SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S. B. No. 1 4 0 9
«.»',iflfftrr rf t>jr s2srrr»tarj»
'17 HAR22 P5:30
RECEIVCO DY;
In tro d u ced  by S en ato r Loren B. Legarda
AN ACT TO FURTHER STRENGTHEN THE OFFICE OF THE 
SOLICITOR GENERAL BY PROVIDING FOR ITS POWERS AND 
FUNCTIONS, 
AND 
REDEFINING, 
EXPANDING, 
AND 
RATIONALIZING ITS ORGANIZATION, THEREBY AMENDING 
REPUBLIC ACT NO. 9417 AND REPEALING REPUBLIC ACT 
NO. 2327, EXECUTIVE ORDER NOS. 1 AND 2, S. 1986, AND 
ALL 
RELATED 
LAWS, 
AND 
APPROPRIATING 
FUNDS 
THEREFOR AND FOR OTHER RELATED PURPOSES
EXPLANATORY NOTE
This bill expands the powers and functions of the Office of the 
Solicitor General to include those that were exercised by the 
Office of the Government Corporate Counsel (OGCC) and the 
Presidential Commission on Good Government (PCGG). 
For 
instance, the OSG shall review all GOCC contracts prior to their 
execution and enforce the Property Insurance Law. 
These 
functions are currently performed by the OGCC as the principal 
law office of all GOCCs pursuant to Chapter 3, Section 10 of the 
Revised Administrative Code of 1987. 
The OSG’s exercise of 
these functions will simply be a necessary offshoot of the 
abolition of the OGCC and the transfer of all the powers and 
functions of the latter office to the OSG, as provided in this bill.
Likewise, the OSG shall have the power to grant im m unity from 
crim inal prosecution to any person who provides information or 
testifies in any investigation previously conducted by the PCGG 
or future cases investigated by the OSG, to establish the 
unlawful m anner in which any respondent, defendant or 
accused has acquired or accum ulated ill-gotten wealth, in any 
case where such information or testim ony is necessary to 
ascertain or prove the latter’s guilt or his civil liability. 
The 
PCGG is vested with this power p u rsu an t to Section 5 of 
Executive Order No. 14, as am ended by E.O. 14-A, s. 1986. The 
OSG’s exercise of this power will simply be a necessary offshoot
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of the abolition of the PCGG and the transfer of all its powers 
and functions to the OSG, as provided in this bill. 
Moreover, 
this im m unity shall pertain only to cases involving ill-gotten 
wealth. Hence, it will not unduly interfere with the DO J’s power 
to grant im m unity from crim inal prosecution under the W itness 
Protection Program.
The increase in the OSG’s share in m onetary aw ards or assets 
granted by courts or tribunals to client departm ents and assets 
adjudged to the government in forfeiture proceedings will 
significantly augm ent the office’s funds to ensure proper 
im plem entation of the proposed law, particularly the expanded 
benefits provided therein, w ithout being overly dependent on the 
annual appropriations. This can, in the long run, enhance the 
proposed fiscal autonom y for the office and lessen the need for 
appropriations 
from 
the 
national 
governm ent’s 
budget. 
Moreover, the twenty percent (20%) share provided in this bill 
conforms to the present rate of success fees recovered by private 
law firms.
During the holdover period, the Solicitor General can determ ine 
the actual num ber of additional lawyers and adm inistrative 
personnel required to handle the office’s increased workload. 
OGCC and PCGG lawyers and personnel may apply for the 
needed positions, w ithout prejudice to their entitlem ent to full 
retirem ent gratuity and pension p u rsu an t to applicable laws, or 
separation pay, as the case may be, as provided in this bill.
In view of the foregoing reasons, the expeditious approval of this 
bill is earnestly sought.
LOREN LEGARDA
S enator


ft tlir tP'- i r t iH Tp
SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S. B. No.
*17 
HAR 22 P5:30
RECElVtU O'.'.
In tro d u ced  by S en ato r Loren B. Legarda
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AN ACT TO FURTHER STRENGTHEN THE OFFICE OF THE 
SOLICITOR GENERAL BY PROVIDING FOR ITS POWERS AND 
FUNCTIONS, 
AND 
REDEFINING, 
EXPANDING, 
AND 
RATIONALIZING ITS ORGANIZATION, THEREBY AMENDING 
REPUBLIC ACT NO. 9417 AND REPEALING REPUBLIC ACT 
NO. 2327, EXECUTIVE ORDER NOS. 1 AND 2, S. 1986, AND 
ALL 
RELATED 
LAWS, 
AND 
APPROPRIATING 
FUNDS 
THEREFOR AND FOR OTHER RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of 
Philippines in Congress assem bled:
SECTION 1. S h o rt Title. -  This Act shall be known as the 
“Office of the Solicitor General C harter.”
