Defining The Powers And Functions Of The Office Of The Solicitor General

Case Overview and Summary

Summary of Presidential Decree No. 478

Functions and Organization of the Office of the Solicitor General (Section 1):
- Represent the Philippine government, its agencies, instrumentalities, officials, and agents in litigation, proceedings, investigations, or matters requiring legal services.
- Represent government-owned or controlled corporations when authorized by the President or head of the office.
- Specific powers and functions:
    a. Represent the government in the Supreme Court, Court of Appeals, and other courts in criminal and civil proceedings where the government or its officers are parties. (Section 1(a))
    b. Initiate court actions or proceedings against any person, corporation, or firm for enforcement of contracts, bonds, guarantees, mortgages, pledges, or other collateral executed in favor of the government. (Section 1(b))
    c. Appear in any court action involving the validity of treaties, laws, executive orders, proclamations, rules, or regulations when intervention is necessary or requested by the court. (Section 1(c))
    d. Appear in proceedings involving the acquisition or loss of Philippine citizenship. (Section 1(d))
    e. Represent the government in land registration and related proceedings; institute actions for reversion of public domain lands and improvements held in violation of the Constitution. (Section 1(e))
    f. Prepare rules and guidelines for government entities on contracts, investments, transactions, and forms, ensuring conformity with law and public interest. (Section 1(f))
    g. Deputize provincial or city fiscals to assist in performing duties within their jurisdiction, under the Solicitor General's control and supervision. (Section 1(g))
    h. Deputize legal officers of government departments, bureaus, agencies, and offices to assist and represent the government in cases involving their respective offices, under the Solicitor General's supervision and control. (Section 1(h))
    i. Call on any government department, bureau, office, agency, or instrumentality for assistance and cooperation in fulfilling functions and responsibilities, and enlist services of government officials or employees. (Section 1(i))
    j. Represent the Republic of the Philippines in international litigations, negotiations, or conferences where the legal position must be defended or presented, upon the President's instructions. (Section 1(j))
    k. Act and represent the Republic and/or the people before any court, tribunal, body, or commission in any matter affecting the welfare of the people and the ends of justice. (Section 1(k))
    l. Perform other functions as provided by law. (Section 1(l))
- The Office shall be headed by a Solicitor General, assisted by Assistant Solicitors General, Solicitors, Trial Attorneys, and other staff and operating units as provided by law.
- The Investigation and Recovery Office shall be under the Office of the Solicitor General.

Qualifications and Appointments (Section 2):
- The Solicitor General shall have the same rank, qualifications for appointment, and salary as an Associate Justice of the Court of Appeals.
- Assistant Solicitors General shall have the same qualifications as judges of the Court of First Instance.
- No person shall be appointed Solicitor unless they are a Philippine citizen, a member of the Philippine Bar, of recognized competence, and with at least 4 years of legal practice experience.
- The Solicitor General, Assistant Solicitors General, and Solicitors shall be appointed by the President.

Attorneys and Experts to Assist the Solicitor General (Section 3):
- The Solicitor General may employ, retain, and compensate attorneys and experts or technical personnel on a contractual basis to assist in discharging duties, after consultation with the concerned government entity.
- The compensation and expenses of such persons may be charged to the agency or office for which the services are rendered.

Investigation and Recovery Office (Section 4):
- The Investigation and Recovery Office shall be under the supervision and control of the Solicitor General.
- It 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 and other personnel as provided by law.
- Powers and functions:
    a. Administer, direct, and supervise the collection and recovery of government assets, stocks, funds, moneys, and other real and personal properties owing to the government. (Section 4(2)(a))
    b. Investigate and recover assets, money claims, and properties owing to government-owned or controlled corporations as directed by the Solicitor General. (Section 4(2)(b))
    c. Investigate and file charges against erring government personnel responsible or implicated in the loss of government properties or assets. (Section 4(2)(c))
    d. Perform other functions assigned by the Solicitor General or as provided by law or executive order. (Section 4(2)(d))

Effectivity (Section 5):
- This decree shall take effect immediately.