M a n i l a
PRESIDENTIAL DECREE No. 1415
DEFINING THE POWERS AND FUNCTIONS OF THE OFFICE OF THE GOVERNMENT CORPORATE COUNSEL, ADJUSTING THE COMPENSATION OF PERSONNEL AND FOR OTHER PURPOSES
WHEREAS, government-owned or controlled corporations including their subsidiaries have consistently expanded their activities and multiplied in number through the years, with total resources reaching billions of pesos;
WHEREAS, the Office of the Government Corporate Counsel, as the principal law office of government-owned or controlled corporations, plays an important role in safeguarding the legal interests of and in the successful discharge of the functions, duties and responsibilities of government-owned or controlled corporations including their subsidiaries;
WHEREAS, the increase in number and broadening of fields or scope of activities of government-owned or controlled corporations have resulted in corresponding increase in volume, complexity and importance of the work of the Office of the Government Corporate Counsel;
WHEREAS, there is an imperative need to integrate and strengthen the existing legal provisions affecting the Office of the Government Corporate Counsel, to make them more responsive to the legal assistance needed by government-owned or controlled corporations;
WHEREAS, increase in personal and adjustments in their compensation, are necessary to maintain the effectiveness of the Office of the Government Corporate Counsel as the principal law office of all government- owned or controlled corporations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree and order:
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
Section 1. The Office of the Government Corporate Counsel shall be the principal law office of all government-owned or controlled corporations, without exception, including their subsidiaries.
Section 2. The Office of the Government Corporate Counsel shall be headed by the Government Corporate Counsel whose rank, qualifications for appointment, emoluments and privileges, without prejudice to special orders of the President relative thereto, shall be the same as those of an Associate Justice of the Court of Appeals. He shall be assisted by six (6) Assistant Government Corporate Counsels who shall have the same rank, qualifications for appointment, emoluments and privileges of Judges of Courts of First Instance. In case of disability of the Government Corporate Counsel to perform the duties of, or in case of vacancy in, the office, one of the six (6) Assistant Government Corporate Counsel shall be designated by the Secretary of Justice to temporarily perform the functions of said Office. The Government Corporate Counsel, the Assistant Government Corporate Counsels and State Corporate Attorneys shall be appointed by the President of the Philippines.
A State Corporate Attorney must be a member of the Philippine Bar and must have at least five (5) years experience in the practice of law. A trial or research attorney must be a member of the Philippine Bar and must have at least one year experience in the practice of law.
Section 3. The Government Corporate Counsel shall organize his staff in such manner as he may deem proper to promote the efficiency of the service. The positions and emoluments of the personnel of the legal staff of the Office of the Government Corporate Counsel shall be as follows:
|Number of Position||Position||Annual Salary|
|1||Government Corporate Counsel||P 52,400.00|
|6||Asst. Government Corporate Counsels||42,400.00|
|5||State Corporate Attorneys||32,040.00|
|5||State Corporate Attorneys||27,480.00|
|5||State Corporate Attorneys||25,980.00|
|5||State Corporate Attorneys||22,980.00|
|1||Senior Research Attorney||17,000.00|
The incumbent Government Corporate Counsel, Assistant Government Corporate Counsels, Corporate Attorneys, Trial Attorneys and Research Attorneys of the Office of the Government Corporate Counsel as presently constituted, shall each receive, without the necessity of a new appointment, the salary rates provided herein, upon the recommendation of the Government Corporate Counsel and approval of the Secretary of Justice.
Section 4. The funds necessary for the operation and maintenance of the Office of the Government Corporate Counsel shall be assessed on its client corporations. The assessments to be determined annually by the Government Corporate Counsel and approved by the Office of the President, upon the recommendation by the Secretary of Justice shall be remitted by said corporations within the first quarter of every calendar year, provided that such sums as maybe necessary and required hereunder shall be advanced from the General Fund.
The Government Corporate Counsel is hereby authorized to make special assessment upon government-owned or controlled corporations serviced by his Office, to meet contingencies, obligations and undertakings, necessary to maintain and promote the efficiency and interests of the service.
Section 5. All laws, decrees, executive orders or instructions, and particularly government corporation charters, or provisions thereof, inconsistent herewith, are hereby repealed.
Section 6. This Decree shall take effect immediately.
Done in the City of Manila, this 9th day of June, in the year of Our Lord nineteen hundred and seventy-eight.
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