QuestionsQuestions (Republic Act No. 6000)
Republic Act No. 2327, as amended, and further amended by Republic Act No. 6000.
The Government Corporate Counsel is appointed by the President with the consent of the Commission on Appointments.
He has the rank and privilege of an under-secretary of the Department and receives compensation of twenty-two thousand pesos per annum.
The Government Corporate Counsel is the principal law officer of all government-owned or controlled corporations.
They must refer to him all important legal questions for opinion, advice, and determination; all proposed contracts; and all important court cases for his services.
He exercises control and supervision over all legal divisions maintained separately by said corporations.
No GOCC shall hire a private law practitioner for any legal case without the written consent of the Government Corporate Counsel or the Secretary of Justice.
Three assistant government corporate counsel positions are created; they are appointed by the President with the consent of the Commission on Appointments.
The senior assistant government corporate counsel temporarily performs the functions; in his absence, the next senior assistant government corporate counsel.
There shall be thirty corporate attorneys, with salary categories listed in subparagraphs (a) to (g), each with specified annual amounts and number of positions per salary level.
For positions under subparagraphs (a) to (f), qualifications are the same as those prescribed for provincial fiscals. For subparagraph (g), they must be actual practice of law in the Philippines for at least three years (or have held a position requiring admission to practice law in the Philippines for the same period).
Research attorneys are appointed by the Secretary of Justice upon recommendation of the Government Corporate Counsel. There are five: one senior research attorney and two plus two research attorneys, with different annual salary amounts specified for each category.
No. The incumbents (assistant government counselors, trial attorneys, research attorneys, and administrative staff) receive the salary rates without the necessity of a new appointment, upon recommendation of the Government Corporate Counsel.
They shall not be removed or demoted in salary by reason of the Act’s effectivity except for cause and upon compliance with due process provided by law.
Paid from assessments determined by the President on GOCCs and certain government-owned corporations/instrumentalities performing proprietary functions, to be paid to the General Fund within the first quarter of every fiscal year; the General Fund also advances necessary sums.
Whenever attorney’s fees are awarded in a judicial proceeding handled by the Office, one-half of the attorney’s fees shall be paid directly to the General Fund.
All laws contrary to RA 6000—especially provisions in respective charters or laws creating GOCCs/instrumentalities, and contrary executive orders and regulations—are repealed.