SECTION 2. D eclaratio n  o f Policy. — It is the declared policy 
of the State to strengthen the Office of the Solicitor General 
(OSG) in order to fulfill its role of upholding the best interest of 
the governm ent as the Tribune of the People, as well as to 
perform 
its m andate as the 
principal 
law office of the 
Government of the Republic of the Philippines representing the 
Government, 
its 
departm ents, 
bureaus, 
agencies, 
and 
instrum entalities, and its officials and agents in their official 
capacity, in any litigation, proceeding, investigation, or m atter 
requiring the services of lawyers.
It is also the policy of the State to ensure efficiency and economy 
in the operations of government, elim inate the overlapping of 
functions, consolidate the legal services in the governm ent into 
one 
office, 
effectively 
address 
the 
expanding 
needs 
of 
government-owned 
and 
-controlled 
corporations 
(GOCCs) 
towards the improvement of fiscal m anagem ent and good 
corporate governance, and concentrate and enhance government 
efforts for the full and effective recovery of ill-gotten wealth and 
properties, including the efficient investigation and prosecution 
of cases relative thereto. Towards this end, the Office of the
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Government Corporate Counsel (OGCC) and the Presidential
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Commission on Good Government (PCGG) are hereby abolished
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and their respective powers and functions are transferred to the
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CSC.
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With the transfer of the powers and functions of the OGCC and
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the PCGG to the OSG, and to ensure the efficient and effective
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legal 
representation 
of the 
Government, 
its departm ents,
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bureaus, agencies, and instrum entalities, GOCCs, and its
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officials and agents in their official capacity, the members of the
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legal and adm inistrative staff of the OSG shall be increased and
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their positions upgraded to adequately m eet the Republic’s
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burgeoning need for legal services. The skills of OSG lawyers
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shall be further improved, and the benefits of all OSG employees
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augm ented. The professional growth of these employees shall be
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encouraged, (n)
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SECTION 3. D efinition. -  For purposes of this Act, the term —
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(a) 
“Capacity development” shall refer to the process
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whereby the OSG, as an organization, develops its capability
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over time to achieve development goals while enhancing its
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ability to achieve measurable and sustainable results, through
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improvement of knowledge, skills, and systems.
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(b) 
“GOCCs” shall refer to government-owned and -
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controlled corporations, their subsidiaries, other corporate
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offsprings, including government-acquired asset corporations,
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government corporate entities and govei;nment instrumentalities
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with corporate powers, government fipancial institutions, and
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other government corporate entities, agencies and offices.
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(c) 
"Ill-gotten wealth" shall refer to any asset, property,
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business enterprise or m aterial possession of the persons
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referred to in Executive Orders Nos. 1 and 2, s. 1986, acquired
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by them directly, or indirectly through dummies, nominees,
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agents, subordinates, and/or business associates by any of the
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following means or similar schemes;
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(1) 
through misappropriation, conversion,
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misuse, or malversation of public funds
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or raids on the public treasury;
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(2) 
through 
the 
receipt, 
directly 
or
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indirectly, of any commission, 
gift,
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share, percentage, kickbacks, or any
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other form of pecuniary benefit from
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any person and/or entity in connection
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with any government contract or project
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or by reason of the office or position of
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the official concerned;
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(3) 
by the illegal or fraudulent conveyance
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or disposition of assets belonging to the
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government or any of its subdivisions,
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agencies 
or 
instrumentalities, 
or
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government-owned 
or 
controlled
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corporations;
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(4) 
by obtaining, receiving, or accepting
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directly or indirectly any shares of
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stock, equity, or any other form of
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interest or participation in any business
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enterprise or undertaking;
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(5) 
through 
the 
establishment 
of
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agricultural, industrial, or commercial
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monopolies 
or 
other 
combination
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and/or by the issuance, promulgation,
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and/or implementation of decrees and
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orders intended to benefit particular
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persons or special interests; and
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(6) 
by taking undue advantage of official
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position, 
authority, 
relationship, 
or
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influence for personal gain or benefit.
