OGCC Rules on Legal Authority over GOCCs

The OGCC is mandated to protect the legal interests of GOCCs and provide legal services with integrity, excellence, and professionalism.
It acts under the rule of law to uphold justice.

Represent GOCCs in litigation before courts or quasi-judicial bodies, both domestic and foreign.
Review, recommend revisions, or prepare contracts referred by GOCCs.
Render legal opinions on important legal questions.
Special assignments include mediation, arbitration, hearing administrative disciplinary cases, conducting performance audits, supervising in-house lawyers, conducting fact-finding, serving as corporate officers upon request, and participating in technical or management committees.
Power of administrative supervision over GOCC legal departments to ensure good legal practice.
Authority to enforce the Property Insurance Law in relevant transactions.
Power to assess and receive attorney's fees, which are prudently used to support OGCC operations and employee benefits.

Composed of the Government Corporate Counsel, Deputy, Assistant Corporate Counsels, and other legal staff ranked from Government Corporate Attorney I to IV and Associate levels.
Supported by an administrative staff appointed by the Government Corporate Counsel.
Legal staff organized into specialized teams based on sectors such as Banking & Finance, Environment, Transportation, Agriculture, etc.
Team leaders report directly to the Government Corporate Counsel who supervises the entire office.

OGCC handles all GOCC cases unless their legal departments are deputized or private lawyers engaged under strict conditions.
Cases accepted only upon formal endorsement.
Referred cases must include detailed background, pertinent documents, and contact information.

All GOCC contracts must be submitted to the OGCC before signing, except for justifiable exceptions.
Requests for opinions or contract reviews must include facts, issues, relevant documents, and other necessary information.
No opinions will be given on issues pending before courts or tribunals.

OGCC lawyers may be designated as hearing officers or prosecutors in administrative disciplinary proceedings against GOCC employees.
Civil Service Rules and applicable GOCC internal rules govern proceedings.
Strict timelines and procedures are in place to ensure speedy disposition.
Venue is normally at OGCC offices unless otherwise agreed.
Investigation reports are reviewed and approved before submission to the GOCC.

OGCC represents GOCC complainants in criminal cases arising from GOCC complaints.
Legal assistance includes prosecution in all stages and recovery of civil liabilities.

Private lawyers may only be engaged with prior approval of the Government Corporate Counsel and Commission on Audit.
Private lawyers remain under OGCC supervision and control.
OGCC reserves the right to reclaim handling of cases as needed.

OGCC promotes ADR modalities such as mediation, arbitration, and early neutral evaluation to resolve GOCC disputes.
ADR processes respect confidentiality, party autonomy, prompt and amicable resolution.
Defined terms include mediation (voluntary negotiation facilitation), arbitration (neutral decisionmaker rendering award), and early neutral evaluation (non-binding case assessment).

Applies to disputes between or among GOCCs that do not involve constitutional or public policy issues.
Mediators are OGCC lawyers who must not become hearing officers if mediation fails.
Mediation proceedings are confidential; parties are expected to attend and cooperate.
Procedure includes initial joint conference, possible caucuses, and attempts to reach settlement within prescribed periods.
Successful mediations lead to compromise agreements within 15 days.
Settlement agreements are deposited with the Government Corporate Counsel pending approval.

Any GOCC-related dispute may be referred to arbitration.
Arbitration initiated by notice filed with OGCC, including claims and relief sought.
Respondent files answer and possible counterclaims.
Statements composed of pleadings including replies and rejoinders.
Hearing officers appointed from within OGCC legal staff.
Hearings conducted mostly on documentary evidence, with oral hearings limited and scheduled in advance.
Hearing officers manage witnesses, evidence, and maintain discretion over proceedings.
Recommendations rendered within 30 days post-hearing; subject to Government Corporate Counsel approval.
Approved recommendations endorsed to Secretary of Justice; final and binding unless appealed.
Settlements during arbitration form basis for arbitral award.

Parties in mediation or arbitration pay fees as determined by Government Corporate Counsel.
Amendments to these rules are made by the Government Corporate Counsel, with prospective application and take effect 15 days after publication.

Repeals all inconsistent previous issuances.
Contains separability clause ensuring continued effect of remaining provisions if any part is invalidated.
Rules effective 15 days after publication.