Title
Amendment on OSG's Acting Appointment
Law
Presidential Decree No. 212
Decision Date
Jun 11, 1973
Presidential Decree No. 212 amends the Revised Administrative Code to allow for a more flexible and discretionary selection process for a substitute in the Office of the Solicitor General, prioritizing superior handling of litigation and efficient administration.

Law Summary

Hierarchy and Salary Structure within the Office of the Solicitor General

  • The Solicitor General is the chief official of the Office.
  • The salary of the Solicitor General is set equivalent to that of a Justice of the Court of Appeals.
  • The Solicitor General is assisted by ten Assistant Solicitors General.
  • The salary for each Assistant Solicitor General is equivalent to that of a Judge of the Court of First Instance.

Temporary Performance of Solicitor General's Functions

  • When the Solicitor General is unable to perform duties or there is a vacancy:
    • One of the ten Assistant Solicitors General, designated by the Department Head, will temporarily perform the functions of the Office.
  • Removal of automatic designation based on seniority among Assistant Solicitors General.

Rationale for the Amendment

  • To enhance superior handling of litigation affecting the State.
  • To improve administration efficiency within the Office of the Solicitor General.
  • To allow discretion and flexibility in choosing a temporary substitute for the Solicitor General.
  • Such discretion is deemed necessary due to the sensitivity and importance of the position.

Legal Authority and Implementation

  • Decreed by President Ferdinand E. Marcos under his constitutional powers as Commander-in-Chief.
  • Issued pursuant to Proclamation No. 1081 and General Order No. 1.
  • The order was enacted as part of the law of the land on June 11, 1973, in Manila.

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