AN ACT TO AMEND CERTAIN SECTIONS OP REPUBLIC ACT NUMBERED TWO THOUSAND THREE HUNDRED TWENTY-SEVEN

Case Overview and Summary

Summary of Republic Act No. 3838

Provisions on the Position and Duties of the Government Corporate Counsel:
- Declares the position of Government Corporate Counsel distinct and separate from the Solicitor General (Section 1)
- The Government Corporate Counsel is appointed by the President with the consent of the Commission on Appointments (Section 1)
- Has the rank and privileges of an Undersecretary of Department and receives a salary of 15,000 pesos per annum (Section 1)
- Is the principal law officer of all government-owned or controlled corporations (Section 1)
- All government-owned or controlled corporations must refer important legal questions, proposed contracts, and important court cases to the Government Corporate Counsel (Section 1)
- Exercises control and supervision over all legal divisions maintained separately by government-owned or controlled corporations (Section 1)
- No government-owned or controlled corporation can hire a private law practitioner without written consent from the Government Corporate Counsel or the Secretary of Justice (Section 1)

Provisions on Assistant Government Corporate Counselors, Trial Attorneys, and Research Attorneys:
- Creates two positions of assistant government corporate counselors with salaries of 12,000 and 11,400 pesos per annum, respectively, appointed by the President with the consent of the Commission on Appointments (Section 2)
- Creates 24 positions of trial attorneys with varying salary ranges from 6,600 to 10,800 pesos per annum, with qualifications similar to provincial fiscals (Section 2)
- Creates four positions of research attorneys with salaries ranging from 4,800 to 6,000 pesos per annum (Section 2)

Provisions on Incumbent Personnel and Appropriations:
- Incumbent Government Corporate Counsel, assistant government corporate counselors, trial attorneys, and research attorneys shall receive the salary rates provided in the Act corresponding to their rank and seniority, without the need for new appointments (Section 3)
- Incumbents cannot be removed or demoted except for cause and due process (Section 3)
- Appropriates necessary funds from the National Treasury to carry out the provisions of the Act (Section 4)

Effective Date:
- The Act takes effect on July 1, 1963 (Section 5)