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SECTION 4. O rg a n iz atio n al S tru c tu re . -  The Office of the
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Solicitor General shall be an independent and autonomous office
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attached to the Office of the President for budgetary purposes.
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The OSG shall be headed by the Solicitor General, who is the
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principal law officer and legal defender of the Government. He
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shall have the authority and responsibility for the exercise of the
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OSG’s mandate and for the discharge of its duties and functions,
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and shall have supervision and control over the OSG and its
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constituent units.
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The Solicitor General shall be assisted by a Legal Staff composed
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of Assistant Solicitors General and such number of Solicitors as
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may be necessary to operate the OSG.
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There shall be at least fifty (50) legal divisions in the OSG. Each
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division, headed by an Assistant Solicitor General, shall consist
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of at least ten (10) lawyers and such other personnel as may be
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necessary for the OSG to effectively carry out its functions.
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The administrative structure of the OSG shall be organized into
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the Financial Management Service, Docket Management Service,
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Case Management Service, Human Resources Management and
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Administrative Service, and Budget and Planning Service, which
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shall be composed of the necessary divisions and sections. Each
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Service shall be headed by a Director, who shall be appointed by
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the President.


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There shall be an Office of Legal Services (OLS) within the OSG
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to be headed by a Chief Legal Officer, who shall be a lawyer,
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appointed by the Solicitor General and serve at the latter’s
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pleasure. The qualifications, salary grade, and benefits of the
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Chief Legal Officer and his/her legal staff shall be determined by
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the Solicitor General. The Chief Legal Officer shall be assisted by
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such other personnel as may be necessary to effectively carry
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out the functions of the OLS.
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SECTION 5. Pow ers a n d  F unctions. - The OSG shall represent
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the 
Government 
of 
the 
Philippines, 
its 
agencies 
and
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instrumentalities, including GOCCs, and its officials and agents
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acting in their official capacity, in any litigation, proceeding,
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investigation, or matter requiring the services of a lawyer. The
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OSG shall constitute the principal law office of the Government
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and, as such, shall discharge duties requiring the services of a
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lawyer. It shall have the following specific powers and functions:
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(a) 
represent the Government and the People of the
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Philippines in the Supreme Court and the Court of Appeals in all
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criminal proceedings; represent the Government and its officers
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in the Supreme Court, the Court of Appeals, and all other courts
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or tribunals in all civil actions and special proceedings in which
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the Government has been impleaded as a party, or any official of
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the Government sued in the lawful performance of duty.
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(b) 
investigate, initiate court action, or in any manner
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proceed against any person, corporation, or firm for the
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enforcement of any contract, bond, guarantee, mortgage, pledge,
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or other collateral executed in favor of the Government.
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(c) 
appear in any court in any action involving the
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validity of any treaty, law, executive order or proclamation, or
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rule or regulation when in his judgment his intervention is
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necessary or when requested by the Court.
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(d) 
appear in all proceedings involving the acquisition
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or loss of Philippine citizenship.
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(e) 
represent the Government in all land registration
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and related proceedings. Institute actions for the reversion to the
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Government of lands of the public domain and improvements
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thereon as well as lands held in violation of the Constitution.
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(f) 
conciliate, mediate, settle, or adjudicate all disputes,
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claims, 
and controversies solely between or among the
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departments, bureaus, offices, agencies, and instrumentalities of
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the National Government, including GOCCs.


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(g) 
render opinion and advice on m atters referred by 
the 
departm ents, 
bureaus, 
offices, 
agencies, 
and 
instrum entalities of the National Government, including GOCCs.
(h) 
prepare, upon request of the President or other 
proper officer of the National Government, rules and guidelines 
for governm ent entities governing the preparation of contracts, 
m aking of investm ents, 
undertaking of transactions, 
and 
drafting of forms or other docum ents needed for official use, for 
the purpose of facilitating their enforcem ent 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 him in the perform ance of any function or 
discharge of any duty incum bent upon him, within the 
jurisdiction of the 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 he may be 
required to render reports or furnish information regarding the 
assignm ent.
(j) 
Any law to the contraiy notw ithstanding, the OSG 
shall be the legal counsel and principal law office of all GOCCs. 
All GOCCs shall refer to the OSG the following:
(i)
and
(ii)
before their execution, all contracts for review;
all cases for representation before regular 
courts, quasi-judicial bodies, adm inistrative 
agencies, and arbitral tribunals. Provided That 
the Solicitor General may thereafter authorize 
the GOCC’s legal departm ent because of 
urgency 
or 
expediency 
to 
appear 
as 
collaborating counsel to handle GOCC’s cases.
