Defining Powers of Solicitor General

Policy and purpose statement

The decree establishes that the Office of the Solicitor General plays a vital role in handling constitutional and other important litigations before the Supreme Court and other courts or tribunals.
The decree recognizes that statutory rules defining the Office’s powers and functions are scattered across amendatory laws, agency charters, other statutes, the Rules of Court, and executive orders.
The decree declares the need to clarify and codify existing provisions defining the powers, functions, duties, and other aspects of the Office.

Office of the Solicitor General—core role

The Office of the Solicitor General represents the Government of the Philippines, its agencies and instrumentalities, and its officials and agents in any litigation, proceeding, investigation, or matter requiring the services of a lawyer.
When authorized by the President or the head of the office concerned, it represents government-owned or controlled corporations.
The Office constitutes the law office of the Government and discharges duties requiring the services of a lawyer.
Section 1 grants the Office specific powers and functions including representation and legal action in specified categories of cases and matters.

Litigation and representation powers

The Office represents the Government in the Supreme Court and the Court of Appeals in all criminal proceedings.
The Office represents the Government and its officers in the Supreme Court, the Court of Appeals, and all other courts or tribunals in all civil actions and special proceedings where the Government or an officer thereof is a party in his official capacity.
The Office may investigate, initiate court action, or proceed against any person, corporation, or firm for enforcement of any contract, bond, guarantee, mortgage, pledge, or other collateral executed in favor of the Government.
Where proceedings are to be conducted outside of the Philippines, the Solicitor General may employ counsel to assist in performing the aforementioned responsibilities.
The Office appears in any court in any action involving the validity of any treaty, law, executive order or proclamation, rule or regulation when its intervention is necessary in its judgment or when requested by the court.

Citizenship, land registration, and reversion actions

The Office appears in all proceedings involving the acquisition or loss of Philippine citizenship.
The Office represents the Government in all land registration and related proceedings.
The Office institutes actions for reversion to the Government of:
- lands of the public domain and improvements thereon, and
- lands held in violation of the Constitution.

Government contracts, deputization, and coordination

Upon request of the President or other proper officer of the National Government, the Solicitor General prepares rules and guidelines for government entities for:
- preparation of contracts,
- making of investments,
- undertaking of transactions, and
- drafting of forms or other writings needed for official use.
The rules and guidelines are intended to facilitate enforcement, ensure compliance with law, and ensure that entries or preparation are for the best interests of the public.
The Solicitor General may deputize any provincial or city fiscal to assist in the performance of any function or duty incumbent upon the Solicitor General, whenever the public interest requires, within the fiscal’s jurisdiction.
When deputized, the fiscal is under the control and supervision of the Solicitor General regarding the conduct of the assigned proceedings, and the fiscal may be required to render reports or furnish information about the assignment.

Legal officers assistance and funding authority

The Solicitor General may deputize legal officers of government departments, bureaus, agencies, and offices to assist and appear or represent the Government in cases involving their respective offices.
Deputized legal officers are subject to the Solicitor General’s supervision and control with respect to such cases.
Government departments, bureaus, agencies, offices, instrumentalities, and corporations served by the Office of the Solicitor General are authorized to disburse funds from their sundry operating and other funds for the Office.
The decree authorizes the Solicitor General and staff to receive allowances provided by the concerned government offices, instrumentalities, and corporations, in addition to their regular compensation.

International and public welfare representation

Upon instructions of the President, the Office represents the Republic of the Philippines in international litigations, negotiations, or conferences where the legal position of the Republic must be defended or presented.
The Office acts and represents the Republic and/or the people before any court, tribunal, body, or commission in any matter, action, or proceeding that, in the Solicitor General’s opinion, affects the welfare of the people as the ends of justice may require.
The Office performs other functions provided by law.

Organization and head of office

The Office is headed by a Solicitor General.
The Solicitor General is assisted by a Legal Staff composed of such number of Assistant Solicitors General, Solicitors, and trial Attorneys as provided by law.
The Office is authorized to have such other staffs and operating units as are or may be provided by law.
The Investigation and Recovery Office provided in the decree is placed under the Office of the Solicitor General.

Qualifications and appointments

The Solicitor General has the same rank, qualifications for appointment, and salary as an Associate Justice of the Court of Appeals.
Assistant Solicitors General have the same rank, qualifications for appointment, and salary as the judges of Courts of First Instance.
No person may be appointed as Solicitor unless the person is:
- a citizen of the Philippines,
- a member of the Philippine Bar, and
- recognized for competence with experience in law practice of at least four (4) years.
The Solicitor General and Assistant Solicitors General (who must be officers learned in the law) are appointed by the President.
The decree provides that Solicitors are also appointed by the President.

Attorneys and experts assistance power

The Solicitor General may employ, retain, and compensate—on a contractual basis—attorneys, experts, or technical personnel to assist in discharging duties.
Employment is allowed when necessary and after consultation with the government entity concerned.
Such assistants are employed in the name of the Government.
Compensation and expenses of such assistants may be charged to the agency or office in whose behalf the services are rendered.

Investigation and Recovery Office—functions

The Investigation and Recovery Office is under the supervision and control of the Solicitor General.
The Investigation and Recovery Office is responsible for the collection and recovery of funds and properties owing to the Government.
It is headed by an Executive Director, who may be assisted by an Assistant Executive Director.
It has such number of state counsel-lawyers, accountants, and other personnel as may be provided by law.
The Office must administer, direct, and supervise the collection and recovery of government assets, stocks, funds, and other real or personal properties owing to the Government.
It must investigate and recover, according to law, assets, money claims, and properties owing to the Government by government-owned or controlled corporations as directed by the Solicitor General.
It must investigate and, if necessary, file charges against erring government personnel responsible for or implicated in the loss of properties or other assets of the Government.
It performs other functions assigned by the Solicitor General, or as otherwise provided by law or executive order.

Relevance, sanctions, and repeal

The decree provides the operational framework and powers for the Office of the Solicitor General and the Investigation and Recovery Office, with no penalty or fine provisions stated in its operative sections.