REPUBLIC ACT NO. 3838
AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT
NUMBERED TWO THOUSAND THREE HUNDRED TWENTY-SEVEN, ENTITLED "AN ACT TO
DECLARE THE POSITION OF GOVERNMENT CORPORATE COUNSEL DISTINCT AND SEPARATE FROM
THAT OF THE SOLICITOR GENERAL, PROVIDE FOR HIS APPOINTMENT AND SALARY AND
APPROPRIATE THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES"
SECTION 1. Section one
of Republic Act Numbered Two thousand three hundred twenty-seven, entitled
"An Act to declare the position of Government Corporate Counsel distinct
and separate from that of the Solicitor General, provide for his appointment
and salary and appropriate the necessary funds therefor,
and for other purposes," is hereby amended to read as follows:
"Sec. 1. The
position of Government Corporate Counsel is hereby declared distinct and
separate from that of the Solicitor General. The Government Corporate Counsel,
who shall be appointed by the President of the
Philippines
with the consent of the
Commission on Appointments, shall head the Office of the Government Corporate
Counsel as presently constituted. He shall have the rank and privileges of an
Undersecretary of Department and shall receive compensation of fifteen thousand
pesos per annum. He shall be the principal law officer of all government-owned
or controlled corporations. To enable him to discharge, his functions as such,
it shall be the duty of all said corporations to refer to him all important
legal questions for opinion, advice and determination, all proposed contracts
and all important court cases for his services. He shall, moreover, exercise
control and supervision over all legal divisions maintained separately by said
corporations. No government-owned or controlled corporation shall hire a
private law practitioner to handle any of its legal cases without the written
consent of the Government Corporate Counsel or of the Secretary of
Justice."
SECTION 2. Section two
of the same Act is hereby amended to read as follows:
"Sec. 2. The
positions of two assistant government corporate counselors are hereby created
with a salary of twelve thousand and eleven thousand four hundred pesos per
annum, respectively, whose qualifications shall be those of provincial fiscals,
and shall also be appointed by the President of the
Philippines
with the consent of the
Commission on Appointments.
"There shall also be twenty-four trial attorneys
whose salaries shall be as follows:
"(a) Three trial attorneys at ten thousand
eight hundred pesos per annum each;
"(b) Three
trial attorneys at ten thousand two hundred pesos per annum each;
"(c) Three
trial attorneys at nine thousand six hundred pesos per annum each;
"(d) Three
trial attorneys at nine thousand pesos per annum each;
"(e) Three
trial attorneys at eight thousand four hundred pesos per annum each;
"(f) Three
trial attorneys at seven thousand eight hundred pesos per annum each;
"(g) Three
trial attorneys at seven thousand two hundred pesos per annum each; and
"(h) Three trial attorneys at six thousand six
hundred pesos per annum each.
"The qualifications for appointment to the
positions of trial attorneys shall be the same as those prescribed for
provincial fiscals, except those for trial attorneys mentioned in paragraphs
(f) to (h), of this section which must be actual practice of law in the
Philippines for at least three years or having occupied during a like period
within the Philippines, a position requiring admission to the practice of law
in the Philippines as an indispensable requisite.
"There shall also be four research attorneys
whose salaries shall be as follows:
"(a) One senior research attorney at six
thousand pesos per annum;
"(b) One
research attorney at five thousand four hundred pesos per annum; and
"(c) Two research attorneys at four thousand
eight hundred pesos per annum each."
SECTION 3. Provisions of
any law to the contrary notwithstanding, the incumbent Government Corporate
Counsel and all incumbent assistant government corporate counselors, trial
attorneys and research attorneys of the Office of the Government Corporate
Counsel as presently constituted shall receive the salary rates provided for in
this Act, corresponding to their rank and seniority in the said Office, without
the necessity of any new appointment: Provided, That none of those holding
office as such on the passage of this Act shall, by reason thereof, be removed
from office or be demoted to a lower category or scale of salary except for
cause and upon compliance with the due process provided for by law.
SECTION 4. In addition
to such sums as may have been provided in the current Appropriation Act, there
is hereby appropriated, out of any funds in the National Treasury not otherwise
appropriated, such sums as may be necessary to carry out the provisions of this
Act.
SECTION 5. This Act
shall take effect on July first, nineteen hundred and sixty-three.