As legal counsel of all GOCCs, the OSG shall also perform the 
following functions:
(1) 
exercise control and supervision over the legal 
departm ents of all GOCCs through designated A ssistant 
Solicitors General and Solicitors;
(2) 
exercise visitorial powers over GOCCs;
(3) 
replace the OGCC as ex-officio m em ber in the 
Property 
Insurance 
Fund 
and 
enforce 
the 
Property


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Insurance Law pursuant to Republic Act No. 656, as
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am ended by Presidential Decree 245, in dom estic or
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international transactions;
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(4) 
conduct periodic perform ance audits of the in-
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house lawyers or legal departments of the GOCCs and to
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recommend appropriate actions to GOCCs;
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(5) 
require 
the 
in-house 
lawyers 
or 
legal
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departm ents of GOCCs to subm it periodic reports of work
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performed and/or accomplished and to supervise and
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control the necessary legal action; and
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(6) 
perform other functions as maybe provided by
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law and such additional tasks as may be required by the
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GOCCs, with the conformity of the Solicitor General, (n)
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(k) 
deputize legal officers of governm ent departm ents,
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bureaus, agencies, offices, and GOCCs to assist the Solicitor
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General and appear or represent the Government in cases
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involving their respective offices, brought before the courts, and
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exercise supervision and control over such legal officers with
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respect to such cases.
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(1) 
call on any department, bureau, office, agency, or
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instrumentality of the Government, including any GOCC, for
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such service, assistance, and cooperation as may be necessary
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in fulfilling its functions and responsibilities and for this
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purpose enlist the services of any government official or
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employee in the pursuit of his tasks.
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Departments, bureaus, agencies, offices, instrumentalities, and
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GOCCs to whom the OSG renders legal services are authorized
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to disburse funds from their sundry operating and other funds
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for the OSG. For this purpose, the Solicitor General, Assistant
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Solicitors General, Senior State Solicitors, State Solicitors, and
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Associate 
Solicitors 
are 
specifically 
authorized 
to 
receive
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allowances as may be provided by the Government offices,
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instrum entalities, and GOCCs concerned, in addition to their
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regular com pensation, (rf. 1987 Adm inistrative Code, Book IV,
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Title 111, C hapter 12, Sec. 35 (9))
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(m) 
The powers and functions of the PCGG are hereby
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transferred to the OSG which include the following:
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(1) 
file and prosecute all cases investigated by
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the PCGG under Executive Order No. 1, dated
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28 February 1986, Executive Order No. 2,
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dated 12 March 1986, and Executive Order


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No. 432, dated 26 May 2005, as may be 
w arranted by its findings;
(2j 
continue 
handling 
cases 
relative 
to 
the 
recovery of ill-gotten wealth and behest loans;
(3) 
grant im m unity from crim inal 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 
w ealth, to establish the unlawful m anner in 
which any respondent, defendant or accused 
has acquired or accum ulated the property or 
properties in question in any case where such 
information or testim ony is necessary to 
ascertain or prove the latter's guilt or his civil 
liability. The im m unity thereby granted shall 
be continued to protect the w itness who 
repeats 
such 
testim ony 
before 
the 
Sandiganbayan when required to do so; and
(4) 
call upon any departm ent, bureau, office, 
agency, instrum entality 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 m ust be defended or 
presented;
(o) 
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 
litigations. However, due to the fiduciary nature of 
the relationship between the OSG and the counsel, 
the engagem ent of the latter shall be exem pt from 
Republic Act No. 9184 (Government Procurem ent 
Reform Act).
(p) 
act and represent the Republic and the people 
before any court, tribunal, body, or comm ission in 
any m atter, action, or proceeding which, in his


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opinion, affects the welfare of the people as the ends 
of justice may require;
(q) 
acquire, own, hold, or lease real and personal 
property; sell or otherwise dispose of the same; 
enter into contracts including loan agreem ents and 
joint venture agreem ents; and do and perform any 
and all acts that may be necessary or proper to 
carry out the purposes of this Act; (n)
(r) 
provide a Legal Internship Program to help law 
students prepare and train for and experience legal 
practice in public service, (n)
(s) 
perform such other functions as may be provided by 
law.
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SECTION 6. A bolition o f th e  Office o f th e  G overnm ent 
C orporate C ounsel a n d  th e  P re sid e n tia l C om m ission on 
Good 
G overnm ent. 
-  
The 
legal 
representation 
of 
the 
Government, 
its agencies, and instrum entalities, including 
GOCCs, and officials and agents acting in their official capacity, 
and the powers and functions of the PCGG shall be consolidated 
in the OSG, the principal law office and legal defender of the 
Government. For this purpose, the OGCC and the PCGG are 
hereby abolished, and all the powers and functions of said 
Offices which are not inconsistent with the provisions of this Act 
are hereby transferred to the OSG.
After 
settlem ent 
of its 
liabilities, 
if any, 
all 
budgetary 
appropriations, funds, properties, records, equipm ent, rights, 
choses in action, and other assets of the OGCC and the PCGG 
are hereby transferred to the OSG.
SECTION 7. A ppointm ents. -  The Solicitor General shall be
appointed by the President.
The A ssistant Solicitors General, Senior State Solicitors, and 
State Solicitors shall be appointed by the President upon 
recom m endation of the Solicitor General. Associate Solicitors 
shall be appointed by the Solicitor General.
The 
Financial 
M anagem ent 
Service, 
Docket 
M anagem ent 
Service, 
Case 
M anagem ent 
Service, 
H um an 
Resources 
M anagem ent and Administrative Service, and Budget and 
Planning Service shall each be headed by a Director to be 
appointed by the President upon the recom m endation of the 
Solicitor General. The Service Heads shall possess the necessary 
CES eligibility and qualifications for the position prescribed
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under pertinent civil service laws, rules, and regulations;
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Provided, that if a Service Head who does not possess the
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necessary eligibility and qualifications is occupying the position
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at the time of the effectivity of this Act, he or she shall continue
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to perform such functions as officer-in-charge and shall have a
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maximum of two (2) years to comply with the said eligibility and
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qualifications: Provided, further, that if the Service Head fails or
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is unable to meet the eligibility and qualifications for the
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position after the lapse of two (2) years from effectivity of this
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Act, he or she shall be ipso jure removed from said position, (n)
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Administrative personnel in the OSG shall be appointed b y  t h e
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Solicitor General.
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SECTION 8. S ta n d a rd s. -  The Solicitor General shall have the
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rank of a Cabinet Secretary and the same qualifications for
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appointment, rank, category, prerogatives, salaries, allowances,
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emoluments, privileges, retirement-and all other benefits of an
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Associate Justice of the Supreme Court; an Assistant Solicitor
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General, those of an Associate Justice of the Court of Appeals.
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The qualifications for appointment, rank, category, prerogatives,
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salaries, allowances, emoluments, privileges, retirement and all
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other benefits of Solicitors shall be the same as judges, specified
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as follows:
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Senior State Solicitor -  Regional Trial C ourt Judge
State Solicitor II -  Metropolitan Trial C ourt Judge
State Solicitor I -  Municipal Trial Court in Cities Judge
The Solicitpr General shall be entitled to the sam e retirem ent 
benefits and privileges as an Associate Justice of the Suprem e 
Court, provided he has served in such capacity for at least two
(2) years. Such retirem ent benefits and privileges shall accrue to 
him or her upon reaching the age of sixty (60) years.
A ssistant Solicitor Generals, Senior State Solicitors, 
State 
Solicitors II, and State Solicitors I shall be entitled to the same 
retirem ent benefits and privileges as their counterparts in the 
Judiciary upon reaching the age of sixty (60) years, provided 
that they have served in such capacities for at least five years. 
An A ssistant Solicitor General, Senior State Solicitor, State 
Solicitor II, and State Solicitor I may opt to serve up to the age of 
seventy (70) years.
The 
Solicitor 
General 
shall 
determ ine 
the 
qualifications, 
prerogatives, and responsibilities of the Associate Solicitors.
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SECTION 9. Office o f L egal Services. -  The OLS shall perform 
such functions and duties as may be assigned by the Solicitor 
General, 
which 
may include 
drafting proposed 
legislative 
m easures to strengthen the OSG and enable it to efficiently and 
effectively discharge its m andate for subm ission by the Solicitor 
General to Congress and to the President of the Philippines; 
conducting research on legal issues that may be assigned by the 
Solicitor General; and assisting the Solicitor General, A ssistant 
Solicitors General, State Solicitors, Associate Solicitors, and all 
other employees of the OSG who are impleaded in their official 
capacity in any litigation, proceeding, investigation, or m atter 
requiring the services of a lawyer.
