Implementing Rules and Regulations of R.A. No. 9417 (Strengthening the Office of the Solicitor General)

July 16, 2008

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9417 OTHERWISE KNOWN AS "AN ACT TO STRENGTHEN THE OFFICE OF THE SOLICITOR GENERAL, BY EXPANDING AND STREAMLINING ITS BUREAUCRACY, UPGRADING EMPLOYEE SKILLS AND AUGMENTING BENEFITS, AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES"

RULE 1

General Provisions

RULE 1.1 Purpose and Coverage. — These Implementing Rules and Regulations are hereby promulgated pursuant to Section 13 of Republic Act No. 9417 otherwise known as "An Act to Strengthen the Office of the Solicitor General, by Expanding and Streamlining its Bureaucracy, Upgrading Employee Skills and Augmenting Benefits, and Appropriating Funds Therefor and for Other Purposes", to prescribe the necessary rules and regulations for the expansion of the Office of the Solicitor General, the revised standards for its personnel, the grant of special allowance, and provide funds therefor. DTAHSI

RULE 1.2 Declaration of Policy. — It is the declared policy of the State to protect the rights and promote the welfare of the Filipino worker. Pursuant to this policy and to ensure efficient and effective performance in the legal service of the Government, an expansion and streamlining shall be effected in the Office of the Solicitor General.

The legal and administrative staff of the Office of the Solicitor General shall be increased and their positions upgraded to adequately meet the Republic's burgeoning need for legal services. The litigation and other skills of lawyers of the Office of the Solicitor General shall be promoted, the benefits of employees augmented, and their welfare enhanced. Academic growth and the honing of legal and communications expertise shall be encouraged.

RULE 1.3 Definition of Terms. — For purposes of these Implementing Rules and Regulations, the following terms, words, or phrases shall mean or be understood as follows:

(a) Solicitors. Shall refer to the Solicitor General, Assistant Solicitors General, Senior State Solicitors, State Solicitors and Associate Solicitors.

(b) Special Allowance. Shall refer to the additional monetary benefits granted under Section 10 of Republic Act No. 9417, in addition to the basic monthly salary received by Solicitors.

(c) Special Trust Fund. Shall refer to the amount earned and collected by the Office of the Solicitor General from monetary awards, income, fees and revenues, and deposited with the Bureau of the Treasury in its name.

RULE 2

Expansion of the Office of the Solicitor General

RULE 2.1 The Office of the Solicitor General. — The Office of the Solicitor General is an independent and autonomous office attached to the Department of Justice.

The Office of the Solicitor General shall be headed by the Solicitor General, who is the principal law officer and legal defender of the Government. The Solicitor General shall have the authority and responsibility to exercise the Office's mandate and discharge its duties and functions, and shall have supervision and control over the Office and its constituent units.

The Solicitor General may assign or transfer the Assistant Solicitors General, Senior State Solicitors, State Solicitors and Associate Solicitors to any of the Office's divisions.

The creation of additional legal divisions within the Office of the Solicitor General shall depend on the exigencies of public service as determined by the Solicitor General, subject to the availability of funds. The staffing pattern in Annex "A", which is made an integral part of these implementing rules and regulations, shall be followed in the creation of additional legal divisions and appurtenant administrative personnel. DAHaTc

RULE 2.2 Organizational Structure. — As a result of its mandated expansion, the Office of the Solicitor General shall be reorganized as follows:

(a) The Solicitor General shall have an immediate support staff. The planning and internal audit units of the Office shall be under the direct supervision of the Solicitor General.

(b) There shall be at least thirty (30) legal divisions in the Office of the Solicitor General. Each division shall be permanently headed by an Assistant Solicitor General, and consist of ten (10) lawyers with the necessary administrative and technical support staff, subject to prescribed staffing standards by the Department of Budget and Management.

(c) The Office of the Solicitor General shall have four (4) Services, namely: (i) the Financial Management Service; (ii) the Docket Management Service; (iii) Case Management Service; and (iv) the Human Resource Management Service. Each of the Services shall be headed by a Director, and composed of the necessary divisions and sections, as may be determined by the Solicitor General and the Department of Budget and Management.

