Question & AnswerQ&A (OFFICE OF THE GOVERNMENT CORPORATE COUNSEL)
The OGCC Rules and Regulations cover all matters referred to the Office of the Government Corporate Counsel (OGCC) for advice or representation as the principal law office of all government-owned or controlled corporations (GOCCs), whether incorporated under law or created by a charter.
Clients of the OGCC include all government-owned or controlled corporations, their subsidiaries, corporate offsprings, government acquired asset corporations, government instrumentalities vested with corporate powers, government corporate entities, and government financial institutions.
The OGCC represents GOCCs in litigation, reviews contracts, prepares contracts when requested, renders legal opinions, supervises legal departments of GOCCs, mediates and arbitrates disputes, investigates administrative cases, conducts performance audits of legal departments, and exercises administrative supervision over GOCC legal departments.
GOCCs should generally refrain from engaging private lawyers. Private lawyers can only be engaged under exceptional circumstances with prior approval from the Government Corporate Counsel and the Commission on Audit, and will remain under the OGCC's supervision and control.
The OGCC handles all cases endorsed by GOCCs unless legal departments are deputized or private lawyers are authorized. Cases must be officially endorsed with detailed background, pertinent documents, and information about witnesses.
GOCCs must refer all important legal matters and proposed contracts to the OGCC through authorized officers, providing factual circumstances, legal issues, supporting documents, and other relevant information. Contracts should be submitted for review before signing.
The OGCC acts as mediator or arbitrator for disputes among GOCCs, encouraging settlement through mediation, early neutral evaluation, or arbitration. The mediation process is confidential, involves joint and separate conferences, and arbitration procedures provide for hearings and recommendations binding upon approval.
The OGCC may designate lawyers as hearing officers or prosecutors for administrative cases. Civil Service Rules and internal GOCC rules apply. Designated lawyers must ensure speedy disposition, rendering formal investigation reports within thirty days.
The OGCC has the power to enforce the Property Insurance Law pursuant to Republic Act 656, as amended by P.D. 245, in domestic and international transactions on its own initiative.
The OGCC is composed of the Government Corporate Counsel, Deputy Government Corporate Counsel, Assistant Government Corporate Counsels, and other legal staff appointed accordingly. The legal staff are organized into teams by sector, each headed by an Assistant Government Corporate Counsel, with overall supervision by the Government Corporate Counsel and Deputy.