Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
Third Regular Session 
House Bill No. 10762 
Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR. 
AN ACT 
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, 
REDEFINING, EXPANDING, RATIONALIZING,  
AND FURTHER PROFESSIONALIZING ITS ORGANIZATION, AND 
APPROPRIATING FUNDS THEREFOR 
EXPLANATORY NOTE 
The Department of Justice (DOJ) is the principal law agency which shall be both the 
government’s “legal counsel and prosecution arm” (Section 1, Chapter 1, Title III, 
Executive Order No. 292 (Administrative Code of 1987). These core functions are fulfilled 
by the two main offices in the DOJ proper: the Legal Staff, as legal counsel, and the 
National Prosecution Service, as the prosecution arm. 
The Legal Staff (Office of the Chief State Counsel or OCSC) assists the Secretary of 
Justice in performing his role as Attorney General. Through the Legal Staff, the President, 
as well as the Executive branch, in general, fulfills his mandate to “ensure that the laws be 
faithfully executed.” Such gargantuan task currently rests upon the Chief State Counsel 
and a very small number of only forty-two (42) state counsels and twenty-six (26) support 
staff. 
From the time it was created under Republic Act (R.A.) No. 2705, as amended by R.A. 
No. 4152, and the Administrative Code of 1987, the Legal Staff and its functions have 
evolved and expanded way beyond that contemplated at the time of its creation. Aside 
from rendering legal opinions, the Legal Staff acts as the Central Authority in matters 
August 14, 2024
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involving international legal cooperation, i.e., Mutual Legal Assistance Treaty in Criminal 
Matters (MLA), Extradition, and Transfer of Sentenced Persons (TSP). As Central 
Authority for these matters, the Legal Staff drafts, negotiates, and implements these 
treaties.   
The Legal Staff, when so requested by the lead agency, also serves as legal adviser, in the 
negotiation and implementation of other treaties, agreements, and conventions. 
On top of this, the Legal Staff likewise attends and represents the DOJ in congressional 
hearings and technical working group meetings as well as extensively prepares comments 
and inputs in the drafting of proposed legislations for both houses of Congress. 
The work of the Legal Staff does not end there, as it similarly resolves questions of 
constitutionality or legality of municipal tax ordinances and legal controversies between 
or among government agencies. Further, the Legal Staff acts on applications for special 
authority to employ foreign nationals under Commonwealth Act No. 108 or the Anti-
Dummy Law, resolve applications for determination of refugee and statelessness status of 
foreign nationals, and review citizenship and deportation cases initially decided by the 
Bureau of Immigration. 
Truly, the work of the Legal Staff can be said to be low key, but high impact. 
Recently, compensation and retirement benefits from the Office of the Ombudsman, the 
National Prosecution Service, and the Judiciary have been upgraded, leaving the Legal 
Staff, the government’s legal counsel, behind. This has, unfortunately, resulted to several 
lawyers and personnel of the Legal Staff moving to said offices, hampering the 
effectiveness of the latter in performing its tasks.  
Considering the foregoing, there is a need to improve on the current compensation and 
benefits that the Legal Staff is receiving. Doing so will prevent the exodus of its lawyers 
and personnel, and at the same time, ensure that the Legal Staff will attract competent and 
capable human resource, who will dedicate their life to public service.  
It is high time for the Legal Staff of the Department of Justice to be compensated and 
treated the same as that of the other lawyers in public service.  
In the view of the foregoing, the immediate passing of this bill is earnestly sought. 
TEODORICO T. HARESCO, JR


