Office of the Chief State Counsel Act

Senate one of the or clat TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 AUG 27 A9:23 First Regular Session SENATE RECEIVED BY: S. No. 1262 Introduced by Senator Loren Legarda AN ACT STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, EXPANDING, RATIONALIZING, AND FURTHER PROFESSIONALIZING ITS ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Executive Order No. 292, or the Administrative Code of 1987, provides that the Department of Justice (DO]) shall serve as the principal law agency of the government. It carries out this role through two central components within the DOJ Proper: the National Prosecution Service, as the prosecution arm, and the Legal Staff, which serves as legal counsel. Over the years, the scope, complexity, and national significance of the Legal Staff's responsibilities have greatly expanded, encompassing the rendering of legal opinions, drafting of legislation, treaty negotiations, international legal cooperation, and inter-agency adjudication, among others. Despite its critical role, the Legal Staff remains under-resourced and structurally constrained. While its counterparts within the justice system have undergone institutional upgrading and now benefit from enhanced career progression and compensation, the Legal Staff has yet to receive comparable recognition. This has led to the steady attrition of experienced legal officers to other branches of government. This bill seeks to strengthen the Legal Staff by renaming it as the Office of the Chief State Counsel, redefining its powers, rationalizing its organizational structure,

and providing a system of compensation and retirement benefits commensurate with the scope of its duties. By doing so, the measure aims to enhance the delivery of legal services within the Executive, promote institutional continuity, and retain competent lawyers in public service. In reinforcing the State's internal legal machinery, this bill ultimately contributes to improved governance, better coordination across agencies, and more consistent interpretation and implementation of the laws. In view of the foregoing, the passage of this measure is earnestly sought. LOREN LEGARDA

Senate Office of the Ser earp ) TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 AUG 27 A9:24 First Regular Session SENATE RECEIVED BY: S. No. 1262 Introduced by Senator Loren Legarda AN ACT STRENGTHENING THE LEGAL STAFF OF THE DEPARTMENT OF JUSTICE, RENAMING IT AS THE OFFICE OF THE CHIEF STATE COUNSEL, REDEFINING, EXPANDING, RATIONALIZING, AND FURTHER PROFESSIONALIZING ITS ORGANIZATION, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Office of the Chief State

2 Counsel Act".

Sec. 2. Office of the Chief State Counsel. - The Legal Staff created under

Republic Act No. 2705, as amended by Republic Act No. 4152, shall be renamed the 5 "Office of the Chief State Counsel".

Sec. 3. State Counsel. - Unless otherwise specified, the term "State Counsel"

7 shall refer to the Chief State Counsel, Deputy Chief State Counsel, Senior State 8 Counsel, or State Counsels I to IV.

Sec. 4. Powers and Functions. - The Office of the Chief State Counsel (OCSC)

shall be under the supervision and control of the Secretary of Justice. The OCSC shall have the following powers and functions: (a) Render legal opinion or advice on questions of law arising from the performance of powers and duties of the Secretary of Justice, and upon request of department heads, bureau chiefs, and officers of equivalent rank of national government functionaries;

(b) Prepare and submit to the Secretary of Justice the following: (1) Comments and position papers on proposed legislation, whenever there are legal issues involved; (2) Opinions or comments on the legality and validity of foreign loan and guarantee agreements, and, in certain cases, agreements related to domestic borrowings; (c) Lead negotiations of treaties, conventions, or agreements involving international legal cooperation, including extradition, mutual legal assistance in criminal matters, and transfer of sentenced persons; (d) Act on requests for mutual legal assistance in criminal matters, extradition, transfer of sentenced persons, and other forms of international legal cooperation; (e) Represent and serve as counsel for the requesting state in all stages of cases relating to extradition and mutual legal assistance in criminal matters; (f) Serve as legal adviser to other government agencies in the negotiation and implementation of international agreements, and whenever so requested, lead in the negotiations involving legal and institutional issues; (g) Represent the Secretary of Justice or the Department of Justice (DOJ) as the designated Central Authority in treaties, conventions, and other international agreements; (h) Serve on standing councils, committees, working groups, and task forces, as required; (i) Review Orders of the Bureau of Immigration, including recognition of Filipino citizens or cancellation of alien certificate of registration, and deportation cases; (i) Adjudicate disputes, claims, and controversies between or among government offices, agencies and instrumentalities, including government-owned and -controlled corporations, when only questions of law are raised; (k) Review the legality and validity of tax ordinances and revenue measures;

