Solicitor General of the Philippines

Last updated

Office of the Solicitor General
Tanggapan ng Taga-usig Panlahat
Office of the Solicitor General of the Philippines (OSG).svg
Department overview
FormedJune 6, 1901
Jurisdiction Government of the Philippines
HeadquartersOSG Building, 134 Amorsolo St., Legaspi Village, Makati, Philippines
MottoIntegrity in Advocacy. Social Justice through Advocacy.
Annual budget₱1.37 billion (2023) [1]
Department executive
Parent Department Department of Justice
Website www.osg.gov.ph

The Office of the Solicitor General of the Philippines (Filipino : Tanggapan ng Taga-usig Panlahat), formerly known as the Bureau of Justice, is an independent and autonomous office attached to the Department of Justice. The OSG is headed by Menardo Guevarra.

Contents

The Office of the Solicitor General is the "law firm" of the Republic of the Philippines. The Solicitor General is the principal law officer and legal defender of the Republic of the Philippines. He shall have the authority and responsibility for the exercise of the Office's mandate and for the discharge of its duties and functions, and shall have supervision and control over the Office and its constituent units. [2] He also determines the legal position that the government will take in the courts and argues in virtually every case in which the government is a party. It is tasked to represent the people of the Philippines, the Philippine government, its agencies, instrumentalities, officials, and agents in any litigation, proceeding, or investigation before the Supreme Court and the Court of Appeals. [3] When authorized by the President, he shall also represent government owned or controlled corporations.

History

Attorney General and Solicitor General

Act No. 136 dated June 11, 1901, which became effective on June 6, 1901, created the position now occupied by the Solicitor General. Under Section 40 of this Act, the Attorney General, as head of the Bureau of Justice, was vested with the powers and functions of today's Secretary of Justice. At the time, the Solicitor General was second only to the Attorney General in the office the former would eventually head. Appropriately, Section 41 of the Act required an "officer learned in the law" to assist the Attorney General. This law specifically provided that "it should be the special duty of the Solicitor General to conduct and argue suits and appeals in the Supreme Court, in which the Philippine Government is interested."

Meanwhile, a few months after the Bureau of Justice was created, Act No. 222 was passed, establishing the Department of Finance and Justice. The Bureau of Justice was placed under the supervision of a new department. Act No. 2666 would later divide the department into a Department of Justice and a Department of Finance. Under this law, the Attorney General and Solicitor General continued to represent the Government in the Supreme Court and lower courts.

Secretary of Justice

Act No. 4007 which was enacted in 1932 abolished the position of Attorney General. His functions were taken over by the Secretary of Justice. The Act also named the Solicitor General as the head of the Bureau of Justice. The Assistant Solicitor General, a position created by Act No. 683 of 1903, became second in command of the Bureau.

As a result of the rapidly burgeoning number of cases involving the Government, the Solicitor General after independence was constrained to concentrate on advocacy and court appearances. The functions which the Bureau of Justice used to have were gradually transferred to newly created offices and divisions of the Department of Justice.

Solicitor General

Executive Order No. 94 of 1947 renamed the Bureau of Justice as the Office of the Solicitor General. Subsequently, the legislature passed R. A. No. 335 in 1948 to confirm this change and to provide for a First Assistant Solicitor General who would be the second highest official in the Office.

A succession of laws relieved the Office of the Solicitor General of some of its burdens. Section 1660 of the old Administrative Code previously provided that the head of the Bureau of Justice "shall have general supervision and control over provincial and city fiscals (now prosecutors) and attorneys and over other prosecuting officer throughout the Philippines." The Office of Special Prosecutors, which the Solicitor General formerly headed, was later converted into a Division of Special Attorneys by R.A. No. 311 of 1948. The Office of the Government Corporate Counsel, which was headed by the Solicitor General under Executive Order No. 392 of 1950, became a separate office in the Department of Justice by virtue of R.A. No. 2327.

