WHEREAS,
the Office of the Solicitor General, as law office of the Government of
the Republic of the Philippines, performs a vital role in the program
of the administration, particularly in the handling of constitutional
and other important litigations before the Supreme Court and other
courts or tribunals;chanroblesvirtualawlibrary
WHEREAS, statutory provisions defining the powers, functions, and
duties of the Office of the Solicitor General are scattered in a
proliferation of amendatory laws, charters of government agencies,
other statutes, Rules of Court and executive orders enacted over the
years;chanroblesvirtualawlibrary
WHEREAS, there is a need to clarify and codify the existing provisions
defining the powers, functions, duties, and other aspects of the Office
of the Solicitor General;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me by the Constitution, do
hereby order and decree the following into law:cralaw:red
OFFICE OF THE SOLICITOR GENERAL
Section 1. Functions and Organizations. — (1) The
Office of the Solicitor General shall represent the Government of the
Philippines, its agencies and instrumentalities and its officials and
agents in any litigation, proceeding, investigation or matter requiring
the services of a lawyer. When authorized by the President or head of
the office concerned, it shall also represent government-owned or
controlled corporations. The Office of the Solicitor General shall
constitute the law office of the Government and, as such discharge
duties requiring the services of a lawyer. It shall have the following
specific powers and functions: chanroblesvirtualawlibrary
a. Represent the Government in the Supreme Court and
the Court of Appeals in all criminal proceedings; represent the
Government and its officers in the Supreme Court, the Court of Appeals,
and all other courts or tribunals in all civil actions and special
proceedings in which the Government or any officer thereof in his
official capacity is a party.
b. Investigate, initiate court action, or in any
manner proceed against any person, corporation or firm for the
enforcement of any contract, bond, guarantee, mortgage, pledge or other
collateral executed in favor of the Government. Where proceedings are
to be conducted outside of the Philippines the Solicitor General may
employ counsel to assist in the discharge of the aforementioned
responsibilities.
c. Appear in any court in any action involving the
validity of any treaty, law, executive order or proclamation, rule or
regulation when in his judgment his intervention is necessary or when
requested by the Court.
d. Appear in all proceedings involving the
acquisition or loss of Philippine citizenship.
e. Represent the Government in all land registration
and related proceedings. Institute actions for the reversion to the
Government of lands of public domain and improvements thereon as well
as lands held in violation of the Constitution.
f. Prepare, upon request of the President or other
proper officer of the National Government, rules and guidelines for
government entities governing the preparation of contracts, making of
investments, undertaking of transactions, and drafting of forms or
other writings needed for officials use, with the end in view of
facilitating their enforcement and insuring that they are entered into
or prepared conformably with law and for the best interests of the
public. chanroblesvirtualawlibrary
g. Deputize, whenever in the opinion of the Solicitor
General the public interest requires, any provincial or city fiscal to
assist him in the performance of any function or discharge of any duty
incumbent upon him, within the jurisdiction of the aforesaid provincial
or city fiscal. When so deputized, the fiscal shall be under the
control and supervision of the Solicitor General with regard to the
conduct of the proceedings assigned to the fiscal, and he may be
required to render reports or furnish information regarding the
assignment.
h. Deputize legal officers of government departments,
bureaus, agencies and offices to assist the Solicitor General and
appear or represent the Government in cases involving their respective
offices, brought before the courts and exercise supervision and control
over such legal officers with respect to such cases.
i. Call on any department, bureau, office, agency or
instrumentality of the Government for such service, assistance and
cooperation as may be necessary in fulfilling its functions and
responsibilities and for this purpose enlist the services of any
government official or employee in the pursuit of his tasks.
Departments, bureaus, agencies, offices, instrumentalities and
corporations to whom the Office of the Solicitor General renders legal
services are authorized to disburse funds from their sundry operating
and other funds for the latter Office. For this purpose, the Solicitor
General and his staff are specifically authorized to receive allowances
as may be provided by the Government offices, instrumentalities and
corporations concerned, in addition to their regular compensation.
j. Represent, upon the instructions of the President,
the Republic of the Philippines in international litigations,
negotiations or conferences where the legal position of the Republic
must be defended or presented.
k. Act and represent the Republic and/or the people
before any court, tribunal, body or commission in any matter, action or
proceeding which, in his opinion, affects the welfare of the people as
the ends of justice may require; and
l. Perform such other functions as may provided by
law. chanroblesvirtualawlibrary
(2) The Office shall be headed by a Solicitor General
who shall assisted by a Legal Staff composed of such number of
Assistant Solicitors General, Solicitors, and Trial Attorneys as may be
provided by law. It shall have such other staffs and operating units as
are now or may be provided by law. The Investigation and Recovery
Office provided hereafter shall be under the Office of the Solicitor
General.
Section 2. Qualifications and Appointments. — (1) The
Solicitor General shall have the same rank, qualifications for
appointment, and salary as an Associate Justice of the Court of
Appeals. The Assistant Solicitors General shall have the same Court of
First Instance. No person shall be appointed Solicitor unless he a
citizen of the Philippines, a member of the Philippine Bar, of
recognized competence and with experience in the practice of law for at
least four (4) years.
(2) The Solicitor General and the Assistant
Solicitors General, who must be officers learned in the law, and the
Solicitors shall be appointed by the President.
Section 3. Attorneys and Experts to Assist the
Solicitor General. — The Solicitor General may, when necessary and
after consultation with the Government entity concerned, employ,
retain, and compensate on a contractual basis, in the name of the
Government, such attorneys and experts or technical personnel as he may
deem necessary to assist him in the discharge of his duties. The
compensation and expenses of such persons may be charged to the agency
or office in whose behalf the services have to be rendered.
Section 4. Investigation and Recovery Office. — (1)
The Investigation and Recovery Office shall be under the supervision
and control of the Solicitor General and shall be responsible for the
collection and recovery of funds and properties owing to the
Government. It shall be headed by an Executive Director who may be
assisted by an Assistant Executive Director. It shall have such number
of state counsel-lawyers, accountants and other personnel as may
hereafter be provided by law. chanroblesvirtualawlibrary
(2) The investigation and Recovery Office shall
perform the following powers and functions:cralaw:red
a. Administer, direct and supervise the collection
and recovery of government assets, stocks, funds and moneys and other
real personal properties owing to the Government;chanroblesvirtualawlibrary
b. Investigate and recover according to law, assets,
money claims and properties owing to government-owned or controlled
corporations as directed by the Solicitor General;chanroblesvirtualawlibrary
c. Investigate and, if necessary, file charges
against erring government personnel responsible or implicated in any
way in the loss of properties or any other assets of the Government; and
d. Perform such other functions as may be assigned to
it by the Solicitor General or as are now or may hereafter be provided
by law or executive order.
Section 5. This decree shall take effect immediately.
Done in the City of Manila,
this 4th day on June, in the year of Our Lord, nineteen hundred
seventy-four.
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