 
their counterparts in the Court of Appeals.
SKCTION 12. Benefits and P riv ileg es.-T h t OSG shall provide its employees with the 
following benefits:
(1) 
Health care services tlirough a health maintenance organization (MMO). Expenses
for the mandatory annual executive check-up of the Solicitor General, the Assistant 
Solicitors General
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and OSG officials whose positions correspond to Salary Grade 28 and above shall 
be for the account of the OSG;
(j) 
Hazard pay, as well as accident insurance policies procured by the OSG at its own
expense to protect its officials while they are in the performance of their official duties 
and functions;
(4) 
Without prejudice to efficiency in the seiwice, scholarships to deserving employees 
on official time and at the expense of the OSG to enhance their academic growth and 
upgrade their knowledge and skills. Scholarships under this provision shall be granted on 
the basis of competitive examination. Scholars shall be required to render service in the 
OSG upon immediate completion of the program, course or degree, in accordance with 
applicable Civil Service laws, rules and regulations.
(5) 
A provident fund which shall consist of contributions made both by the OSG and 
by its lawyers and employees to a common fund for the payment of benefits to such 
lawyers or employees or their heirs;
(6) 
Other benefits as enjoyed by other government offices or as may be determined by 
the Solicitor General in the exigencies of the service and in accordance with law.
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SECTION 13. Seminar and Other Professional Fees. — Subject to the availability of 
funds, fees for relevant seminars, as well as professional membership fees, registration fees, and 
related miscellaneous expenses incurred in completing the mandatory continuing legal education 
(MCLE) course shall be borne by the OSG for its lawyers: Provided That lawyers whose lifetime 
membership fees to the Integrated Bar of the Philippines (IBP) have been paid up or reimbursed 
by the OSG shall maintain their service in the OSG for at least live (5) years: Provided, fnrdier. 
That should such lawyers resign or in any manner separate from the Ofllce belbre the end of the 
bond, they shall be required to reimburse the paid up IBP membership dues or lees pro rata, (n)
Professional membership, registration fees, including those for mandatory continuing 
professional education (CPE), and related miscellaneous expenses of other employees holding 
positions lor which a professional license is required by the office shall also be borne by the OSG.
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SECTION 14. Survivorship Benefits; Covera^je. -Upon the death o fa Solicitor General,
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Assistant Solicitor General, Senior State Solicitor, State Solicitor, or an Associate Solicitor of the
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OSG, It said official had retired or was in the service at the time of death, the surviving legitimate
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spouse and dependent children, or in their absence, the surviving parents of said official shall be
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entitled to receive on a monthly basis all the retirement benefits that the deceased official was
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receiving or entitled to receive at the time of death under the provisions of applicable retirement
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laws. A “dependent” means a legitimate, illegitimate, or legally adopted child who is chielly
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dependent with the abovementioned officials, and who is not more than twenty-one (21) years of
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age, unmarried and not gainfully employed or, regardless of age, is incapable of self-support
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because ol mental or physical defect. The surviving legitimate spouse shall continue to receive
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such retirement benefits during such spouse’s lifetime or until such spouse remarries: Provided.
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That, if the surviving legitimate spouse is receiving benefits under existing retirement laws, the 
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surviving legitimate spouse shall only be entitled to the difference between the amount provided 
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for in this Act and the benefits the surviving spouse has been receiving: Provided. Further, That
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said benefits shall be granted to all aforementioned members of the OSG who died or retired prior
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to the effectivity of this Act: Provided, furthermore. That the surviving legitimate spouse
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receiving the benefit shall not appear as counsel before any court in any civil case wherein the
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Government or any subdivision or instrumentality thereof, including GOCCs, is tlie adverse party,
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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.
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SL C IIO N  15. Grant o f Special Allowances. — Any provision of law to the contrary 
notwithstanding, the Solicitor General, Assistant Solicitors General, Senior State Solicitors, State 
Solicitors and Associate Solicitors shall be granted special allowances in amounts to be 
determined by the Solicitor General.