SECTION 10. C ap acity  D evelopm ent. -  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 
m easurable and sustainable results, the Solicitor General, in 
consultation 
with 
the 
A ssistant 
Solicitors 
General, 
shall 
formulate, 
develop, 
and 
im plem ent 
plans, 
activities, 
and 
program s towards the improvement of knowledge, skills, and 
system s. To achieve this objective, the Solicitor General may by 
him self authorize OSG lawyers to travel anywhere in the 
Philippines and abroad to attend sem inars, fora, conferences, or 
lectures on different areas of law, pleadings and practice in 
international courts and tribunals, public-private partnerships, 
and public corporate governance, am ong others. The Solicitor 
General may also authorize the adm inistrative staff of the OSG 
to undergo relevant training to improve their skills.
SECTION 11. C om pensation. — The salary grades of the 
Solicitor General, A ssistant Solicitors General, Senior State 
Solicitors, State Solicitors, and Associate Solicitors shall be as 
follows:
POSITION
SALARY GRADE
Solicitor General
31
A ssistant Solicitor General
30
Senior State Solicitor
29
State Solicitor II
28
State Solicitor I
27
Associate Solicitor III
26
Associate Solicitor II
25
Associate Solicitor I
24
33
34
35
36
37
The Solicitor General, A ssistant Solicitor General, and Solicitors 
shall be entitled to step increm ents and longevity pay which 
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
2 
shall be in the level of their counterparts in the Court of
3 
Appeals.
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6
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8 
9
10
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12
13
14
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19
20 
21 
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24
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26
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29
30
31
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35
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SECTION 
12. B en efits a n d  Privileges. — The OSG shall 
provide its employees with the following benefits:
(1) health care services through a health m aintenance 
organization 
(HMO). 
Expenses 
for 
the 
m andatory annual 
executive check-up of the Solicitor General, the A ssistant 
Solicitors General and OSG officials whose positions correspond 
to Salary Grade 28 and above shall be for the account of the 
OSG;
(2) 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 perform ance of their official duties and 
functions;
(3) 
w ithout 
prejudice 
to 
efficiency 
in 
the 
service, 
scholarships to deserving employees on official time and at the 
expense of the OSG to enhance their academ ic growth and 
upgrade their knowledge and skills. Scholarships under this 
provision 
shall 
be 
granted 
on 
the 
basis 
of competitive 
exam ination. Scholars shall be required to render service in the 
OSG upon imm ediate completion of the program , course or 
degree, in accordance with applicable Civil Service laws, rules 
and regulations.
(4) 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 paym ent of benefits to such lawyers or 
employees or their heirs;
(5) other perquisites and benefits as enjoyed by other 
governm ent offices or as may be determ ined by the Solicitor 
General in the exigencies of the service and in accordance with 
law. (n)
SECTION 
13. S e m in a r a n d  O ther P ro fessio n al Fees. —
Subject to the availability of funds, fees for relevant sem inars, as 
well as professional m em bership fees for lawyers, registration 
fees, and related m iscellaneous expenses incurred in completing 
the m andatory continuing legal education (MCLE) course shall 
be borne by the OSG: Provided, that the lawyer whose lifetime 
m em bership fees/dues to the Integrated Bar of the Philippines 
(IBP) have been paid up or reim bursed by the OSG, shall 
m aintain his or her service in the OSG for at least five (5) years: 
Provided, further, th at should the lawyer resign or in any m anner 
sever his or her service from the Office, he or she shall be
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31
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required to reim burse the paid up IBP m em bership dues/fees in 
pro rata, (n)
Professional m em bership, registration fees, including those for 
m andatory continuing professional education (CPE), and related 
m iscellaneous expenses of other employees holding positions for 
which a professional license is required by the office shall also 
be borne by the OSG.
SECTION 14. Survivorship B enefits; Coverage. -U pon the 
death of a Solicitor General, A ssistant Solicitor General, Senior 
State Solicitor, State Solicitor, or an Associate Solicitor of the 
OSG, if said official had retired or was in the service at the time 
of death, 
the surviving legitimate spouse and dependent 
children, or in their absence, the surviving parents of said 
official shall be entitled to receive on a m onthly basis all the 
retirem ent benefits that the deceased official was receiving or 
entitled to receive at the time of death under the provisions of 
the 
applicable 
retirem ent 
laws. 
