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MOP, Bk 12 Pt. 1, v.5, 351

[ ADMINISTRATIVE ORDER NO. 130, May 19, 1994 ]

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 “GOCCs”) 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 1 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.

(Sgd.) FIDEL V. RAMOS
President of the Philippines

By the President:
(Sgd.) TEOFISTO T. GUINGONA, JR.
Executive Secretary

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