EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
Senate Bill No. 2443
(In substitution of Senate Bill Nos. 1175, 1180, and 1277, taking 
consideration House Bill No. 10007)
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Prepared Jointly by the Committees on Civil Service, Government Reorganization and 
Professional Regulation; Justice and Human Rights; and Finance with Senators 
Emmanuel "Manny" D. Pacquiao, Ramon Bong Revilla, Jr., Ronald "Bato" de la Rosa, 
Richard J. Gordon, and Sonny Angara as authors thereof
AN ACT
AUGMENTING THE RETIREMENT, DEATH, AND SURVIVORSHIP BENEFITS OF THE 
SOLICITOR GENERAL, ASSISTANT SOLICITORS GENERAL, SENIOR STATE 
SOLICITORS AND STATE SOLICITORS OF THE OFFICE OF THE SOLICITOR 
GENERAL, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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SECTION. 1. Short Title. - This Act shall be known as the "OSG Benefits and
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Incentives Act".
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SEC. 2. Declaration of Policy. - It is the declared policy of the State to promote
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the welfare of the officials of the Office of the Solicitor General (OSG) by augmenting
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the retirement, death, and survivorship benefits of the Solicitor General, Assistant
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Solicitors General, Senior State Solicitors and State Solicitors of the OSG in order to
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fulfill its role, as the "Tribune of the People", of upholding the best interest of the
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government, as well as to perform its mandate as the principal law office of the
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Government of the Republic of the Philippines representing the government and its
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departments, bureaus, agencies, and instrumentalities, and its officials and agents
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in their official capacity, in any litigation, proceeding, investigation, or matter


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requiring the services of lawyers.
SEC. 3. Retirement Benefits. -When a Solicitor General, Assistant Solicitor 
General, Senior State Solicitor, and State Solicitor, who has rendered at least fifteen 
(15) years of service in the OSG or in any other branch of the Government, or in both, 
(a) retires for having attained the age of sixty-five (65) years, or (b) resigns by reason 
of the incapacity to discharge the duties of the office as certified by the Solicitor 
General, he or she shall receive, during the residue of his or her natural life, in 
the manner hereinafter provided, a retirement pension based on the highest monthly 
salary plus the highest monthly aggregate of transportation, living and 
representation allowances, which he or she was receiving at the time of his or her 
retirement or resignation.
When a Solicitor General , an Assistant Solicitor General, Senior State Solicitor, and 
State Solicitor has attained the age of sixty (60) years and has rendered at least fifteen 
(15) years of service in Government, the last five (5) years of which must have been 
rendered in the OSG, he or she shall likewise be entitled to retire and receive, 
during the residue of his or her natural life the same benefits provided for in this 
section: Provided, however, That those with less than fifteen (15) years of service in 
the Government shall be entitled to a pro rata pension computed as follows:
No. of years 
in government service
15 years
(Highest Monthly Salary plus 
X the Highest Monthly Aggregate 
of Transportation, Living and 
Representation Allowance)
Upon retirement, a Solicitor covered by this Act shall automatically be entitled to a 
lump sum of five (5) years gratuity computed on the basis of the highest monthly 
salary plus the highest monthly aggregate of transportation, living, and 
representation allowances, which he or she was receiving on the date of his or her 
retirement and, thereafter, upon survival after the expiration of five (5) years to 
further annuity payable monthly during the residue of his or her natural life pursuant 
to the preceding paragraphs: Provided, however. That if the reason for the retirement


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be any total permanent disability, as certified by the Solicitor General, contracted 
during his or her incumbency in the office and prior to the date of retirement, he or 
she shall receive a gratuity equivalent to ten (10) years' salary and allowances 
aforementioned: Provided, further, That should the retirement be with the 
attendance of any partial permanent disability, as certified by the Solicitor General, 
contracted during the incumbency in the office and prior to the date of retirement, 
he or she shall receive an additional gratuity equivalent to two (2) years lump sum 
that he or she is entitled to under this Act: Provided, furthermore, That if he or she 
survives after ten (10) years or seven (7) years, as the case may be, he or she shall 
continue to receive a monthly retirement pension as computed under this Act during 
the residue of his or her natural life. Nothing in this Act shall be construed as to 
prevent the President of the Philippines from appointing any person sixty-five (65) 
years of age or older as Solicitor General.
SEC. 4. Conditions. - While receiving the pension and benefits granted herein, 
no retired or resigned Solicitor covered in the immediately preceding section, shall 
appear as counsel before any judicial or quasi-judicial agency in any civil case 
wherein the government or any agency, subdivision, or instrumentality thereof is an 
adverse party, or in any criminal case where any officer or employee of the 
government is accused of an offense committed in relation to their office, or collect 
any fee for appearance in any administrative proceeding to maintain an interest 
adverse to the government, whether national, provincial, or municipal, or to any 
of its legally constituted officers.
When a Solicitor General, Assistant Solicitors General, Senior State Solicitors and 
State Solicitors, covered by and receiving any benefit under this Act shall assume an 
elective position in government, he or she shall not, upon assumption of office and 
during his or her tenure as an elective official, receive the monthly pension or any 
of the allowances due him or her.
SEC. 5. Death Benefits. - In case a Solicitor General, Assistant Solicitor General, 
Senior State Solicitor, and State Solicitors dies while in actual service, regardless of 
his or her age and length of service as required in the preceding section, his or her


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heirs shall receive a lump sum of five (5) years gratuity computed on the basis of 
the highest aggregate of transportation, living and representation allowances 
received by the concerned Solicitor as such: Provided, however, That where said 
deceased Soiicitor has rendered at least fifteen (15) years of government service, 
either in the OSG or in any branch of the government, or both, his or her heirs shall 
instead be entitled to a lump sum of ten (10) years gratuity computed on the same 
basis as indicated in this provision. Provided, further. That the lump sum often (10) 
years gratuity shall be received by the heirs of the deceased Solicitor who was killed 
by reason of his or her duties as such: Provided, furthermore. That the deceased 
Solicitor has served in the OSG for at least five (5) years, regardless of age, at the 
time of death. When a Solicitor is killed intentionally while in service, the presumption 
is that the death is work-related.
SEC. 6. Survivorship Benefits. - In case a Solicitor General, Assistant Solicitor 
General, Senior State Solicitors, and State Solicitors dies during his or her retirement, 
or was eligible to retire optionally at the time of death, the surviving legitimate spouse 
of said Soiicitor shall be entitled to receive all the retirement benefits that the 
deceased Solicitor was receiving or entitled to receive. Said surviving legitimate 
spouse shall continue to receive such retirement benefits during his or her lifetime or 
until he or she remarries: Provided, That if the surviving spouse is receiving benefits 
under existing retirement laws, he or she shall only be entitled to the difference 
between the amount provided for in this Act and the benefits that he or she is receiving.
The conditions provided under Section 4 of this Act shaii likewise apply to the surviving 
spouse herein.
SEC. 7. Automatic Increase. - All retirement benefits of Solicitors Generai, Assistant 
Solicitors General, Senior State Solicitors and State Solicitors shall be 
automatically increased whenever there is an increase in the salary and allowance in 
the same position from which they retired.
SEC. 8. Funding. - The amount necessary to cover the initial implementation of this 
Act shall be taken from the current year's appropriations of the OSG or its savings.


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Thereafter, such sums as may be necessary for the continued implementation of this 
Act shall be included in the annual General Appropriations Act.
SEC. 9. Repealing Clause. - 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, repealed or modified accordingly.
SEC. 10. 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.
SEC. 11. Effectivity. - This Act shall take effect immediately after fifteen (15) 
days from its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation.
Approved,