House expands OSG powers

December 10, 2017

The House committee on justice has passed a substitute measure abolishing the Presidential Commission on Good Government (PCGG) and the Office of the Government Corporate Counsel (OGCC), and transferring their powers and functions to the Office of the Solicitor General (OSG).

The unnumbered bill titled “OSG Charter”, a consolidation of six House bills, increases the OSG’s powers and functions and redefining, expanding, and rationalizing its organization.

It aims to ensure efficiency and economy in the operations of government; eliminate the overlapping of functions; effectively address the expanding needs of government-owned and –controlled corporations towards the improvement of fiscal management and good corporate governance; and concentrate and enhance government efforts for the recovery of ill-gotten wealth and properties.

In a hearing on the bill on Wednesday, Rep. Vicente Veloso (3rd District, Leyte), chairman of the subcommittee on judicial, said that the bill provides for the absorption of PCGG and OGCC officials and employees, who will choose not to avail of the retirement and separation benefits.

Under the bill, the OSG shall represent the government and the People of the Philippines in the Supreme Court and the Court of Appeals in all criminal proceedings and all other courts or tribunals in all civil actions and special proceedings which the government has been impleaded as a party, or any official of the Government sued in the lawful performance of duty.

The OSG shall 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.

The OSG shall appear in any court in any action involving the validity of any treaty, law, executive order or proclamation, or rule or regulation when in his judgment his intervention is necessary or when requested by the court. It shall also conciliate, mediate, settle, or adjudicate all disputes, claims, and controversies solely between or among the departments, bureaus, offices, agencies, and instrumentalities of the national government, including GOCCs.

Moreover, the OSG shall render opinion and advice on matters referred by the departments, bureaus, offices, agencies, and instrumentalities of the national government, including GOCCs.

The OSG shall also 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 documents needed for official use, for the purpose of facilitating their enforcement and ensuring that they are entered into or prepared conformably to law and for the best interests of the public.

The bill mandates that the OSG shall be an independent and autonomous office attached to the Office of the President for budgetary purposes.

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

The Solicitor General shall be assisted by a Legal Staff composed of Assistant Solicitors General and such number of solicitors as may be necessary to operate the OSG.

The OSG shall have at least 50 legal divisions, each headed by an Assistant Solicitor General and composed of at least 10 lawyers and such other personnel as may be necessary for the OSG to effectively carry out its functions.

Furthermore, the OSG shall have Financial Management Service, Docket Management Service, Human Resources Management and Administrative Service, and Budget and Planning Service, which shall be composed of the necessary divisions and sections. Each service shall be headed by a director, who shall be appointed by the President.

There shall be an Office of Legal Services (OLS) within the OSG to be headed by a Chief Legal Officer, who shall be a lawyer, appointed by the Solicitor General and serve at the latter’s pleasure.

The OSG Charter seeks to repeal 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 Purpose,” RA 2327, otherwise known as “An Act to Declare the Position of Government Corporate Counsel Distinct and Separate from that of the Solicitor, Provide for His Appointment and Salary and Appropriate the Necessary Funds Therefor, and for Other Purposes,” Executive Order Nos. 1 and 2, S. 1986. DMS