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PRESIDENTIAL DECREE NO. 1415
PRESIDENTIAL DECREE NO. 1415 -
DEFINING THE POWERS AND FUNCTIONS OF THE OFFICE OF THE GOVERNMENT
CORPORATE COUNSEL, ADJUSTING THE COMPENSATION OF PERSONNEL AND FOR
OTHER PURPOSES
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WHEREAS,
government-owned or controlled corporations including their
subsidiaries have consistently expanded their activities and multiplied
in number through the years, with total resources reaching billions of
pesos;chanroblesvirtualawlibrary
WHEREAS, the Office of the Government Corporate Counsel, as the
principal law office of government-owned or controlled corporations,
plays an important role in safeguarding the legal interests of and in
the successful discharge of the functions, duties and responsibilities
of government-owned or controlled corporations including their
subsidiaries;chanroblesvirtualawlibrary
WHEREAS, the increase in number and broadening of fields or scope of
activities of government-owned or controlled corporations have resulted
in corresponding increase in volume, complexity and importance of the
work of the Office of the Government Corporate Counsel;chanroblesvirtualawlibrary
WHEREAS, there is an imperative need to integrate and strengthen the
existing legal provisions affecting the Office of the Government
Corporate Counsel, to make them more responsive to the legal assistance
needed by government-owned or controlled corporations;chanroblesvirtualawlibrary
WHEREAS, increase in personal and adjustments in their compensation,
are necessary to maintain the effectiveness of the Office of the
Government Corporate Counsel as the principal law office of all
government-owned or controlled corporations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby decree and order:cralaw:red
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
Section 1. The Office of the Government Corporate
Counsel shall be the principal law office of all government-owned or
controlled corporations, without exception, including their
subsidiaries.
Section 2. The Office of the Government Corporate
Counsel shall be headed by the Government Corporate Counsel whose rank,
qualifications for appointment, emoluments and privileges, without
prejudice to special orders of the President relative thereto, shall be
the same as those of an Associate Justice of the Court of Appeals. He
shall be assisted by six (6) Assistant Government Corporate Counsels
who shall have the same rank, qualifications for appointment,
emoluments and privileges of Judges of Courts of First Instance. In
case of disability of the Government Corporate Counsel to perform the
duties of, or in case of vacancy in, the office, one of the six (6)
Assistant Government Corporate Counsel shall be designated by the
Secretary of Justice to temporarily perform the functions of said
Office. The Government Corporate Counsel, the Assistant Government
Corporate Counsels and State Corporate Attorneys shall be appointed by
the President of the Philippines.
A State Corporate Attorney must be a member of the Philippine Bar and
must have at least five (5) years experience in the practice of law. A
trial or research attorney must be a member of the Philippine Bar and
must have at least one year experience in the practice of law.
Section 3. The Government Corporate Counsel shall
organize his staff in such manner as he may deem proper to promote the
efficiency of the service. The positions and emoluments of the
personnel of the legal staff of the Office of the Government Corporate
Counsel shall be as follows:cralaw:red
Number of Position Position
Annual Salary
1 Government Corporate
P52,400.00
Counsel
6 Asst. Government
42,400.00
Corporate Counsels
5 State Corporate Attorneys
32,040.00
5 State Corporate Attorneys
27,480.00
5 State Corporate Attorneys
25,980.00
5 State Corporate Attorneys
22,980.00
5 Trial Attorneys
19,992.00
5 Trial Attorneys
18,492.00
1 Senior Research Attorney
17,000.00
5 Research Attorneys
15,000.00
The incumbent Government Corporate Counsel, Assistant Government
Corporate Counsels, Corporate Attorneys, Trial Attorneys and Research
Attorneys of the Office of the Government Corporate Counsel as
presently constituted, shall each receive, without the necessity of a
new appointment, the salary rates provided herein, upon the
recommendation of the Government Corporate Counsel and approval of the
Secretary of Justice.
Section 4. The funds necessary for the operation and
maintenance of the Office of the Government Corporate Counsel shall be
assessed on its client corporations. The assessments to be determined
annually by the Government Corporate Counsel and approved by the Office
of the President, upon the recommendation by the Secretary of Justice
shall be remitted by said corporations within the first quarter of
every calendar year, provided that such sums as may be necessary and
required hereunder shall be advanced from the General Fund. chanroblesvirtualawlibrary
The Government Corporate Counsel is hereby authorized to make special
assessment upon government-owned or controlled corporations serviced by
his Office, to meet contingencies, obligations and undertakings,
necessary to maintain and promote the efficiency and interests of the
service.
Section 5. All laws, decrees, executive orders or
instructions, and particularly government corporation charters, or
provisions thereof, inconsistent herewith, are hereby repealed.
Section 6. This Decree shall take effect immediately.
Done in the City of Manila,
this 9th day of June, in the year of Our Lord nineteen hundred and
seventy-eight.
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