Amendments to R.A. No. 2705 Re: Duties and Qualifications of Legal Staff of Secretary of Justice

June 20, 1964

REPUBLIC ACT NO. 4152

AN ACT AMENDING SECTIONS ONE AND TWO OF REPUBLIC ACT NUMBERED TWO THOUSAND SEVEN HUNDRED FIVE, AS AMENDED, ENTITLED "AN ACT PRESCRIBING THE DUTIES AND QUALIFICATIONS, AND FIXING THE NUMBER AND SALARIES, OF THE MEMBERS OF THE LEGAL STAFF IN THE OFFICE OF THE SECRETARY OF JUSTICE"

SECTION 1. Section one of Republic Act Numbered Two thousand seven hundred five, as amended by Republic Act Numbered Three thousand five hundred ninety-four, is hereby further amended to read as follows:

"SECTION 1. In the performance of his duties as Attorney General of the Philippines and as ex officio legal adviser of government-owned and controlled corporations or enterprises, the Secretary of Justice shall be assisted by a Legal Staff which shall have one chief to be known as Chief Legal Counsel and two assistant chiefs whose salaries shall be as hereinafter provided, four assistant legal counsel each of whom shall receive an annual salary eight hundred pesos less than that of the assistant chief legal counsel, and twenty-six attorneys whose annual salaries shall be as follows: cdt

"(a) Four senior special attorneys, each at six hundred pesos less than that herein provided for assistant legal counsel;

"(b) Four senior special attorneys, each at six hundred pesos less than that provided in the next preceding paragraph;

"(c) Four special attorneys, each at six hundred pesos less than that provided in the next preceding paragraph;

"(d) Four special attorneys, each at six hundred pesos less than that provided in the next preceding paragraph;

"(e) Four special attorneys, each at six hundred pesos less than that provided in the next preceding paragraph;

"(f) Two assistant special attorneys, each at one thousand two hundred pesos less than that provided in the next preceding paragraph;

"(g) Two assistant special attorneys, each at one thousand two hundred pesos less than that provided in the next preceding paragraph; and

"(h) Two assistant special attorneys, each at one thousand two hundred pesos less than that provided in the next preceding paragraph.

"The qualifications for appointment to the position of chief of the legal staff and those of assistant chiefs, and their ranks and respective salaries, shall be the same as those prescribed for the first and next ranking assistant solicitors general. The qualifications of assistant legal counsel, senior special attorneys and special attorneys, and their ranks shall be the same as those prescribed for solicitors in the Office of the Solicitor General.

"In the interest of greater efficiency in the discharge of the functions of the office, the Attorney General's Legal Staff may, in the discretion of the Department Head, be organized into four divisions which shall function under the four assistant legal counsels who shall be the chiefs of their respective divisions. The members of the Legal Staff shall receive their salaries in accordance with the above revised salary scale, any provision of law to the contrary notwithstanding." casia

SECTION 2. Section two of Republic Act Numbered Two thousand seven hundred five is hereby amended to read as follows:

"SEC. 2. In addition to his regular duties, any member of the Legal Staff, except those mentioned in paragraphs (f), (g) and (h) of Section one, may, with the prior approval of the Secretary of Justice, be called upon to perform the functions devolving upon a solicitor whenever the Solicitor General shall so request, and may also be designated by the Secretary of Justice as acting judge of any city court in case of absence, sickness, or incapacity of the judge thereof, or in case of any vacancy in the office of the city judge, but he shall not receive any additional compensation during the time he is acting as solicitor or city judge.

"It shall also be the duty of the Legal Staff, through one of its divisions, to study all laws relating to trusts, monopolies and combinations; to draft such legislation as may be necessary to up-date or revise existing laws to enable the Government to deal more effectively with monopolistic practices and all forms of trusts and combination in restraint of trade or free competition and/or tending to bring about non-competitive prices of articles of prime necessity; to investigate all cases involving violations of such laws; and to initiate and take such preventive or remedial measures, including appropriate judicial proceedings, to prevent or restrain monopolization and allied practices or activities of trusts, monopolies and combinations. The attorneys assigned to this division shall act in behalf of or represent, in accordance with law, the Attorney General in all such proceedings and may, whenever necessary, take appropriate punitive or coercive action against those responsible for such forbidden acts or practices. And in the enforcement of the aforementioned laws they shall have the same powers and authority conferred by law upon prosecuting officers."

SECTION 3. Such sums as may be necessary to carry out the provisions of this Act are hereby authorized to be appropriated.

SECTION 4. This Act shall take effect upon its approval.

Approved: June 20, 1964

Published in the Official Gazette, Vol. 61, No. 18, p. 2617 on May 3, 1965