QuestionsQuestions (PRESIDENTIAL DECREE NO. 478)
The OSG represents the Government of the Philippines, its agencies and instrumentalities, and its officials and agents in any litigation, proceeding, investigation, or matter requiring a lawyer, and it serves as the law office of the Government.
Yes. When authorized by the President or the head of the office concerned, the OSG may also represent GOCCs.
The OSG represents the Government in the Supreme Court and the Court of Appeals in all criminal proceedings.
The OSG represents the Government and its officers in the Supreme Court, the Court of Appeals, and all other courts or tribunals in all civil actions and special proceedings where the Government or any officer thereof in his official capacity is a party.
It may proceed against any person, corporation, or firm for enforcement of any contract, bond, guarantee, mortgage, pledge, or other collateral executed in favor of the Government.
The Solicitor General may employ counsel to assist in the discharge of the aforementioned responsibilities.
The OSG may appear in any court in any action involving the validity of any treaty, law, executive order or proclamation, rule or regulation when, in his judgment, his intervention is necessary, or when requested by the court.
The OSG must appear in all proceedings involving the acquisition or loss of Philippine citizenship.
The OSG represents the Government in all land registration and related proceedings and institutes actions for reversion to the Government of lands of the public domain and improvements thereon, as well as lands held in violation of the Constitution.
Upon request of the President or other proper officer of the National Government, the OSG prepares rules and guidelines for entities governing the preparation of contracts, making of investments, undertaking of transactions, and drafting of forms or other writings for official use—aimed at facilitating enforcement and ensuring conformity with law and best interests of the public.
Whenever the Solicitor General believes public interest requires, he may deputize any provincial or city fiscal to assist him in performing functions or discharging duties incumbent upon him, within the fiscal’s jurisdiction. When deputized, the fiscal is under the control and supervision of the Solicitor General regarding assigned proceedings and may be required to submit reports or information.
The Solicitor General may deputize legal officers to assist him and appear or represent the Government in cases involving their respective offices, and the Solicitor General exercises supervision and control over such legal officers with respect to those cases.
He may call on any department, bureau, office, agency, or instrumentality for service, assistance, and cooperation as necessary and enlist government officials or employees in pursuit of his tasks. Agencies to whom the OSG renders legal services may disburse funds from sundry operating and other funds for the OSG, and the OSG may receive allowances as provided by the concerned offices in addition to regular compensation.
Upon instructions of the President, the OSG represents the Republic in international litigations, negotiations, or conferences where the legal position of the Republic must be defended or presented.
The OSG may act and represent the Republic and/or the people before any court, tribunal, body, or commission in any matter, action, or proceeding which, in his opinion, affects the welfare of the people as the ends of justice may require.
The Solicitor General has the same rank, qualifications, and salary as an Associate Justice of the Court of Appeals; Assistant Solicitors General have the same rank, qualifications, and salary as judges of Courts of First Instance. No one may be appointed Solicitor unless he is a Philippine citizen, a member of the Philippine Bar, and has at least four (4) years of experience in the practice of law. They are appointed by the President.
It is under the supervision and control of the Solicitor General, responsible for collection and recovery of funds and properties owing to the Government, headed by an Executive Director (assisted by an Assistant Executive Director), and it has state counsel-lawyers, accountants, and other personnel as may be provided by law.
It administers, directs, and supervises collection and recovery of government assets and properties owing to the Government; investigates and recovers assets and money claims of government-owned or controlled corporations as directed by the Solicitor General; and investigates and, if necessary, files charges against erring government personnel responsible or implicated in the loss of government properties or other assets.