NINETEENTH CONGRESS OF THE  
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
House Bill No. 10762
Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR. 
AN ACT 
STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, 
RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, 
REDEFINING, EXPANDING, RATIONALIZING,  
AND FURTHER PROFESSIONALIZING ITS ORGANIZATION, AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress  assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Office of the Chief State Counsel 
1 
Act.” 
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SECTION 2. Office of the Chief State Counsel. – The Legal Staff created under Republic Act 
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(R.A.) No. 2705, as amended by R.A. No. 4152, shall be renamed as the “Office of the Chief 
4 
State Counsel.” 
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SECTION 3. State Counsel. – Unless otherwise specified, the term "State Counsel" shall refer 
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to the Chief State Counsel, Deputy Chief State Counsel, Senior State Counsel, and State 
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Counsels I to IV. 
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SECTION 4. Powers and Functions. – The Office of the Chief State Counsel shall assist the 
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Secretary of Justice in the exercise of his functions as Attorney General of the Philippines and 
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ex officio legal adviser of government-owned or controlled corporations, or enterprises and 
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their subsidiaries.  The Office of the Chief State Counsel shall be under the supervision and 
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control of the Secretary of Justice. The Office of the Chief State Counsel shall have the 
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following powers and functions: 
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(a) Recommend to the Secretary of Justice, legal opinion or advice on questions of law arising
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from the performance of powers and duties, and upon request of heads, of national government 
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functionaries and act on other queries; 
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(b) Study and recommend to the Secretary of Justice the following:
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i. 
comments and position papers on proposed legislations, whenever there are 
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legal issues involved; 
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ii. 
opinion or comments on the legality and validity of foreign loan and guarantee 
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agreements, and, in certain cases, agreements related to domestic borrowings; 
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(c) Lead negotiations of treaties, conventions, or agreements involving international legal 
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cooperation, including extradition, mutual legal assistance in criminal matters, and transfer of 
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sentenced persons; 
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(d) Serve as legal adviser to other government agencies in the negotiations and implementation 
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of international agreements, and whenever so requested, lead in the negotiations involving legal 
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and institutional issues; 
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(e) Represent the Secretary of Justice or Department of Justice (DOJ) as the designated Central 
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Authority in treaties, conventions, and other international agreements; 
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(f) Act on requests for mutual legal assistance in criminal matters, extradition, transfer of 
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sentenced persons, and other forms of international legal cooperation; 
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(g) Represent and serve as counsel of the requesting state in all stages of cases relating to 
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extradition and mutual legal assistance in criminal matters; 
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(h) Serve on standing councils, committees, working groups, and task forces, as required; 
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(i) Review Orders of the Bureau of Immigration, including recognition of Filipino citizens or 
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cancellation of alien certificate of registration, and deportation cases; 
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(j) Adjudication of disputes, claims and controversies between or among government offices, 
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agencies and instrumentalities, including government-owned and controlled corporations, 
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when only questions of law are raised; 
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(k) Review the legality and validity of tax ordinances and revenue measures; 
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(l) Act on applications for the following: 
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i. 
special non-immigrant visas under Sec. 47(a)(2) of Commonwealth Act (C.A.) 
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No. 613, otherwise known as the Philippine Immigration Act of 1940, as 
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amended; 
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ii. 
special authority to employ foreign nationals under C.A. No. 108, otherwise 
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known as the Anti-Dummy Law, as amended; 
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iii. 
recognition of refugee and statelessness status; 
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iv. 
validation of land titles filed pursuant to Presidential Decree (P.D.) No. 1271 
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entitled “An Act Nullifying the Decrees of Registration and Certificates of Title 
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Covering Lands Within the Baguio Townsite Reservation”; 
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(m) Supervise the Department Law Library, as well as its personnel; and 
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(n) Exercise such other powers and functions as may be provided by law or as may be delegated 
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by the Secretary of Justice. 
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SECTION 5. Expansion. The staff of the Office of the Chief State Counsel shall be increased 
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and their positions upgraded, with a corresponding increase in the general and administrative 
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support personnel and provision for ample office space. There shall be seven (7) divisions in 
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the Office of the Chief State Counsel.  Each division shall be headed by a Deputy Chief State 
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Counsel and shall consist of at least ten (10) State Counsels, and such personnel as may be 
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necessary for the office to effectively carry out its functions. Upon the recommendation of the 
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Chief State Counsel, provided the exigencies of service requires it, the Secretary of Justice may 
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create additional divisions. 
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The designation, ranks, and salary grades of State Counsels are amended as follows: 
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OLD POSITION 
NEW POSITION 
 
