Presidential Decree No. 1415 (PD 1415) — Defining the Powers and Functions of the Office of the Government Corporate Counsel, Adjusting the Compensation of Personnel and for Other Purposes.
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;
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;
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;
WHEREAS, there is an imperative need to integrate and
strengthen the existing legal provision affecting the Office of the Government
Corporate Counsel, to make them more responsive to the legal assistance needed
by government-owned or controlled corporations;
WHEREAS, increase in personnel 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:
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 including their subsidiaries, except as may otherwise be provided
by their respective charters or authorized by the President without exception,
including their subsidiaries.
SEC. 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 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.
SEC. 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:
No. of Positions
Positions
Annual Salary
1
Government Corporate Counsel
P52,400.00
6
Asst. Government Corporate Counsels
42,400.00
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.
SEC. 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.
The Government Corporate Counsel is hereby authorized to make special
assessments 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.
SEC. 5. All laws, decrees, executive orders or instructions,
inconsistent herewith, are hereby repealed.
SEC. 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.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