From a motley staff of one Solicitor General, an Assistant Solicitor General and a handful of assistant attorneys in the 1900s, the Office of the Solicitor General has grown throughout the years. In accordance with E.O No. 292, the Administrative Code of 1987, the Solicitor General was assisted by fifteen Assistant Solicitors General and more than a hundred Solicitors and Associate Solicitors, who are divided into fifteen divisions. In 2006, with the passing of Republic Act 9417 or the OSG Law, the Office has expanded to thirty (30) legal divisions with a corresponding increase in the general and administrative support personnel and provision for ample office space. Each lawyer at the OSG handles an average of 800 cases at any given time. Aside from the paper chase involved in appealed cases and original petitions before the Supreme Court and the Court of Appeals, a Solicitor General or Associate Solicitor has to match wits with the best lawyers of the country in countless trials." [4]

Powers and functions

The Office of the Solicitor General has the following specific powers and functions:

  1. 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.
  2. 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.
  3. 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.
  4. Appear in all proceedings involving the acquisition or loss of Philippine citizenship.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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
  12. Perform such other functions as may be provided by law. [5]

Organizational structure

Under Republic Act No. 9417, there shall be at least thirty (30) legal divisions in the Office of the Solicitor General. Each division, permanently headed by an Assistant Solicitor General, shall consist of ten (10) lawyers and such other personnel as may be necessary for the office to effectively carry out its functions. Lawyers in the OSG hold the following ranks: Senior State Solicitor, State Solicitor II, State Solicitor I, Associate Solicitor III, Associate Solicitor II, and Associate Solicitor I. [6] [7] The law likewise dictates that the Solicitor General shall have a cabinet rank and the same qualifications for appointment, rank, prerogatives, salaries, allowances, benefits and privileges as the Presiding Justice of the Court of Appeals; an Assistant Solicitor General, those of an Associate Justice of the Court of Appeals.

The qualifications for appointment, rank, prerogatives, salaries, and privileges of Solicitors shall be the same as judges, specified as follows:

List of attorneys general

NamePositionTerm of office
Lebbeus R. Wilfley Attorney GeneralJune 15, 1901 – July 16, 1906
Gregorio Araneta Soriano Attorney GeneralJuly 17, 1906 – July 1, 1908
Ignacio Villamor Borbón Attorney GeneralJuly 1, 1908 – June 30, 1914
Ramon Avanceña Attorney GeneralJuly 1, 1914 – March 1, 1917
Quintin B. Paredes Attorney GeneralJuly 1, 1918 – June 30, 1920
Felecisimo R. Feria Attorney GeneralJuly 1, 1920 – December 31, 1920
Pedro T. Tuazon Attorney GeneralJanuary 1, 1921 – June 30, 1921
Antonio O. Villareal Attorney GeneralJuly 1, 1921 – November 12, 1925
Alex A. Reyes Attorney GeneralNovember 12, 1925 – June 30, 1927
Delfin J. Jaranilla Attorney GeneralJuly 1, 1927 – June 30, 1932

