Title
Strengthening of Office of the Solicitor General
Law
Republic Act No. 9417
Decision Date
Mar 30, 2007
Republic Act No. 9417 strengthens and expands the Office of the Solicitor General in order to improve legal services to the government, enhance employee skills, and provide various benefits and privileges to OSG employees.

Expansion of Staff and Structure

  • Legal divisions in the OSG will be increased from 15 to at least 30.
  • Each legal division, headed by an Assistant Solicitor General, will have 10 lawyers plus necessary personnel.
  • Support and administrative personnel shall also be increased with provisions for adequate office space.
  • The administrative structure will be reorganized into: Financial Management Service, Docket and Case Management Services, and Human Resources Management Service.
  • Current officials will occupy new positions created without need for reappointment, with corresponding salary and benefits.

Standards for Appointment and Rank

  • Solicitor General will have cabinet rank equivalent to the Presiding Justice of the Court of Appeals.
  • Assistant Solicitors General will have qualifications and rank equivalent to Associate Justices of the Court of Appeals.
  • Solicitors’ ranks correspond to judicial positions: Senior State Solicitor to Regional Trial Court Judge; State Solicitor II to Metropolitan Trial Court Judge; State Solicitor I to Municipal Trial Court Judge.
  • Solicitor General determines qualifications and responsibilities of Associate Solicitors.

Compensation Structure

  • Salary grades range from 18 to 31 depending on position, from Associate Solicitor I to Solicitor General.
  • Non-legal personnel salaries raised to be on par with their Court of Appeals counterparts.
  • Salaries and benefits may be further increased subject to fund availability to match future Court of Appeals adjustments.

Employee Benefits and Welfare

  • Possible provision of health care services through an HMO, including mandatory executive check-ups borne by the Office for top officials.
  • Accident insurance coverage during official travel.
  • Scholarships for deserving employees to promote academic growth, selected via competitive exams.
  • A provident fund with contributions from both OSG and employees for payments to employees or their heirs.

Support for Professional Development

  • Fees for relevant seminars, professional memberships, registration, and continuing legal education for lawyers and licensure-required employees are funded by the OSG.

Transportation and Other Benefits

  • Provision of contracted transportation services subject to fund availability until OSG procures its own vehicles.
  • Legal staff may receive honoraria and allowances from client government agencies consistent with existing laws.

Franking Privilege

  • Official mail and telegrams within the Philippines are free of charge if addressed to government entities.
  • Mail to private persons or non-government organizations must not exceed 120 grams.

Special Allowances

  • Special allowances for legal officers determined by the Department of Budget and Management in consultation with the Solicitor General.
  • The allowances shall not exceed 100% of the basic salary as per existing Salary Standardization Law.

Funding Sources

  • Funding is sourced from:
    • 5% of monetary awards granted by courts to government client agencies.
    • 50% of fees collected by the Special Committee on Naturalization.
    • Other income, fees, and revenues earned by the OSG.
  • OSG authorized to charge fees for deputation, certifications, and similar legal services.
  • Funds constitute a trust fund managed by the Solicitor General.

Impact of Future Salary Increases

  • Special allowances serve as implementation of any future salary increases under the Salary Standardization Law.
  • Allowances equivalent to salary increase shall be converted to basic salary funded by regular appropriations.
  • Excess allowances beyond converted amount continue to be funded as allowances.

Implementing Rules and Regulations

  • The Solicitor General, in coordination with the Budget Secretary, will issue necessary rules within 60 days of enactment.

Appropriations

  • Expansion and streamlining costs will be charged against the OSG budget under annual General Appropriations Acts.

Repealing Clause

  • Repeals or amends laws, decrees, or orders inconsistent with this Act, including provisions of the Revised Administrative Code and previous relevant Executive Orders.

Separability Clause

  • Invalidity or unconstitutionality of any provision does not affect the remaining provisions which remain in full force.

Effectivity

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

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