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PRESIDENTIAL DECREE NO. 1347
PRESIDENTIAL DECREE NO. 1347 -
INTEGRATING THE INVESTIGATION AND RECOVERY OFFICE INTO THE OFFICE OF
THE SOLICITOR GENERAL, PROVIDING MEANS TO MAKE THE SOLICITOR GENERAL'S
INVESTIGATE JURISDICTION MORE EFFECTIVE, ADJUSTING THE COMPENSATION OF
PERSONNEL AND FOR OTHER PURPOSES
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WHEREAS,
the litigation, administrative proceedings, naturalization by decree,
investigations and other legal work handled by the Office of the
Solicitor General continue to increase in volume, complexity and
importance; chanroblesvirtualawlibrary
WHEREAS, the complete integration of the Investigation and Recovery
Office into the Office of the Solicitor General is necessary to promote
simplicity, economy and efficiency;chanroblesvirtualawlibrary
WHEREAS, adjustments in the compensation of personnel are necessary to
maintain the effectiveness of the office of the Solicitor General as
the law office of the Government and to sustain and further upgrade the
quality of its personnel.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and decree:cralaw:red
Section 1. The office of the Solicitor General shall
be headed by a Solicitor General whose qualifications for appointment,
rank, prerogatives, and privileges, without prejudice to special orders
of the President on these matters, shall be the same as those of the
Presiding Justice of the Court of Appeals. He shall be assisted by ten
(10) Assistant Solicitors General who shall have the same
qualifications for appointment, rank, prerogatives and privileges as
the judges of Courts of First Instance. When the Solicitor General is
unable to perform his duties or in the case of vacancy in the Office,
one of the ten (10) Assistant Solicitors General designated by the
Department Head shall temporarily perform in the functions of the said
officer. chanroblesvirtualawlibrary
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. No person shall be appointed Solicitor unless he is a
citizen of the Philippines, a member of the Philippine Bar, of
recognized competence, with experience in the practice of law for at
least four (4) years, and except in cases of promotion within the
office, must not be more than forty five (45) years old.
The Solicitor General shall organize his regard and administrative
staff in such manner as he may deem best to promote the efficiency of
the service and the administration of justice.
Section 2. The number of positions and the annual
salaries of the other members of the legal and Administrative Staff of
the Office of the Solicitor General shall be fixed by the President
upon the recommendation of the Commissioner of the Budget, pursuant to
P.D. No. 985.
The Trial Attorneys and administrative personnel in the Office of the
Solicitor General shall be appointed by the Secretary of Justice upon
recommendation of the Solicitor General.
Section 3. The Solicitor General and the Assistant
Solicitor General shall also receive the same monthly allowances which
are received by the Associate Justices of the Court of Appeals and the
Judges of Courts of First Instance, respectively, under the regular
budget of the judiciary.
Section 4. The Solicitor General, Assistant
Solicitors General and Solicitors are authorized to administer oaths in
matters of official business, to take testimony in any matter or
investigation within the competency of the office of the Solicitor
General, and to issue subpoenas and subpoenas duces tecum and punish
for contempt, in accordance with the provisions of and penalties
prescribed by the Rules of Court, in proceedings or investigations
properly before them.
Section 5. The investigation and Recovery Office is
hereby abolished. Its powers, functions, properties, assets, cases,
records and unexpended appropriations are transferred to and integrated
with the Office of the Solicitor General. Any official or employee of
the Investigation and Recovery Office whose employment is terminated as
a result of the abolition of said office may be considered for
appointment to an appropriate item in the Office of the Solicitor
General provided he or she meets the qualifications and other
requirements for appointment to said position. Permanent officials and
employees of the Investigation and Recovery Office who are not absorbed
in the Office of the Solicitor General or who cannot transfer to other
government agencies shall be given gratuities equivalent to one month
salary for every year of service with the Investigation and Recovery
Office without prejudice to other benefits from the Government to which
they may be entitled under existing laws and regulations.
Section 6. The salary differentials resulting from
any salary adjustments as provided in this Decree, the allowances under
Section 3, and the gratuities to terminated employees provided in the
next preceding section shall be paid, for Fiscal Year 1978, from the
funds of the Special Committee on Naturalization. For this purpose, the
amount of P685,000.00 is hereby segregated from said funds and the same
shall be disbursed for the coming fiscal year period. Thereafter, the
funds needed to implement the provisions of this Decree shall be
included in the annual Appropriations Decree. The salary adjustments
and the payment of the salary differentials provided in this Decree
shall be implemented pursuant to implementing directives of the
Solicitor General, subject to the approval of the President.
Section 7. This Decree shall take effect on January
1, 1978 except Section 5 hereof which shall take effect on June 1, 1978.
Done in the City of Manila,
this 11th day of April, in the year of Our Lord, nineteen hundred and
seventy-eight.
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