(I) Act on applications for the following: (1) Special non-immigrant visas under Section 47(a)(2) of Commonwealth Act No. 613 or the "Philippine Immigration Act of 1940", as amended; (2) Special authority to employ foreign nationals under Commonwealth Act No. 108 or the "Anti-Dummy Law", as amended; (3) Recognition of refugee and statelessness status; (4) Validation of land titles filed pursuant to Presidential Decree No. 1271 titled "An Act Nullifying Decrees of Registration and Certificates of Title Covering Lands Within the Baguio Townsite Reservation"; (m) Supervise the Department Law Library and personnel; and (n) Exercise such other powers and functions as may be provided by law or delegated by the Secretary of Justice.

Sec. 5. Organizational Structure. - There shall be seven (7) divisions in the

Office of the Chief State Counsel. Each division shall be headed by a Deputy Chief State Counsel and shall consist of at least ten (10) State Counsels, and such personnel as may be necessary for the office to effectively carry out its functions. The designation, ranks, and salary grades of State Counsels are amended as follows: POSITION SALARY GRADE Chief State Counsel SG 30 Step 4 Deputy Chief State Counsel SG 30 Senior State Counsel SG 29 State Counsel IV SG 28 State Counsel 111 SG 27 State Counsel II SG 26 State Counsel I SG 25 The Chief State Counsel and the Deputy Chief State Counsels shall be appointed by the President of the Philippines. All other State Counsels and administrative personnel shall be appointed by the Secretary of Justice upon recommendation by the

Promotion and Selection Board. The Chief State Counsel and the Deputy Chief State Counsels shall act as a 3 Promotion and Selection Board to screen applicants for appointment or promotion to 4 any State Counsel or administrative position in the Office of the Chief State Counsel. 5 The Chief State Counsel shall be the Chairperson of the Board. Appointments of the State Counsels shall be deemed permanent upon 7 compliance with the prescribed qualification standards under the law. The State 8 Counsels occupying the positions affected by the changes in this Act at the time of its 9 approval shall continue to occupy and discharge the duties and functions of those 10 positions, and receive the corresponding salary, benefits, and privileges, without necessity of new appointment. There shall be positions created for administrative personnel equivalent to at least one (1) support staff for every two (2) State Counsels.

Sec. 6. Qualifications of the State Counsels. - The Chief State Counsel and

Deputy Chief State Counsels must be citizens of the Philippines and have been engaged in the practice of law in the Philippines for at least fifteen (15) years prior to their appointment. Senior State Counsels must be members of the Philippine Bar who have been engaged in the practice of law in the Philippines for at least ten (10) years prior to their appointment. State Counsels IV must be members of the Philippine Bar who have been engaged in the practice of law in the Philippines for at least five (5) years prior to their appointment. State Counsels III must be members of the Philippine Bar who have been engaged in the practice of law in the Philippines for at least four (4) years prior to their appointment. State Counsels II must be members of the Philippine Bar who have been engaged in the practice of law in the Philippines for at least three (3) years prior to their appointment. State Counsels I must be members of the Philippine Bar who have been engaged in the practice of law in the Philippines for at least one (1) year prior to their appointment.

Sec. 7. Compensation and Benefits. - The salaries and allowances of State

2 Counsels shall correspond to their position, rank, and salary grade pursuant to Section 3 5 hereof. The Chief State Counsel and the Deputy Chief State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of a Presiding 5 Justice and Associate Justice of the Court of Appeals, respectively. Senior State 6 Counsels shall enjoy the same retirement, death, survivorship, and other benefits as 7 those of the judges in the Regional Trial Courts. All other State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of the judges in 9 the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, 10 and Municipal Circuit Trial Courts. Any increase after the approval of this Act in the salaries, allowances, or retirement benefits, or any upgrading of the grades or its levels of any or all of the aforesaid Justices or Judges to whom said emoluments are assimilated shall apply to the corresponding State Counsels.

