Title
Strengthening the Office of the Solicitor General
Law
Republic Act No. 9417
Decision Date
Mar 30, 2007
Republic Act No. 9417 enhances the Office of the Solicitor General by expanding its staff, upgrading employee skills and benefits, and ensuring efficient legal services through increased funding and streamlined operations.
A

Expansion of the Office

  • Legal staff increased from 15 to at least 30 legal divisions.
  • Each division headed by an Assistant Solicitor General; each division to have 10 lawyers plus necessary personnel.
  • Corresponding increase in general and administrative personnel and office space.
  • Reorganization of administrative structure into Financial Management Service, Docket and Case Management Services, and Human Resources Management Service.
  • Current personnel will transition to new positions with corresponding salary and benefits without new appointments.

Standards for Appointment and Rank

  • Solicitor General to have cabinet rank; qualifications and privileges equal to Presiding Justice of the Court of Appeals.
  • Assistant Solicitors General equivalent to Associate Justice of the Court of Appeals.
  • Senior State Solicitor, State Solicitors II and I to have ranks equivalent respectively to Regional Trial Court, Metropolitan Trial Court, and Municipal Trial Court in Cities Judges.
  • Solicitor General sets qualifications and responsibilities for Associate Solicitors.

Compensation

  • Specified salary grades for positions from Solicitor General (SG) down to Associate Solicitor I.
  • Non-legal personnel salaries elevated to the level of Court of Appeals counterparts.
  • Provision to match future salary increases granted to their Court of Appeals counterparts subject to available funds.

Employee Benefits and Welfare

  • Health care services through Health Maintenance Organization (HMO), including annual executive check-ups for top officials.
  • Accident insurance coverage for employees during official travels at the office's expense.
  • Scholarships for deserving employees during official time, selected through competitive exams.
  • Provident fund created from joint contributions of employees and OSG for benefits payment.

Professional Development and Other Fees

  • OSG to cover seminar fees, professional membership fees, registration fees, and mandatory continuing legal education (MCLE) related expenses for lawyers.
  • Similar professional licensure and continuing professional education (CPE) related expenses for other employees whose positions require licenses.

Transportation Benefits

  • Contracted transportation services provided to employees subject to fund availability until additional vehicles can be procured.

Additional Benefits

  • Legal staff allowed to receive honoraria and allowances from government client departments consistent with Executive Order No. 292.

Franking Privilege

  • Official mail and telegrams of the OSG for domestic delivery are transmitted free of charge.
  • Mail to private persons or non-government offices is limited to 120 grams.

Grant of Special Allowances

  • Special allowances granted to Solicitor General and legal ranks, with amounts determined jointly by the Budget Secretary and the Solicitor General.
  • Special allowances capped at 100% of the basic salary under the Salary Standardization Law.

Funding Sources

  • Implementation funded by: (i) 5% of monetary awards to government clients from courts including in compromise agreements; (ii) 50% of fees from the Special Committee on Naturalization; (iii) other income, fees, and revenues earned by the OSG.
  • OSG authorized to charge fees for deputation, certification, etc.; these revenues form a trust fund managed by the Solicitor General for Act implementation.

Effect of Subsequent Salary Increases

  • Future salary increases under the Salary Standardization Law to absorb special allowances.
  • Allowances converted into basic salary and funded from OSG regular appropriations.
  • Excess allowances not converted remain as such and funded from OSG trust fund.

Implementing Rules and Regulations

  • Within 60 days of enactment, the Solicitor General with the Budget Secretary to promulgate rules and regulations to enforce the Act.

Appropriations

  • Expansion and reorganization to be funded from the OSG's annual budget under the General Appropriations Acts.

Repealing Clause

  • Provisions inconsistent with this Act from Executive Order No. 292, RA 9139, various Executive Orders, and Administrative Orders are repealed or amended.

Separability Clause

  • If any part of the Act is declared invalid or unconstitutional, remaining provisions continue in full force.

Effectivity

  • The Act takes effect 15 days after publication in two national newspapers of general circulation.

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