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The grant of special allowances shall be implemented uniformly in such sums and amounts
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and up to the extent only that can be supported by the funding source specified in Section 18 (a)
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to (d) hereof: Provided. That each grant of the said special allowance shall not exceed One
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hundred percent (100%) of the basic salary of solicitors, as provided in Republic Act No. 6758,
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otherwise known as the Salary Standardization Law: Provided, further. That said special
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allowances shall be exempt from income tax.
SECTION 16. Ollier Benefits. —  The lawyers of the OSO are nllowed to receive 
honoraria and allowances directly from each client department, agency. GOCC, or instrumentality 
of the Government for the legal services rendered, including appearing in hearings, providing 
legal advice, drafting of contracts and legal documents, and performing other designated 
functions. Such honoraria and allowances shall be exempt from income tax.
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SECTION 17. Frn,M ug Privilege. -
 h\\ official mail matters and telegrams oflhe OSG
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addressed for delivery within the Philippines shall be received, transrailled, and delivered free of
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charge: Provided, that such mail matters when addressed to private persons or non-government 
oflices shall not exceed one hundred twenty (120) grams.
SFXTION 18. Funding. —  The funds required for the implementcation of this Act, 
including those for health care services, survivorship benefits, insurance premiums, professional, 
educational, and registration fees, transportation benefits, and other bendlis and privilegc.s 
mentioned in the other provisions of this Act, shall be provided for in the General Appropriations
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Act and augmented by funds sourced from the following:
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(a) 
Twenty percent (20%) of monetary awards or value of assets adjudged by the 
Courts or tribunals to client departments, agencies and instrumentalities of the 
Government, and GOCCs, including those under court approved compromise agreements;
(b) 
Twenty percent (20%) of assets adjudged to the Government in forfeiture 
proceedings;
(c) 
Fifty percent (50%) of fees collected by the Special Committee on 
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Naturalization; and
other income, fees and revenues earned and collected by the OSG.
For this purpose, the OSG is hereby authorized to charge deputation, certification, and other 
similar fees in the cases that it handles.
The amounts collected pursuant to paragraphs (a) to (d) in this section shall constitute a 
trust fund as defined in the next section.
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SECTION 19. Trns/ Fund. -  There is hereby created an OSG Trust Fund (OTF) sourced
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Irom the amounts collected pursuant to Section 18(a) to (d) of this Act. The OTF shall be
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administered by the Solicitor General in accordance with existing government auditing rules and
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regulations, and shall be used exclusively for the provision of the benefits and privileges provided
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in this Act and for the effective implementation of the powers and functions of the OSG. All
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interest income, dividends and earnings accrued from the OTF shall also form part of the Trust
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Fund. No portion of tlie OTF shall revert to the general fund of the National Government, except
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when the Trust Fund is no longer necessary for the purposes for which it was established.
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S F C n O N  20. Transfer of Cases. -  All cases being handled by the OGCC shall be
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transfeiTcd to the OSG: Provided, hoM-ever. that the handling OGCC law)'er shall submit a status
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report of all cases he or she is handling to the Solicitor General: Provided, further, that a
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certification under oath that the records of the case transmitted to the OSG are complete shall be
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made by the handling OGCC lawyer as a pre-condition for receiving the separation or retirement 
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benefits under this Act.
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SI-CTION 21. Case Migration. -  Upon the effectivity of this Act, a transition “Ca.se
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Migration Committee” (CMC) shall be created, composed of three (3) members Irom each of the
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rc.spective records and docket divisions of the OSG, the OGCC, and the PCGG, at least two (2)
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members from the legal divisions of all GOCCs, and at least two (2) lawyers each from the OSG,
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the OGCC, and the PCGG.
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The CMC shall ensure 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, taking care that no case or legal concern shall be prejudiced in the process of turnover.