List of solicitors general

NamePositionTerm of officePresident
Gregorio Araneta Soriano Solicitor GeneralJune 15, 1901 – July 16, 1906N/A
Ignacio Villamor Borbón July 17, 1906 – July 1, 1908
George R. Harvey July 1, 1908 – June 30, 1914
Rafael Corpus July 1, 1914 – December 31, 1916
Quintin B. Paredes March 1, 1917 – June 30, 1918
César Fernando Bengzon Cabrera July 1, 1932 – June 30, 1934
Serafin P. Hilado July 1, 1934 – June 30, 1936
Pedro T. Tuason July 1, 1936 – August 17, 1938 Manuel L. Quezon
Roman Ozaeta August 17, 1938 – June 30, 1940
Lorenzo Tañada y Martínez July 1, 1940 – June 30, 1941
Sixto dela Costa July 1, 1941 – June 30, 1945 José P. Laurel
Lorenzo Tañada y Martínez July 1, 1945 – December 30, 1947 Sergio Osmeña
Manuel Roxas
Manuel Lim December 30, 1947 – June 30, 1948Manuel Roxas
Elpidio Quirino
Felix Angelo Bautista July 1, 1948 – October 20, 1950
Pompeyo Diaz October 20, 1950 – November 10, 1952Elpidio Quirino
Ramon Magsaysay
Juan R. Liwag November 10, 1952 – February 9, 1954
Querube C. Makalintal February 9, 1954 – August 31, 1954Ramon Magsaysay
Ambrosio B. Padilla September 1, 1954 – December 30, 1957
Guillermo E. Torres Acting Solicitor GeneralDecember 30, 1957 – June 30, 1958 Carlos P. Garcia
Edilberto BarotSolicitor GeneralJuly 1, 1958 – June 30, 1961
Arturo A. Alafriz July 1, 1961 – January 24, 1966 Diosdado Macapagal
Antonio P. Barredo January 24, 1966 – June 30, 1968 Ferdinand Marcos
Felix V. Makasiar July 1, 1968 – February 8, 1970
Felix Q. Antonio February 9, 1970 -June 30, 1972
Estelito P. Mendoza July 1, 1972 – February 25, 1986
Sedfrey A. OrdoñezFebruary 25, 1986 – March 4, 1987 Corazon Aquino
Frank C. Chavez March 5, 1987 – February 5, 1992
Ramon S. Desuasido February 6, 1992 – July 5, 1992
Eduardo G. Montenegro Acting Solicitor GeneralJuly 6, 1992 – August 10, 1992 Fidel V. Ramos
Raul I. Goco Solicitor GeneralAugust 11, 1992 – September 22, 1996
Silvestre H. Bello III September 23, 1996 – February 3, 1998
Romeo C. de la Cruz Acting Solicitor GeneralFebruary 4, 1998 – June 8, 1998
Silvestre H. Bello IIISolicitor GeneralJune 9, 1998 – June 30, 1998
Ricardo P. Galvez July 1, 1998 – February 15, 2001 Joseph Ejercito Estrada
Simeon V. Marcelo February 16, 2001 – May 13, 2002 Gloria Macapagal Arroyo
Carlos N. Ortega Acting Solicitor GeneralMay 13, 2002 – November 10, 2002
Alfredo L. Benipayo Solicitor GeneralNovember 10, 2002 – March 31, 2006
Antonio Eduardo B. Nachura April 3, 2006 – February 11, 2007
Agnes VST Devanadera March 2, 2007 – January 15, 2010
Alberto C. Agra Acting Solicitor GeneralJanuary 16, 2010 – June 30, 2010
Jose Anselmo I. CadizSolicitor GeneralJuly 1, 2010 – February 3, 2012 Benigno S. Aquino III
Francis H. Jardeleza February 6, 2012 – August 19, 2014
Florin T. Hilbay Acting Solicitor GeneralAugust 20, 2014 – June 18, 2015
Solicitor GeneralJune 19, 2015 – June 30, 2016
Jose Calida [8] June 30, 2016 – June 30, 2022 Rodrigo Duterte
Menardo Guevarra June 30, 2022 – present Bongbong Marcos

See also

Related Research Articles

<span class="mw-page-title-main">United States Department of Justice</span> U.S. federal executive department

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who has served since March 2021.

In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

A solicitor general or solicitor-general, in common law countries, is usually a legal officer who is the chief representative of a regional or national government in courtroom proceedings. In systems that have an attorney-general, the solicitor general is often the second-ranked law officer of the state and a deputy of the attorney-general. The extent to which a solicitor general actually provides legal advice to or represents the government in court varies from jurisdiction to jurisdiction, and sometimes between individual office holders in the same jurisdiction.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales. Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and the state attorneys general of the United States or US Attorney General.

<span class="mw-page-title-main">Solicitor General of India</span> Indian law officer

The Solicitor General of India (SGI) is subordinate to the Attorney General for India. The SGI is the second-highest law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General of India (Addl. SGIs). The SGI and the Addl. SGIs advise the Government and appear on behalf of the Union of India in terms of the Law Officers (Conditions of Service) Rules, 1972. However, unlike the post of Attorney General for India, which is a Constitutional post under Article 76 of the Constitution of India, the posts of the Solicitor General and the Additional Solicitors General are merely statutory.

<span class="mw-page-title-main">Supreme Court of the Philippines</span> Highest court in the Philippines

The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

<span class="mw-page-title-main">Advocate general</span> Senior officer of the law

An advocate general of a state is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to attorneys general in other common law and hybrid jurisdictions. By contrast, in the European Union and some continental European jurisdictions, the officer is a neutral legal advisor to the courts.

<span class="mw-page-title-main">Department of Justice (Philippines)</span> Executive department of the Philippine government

The Department of Justice is under the executive department of the Philippine government responsible for upholding the rule of law in the Philippines. It is the government's principal law agency, serving as its legal counsel and prosecution arm. It has its headquarters at the DOJ Building in Padre Faura Street, Ermita, Manila.

<span class="mw-page-title-main">Sandiganbayan</span> Special appellate collegial court in the Philippines

The Sandiganbayan is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned and controlled corporations. The special court was established by Presidential Decree No. 1486. It was subsequently modified by Presidential Decree No. 1606 and by Republic Acts 7975, 8249 and 10660. It is equal in rank to the Court of Appeals, and consists of fourteen Associate Justices and one Presiding Justice. The Office of the Ombudsman owns exclusive authority to bring cases to the Sandiganbayan.