RULE 2.3 Staffing Modifications. — The staffing complement necessary for the operationalization of the expanded Office of the Solicitor General structure in 2008, as provided in Annex "A" hereof, shall be deemed created with the effectivity of these Implementing Rules and Regulations: Provided, that the additional (8) legal divisions to be created within the Office of the Solicitor General this year shall be funded from available appropriations under the budget of the Office of the Solicitor General in the Fiscal Year 2008 General Appropriations Act.

Further changes in the staffing pattern as a result of the expansion of the Office of the Solicitor General shall be approved by the Secretary of Budget and Management for purposes of determining the proper positions and salaries to be received by the said personnel.

RULE 2.4 Office Space. — The Solicitor General may enter into contracts to lease, acquire, build, furnish or equip the necessary offices to house the needs of the expanded and streamlined Office of the Solicitor General. The amounts needed for this purpose shall be provided in the budget of the Office of the Solicitor General in the General Appropriations Act.

RULE 3

Standards, Compensation and Appointments

RULE 3.1 Standards of Solicitors. — The Solicitor General shall have cabinet rank and the same qualifications for appointment, rank, prerogatives, salaries, allowances, benefits and privileges as the Presiding Justice of the Court of Appeals.

The Assistant Solicitors General shall have the same qualifications for appointment, rank, prerogatives, salaries, allowances, benefits and privileges as an Associate Justice of the Court of Appeals.

The State Solicitors shall have the same qualifications for appointment, rank, prerogatives, salaries and privileges of Judges, specified as follows: IcHDCS

Senior State Solicitor — Regional Trial Court Judge

State Solicitor II — Metropolitan Trial Court Judge

State Solicitor I — Municipal Trial Court in Cities Judge

The Solicitor General shall determine the qualifications, prerogatives and responsibilities of Associate Solicitors I, II and III.

RULE 3.2 Compensation. — The basic monthly salary of the Solicitor General, Assistant Solicitors General, State Solicitors and Associate Solicitors shall be as follows:

	Salary Grade
Position	From	To
Solicitor General	30	31
Assistant Solicitor General	29	30
Senior State Solicitor	28	29
State Solicitor II	27	28
State Solicitor I	26	27
Associate Solicitor III	25	26
Associate Solicitor II	22	25
Associate Solicitor I	18	24

The upgraded salaries of Solicitors shall retroact to April 2008. ACTEHI

The positions and salaries of non-legal personnel in the Office of the Solicitor General shall be raised to the level of their counterparts in the Court of Appeals, subject to existing guidelines on position classification adopted by the Executive Department.

Subject to the availability of funds, the salaries and privileges of personnel of the Office of the Solicitor General granted under Republic Act No. 9417 may be further increased to match any corresponding increase in salaries and privileges later granted to their respective counterparts in the Court of Appeals.

RULE 3.3 Appointments. — The Solicitor General shall be appointed by the President. The Assistant Solicitors General and State Solicitors shall be appointed by the President upon recommendation of the Solicitor General.

The Associate Solicitors and the administrative and technical support staff shall be appointed by the Solicitor General.

RULE 3.4 Affected Personnel. — The legal and non-legal staff of the Office of the Solicitor General occupying the positions affected by the changes embodied in Republic Act No. 9417 at the time of its approval shall thereafter occupy the positions mandated by the Act, and discharge the duties of their new positions and receive the corresponding salary and benefits without the necessity of any new appointment.

RULE 3.5 Security of Tenure. — All incumbent personnel of the Office of the Solicitor General shall continue in office and shall not be removed or separated from the service as a result of the implementation of Republic Act No. 9417. Likewise, no diminution of salary and benefits or any form of demotion shall be allowed. TSHcIa

RULE 4

Grant of Special Allowances

RULE 4.1 Grant of Special Allowances. — The Solicitor General, Assistant Solicitors General, State Solicitors and Associate Solicitors shall be granted special allowances in such amounts to be determined by the Solicitor General and the Secretary of the Department of Budget and Management, subject to the following conditions:

(a) The total special allowances granted in any one (1) year shall in no case exceed one hundred percent (100%) of the annual basic salary of Solicitors as provided in Executive Order No. 611 dated March 14, 2007, as implemented, by National Budget Circular No. 511 dated June 18, 2007.