POSITION/ 
DESIGNATION 
 
SALARY 
GRADE 
 
POSITION/ 
DESIGNATION 
SALARY GRADE 
Chief State Counsel 
 
SG 30 
Chief 
State 
Counsel 
SG 30 
Step 4 
Assistant Chief State Counsel  
 
SG 29 
Deputy Chief  
State Counsel 
SG 30 
State Counsel V 
 
SG 28 
Senior  
State Counsel 
SG 29 
State Counsel IV 
 
SG 27 
State Counsel IV 
SG 28 
State Counsel III 
 
SG 26 
State Counsel III 
SG 27 
State Counsel II 
 
SG 25 
State Counsel II 
SG 26 
State Counsel I 
 
SG 24 
State Counsel I 
SG 25 
 
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The Chief State Counsel and the Deputy Chief State Counsels shall be appointed by the 
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President of the Philippines. All other State Counsels and administrative personnel shall be 
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appointed by the Secretary of Justice upon recommendation by the Promotion and Selection 
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Board. 
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The Chief State Counsel and the Deputy Chief State Counsels shall act as a Promotion and 
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Selection Board to screen applicants for appointment and promotion to any State Counsel 
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position and administrative personnel in the Office of the Chief State Counsel. The Chief State 
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Counsel shall be the chairperson of the Board. 
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Appointments of the State Counsels shall be deemed permanent upon compliance with the 
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prescribed qualification standards under the law. The State Counsels occupying the positions 
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affected by the changes in this Act at the time of its approval shall thereafter occupy and 
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discharge the duties and functions of the upgraded positions and receive the corresponding 
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salary, benefits and privileges without necessity of new appointment. 
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The State Counsels occupying the positions affected by the changes in this Act at the time of 
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its approval shall thereafter occupy and discharge the duties and functions of the upgraded 
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positions and receive the corresponding salary, benefits, and privileges, without necessity of 
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new appointment. 
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There shall be positions created for administrative personnel equivalent to at least one (1) 
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support staff for every two (2) State Counsels. 
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SECTION 6. Qualifications of the State Counsels. – The Chief State Counsel and Deputy 
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Chief State Counsels must be citizens of the Philippines and have been engaged in the practice 
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of law in the Philippines for at least fifteen (15) years prior to their appointment. 
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Senior State Counsels must be members of the Philippine Bar for at least ten (10) years prior 
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to their appointment. 
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State Counsels IV must be members of the Philippine Bar for at least five (5) years prior to 
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their appointment. 
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State Counsels III must be members of the Philippine Bar for at least four (4) years prior to 
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their appointment. 
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State Counsels II must be members of the Philippine Bar for at least three (3) years prior to 
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their appointment. 
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State Counsels I must be members of the Philippine Bar for at least one (1) year prior to their 
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appointment.  
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SECTION 7. Compensation and Benefits. – The salaries and allowances of State Counsels 
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shall correspond to their position, rank, and salary grade pursuant to Section 5 hereof. The 
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Chief State Counsel and the Deputy Chief State Counsels shall enjoy the same retirement, 
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death, survivorship, and other benefits as those of a Presiding Justice and Associate Justice of 
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the Court of Appeals, respectively. Senior State Counsels shall enjoy the same retirement, 
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death, survivorship, and other benefits as those of the judges of the Regional Trial Courts. All 
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other State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as 
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those of the judges of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, 
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Municipal Trial Courts, and Municipal Circuit Trial Courts. 
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SECTION 8. Retirement Benefits. – When a State Counsel, who has rendered at least fifteen 
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(15) years of service either in the Office of the Chief State Counsel or in any branch of 
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government, or in both, retires for having attained the age of sixty-five (65) years or resigns by 
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reason of incapacity to discharge the duties of his or her office, he or she shall, during the 
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residue of his or her natural life, in the manner hereinafter provided, receive a retirement 
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pension based on the highest monthly salary, plus the highest monthly aggregate of 
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transportation, living and representation allowances, which he or she was receiving at the time 
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of his or her retirement or resignation. 
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A State Counsel, who retires after having worked for at least fifteen (15) uninterrupted 
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years in the Office of the Chief State Counsel, shall also earn longevity pay in addition to 
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retirement benefits. 
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 When a State Counsel has attained the age of sixty (60) years and has rendered at least 
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fifteen (15) years of service in government, the last five (5) years of which must have been 
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continuously rendered in the Office of the Chief State Counsel, he or she shall likewise be 
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entitled to retire and receive during the residue of his or her natural life the same benefits 
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provided for in Paragraph 1 of this Section; Provided, however, that those with less than fifteen 
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(15) years of service in the government shall be entitled to a pro rata pension computed as 
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follows: 
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No. of years 
In Government 
___________          x 
Basic Pay Plus the Highest Monthly 
Aggregate of Transportation, Living 
and Representation Allowances 
 