A 
“dependent” 
m eans 
a 
legitimate, illegitimate, or legally adopted child who is chiefly 
dependent with the above-enum erated deceased officials if such 
dependent is not more than twenty-one (21) years of age, 
unm arried and not gainfully employed or if such dependent, 
regardless of age, is incapable of self-support because of m ental 
or physical defect. 
The 
surviving legitimate 
spouse 
shall 
continue to receive such retirem ent benefits during his or her 
lifetime or until he or she rem arries: Provided, that if the 
surviving legitimate spouse is receiving benefits under existing 
retirem ent laws, the surviving legitimate spouse shall only be 
entitled to the difference between the am ount provided for in 
this Act and the benefits the surviving spouse has been 
receiving: Provided, further, th at said benefits shall be granted to 
all aforem entioned m em bers of the OSG who died or retired prior 
to the effectivity of this Act: Provided, furtherm ore, th at the 
surviving legitimate spouse receiving the benefit shall not, if he 
or she is a m em ber of the Bar, appear as counsel before any 
court in any civil case wherein the Governm ent or any 
subdivision or instrum entality thereof, including GOCCs, is the 
adverse party, or in any criminal case wherein an incum bent or 
former officer or employee of the Governm ent is accused of an 
offense com m itted in relation to his or her office, or collect any 
fee for his or her appearance in any adm inistrative proceeding; 
and when the surviving legitimate spouse shall assum e an 
elective public office, he or she shall not, upon assum ption of 
office and during his or her term , receive the said survivorship 
benefits, (n)
SECTION 15. G ra n t o f S p ecial A llow ances. — Any law to the
contrary, 
notw ithstanding, 
the Solicitor General, A ssistant 
Solicitors General, Senior State Solicitors, State Solicitors and
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7
8 
9
10
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12
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16
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18
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Associate Solicitors shall be granted special allowances in 
am ounts to be determ ined by the Solicitor General.
The grant of special allowances shall be im plem ented uniformly 
in such sum s and am ounts and up to the extent only that can 
be supported by the funding source specified in Section 18 (a) to 
(d) hereof: Provided, that each grant of the said special allowance 
shall not exceed One hundred percent (100%) of the basic salary 
of solicitors as provided in Republic Act No. 6758, otherwise 
known as the Salary Standardization Law: Provided, further, that 
said special allowances shall be exempt from income tax.
SECTION 16. O th er B enefits. — Notwithstanding any law, or 
adm inistrative rule or regulation, the lawyers of the OSG shall 
be entitled to receive honoraria and allowances directly from 
each client departm ent, agency, and instrum entality of the 
Government, as well as from each client GOCC for the legal 
services th at said lawyers render, which may include attendance 
in hearings, providing legal advice, drafting of contracts and 
legal docum ents, and performing designated functions; Provided, 
that said honoraria and allowances shall be exem pt from income 
tax.
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SECTION 17. F ra n k in g  Privilege. — All official mail m atters 
and telegram s of the OSG addressed for delivery within the 
Philippines shall be received, transm itted, and delivered free of 
charge: Provided, th at such mail m atters when addressed to 
private persons or non-governm ent offices shall not exceed one 
hundred twenty (120) grams.
SECTION 
18. 
F unding. — 
The 
funds 
required 
for 
the 
im plem entation of this Act, including those for health care 
services, 
survivorship 
benefits; 
insurance 
prem ium s, 
professional, educational, and registration fees; transportation 
benefits; and other benefits and privileges m entioned in the 
other provisions of this Act, shall be provided for in the General 
Appropriations Act and augm ented by funds sourced from the 
following:
(a) 
twenty percent (20%) of m onetary aw ards or value of 
assets 
adjudged 
by 
the 
Courts 
or 
tribunals 
to 
client 
departm ents, agencies and instrum entalities of the Government, 
and GOCCs, including those under court-approved compromise 
agreem ents;
(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 Naturalization; and
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7
8 
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10
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12
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14
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19
20 
21 
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25
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29
30
31
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36
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41
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(d) 
all other income, fees and revenues earned and 
collected by the Office of the Solicitor General.
For this purpose, the OSG is hereby authorized to charge 
deputation, certification, and other sim ilar fees in the cases that 
it handles.
The am ounts collected p u rsu an t to this section shall 
constitute a tru st fund in the nam e of the OSG to be m anaged 
and used by the Solicitor General to carry out the provisions of 
this Act.