(b) The special allowances shall be granted at a uniform percentage of the basic salary of the recipients, regardless of rank.

(c) The grant of special allowances referred to is subject to the availability of funds from sources provided under Section 11 of Republic Act No. 9417.

RULE 4.2 Conversion of Special Allowance. — The special allowances granted to Solicitors pursuant to Section 10 of Republic Act No. 9417, as implemented by these Implementing Rules and Regulations, shall be considered as an advance implementation of any future increase in their basic salary, as may be authorized by law. Accordingly, the fraction of the special allowance corresponding to the salary increase shall be integrated into the basic salary, whereas the residual amount shall continue to be granted as special allowance.

The portion of the special allowance which has been integrated into the basic salary shall be funded from regular agency appropriations. Conversely, the balance of the special allowance that has not yet been integrated into the basic salary shall continue to be granted and funded as provided under Section 11 of Republic Act No. 9417. IESTcD

RULE 5

Funding

RULE 5. Funding. — The funds required for the implementation of Republic Act No. 9417, including those for health care services, insurance premiums, professional, educational, registration fees, contracted transportation benefits, and other perquisites and benefits granted under the said law, shall be taken from:

(i) five percent (5%) of monetary awards given by the Courts to client departments, agencies and instrumentalities of the Government, including those under court-approved compromise agreements;

(ii) fifty percent (50%) of fees collected by the Special Committee on Naturalization; and

(iii) all other income, fees and revenues earned and collected by the Office of the Solicitor General.

For this purpose, the Office of the Solicitor General is hereby authorized to charge deputation, certification and other similar fees in the cases that it handles. The Office of the Solicitor General shall have the authority to collect five percent (5%) of monetary awards from the time Republic Act No. 9417 became effective.

The amounts collected pursuant to Section 11 of Republic Act No. 9417 constitutes a Special Trust Fund in the name of the Office of the Solicitor General to be managed and used by the Solicitor General to carry out the provisions of the Act. DHTCaI

RULE 6

Special Trust Fund

RULE 6.1 Creation of a Special Trust Fund. — The Office of the Solicitor General shall immediately initiate the creation of a Special Trust Fund account in its name with the Bureau of Treasury where amounts collected under Section 11 of Republic Act No. 9417 shall be deposited to be managed and used by the Solicitor General pursuant to the said law.

RULE 6.2 Release of the Special Trust Fund. — Releases from the Special Trust Fund shall be made on a monthly basis upon the request of the Office of the Solicitor General: Provided, That every request shall be supported by a Special Budget and a certification from the Bureau of Treasury as to the total amount actually deposited as of said date. Provided further, That any and all releases from the Special Trust Fund shall be in accordance with existing budgetary policies and other pertinent rules and regulations.

RULE 7

Appropriations

RULE 7. Appropriations. — The amount needed to implement office streamlining and physical expansion shall be taken from the funds and budget of the Office of the Solicitor General under the annual General Appropriations Act.

RULE 8

Separability Clause

RULE 8. Separability Clause. — If any provision of these Implementing Rules and Regulations is declared invalid or unconstitutional, the provisions not affected thereby shall continue to be in full force and effect. aSATHE

RULE 9

Effectivity

RULE 9. Effectivity. — These Implementing Rules and Regulations shall take effect fifteen (15) days after their publication in the Official Gazette or in a newspaper of general circulation.

Issued this 16th day of July 2008.

APPROVED BY:

(SGD.) ROLANDO G. ANDAYA, JR.SecretaryDepartment of Budget and Management

(SGD.) AGNES VST DEVANADERASolicitor GeneralOffice of the Solicitor General

ANNEX A

Office of the Solicitor General

 

Published in The Manila Bulletin on July 17, 2008.