 
15 years 
 
Upon retirement, a State Counsel shall automatically be entitled to a lump sum of five (5) years’ 
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gratuity computed on the basis of the highest monthly salary plus the highest aggregate 
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transportation, living and representative allowances he or she was receiving on the date of 
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retirement, and thereafter, upon survival after the expiration of five (5) years, to further annuity 
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payable monthly during the residue of his or her natural life pursuant to the first and second 
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paragraph of this Section.  
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SECTION 9. Collateral Increase. – All pension benefits of retired State Counsels shall be 
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automatically increased whenever there is an increase in the salary and allowance for the same 
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position from which they retired. 
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SECTION 10. Survivorship Benefits. – In case a State Counsel covered by this Act dies during 
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his or her retirement, the surviving legitimate spouse and dependent of said State Counsel shall 
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be entitled to receive all the retirement benefits that the deceased was receiving or entitled to 
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receive at the time of death. 
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A "dependent" means a legitimate, illegitimate or legally-adopted child who is chiefly 
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dependent on the said deceased State Counsel if such dependent is not more than twenty-one 
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(21) years of age, unmarried and not gainfully employed, or if such dependent regardless of 
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age, is incapable of self-support because of mental or physical disability or condition. 
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The surviving legitimate spouse shall continue to receive retirement benefits during his or her 
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lifetime or until he or she remarries; Provided, that the surviving legitimate spouse receiving 
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benefits under existing retirement laws shall only be entitled to the difference between the 
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amount provided for in this Act and the benefits he or she is receiving; Provided, further, that 
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said benefits shall be granted to the surviving legitimate spouse or dependent of State Counsels 
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who retired prior to the effectivity of this Act. 
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Funds for the initial implementation of this Section shall be taken out of the current 
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appropriations for the retirement of the State Counsel and/or savings of the DOJ. Thereafter, 
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such sums as may be necessary for the continued implementation of this Section shall be 
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included in the Annual General Appropriations Act. 
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SECTION 11. Death Benefits. – In case a State Counsel dies while in service, regardless of 
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age and length of service, the heirs shall receive a lump sum of five (5) years’ gratuity computed 
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on the basis of the highest monthly salary plus the highest aggregate of transportation, living 
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and representation allowances being received by the State Counsel at the time of death: 
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Provided, however, That where said State Counsel has rendered at least fifteen (15) years of 
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government service, either in the Office of the Chief State Counsel or in any branch of 
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government, or both, his or her heirs shall instead be entitled to a lump sum of ten (10) years 
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gratuity computed on the same basis as indicated in this provision: Provided further, That the 
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lump sum of ten (10) years gratuity shall be received by the heirs of a State Counsel who was 
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killed by reason of his or her duties as such: Provided finally, that the State Counsel has served 
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in the Office of the Chief State Counsel for at least five (5) years regardless of age at the time 
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of death. When a State Counsel is killed intentionally while in service, the presumption is that 
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death is work-related. 
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SECTION 12. Prohibitions. – To maintain entitlement to the retirement benefits herein 
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provided, a State Counsel shall not, during the time he or she is receiving said benefit, appear 
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as counsel before any judicial or quasi-judicial agency in any civil case wherein the 
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Government or any agency, subdivision, or instrumentality thereof is an adverse party, or in 
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any criminal case wherein any officer or employee of the Government is accused of an offense 
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committed in relation to his/her office, or collect any fee for his or her appearance in any 
