DEFINING THE POWERS AND FUNCTIONS OF THE OFFICE OF THE SOLICITOR GENERAL

• Number: Presidential Decree No. 478
• Sections: 6

Preamble

WHEREAS, the Office of the Solicitor General, as law office

of the Government of the Republic of the Philippines, performs a vital

role in the program of the administration, particularly in the handling

of constitutional and other important litigations before the Supreme

Court and other courts or tribunals;

WHEREAS, statutory provisions defining the powers,

functions, and duties of the Office of the Solicitor General are

scattered in a proliferation of amendatory laws, charters of government

agencies, other statutes, Rules of Court and executive orders enacted

over the years;

WHEREAS, there is a need to clarify and codify the existing

provisions defining the powers, functions, duties and other aspects of

the Office of the Solicitor General;

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 the following into law:

OFFICE OF THE SOLICITOR GENERAL

Section 1 Functions and Organization.

SECTION 1. Functions and Organization.—The

Office of the Solicitor General shall represent the Government of the

Philippines, its agencies and instrumentalities and its officials and

agents in any litigation, proceeding, investigation or matter requiring

the services of a lawyer. When authorized by the President or head of

the office concerned, it shall also represent government owned or

controlled corporations. The Office of the Solicitor General shall

constitute the law office of the Government and, as such, shall

discharge duties requiring the services of a lawyer. It shall have the

following specific powers and functions:

Represent the Government in the Supreme Court and the Court of

Appeals in all criminal proceedings; represent the Government and its

officers in the Supreme Court, the Court of Appeals, and all other

courts or tribunals in all civil actions and special proceedings in

which the Government or any officer thereof in his official capacity is a

party.

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. Where proceedings are to be conducted

outside of the Philippines the Solicitor General may employ counsel to

assist in the discharge of the aforementioned responsibilities.

Appear in any court in any action involving the validity of any

treaty, law, executive order or proclamation, rule or regulation when

in his judgment his intervention is necessary or when requested by the

court.

Appear in all proceedings involving the acquisition or loss of

Philippine citizenship.

Represent the Government in all land registration and related

proceedings. Institute actions for the reversion to the Government of

lands of the public domain and improvements thereon as well as lands

held in violation of the Constitution.

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 writings

needed for official use, with the end in view of facilitating their

enforcement and insuring that they are entered into or prepared

conformably with law and for the best interests of the public.

Deputize, whenever in the opinion of the Solicitor General the

public interest requires, any provincial or city fiscal to assist him in

the performance of any function or discharge of any duty incumbent upon

him, within the jurisdiction of the aforesaid provincial or city

fiscal. When so deputized, the fiscal shall be under the control and

supervision of the Solicitor General with regard to the conduct of the

proceedings assigned to the fiscal, and he may be required to render

reports or furnish information regarding the assignment.

Deputize legal officers of government departments, bureaus,

agencies and offices to assist the Solicitor General and appear or

represent the Government in cases involving their respective offices,

brought before the courts and exercise supervision and control over such

legal officers with respect to such cases.

Call on any department, bureau, office, agency or

instrumentality of the Government for such service, assistance and

cooperation as may be necessary in fulfilling its functions and

responsibilities and for this purpose enlist the services of any

government official or employee in the pursuit of his tasks.

Departments, bureaus, agencies, offices, instrumentalities and

corporations to whom the Office of the Solicitor General renders legal

services are authorized to disburse funds from their sundry operating

and other funds for the latter Office. For this purpose, the Solicitor

General and his staff are specifically authorized to receive allowances

as may be provided by the Government offices, instrumentalities and

corporations concerned, in addition to their regular compensation.

Represent, upon the instructions of the President, the Republic

of the Philippines in international litigations, negotiations or

conferences where the legal position of the Republic must be defended or

presented.

Act and represent the Republic and/or the people before any

court, tribunal, body or commission in any matter, action or proceeding

which, in his opinion, affects the welfare of the people as the ends of

justice may require; and

Perform such other functions as may be provided by law.

The Office shall be headed by a Solicitor General who shall be

assisted by a Legal Staff composed of such number of Assistant

Solicitors General, Solicitors and trial Attorneys as may be provided by

law. It shall have such other staffs and operating units as are now or

may be provided by law. The Investigation and Recovery Office provided

hereafter shall be under the Office of the Solicitor General.

Section 2 Qualifications and Appointments.

SEC. 2. Qualifications and Appointments.— (1) The

Solicitor General shall have the same rank, qualifications for

appointment, and salary as an Associate Justice of the Court of Appeals.

The Assistant Solicitors General shall have the same rank,

qualifications for appointment and salary as the judges of Courts of

First Instance. No person shall be appointed Solicitor unless he is a

citizen of the Philippines, a member of the Philippine Bar, or

recognized competence and with experience in the practice of law for at

least four (4) years.

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.

Section 3 Attorneys and Experts to Assist the Solicitor General.

SEC. 3. Attorneys and Experts to Assist the

Solicitor General.—The Solicitor General may, when necessary and

after consultation with the government entity concerned, employ, retain,

and compensate on a contractual basis, in the name of the Government,

such attorneys and experts or technical personnel as he may deem

necessary to assist him in the discharge of his duties. The compensation

and expenses of such persons may be charged to the agency or office in

whose behalf the services have to be rendered.

Section 4 Investigation and Recovery Office.

SEC. 4. Investigation and Recovery Office.—(1)

The Investigation and Recovery Office shall be under the supervision and

control of the Solicitor General and shall be responsible for the

collection and recovery of funds and properties owing to the Government.

It shall be headed by an Executive Director who may be assisted by an

Assistant Executive Director. It shall have such number of state

counsel-lawyers, accountants and other personnel as may hereafter be

provided by law.

The Investigation and Recovery Office

shall perform the following powers and functions:

Administer, direct and supervise the collection and recovery of

government assets, stocks, funds and moneys other real or personal

properties owing to the Government.

Investigate and recover according to law, assets, money claims

and properties owing to government-owned or controlled corporations as

directed by the Solicitor General.

Investigate and, if necessary, file charges against erring

government personnel responsible or implicated in any way in the loss of

properties or any other assets of the government; and

Perform such other functions as may be assigned to it by the

Solicitor General or as are now or may hereafter be provided by law or

executive order.

Section 5

SEC. 5. This decree shall take effect immediately.

Done in the City of Manila, this 4th day of June, in the year of Our

Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary