Legal basis and amended law
- Republic Act No. 6000 amends Republic Act No. 2327.
- The amendments also track Republic Act No. 2327 as previously amended by Republic Act No. 3838.
- The operative amendments specifically revise Section 1 and Section 2 of Republic Act No. 2327 as amended.
Policy and purpose statement
- The law declares the position of Government Corporate Counsel to be distinct and separate from that of the Solicitor General.
Position of Government Corporate Counsel
- Section 1 declares the Government Corporate Counsel as a principal law officer of all government-owned or controlled corporations.
- The Government Corporate Counsel is also the principal law officer of corporations the majority stock of which is owned or controlled by the Government.
- The Government Corporate Counsel is also the principal law officer of all instrumentalities of the Government performing proprietary functions.
- The Government Corporate Counsel heads the Office of the Government Corporate Counsel “as presently constituted”.
- The Government Corporate Counsel shall have the rank and privilege of an under-secretary of Department.
- The Government Corporate Counsel shall be appointed by the President of the Philippines with the consent of the Commission on Appointments.
- The Government Corporate Counsel shall receive compensation of twenty-two thousand pesos per annum.
Duties, control, and referral rules
- Section 1 requires that all government-owned or controlled corporations and other covered entities refer to the Government Corporate Counsel:
- all important legal questions for opinion, advice, and determination,
- all proposed contracts for legal action, and
- all important court cases for the Government Corporate Counsel’s services.
- Section 1 grants the Government Corporate Counsel control and supervision over all legal divisions maintained separately by covered corporations.
Restriction on hiring private counsel
- Section 1 prohibits any covered government-owned or controlled corporation from hiring a private law practitioner to handle any of its legal cases without the written consent of the Government Corporate Counsel or the Secretary of Justice.
Staffing, ranks, qualifications, and salaries
- Section 2 creates the positions of three assistant government corporate counsel, each with an annual salary of fifteen thousand pesos.
- The assistant government corporate counsel positions require qualifications the same as those prescribed for Judges of the Courts of First Instance.
- The assistant government corporate counsel are appointed by the President of the Philippines with the consent of the Commission on Appointments.
- When the Government Corporate Counsel is unable to perform duties or when there is a vacancy, the senior assistant government corporate counsel shall temporarily perform the functions, and in the absence of that senior, the next senior assistant government corporate counsel performs.
- Section 2 establishes thirty corporate attorneys, appointed by the President of the Philippines with the consent of the Commission on Appointments.
Corporate attorney salary schedule and qualifications
- Section 2 assigns corporate attorneys the following annual salaries:
- Five corporate attorneys at thirteen thousand two hundred pesos
- Five corporate attorneys at twelve thousand four hundred eighty pesos
- Four corporate attorneys at eleven thousand seven hundred sixty pesos
- Four corporate attorneys at ten thousand eight hundred eighty pesos
- Four corporate attorneys at ten thousand two hundred sixty pesos
- Four corporate attorneys at nine thousand five hundred forty pesos
- Four corporate attorneys at eight thousand eight hundred twenty pesos
- The qualifications for corporate attorneys under subparagraphs (a) to (f) must be the same as those prescribed for provincial fiscals.
- The qualifications for the corporate attorneys under subparagraph (g) require actual practice of law in the Philippines for at least three years, or having occupied during a like period within the Philippines a position requiring admission to the practice of law in the Philippines as an indispensable requisite.
Research attorneys and staff reclassification
- Section 2 provides for five research attorneys appointed by the Secretary of Justice upon the recommendation of the Government Corporate Counsel.
- The research attorneys’ annual salaries are:
- One senior research attorney at seven thousand three hundred twenty pesos per annum
- Two research attorneys at six thousand six hundred pesos per annum each
- Two research attorneys at five thousand eight hundred eighty pesos per annum each.
- Section 2 reclassifies administrative staff positions from specified salary ranges to specified salary ranges, including:
- Administrative Officer 43 (4,860–5,928) to 45 (5,376–6,552)
- Cashier & Disbursing Officer 38 (3,792–4,632) to 40 (4,188–5,112)
- Budget Officer 42 (4,632–5,640) to 44 (5,112–6,240)
- Administrative Assistant 39 (3,984–4,860) to 41 (4,404–5,376)
- Supervising stenographer 34 (3,108–3,792) to 36 (3,432–4,188)
- Stenographic Reporter 34 (3,108–3,792) to 36 (3,432–4,188)
- Stenographers 30 (2,544–3,108) to 32 (2,808–3,432)
- Private Secretary 34 (3,108–3,792) to 36 (3,432–4,188)
- Chief Records Officer 36 (3,432–4,188) to 38 (3,792–4,632)
- Supply Officer I 34 (3,108–3,792) to 36 (3,432–4,188)
- Records Officer I 33 (2,952–3,612) to 35 (3,264–3,984)
- Docket Clerk 31 (2,676–3,264) to 33 (2,952–3,612)
- Librarian 36 (3,432–4,188) to 38 (3,792–4,632)
- Security Guard 29 (2,424–2,952) to 31 (2,676–3,264)
- Clerical Aide 27 (2,196–2,676) to 29 (2,424–2,952)
- Janitor messenger 27 (2,196–2,676) to 29 (2,424–2,952).
Transitional protection for incumbents
- Section 3 provides that incumbent Assistant Government Counselors, Trial Attorneys, Research Attorneys, and members of the Administrative Staff receive the salary rates under Republic Act No. 6000 without the necessity of a new appointment.
- The Government Corporate Counsel must recommend the salary rate for each personnel based on competence, merit, rank, and seniority.
- Incumbents holding office as of the effectivity of the Act are not removed from office or demoted in salary by reason of the Act, except for cause and upon compliance with the due process provided for by law.
Funding and attorney’s fees disposition
- Section 4 directs that expenses for the maintenance of the Office of the Government Corporate Counsel are paid from assessments.
- The President of the Philippines shall determine and make the assessments upon:
- government-owned or controlled corporations, and
- corporations with majority stock owned or controlled by the Government, and
- instrumentalities of the Government performing proprietary functions.
- The assessed entities shall pay the assessments to the General Fund within the first quarter of every fiscal year.
- Section 4 appropriates that the General Fund shall advance sums necessary for maintenance.
- Section 4 provides that when a covered corporation or instrumentality is awarded attorney’s fees in a judicial proceeding handled by the Office of the Government Corporate Counsel, one-half of those attorney’s fees shall be paid directly to the General Fund.
Benefits and additional appropriation authority
- Section 5 authorizes covered government entities (government-owned or controlled corporations, majority government-owned corporations, and proprietary instrumentalities) to extend to Office of the Government Corporate Counsel personnel the benefits and privileges given to their corporate employees.
- Section 6 authorizes appropriation of sums necessary to carry out the Act out of any funds in the National Treasury not otherwise appropriated, in addition to amounts in the current Appropriations Act.
Repeal of contrary laws
- Section 7 repeals all laws contrary to the Act, including:
- provisions in the respective charters or laws creating covered government-owned or controlled corporations or corporations with majority government ownership, and
- all executive orders and regulations contrary to the Act.
Effectivity
- Section 8 provides that Republic Act No. 6000 takes effect upon its approval, and it was enacted without Executive approval on August 4, 1969.