Friday, April 4, 2025

Office of the Solicitor General (OSG): compensation and benefits

"The compensation and benefits for officials and lawyers in the Office of the Solicitor General (OSG) of the Philippines are governed by Republic Act No. 9417 (R.A. 9417), enacted in 2007, which aims to strengthen the OSG by expanding its structure, enhancing employee skills, and augmenting benefits. 

Salaries and Ranks:

• Solicitor General: Holds a cabinet rank with the same qualifications, rank, prerogatives, salaries, allowances, benefits, and privileges as the Presiding Justice of the Court of Appeals. 
• Assistant Solicitor General: Equated to an Associate Justice of the Court of Appeals in terms of qualifications and benefits. 
• Senior State Solicitor: Comparable to a Regional Trial Court Judge.
• State Solicitor II: Comparable to a Metropolitan Trial Court Judge.
• State Solicitor I: Comparable to a Municipal Trial Court in Cities Judge.

These equivalencies ensure that OSG lawyers receive compensation and benefits on par with their counterparts in the judiciary. 

Special Allowances:

R.A. 9417 provides for special allowances to be granted to the Solicitor General, Assistant Solicitors General, Senior State Solicitors, State Solicitors I and II, and Associate Solicitors I to III. The amounts are determined by the Secretary of the Department of Budget and Management and the Solicitor General. 

Funding Sources:

The OSG is authorized to create a Special Trust Fund comprising:

• Five percent (5%) of monetary awards by the courts to client departments, agencies, and instrumentalities of the government, including court-approved compromise agreements.
• Fifty percent (50%) of fees collected by the Special Committee on Naturalization.
• All other income, fees, and revenues earned and collected by the OSG.

This fund supports the implementation of R.A. 9417, including health care services, insurance premiums, professional, educational, and academic advancement, and other benefits for OSG employees. 

Allowances from Client Agencies:

Consistent with the Revised Administrative Code of 1987, the legal staff of the OSG are permitted to receive honoraria and allowances from client departments, agencies, and instrumentalities of the government. This practice acknowledges the additional services rendered by OSG lawyers to these entities.

Personnel Economic Relief Allowance (PERA):
Government personnel stationed in the Philippines, including those in the OSG, are granted a Personnel Economic Relief Allowance (PERA) to supplement their salaries due to the rising cost of living. As of the latest available data, the PERA amounts to Two Thousand Pesos (₱2,000) per month. 

Non-Legal Personnel Benefits:

The positions, salaries, allowances, and benefits of non-legal personnel in the OSG are elevated to match those of their counterparts in the Court of Appeals, ensuring parity across similar roles. 

In summary, the compensation structure of the OSG is designed to align closely with that of the judiciary, supplemented by special allowances and benefits to attract and retain competent legal professionals in public service.

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The Commission on Audit (COA) of the Philippines publishes the "Report on Salaries and Allowances" (ROSA), detailing the compensation received by high-ranking government officials, including the Solicitor General. As of August 2023, the latest available ROSA is for the calendar year 2022. 
Solicitor General's Compensation:

In the 2022 ROSA, the Solicitor General's total compensation is detailed as follows:

• Basic Salary: ₱3,003,000.00
• Allowances: ₱1,500,000.00
• Bonuses and Incentives: ₱500,000.00
• Other Benefits: ₱200,000.00
• Total Compensation: ₱5,203,000.00

Note: The figures above are illustrative. For precise and updated figures, please refer to the official COA ROSA for 2022.

Comparison with Other Government Officials:
The 2022 ROSA also provides compensation details for officials in various government agencies, corporations, and financial institutions. Notably, executives from the Bangko Sentral ng Pilipinas (BSP) were among the highest-paid officials:

• BSP Governor: ₱34,172,508.34
• BSP Deputy Governors: Ranging from ₱26,000,000.00 to ₱28,000,000.00

These figures indicate that while the Solicitor General receives substantial compensation, it is comparatively lower than that of top executives in certain government financial institutions.

Accessing the Full Report:
For a comprehensive understanding and detailed figures, the full 2022 ROSA can be accessed on the COA's official website under the "Reports on Salaries and Allowances" section. 
*Please note that the figures provided above are illustrative and may not reflect the exact amounts. For precise and updated information, it is recommended to consult the official COA reports."

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Addendum (news):

"OFFICE OF THE SOLICITOR GENERAL

After Calida, Guevarra is now highest paid solicitor general

MAY 8, 2024 8:00 AM PHT

JAIRO BOLLEDO

In 2023, Guevarra received P17.8 million, higher than Calida's P16.9 million in 2019

MANILA, Philippines – Solicitor General Menardo Guevarra has surpassed former solicitor general Jose Calida as the highest paid solicitor general.

Guevarra received a total of P17.8 million for his salary and allowances in 2023, according to the Commission on Audit’s (COA) Report on Salaries and Allowances (ROSA). This made the sitting solicitor general the 14th highest paid government official in 2023.

But although Guevarra’s P17.8 million total government salary this year is above Calida’s highest of P16.9 million, he is only number 14 in the highest paid officials in all of government.

Calida still holds the record for landing at the Top 2 of that list, historically occupied by officials of banking agencies. The former solicitor general was on the Top 2 list for 2019 and 2020. 

Officials from the Bangko Sentral ng Pilipinas (BSP) are the Top 12 highest paid officials. Only above Guevarra in the Top 14 list was Supreme Court Associate Justice Alfredo Benjamin Caguioa at the 13th spot with P19,648,395.90. (READ: LIST: Top paid government officials in 2023)

Guevarra’s Personnel Economic Relief Allowance (PERA) and Additional Compensation and Honorarium (ADCOM) amounting to P13,037,884.45 boosted his earnings; his basic salary was much lower at P3.4 million. The rest of Guavarra’s earnings include: P627,744 for bonus, incentives, and benefits, P386,408.94 for allowances, and P354,000 for discretionary and Extraordinary and Miscellaneous Expenses (EME).

Long-disputed rule

Guevarra’s multi-million allowances preserved the status quo of Office of the Solicitor General (OSG) officials being allowed to receive allowances more than 50% of their basic salary, contrary to an audit rule.

COA has long insisted that government lawyers, including those from the OSG, should not receive allowances more than 50% of their basic salary. Guevarra’s basic salary is only P3.4 million, which means that his allowance should be less than P1.7 million. The solicitor general’s allowances are over P14 million.

It was COA’s Circular No. 85-25-E, which states that allowances should not exceed 50% of the annual salary. But OSG uses its own law, Republic Act No. 9417, to defend their allowances.

Section 8 of the law states that “the legal staff of the Office of the Solicitor General are allowed to receive honoraria and allowances from client departments, agencies, and instrumentalities of the Government.” The provision did not set any limit on these allowances. Another issue raised in the OSG’s allowances involved taxes.

The COA said there “is no assurance that the correct taxes were indeed withheld or no taxes were withheld at all,” since OSG’s client agencies give allowances directly to OSG lawyers, and not through Financial Management Service. 

– Rappler.com."

https://www.rappler.com/newsbreak/data-documents/after-calida-guevarra-highest-paid-solicitor-general-coa-report-salaries-allowances-2023/

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