SECTION 19. T ran sfe r o f C ases. -  All cases being handled by 
the OGCC shall be transferred to the OSG: Provided, however, 
that the handling OGCC lawyer shall subm it a statu s report of 
all cases he or she is handling to the Solicitor General: Provided, 
further, th at a certification under oath th at the records of the 
case transm itted to the OSG are complete shall be m ade by the 
handling OGCC lawyer as a pre-condition for receiving the 
separation or retirem ent benefits under this Act. (n)
SECTION 20. C ase M igration. -  Upon the effectivity of this Act, 
a transition “Case Migration Committee” (CMC) shall be created 
composed of: three (3) m em bers from each of the respective 
records and docket divisions of the OSG, the OGCC, and the 
PCGG, at least two (2) m em bers from the legal divisions of all 
GOCCs, and at least two lawyers each from the OSG, the OGCC, 
and the PCGG.
The CMC shall ensure the smooth turnover of all cases and legal 
concerns of the OGCC and the PCGG to the OSG, with 
corresponding statu s reports, complete records, and other 
relevant docum ents, taking care that no case or legal concern 
shall be prejudiced in the process of turnover.
The CMC shall have the responsibility of determ ining which 
cases and legal concerns need immediate attention or are 
extremely urgent. 
These 
cases 
and 
legal 
concerns 
shall 
immediately be transferred an d /o r referred to the OSG.
The CMC shall complete its work within thirty (30) days from its 
constitution. The CMC shall subm it a com prehensive report to 
the Solicitor General, (n)
SECTION 21. R etirem en t o r S e p a ra tio n  fro m  Service. -
Consequent to the abolition of the OGCC and the PCGG, OGCC 
and PCGG officials and employees who have attained fifty (50) 
years of age and have rendered at least fifteen (15) years in 
governm ent service, the last five (5) years of which shall have
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been continuously rendered in the OGCC or the PCGG, shall be 
qualified for retirem ent with full retirem ent gratuity and pension 
p u rsu an t to applicable laws. Those who lack any one of the 
above qualifications shall receive a separation pay equivalent to 
one and a half (1 1/2) m onths for every year of service in 
government, 
which 
will 
be 
provided 
for 
in 
the 
General 
Appropriations Act. (n)
SECTION 22. 
Im plem enting R ules a n d  R eg u latio n s. —
Within thirty (30) days from the approval of this Act, the 
Solicitor General, in coordination with the Secretary of Budget 
and M anagem ent, shall prom ulgate such rules and regulations 
as may be necessary to carry out the provisions of this Act. 
Until such time th at the rules and regulations are prom ulgated 
and Section 21 of this law is im plemented, the officials and 
adm inistrative personnel of the OGCC and PCGG shall remain 
in their positions in a holdover capacity.
SECTION 23. R etro activ ity . -  The retirem ent benefits provided 
for in Section 8 and the survivorship benefits provided for under 
Section 14 of this Act shall have retroactive effect as of the date 
of effectivity of Republic Act No. 9417. (n)
SECTION 24. A p p ro p riatio n s. — The am ount necessary for the 
initial im plem entation of this Act shall be taken from the current 
appropriations of the OSG an d /o r its savings. Thereafter, such 
sum s as may be necessary for the continued im plem entation of 
this Act shall be included in the annual General Appropriations 
Act.
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SECTION 25. R ep ealing C lause. — Pertinent provisions of 
Executive Order No. 292, otherwise known as the Revised 
Administrative Code of 1987, as am ended. Republic Act No. 
9417, 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 repealed 
or am ended 
accordingly.
This Act expressly repeals Republic Act No. 2327 entitled “An act 
to declare the position of Government Corporate Counsel distinct 
and separate from that of the Solicitor General, provide for his 
appointment and salary and appropriate the necessary funds 
therefor, and fo r other purposes”, and Executive Orders No. 1 
entitled 
“Creating 
the 
Presidential 
Commission 
on 
Good 
Govem m enf and No. 2 entitled “Regarding the Funds, Moneys, 
A ssets and Properties Illegally Acquired or M isappropriated by 
Foremr President Ferdinand Marcos ...” , s. 1986, and, related 
laws.
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SECTION 26. S e p a ra b ility  C lause. — If any provision of this
2 
Act is declared invalid or unconstitutional, the provisions not
3 
affected thereby shall continue to be in full force and effect.
4 
SECTION 27. E ffectivity. — This Act shall take effect after
5 
fifteen (15) days from its publication in two national newspapers
6 
of general circulation.
Approved,
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