ADMINISTRATIVE ORDER NO. 130
DELINEATING THE FUNCTIONS AND RESPONSIBILITIES OF THE
OFFICE OF THE SOLICITOR GENERAL AND THE OFFICE OF THE GOVERNMENT CORPORATE
COUNSEL
WHEREAS, "[t]he Office of the
Government Corporate Counsel shall act as the principal law office of all
government-owned or controlled corporations, their subsidiaries, other corporate offsprings and government acquired asset corporations
and shall exercise control and supervision over all legal departments or
divisions maintained separately and such powers and functions as are now or may
hereafter be provided by law . . ." (Section 10, Chapter 3, Title III,
Book IV of Executive Order No. 292 [Administrative Code of 1987]);
WHEREAS, "[t]he 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 . . ." (Section 35,
Chapter 12, Title III, Book IV of Executive Order No. 292 [Administrative Code
of 1987]); and
WHEREAS, the Solicitor General is
also the legal counsel of certain government-owned or controlled corporations
by virtue of their respective charters.
NOW, THEREFORE, I, FIDEL V. RAMOS,
President of the Republic of the
Philippines
, by virtue of the
powers vested in me by law, do hereby order:
SECTION 1. All
legal matters pertaining to government-owned or controlled corporations, their
subsidiaries, other corporate offsprings and
government acquired asset corporations (hereinafter collectively referred to as
"GOCC") shall be exclusively referred to and handled by the Office of
the Government Corporate Counsel (hereinafter referred to as "GOCC"),
unless their respective charters expressly name the Office of the Solicitor
General (hereinafter referred to as "OSG") as their legal counsel.
When authorized by the President, or by the head of the office concerned and
approved by the President, the OSG shall also represent GOCCs.
SECTION 2. Subject
to the provisions of Section 3 hereof, all pending cases of GOCCs being handled by the OSG, and all pending requests for opinions and contract
reviews which have been referred by said GOCCs to the
OSG, may be retained and acted upon by the OSG at its discretion, until their
termination: Provided, that the OSG shall inform the OGCC of these pending
cases, requests for opinions and contract reviews, if any, to ensure proper
monitoring and coordination.
SECTION 3. Provisions
of other executive issuances inconsistent herewith are hereby repealed or
modified accordingly.
SECTION 4. This
Administrative Order shall take effect immediately.
DONE in the City of
Manila
, this 19th day of May in the year of
Our Lord, Nineteen Hundred and Ninety-Four.