Sec. 8. Retirement Benefits. - When a State Counsel, who has rendered at least

fifteen (15) years of service either in the Office of the Chief State Counsel or any branch of government, or in both, retires for having attained the age of sixty-five (65) years or resigns by reason of incapacity to discharge the duties of his or her office, he or she shall, during the remainder of his or her life, in the manner hereinafter provided, receive a retirement pension based on the highest monthly salary, plus the highest monthly aggregate of transportation, living, and representation allowances, which he or she was receiving at the time of his or her retirement or resignation. When a State Counsel has attained the age of sixty (60) years and has rendered at least fifteen (15) years of service in government, the last five (5) years of which must have been continuously rendered in the Office of the Chief State Counsel, he or she shall likewise be entitled to retire and receive during the remainder of his or her natural life the same benefits provided for in Paragraph 1 of this section: Provided, That those with less than fifteen (15) years of service in the government shall be entitled to a pro rata pension computed as follows: Number of years Basic Pay Plus the Highest Month In Government Aggregate of Transportation, 15 years Living and Representation Allowances

Upon retirement, a State Counsel shall automatically be entitled to a lump sum 2 of five (5) years' gratuity computed on the basis of the highest monthly salary plus 3 the highest aggregate transportation, living, and representative allowances he or she was receiving on the date of retirement, and thereafter, upon survival after the 5 expiration of five (5) years, to further annuity payable monthly during the residue of 6 his or her natural life pursuant to the first and second paragraph of this section.

Sec. 9. Automatic Increase. - All pension benefits of retired State Counsels shall

8 be automatically increased whenever there is an increase in the salary and allowance 9 for the same position from which he/she retired.

Sec. 10. Survivorship Benefits. - In case of death of a retired State Counsel of

the OCSC or a State Counsel thereof who is eligible to retire optionally at the time of death, the surviving legitimate spouse and dependent children of said deceased State Counsel shall be entitled to receive all the retirement benefits that the deceased was receiving or entitled to receive. A "dependent" means a legitimate, illegitimate, or legally adopted child who is chiefly dependent on the said deceased State Counsel, if such dependent is not more than twenty-one (21) years of age, unmarried, and not gainfully employed or if such dependent, regardless of age, is incapable of self-support because of mental or physical disability or condition. The surviving legitimate spouse shall continue to receive retirement benefits during his or her lifetime or until he or she remarries: Provided, That the surviving legitimate spouse and dependent of the State Counsels shall each equally share in the retirement benefits: Provided, further, That said benefits shall be granted to the surviving legitimate spouse or dependent of State Counsels who died one (1) year prior to the effectivity of this Act.

Sec. 11. Prohibitions. - To maintain entitlement to the retirement benefits

27 herein provided, a State Counsel shall not, during the time he or she is receiving said 28 benefit, appear as counsel before any judicial or quasi-judicial agency in any civil case where the Government or any agency, subdivision, or instrumentality thereof is an adverse party, or in any criminal case where any officer or employee of the government is accused of an offense committed in relation to his or her office, or collect any fee for his or her appearance in any administrative proceeding, to maintain

an interest adverse to the government, whether national, provincial, or municipal or 2 to any of its legally constituted offices. When a State Counsel covered under this Act assumes an elective public office, he or she shall not receive retirement benefits upon assumption of office and during his or her term.

Sec. 12. Appropriations. - The amount necessary for the initial implementation

6 of this Act shall be charged against the current year's appropriations of the 7 Department of Justice. Thereafter, such amount shall be included in the annual 8 General Appropriations Act.

Sec. 13. Separability Clause. - If any part or provision of this Act is held invalid

10 or unconstitutional, the other parts or provisions thereof not so declared shall remain valid and effective.

Sec. 14. Repealing Clause. - All other laws, decrees, orders, issuances, rules

and regulations, or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,