QuestionsQuestions (Republic Act No. 9417)
RA 9417 declares it the State’s policy to protect the rights and promote the welfare of the Filipino worker and, to ensure efficient and effective legal service of the government, it aims to expand and streamline the Office of the Solicitor General (OSG), upgrade employee skills and benefits, and augment employee welfare.
The OSG should have at least thirty (30) legal divisions (up from fifteen). Each division is permanently headed by an Assistant Solicitor General.
Each division should consist of ten (10) lawyers and such other personnel as may be necessary for the OSG to effectively carry out its functions.
The administrative structure shall be reorganized into three services: Financial Management Service, Docket and Case Management Services, and the Human Resources Management Service, each composed of necessary divisions and sections.
They thereafter occupy the positions mandated by the Act and discharge the duties of their new positions, receiving 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.
An Assistant Solicitor General has the same qualifications as an Associate Justice of the Court of Appeals; Solicitors’ qualifications for appointment, rank, prerogatives, salaries, and privileges are aligned with judges—Senior State Solicitor (RTC Judge), State Solicitor II (MeTC Judge), and State Solicitor I (MTC in Cities Judge).
The Solicitor General.
Solicitor General: salary grade 30 (from) to 31 (to). Assistant Solicitor General: salary grade 29 (from) to 30 (to).
The positions and salaries of non-legal personnel in the OSG shall be raised to the level of their counterparts in the Court of Appeals.
Examples include: (1) health care services through an HMO (with executive check-up for certain officials at OSG expense); (2) accident insurance during official travel; (3) scholarships to deserving employees on official time at OSG expense; (4) a provident fund funded by both the OSG and its lawyers/employees into a common fund.
Subject to availability of funds, fees for relevant seminars and professional membership fees for lawyers, registration fees, and related miscellaneous expenses for mandatory continuing legal education (MCLE); and professional membership/registration fees and related expenses for other employees requiring a professional license (including mandatory CPE), are borne by the OSG.
Subject to availability of funds, employees shall be provided with contracted transportation services until the OSG can procure additional motor vehicles for the purpose.
All official mail matters and telegrams addressed for delivery within the Philippines are received, transmitted, and delivered free of charge, except that when addressed to private persons or non-government offices, the mail matters must not exceed 120 grams.
It is funded from: (i) five percent (5%) of monetary awards given by courts to client government departments/agencies/instrumentalities (including court-approved compromise agreements); (ii) fifty percent (50%) of fees collected by the Special Committee on Naturalization; and (iii) all other income/fees/revenues earned and collected by the OSG. The amounts collected constitute a trust fund managed by the Solicitor General.
Upon implementation of subsequent increases in RA 6758 rates, special allowances under Section 10 shall be considered implementation of the salary increases as provided by law. The allowance equivalent to the increase in basic salary is converted into basic salary funded from regular appropriations; any excess allowances not converted continue as allowances funded under the funding source in Section 11.
It takes effect after fifteen (15) days from publication in two national newspapers of general circulation. The text also notes it lapsed into law on March 30, 2007 without the signature of the President in accordance with Article VI, Section 27(1) of the Constitution.