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administrative proceedings, to maintain an interest adverse to the government, whether 
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national, provincial, or municipal or to any of its legally constituted offices. When a State 
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Counsel covered under this Act shall assume an elective public office, he or she shall not, upon 
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assumption of office and during his or her term, receive retirement benefits. 
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SECTION 13. Other Benefits and Privileges. – The State Counsels and all employees under 
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the Office of the Chief State Counsel shall be entitled to the following benefits: 
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(a) Health care services through a health maintenance organization (HMO). Expenses 
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for the mandatory annual executive check-up of the Chief State Counsel, Deputy 
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Chief State Counsels and Senior State Counsels, shall be for the account of the 
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DOJ; 
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(b) Accident insurance policies procured by the DOJ, at its own expense, during travels 
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while in the performance of their official duties and functions;  
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(c) Scholarships to deserving employees, on official time and at the expense of the 
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DOJ, to enhance their academic growth and upgrade their knowledge and skills;  
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(d) Annual thirty (30) days forfeitable leave with pay, in addition to the fifteen (15) 
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days vacation leave and fifteen (15) days sick leave privileges provided for by law, 
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for all State Counsels.  The forfeitable leave privilege under this Act shall be 
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noncumulative and nonconvertible to cash. 
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SECTION 14. Applicability. – All benefits heretofore extended under Republic Act No. 910, 
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as amended, and all other benefits that may be extended by way of amendment thereto shall 
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likewise be given to the State Counsels covered by this Act. 
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SECTION 15. Authority to Collect Fees. – The Office of the Chief State Counsel is hereby 
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authorized to assess, revise and collect fees for various services rendered in accordance with 
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Section 54, Chapter 12, Book IV of Executive Order No. 292, otherwise known as the 
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Administrative Code of 1987, and other laws. These collections shall be deposited as a Trust 
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Fund which shall be administered by the Secretary of Justice to augment the Department’s 
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funds covering the privileges and benefits under Sections 13 and 17 hereof. 
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SECTION 16. Seminar and Other Related Fees. – Fees for relevant seminars, as well as 
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professional membership fees for lawyers, registration fees and related miscellaneous expenses 
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incurred in completing the mandatory continuing legal education (MCLE) shall be charged 
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against the Trust Fund. 
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SECTION 17. Franking Privilege. – The Office of the Chief State Counsel may transmit 
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through ordinary mail and/or registered mail with return card, free of charge, all official 
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communications and papers directly connected with the conduct of its duties and functions. 
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SECTION 18. Appropriation. – There is hereby appropriated initially the sum of Two 
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Hundred Million Pesos (P200,000,000.00) from the funds of the National Treasury not 
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otherwise appropriated for the initial implementation of this Act. Thereafter, the amount 
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needed for the implementation of this Act shall be appropriated in the budget of the Department 
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of Justice under the Annual General Appropriations Act and from the collected fees pursuant 
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to Section 16 hereof. 
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SECTION 19. Separability Clause. – If any of the provisions of this Act is declared 
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unconstitutional or invalid, the provisions not affected thereby shall continue to be in full force 
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and effect. 
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SECTION 20. Repealing Clause. – All acts, laws, decrees, executive orders, letters of 
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instructions and regulations or any part thereof which are inconsistent with any provision of 
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this Act are hereby repealed and or modified accordingly.  
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SECTION 21. Effectivity. – This Act shall take effect after fifteen (15) days from its 
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publication in at least two (2) newspapers of general circulation or in the Official Gazette. 
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Approved, 
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