Title
Strengthening the Office of the Solicitor General
Law
Republic Act No. 9417
Decision Date
Mar 30, 2007
Republic Act No. 9417 enhances the Office of the Solicitor General by expanding its staff, upgrading employee skills and benefits, and ensuring efficient legal services through increased funding and streamlined operations.

Questions (Republic Act No. 9417)

To protect the rights and promote the welfare of Filipino workers, and to ensure efficient and effective legal service of the Government by expanding and streamlining the OSG to meet the Republic’s growing need for legal services.

From fifteen (15) legal divisions to at least thirty (30) legal divisions.

Each division is permanently headed by an Assistant Solicitor General and shall consist of ten (10) lawyers and such other personnel as may be necessary.

Into the Financial Management Service, Docket and Case Management Services, and the Human Resources Management Service.

They shall thereafter occupy the positions mandated by the Act, discharge the duties/functions of the new positions, and receive the corresponding salary and benefits without the necessity of any new appointment.

The Solicitor General shall have cabinet rank and the same qualifications for appointment, rank, prerogatives, salaries, allowances, benefits, and privileges as the Presiding Justice of the Court of Appeals.

Solicitor General: Presiding Justice of the Court of Appeals; Assistant Solicitor General: Associate Justice of the Court of Appeals; Senior State Solicitor: Regional Trial Court Judge; State Solicitor II: Metropolitan Trial Court Judge; State Solicitor I: Municipal Trial Court in Cities Judge.

The Solicitor General shall determine the qualifications, prerogatives, and responsibilities of the Associate Solicitors.

Solicitor General: Grade 30 to 31; Assistant Solicitor General: Grade 29 to 30.

Including: (1) HMO health care with executive check-up expenses for certain officials paid by the office; (2) accident insurance during official travel at the office’s expense; (3) scholarships for deserving employees on official time via competitive examination; and (4) a provident fund funded by both the office and its lawyers/employees for benefits to them or their heirs.

Fees for relevant seminars, professional membership fees, registration fees, and related miscellaneous expenses incurred to complete mandatory continuing legal education (MCLE); also professional membership/registration fees and related miscellaneous expenses for other employees requiring a professional license, including CPE.

Employees shall be provided with contracted transportation services until the office can procure additional motor vehicles for this purpose, subject to the availability of funds.

Consistent with Executive Order No. 292 (Revised Administrative Code of 1987), the legal staff are allowed to receive honoraria and allowances from client departments/agencies/instrumentalities of the Government, without violating efficiency in the service.

All official mail/telegrams addressed for delivery within the Philippines are free of charge; however, when addressed to private persons or non-government offices, the mail must not exceed 120 grams.

Funds come from: (i) 5% of monetary awards by courts to client government agencies (including compromise agreements approved by court); (ii) 50% of fees collected by the Special Committee on Naturalization; and (iii) other income/fees/revenues earned/collected by the OSG, with authorization to charge deputation/certification/similar fees. Collected amounts constitute a trust fund in the name of the OSG to be managed and used to implement the Act.

Special allowances are considered implementation of the salary increases as provided by law; amounts equivalent to the increase in basic salary may be converted into basic salary funded from regular appropriations. Any excess not converted remains as allowances and continues to be funded under RA 9417’s trust-fund funding scheme.


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