The CMC shall have the responsibility of determining which ca.ses and legal concern.s 
need immediate attention or are extremely urgent. These cases and legal concerns shall be 
immediately transferred or referred to the OSG.
The CMC shall complete its work within thirty (30) days from its constitution. The CMC 
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shall submit a comprehensive report to the Solicitor General.
SECTION 22. Absorption o f Personnel.-The officials and employees of the OGCC and 
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the 1*CGG affected by the abolition of their respective offices shall be absorbed in the OSG:
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n - m M . That said officials or employees possess the necessary eligibility and qiialillcations for ' 
the position as prescribed in this Act: Provided, f„ r,l,er. That such absorbed personnel shall not 
be entitled to the retirement or separation benefits provided in the next section. The abso 
such officials and employees in the OSO shall retroact to the date of the effectivity ofthi 
to such date that would prevent a gap in die service of such absorbed personnel.
•ption of 
i Act, or
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SECTION 23. Retirement or Separation from  Service. -  Consequent to the abcjl
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the OGCC and the PCGG. OGCC and PCGG officials and employees who are at least f
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years of age and have served at least fifteen (15) years in the government service, the las^
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yeais of which shall have been continuously rendered in the OGCC or the PCGG,
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qualified for retirement with full retirement gratuity and pension pursuant to applicab)
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Tliose who lack any one of the above qualifications shall receive a separation pay equix
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one and a half (1 & 1/2) months for every year of service in government, which will be
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alent to
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SKCTION 24. Implementing Rules and Regulations. -
 Within sixty (60) days
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approval of this Act, the Solicitor General, in coordination with the Secretary of
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Management, shall promulgate such rules and regulations as may be necessary to elTectivdl
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out the provisions of this Act. Until such time that the rules and regulations arc promulgrj
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Section 21 of this law is implemented, the officials and administrative personnel of the
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and PCGG shall remain in their positions in a holdover capacity.
SECTION 25. Retroactivity. -  The retirement benefits provided for in Section 
survivorship benefits provided for under Section 14 of this Act shall have retroactive elTel 
the date of effectivity of Republic Act No. 9417.
rom the 
^et and 
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ted and 
OGCC
and the 
t as of
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SECTION 26. Approprialiom. -
 Tlie amount necessary for the inilial implemen
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this Act shall be taken from the cunent appropriations o f the OSG and its savings. Tliereaf
ation of 
er, such
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sums as may be necessary for the continued implementation of this Act shall be included in the 
annual General Appropriations Act.
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SECTION 27. Repealing Clause. —  This Act e.xpressly repeals Republic Act No. 2327 
entitled An Act To Declare The Position Of Government Corporate Counsel Distinct Ami 
Separate From That Of The Solicitor General. Provide For His Appointment And Salary And 
Appropriate The Necessary Funds Therefor. And For Other Purposes ", Executive Order No. 1, 
s. 1986 entitled (lCreating the Presidential Commission on Good GovernmenC, Executive Order 
No. 2, s. 1986 entitled "Regarding the Funds. Moneys. Assets and Properties Illegally Acquired 
or Misappropriated by Former President Ferdinand Marcos Mrs. Imelda Romualdez Marcos. 
Their Clo.se Relatives. Subordinates Business Associates. Dummie.s. Agent.s. Or Nominees", and 
Republic Act No. 9417, entitled "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 Purpo.se.s".
Pertinent provisions of Executive Order No. 292, otherwise known as the Revised 
Administrative Code of 1987, as amended, and all laws, decrees, orders, rules and regulations or 
parts thereof which are contrary to or inconsistent with the provisions of this Act are hereby 
amended, lepealed or modified accordingly.
SEC 1 ION 28. Separability Clause. —  If any provision of this Act is declared invalid or 
unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.
SECTION 29. Effectivity. — This Act shall take effect after fifteen (15) days from its
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publication in the Official Gazette or in at least two (2) newspapers of general circulation.
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Approved,
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