Presidential Decree No. 1347 (PD 1347) — Integrating the Investigation and Recovery Office into the Office of the Solicitor General, Providing Means to Make the Solicitor General'S Investigative Jurisdiction More Effective, Adjusting the Compensation of Personnel and for Other Purposes
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;
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;
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
Republic of the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree:
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.
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 legal and administrative staff in
such manner as he may deem best to promote the efficiency of the service and the
administration of justice.
SEC. 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.
SEC. 3. The Solicitor General and the Assistant Solicitors
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.
SEC. 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.
SEC. 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.
SEC. 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 puruant to implementing directives of the Solicitor General, subject
to the approval of the President.
SEC. 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.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