<span class="mw-page-title-main">Judicial officers of the Republic of Singapore</span>

The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.

<span class="mw-page-title-main">Agnes Devanadera</span> Filipina lawyer and government official

Agnes Vicenta Salayo Torres-Devanadera, also known as Agnes VST Devanadera, is a Filipina lawyer and politician who is currently the president and CEO of Clark Development Corporation since her appointment by Bongbong Marcos in 2022. She previously served as the chairperson of the Energy Regulatory Commission (ERC) from 2017 to 2022 during the Duterte administration. During the Arroyo administration, she served as the Solicitor General of the Philippines, the first woman to hold the post. She was also the acting Secretary of Justice on two short stints.

<span class="mw-page-title-main">Attorney General's Department (Sri Lanka)</span> Sri Lankan government department

The Attorney General's Department is a non-ministerial government department in Sri Lanka that supports the attorney general and his/her deputy the solicitor general. The department is headed by the attorney general and comes under the purview of the Ministry of Justice. The office of "Attorney General" was formally adopted in the year 1884.

<span class="mw-page-title-main">Roberto A. Abad</span> Lawyer, judge

Roberto A. Abad is a lawyer and judge who served as an associate justice of the Supreme Court of the Philippines from August 7, 2009, to May 22, 2014.

Pedro Tiangco Tuason was a prominent Filipino lawyer and government official. Born in Balanga, Bataan on 15 September 1884 to Clemente Tuason and Josefa Tiangco, Tuason attended the public school in his town and at an escuela de segunda ensenanza. He was sent to study in the United States as a government pensionado, attending the New Jersey State Normal School in Trenton, then the Georgetown University Law School in Washington, D.C., where he graduated with the Bachelor of Laws degree in 1908, and finally the Yale Law School where he took a post graduate course. His name is sometimes wrongly spelled with the letter "z", such as the small stretch of a street named after him, but court decisions commonly use his original birth spelling.

<span class="mw-page-title-main">Office of the Oklahoma Attorney General</span>

The Office of the Attorney General (OAG) is an agency of the Oklahoma state government that is headed by the Attorney General of Oklahoma. The OAG is responsible for supervising the administration of justice across the State, providing legal assistance to the State government, and prosecuting violators of State law.

<span class="mw-page-title-main">Solicitor General for New South Wales</span> Second law officer for the state of New South Wales, Australia

Solicitor General for New South Wales, known informally as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General. They can exercise the powers of the Attorney General in the Attorney General's absence. The Solicitor General acts alongside the Crown Advocate, and Crown Solicitor, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian state of New South Wales.

<span class="mw-page-title-main">Freedom of Information Order (Philippines)</span> 2016 Philippine executive order

Philippine President Rodrigo Duterte signed Executive Order No. 02, also known as the Freedom of Information (FOI) Program, on July 23, 2016, in Davao City. The executive order established the first freedom of information (FOI) Program in the Philippines covering all government offices under the Executive Branch. It requires all executive departments, agencies, bureaus, and offices to disclose public records, contracts, transactions, and any information requested by a member of the public, except for matters affecting national security and other information that falls under the inventory of exceptions issued by Executive Secretary Salvador Medialdea. The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.

<span class="mw-page-title-main">Attorney General of the Gambia</span> Cabinet-level position in the Gambia

The Attorney General of the Gambia is a cabinet-level position in the Gambia responsible for providing legal advice to the Gambian government and appearing on its behalf in the courts of the land. In recent years, the post has been held in conjunction with that of Minister of Justice, who is the head of the Ministry of Justice and responsible for legal affairs. The current Attorney General is Dawda A. Jallow.

References

  1. "H. OFFICE OF THE SOLICITOR GENERAL" (PDF). www.dbm.gov.ph.
  2. Section 34, Book IV, Title III, Chapter 12, of the 1987 Administrative Code
  3. "Office of the Solicitor General". www.osg.gov.ph.
  4. "Office of the Solicitor General". www.osg.gov.ph.
  5. "Office Mandates and Functions". Office of the Solicitor General Republic of the Philippines. Retrieved October 26, 2017.
  6. Section 2 of Republic Act No. 9417
  7. [ permanent dead link ]
  8. "READ: Statement of Solicitor-General Jose Calida on the denial of the renewal of ABS-CBN's franchise". ABS-CBN News. July 11, 2020.