Rep. Vicente “Ching” S. Veloso, chairman of the subcommittee on judicial reforms, committee on justice spearheaded the approval of a substitute bill which strengthens the Office of the Solicitor General (OSG) while abolishing the Presidential Commission on Good Government (PCGG) and the Office of the Government Corporate Counsel (OGCC).
The Subcommittee approved the consolidation of various legislative proposals which seek to strengthen the Office of the Solicitor General (OSG) to enhance government efforts towards full and effective recovery of ill-gotten wealth and properties, including efficient investigation and prosecution of cases.
A still unnumbered bill titled “An Act Further Strengthening the Office of the Solicitor General by Providing for Powers and Functions, and Redefining, Expanding, and Rationalizing its Organization, Repealing for the Purpose Republic Act Nos. 9417 and 2327, and Executive Order Nos. 1 and 2, S 1986, and Appropriating Funds Therefor” was presented in substitution to HB No. 350 by Rep. Romero “Miro” Quimbo (2nd District, Marikina City), HB No. 547 by Reps. Evelina Escudero (1st District, Sorsogon) and Rodel Batocabe (AKO BICOL Party List), HB No. 3275 by Rep. Rogelio Neil Roque (4th District, Bukidnon), HB No. 4748 by Rep. Gary Alejano (MAGDALO Party List), HB No. 5216 by Rep. Joaquin Chipeco, Jr. (2nd District, Laguna), and HB No. 5233 by Speaker Pantaleon Alvarez, Majority Leader Rodolfo Fariñas and Rep. Reynaldo Umali (2nd district, Oriental Mindoro).
The bill also provides that the Office of the Government Corporate Counsel (OGCC) and the Presidential Commission on Good Government (PCGG) shall be abolished and their respective powers and functions be transferred to the OSG.
During the hearing presided by sub-committee chairman Rep. Vicente Veloso (3rd District, Leyte), Rep. Isagani Carlos Zarate (Bayan Muna Party list) said that given the formidable and sensitive legal duties of the OSG, there is a need to strengthen the agency and provide its lawyers and employees benefits and privileges being enjoyed by their counterparts in other government offices.
“Another thing that [has to be settled] is the question on what will happen to the personnel of the PCGG, if they will be absorbed by the expanded OSG and will they maintain their security of tenure. Ano iyong opportunity na pwedeng ibigay sa kanila, especially those lawyers who have been with the PCGG for quite some time,” inquired Zarate.
Solicitor General Jose Calida noted that a special task force to be created shall be composed of least five (5) legal divisions which shall be primarily responsible for performing the powers and functions under Section 5 of the proposed measure. Pending judicial determination of the ownership of ill-gotten wealth assets, the task force shall be responsible for preserving and maintaining such assets.
For such purpose, the members of the task force may be assigned or designated by the Solicitor General to sit in the Board of Directors of concerned entities. The task force shall also perform research and development functions.
The bill also states that the administrative support of the task force shall be provided by special units within the OSG Docket Management Section which shall be responsible for maintaining and monitoring the records of cases as well as the safe-keeping of evidence and documents; and the OSG Property Management Section which will be tasked with the preservation and maintenance of sequestered and other assets that are subject of pending litigation in the ill-gotten wealth complaints filed by the PCGG with the Sandiganbayan and related cases.
Reacting to the proposal to put the PCGG functions under the OSG, PCGG chairman Reynold Munsayac said they recognize the efforts to streamline government services.
Munsayac pointed out that in 1986, most of the volunteer lawyers and employees of PCGG abandoned their lucrative jobs to join the commission “thinking that they really fighting for something that is worth their time”.
“It would be the height of injustice if these employees will be abandoned just like that without the necessary benefits to compensate them for their work,” said Munsayac.
As to the creation of five divisions in the special task force, Munsayac said that this is a sign that the OSG really wants to focus on the recovery of ill-gotten wealth.
He also informed the committee that the PCGG has pending cases worth around P102 billion, and that there are other activities being covered by the commission. “There is really a need to focus on this effort to ensure that the [claims] will be recovered and put into use by the State,” said Munsayac.
Munsayac said the PCGG maintained their concern, as indicated in their position paper, that the creation of a task force might not be sufficient to address the questions regarding “conflict of interest” and the ability of the task force to handle all the functions of the PCGG.
However, since PCGG is under the executive department, Munsayac leaves this matter to the good discretion of President Rodrigo Duterte.
“In any event, the PCGG will remain faithful to its mandates,” said Munsayac.
Meanwhile, the sub-committee on justice also approved the creation of salas as proposed under HB Nos. 2288, 3114, 5718, 5985, 6085 and 6086 authored by Reps. Richard Eusebio (Lone District, Pasig City), Lianda Bolilia (4th District, Batangas), Joel Mayo Almario (2nd District, Davao Oriental), Ramon Rocamora (Lone District, Siquijor) and Suharto Mangudadatu (1st District, Sultan Kudarat), respectively. (Congress)