Office of the Chief State Counsel Act

Office of the TWENTIETH CONGRESS REPUBLIC OF THE PHILIPPINES } First Regular Session 26 MAY 21 A9:19 SENATE RECEIVED BY: SENATE BILL No. 2150 INTRODUCED BY SENATOR VICENTE C. SOTTO III 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 In fulfillment of its mandate under the Administrative Code of 1987 providing for a principal law agency which shall be both the government's legal counsel and prosecution arm, the Department of Justice exercises this core functions through the National Prosecution Service and the Legal Staff. The Legal Staff under the Office of the Secretary of Justice assists the Justice Secretary in his role as the Attorney General. Save for the prosecution services and the correction system, it is the Legal Staff which performs the other duties assigned by the Administrative Code to the Department. However, despite the magnitude of its responsibilities, the current Legal Staff is constrained by limited manpower and resources. Furthermore, they face difference in ranks, benefits, and compensation despite their supposed co-equal ranking with their counterpart in the National Prosecution Service. This bill seeks to strengthen the Legal Staff by renaming it as the Office of the Chief State Counsel, ensuring that their organizational structure and compensation and benefits are aligned with its redefined duties, towards the goal of institutional stability and excellent work through retaining competent personnel. In view thereof, immediate approval of this bill is requested. 2 mi VICENTE C. SOTTO III

Senate Difice of the secretary TWENTIETH CONGRESS REPUBLIC OF THE PHILIPPINES } First Regular Session } 26 MAY 21 A9:19 SENATE SENATE BILL No. 2.150 RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III 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 Republic of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Office of

the Chief State Counsel Act."

SECTION 2. Office of the Chief State Counsel. - The Legal Staff

created under Republic Act (R.A.) No. 2705, as amended by R.A. No. 4152, shall be renamed as the "Office of the Chief State Counsel."

SECTION 3. State Counsel. - Unless otherwise specified, the term

"State Counsel" shall refer to the Chief State Counsel, Deputy Chief State 10 Counsel, Senior State Counsel, and State Counsels I to IV.

SECTION 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: i. comments and position papers on proposed legislations, whenever there are legal issues involved; Page 1 of 7

ii. opinion 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 negotiation 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; ) 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: i. Special non-immigrant visas under Sec. 47(a)(2) of Commonwealth Act (C.A.) No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended; Page 2 of 7

ii. Special authority to employ foreign nationals under C.A. No. 108, otherwise known as the Anti-Dummy Law, as amended; and iii. recognition of refugee and statelessness status; iv. 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, as well as its personnel; and (n) Exercise such other powers and functions as may be provided by law or as may be delegated by the Secretary of Justice.

SECTION 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: NEW POSITION POSITION/ SALARY GRADE DESIGNATION Chief State Counsel SG 30 Step 4 Chief State Deputy Counsel SG 30 Senior State Counsel SG 29 State Counsel IV SG 28 State Counsel III SG 27 State Counsel II SG 26 State Counsel I SG 25 Page 3 of 7

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 Promotion and Selection Board to screen applicants for appointment and promotion to any State Counsel and administrative personnel in the Office of the Chief State Counsel. The Chief State Counsel shall be the chairperson of the Board. Appointments of the State Counsels shall be deemed permanent upon compliance with the prescribed qualification standards under the law. The State Counsels occupying the positions affected by the changes in this Act at 15 the time of its approval shall continue to occupy and discharge the duties and functions of those 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.

SECTION 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.

SECTION 7. Compensation and Benefits. - The salaries and

allowances of State Counsels shall correspond to their position, rank, and salary grade pursuant to Section 5 hereof. The Chief State Counsel and the Page 4 of 7

1 Deputy Chief State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of a Presiding Justice and Associate Justice of the Court of Appeals, respectively. Senior State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of the judges of the Regional Trial Courts. All other State Counsels shall enjoy the same retirement, death, survivorship, and other benefits as those of the judges of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, 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 levels thereof of any or all of the Justices or Judges referred to herein to whom said emoluments are assimilated shall apply to the corresponding State Counsels.

SECTION 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 in 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 residue of his or her natural 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 retirement pension provided for in Paragraph 1 of this Section; Provided, however, that those with less than fifteen (15) years of service in the government shall be entitled to a pro rata pension computed as follows: No. of years Basic Pay Plus the Highest In Government Monthly Aggregate x Transportation, Living 15 years and Representation Allowances Upon retirement, a State Counsel shall automatically be entitled to a retirement pension in the lump sum of five (5) years' gratuity computed on the basis of the highest monthly salary plus the highest aggregate transportation, living and representative allowances he or she was receiving on the date of retirement, and thereafter, upon survival after the expiration of five (5) years, to further annuity payable monthly during the residue of his or her natural life pursuant to the first and second paragraph of this Section. Page 5 of 7

SECTION 9. Automatic Increase. - All pension benefits of retired State

Counsels shall be automatically increased whenever there is an increase in the salary and allowance for the same position from which they retired.

SECTION 10. Survivorship Benefits. -In case of death of a retired

State Counsel 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 dopted 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 State Counsels shall each equally share 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.

SECTION 11. Prohibitions. - To maintain entitlement to the retirement

benefits herein provided, a State Counsel shall not, during the time he or she is receiving said benefit, appear as counsel before any judicial or quasi- judicial agency in any civil case wherein 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/her office, or collect any fee for his or her appearance in any administrative proceedings, to maintain an interest adverse to the government, whether national, provincial, or municipal or 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.

SECTION 12. Appropriations. - The amount necessary for the initial

implementation of this Act shall be charged against the current year's is rop sations. appropriations of the Department of Justice. Thereafter, such amount shall be included in the annual General Appropriations Act.

SECTION 13. Separability Clause. - If any part or provision of this

Act is held invalid or unconstitutional, the other parts or provisions thereof not so declared shall remain valid and effective

SECTION 14. Repealing Clause. - All laws, decrees, executive orders,

issuances, rules and regulations, or parts thereof which are inconsistent with this Act are hereby repealed and or modified accordingly. Page 6 of 7

SECTION 21. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in a newspaper of general circulation Approved, Page 7 of 7