Article 35p. 35

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

functions, and shall have supervision and control over the

Office and its constituent units.

The Solicitor General shall be assisted by a Legal Staff

composed of fifteen (15) Assistant Solicitors General, and

such number of Solicitors and Trial Attorneys as may be

necessary to operate the Office, which shall be divided

into fifteen (15) divisions: Provided , That the Solicitor

General may assign or transfer the Assistant Solicitors

General, Solicitors or Trial Attorneys to any of the divisions.

SECTION 35. Powers and Functions . — The 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. The Office of the Solicitor General

shall constitute the law office of the Government and, as

such, shall discharge duties requiring the services of a

lawyer. It shall have the following specific powers and

functions:

(1) Represent the Government in the Supreme Court

and the Court of Appeals in all criminal proceedings;

represent

the

Government

and

its

officers

in

the

Supreme Court, the Court of Appeals, and all other courts

or tribunals in all civil actions and special proceedings in

which the Government or any officer thereof in his official

capacity is a party.

(2) Investigate, initiate court action, or in any manner

proceed against any person, corporation or firm for the

enforcement of any contract, bond, guarantee, mortgage,

pledge

or

other

collateral

executed

in favor of the

Government. Where proceedings are to be conducted

outside of the Philippines the Solicitor General may

employ

counsel

to

assist

in

the

discharge

of

the

aforementioned responsibilities.

(3) Appear in any court in any action involving the

validity of any treaty, law, executive order or proclamation,

rule or regulation when in his judgment his intervention

is necessary or when requested by the Court.

(4) Appear in all proceedings involving the acquisition

or loss of Philippine citizenship.

(5) Represent the Government in all land registration

and

related

proceedings.

Institute

actions

for

the

reversion to the Government of lands of the public

domain and improvements thereon as well as lands held

in violation of the Constitution.

(6) Prepare, upon request of the President or other

proper officer of the National Government, rules and

guidelines

for

government

entities

governing

the

preparation

of

contracts,

making

of

investments,

undertaking of transactions, and drafting of forms or

other writings needed for official use, with the end in

view of facilitating their enforcement and insuring that

they are entered into or prepared conformably with law

and for the best interests of the public.

(7) Deputize, whenever in the opinion of the Solicitor

General the public interest requires, any provincial or city

fiscal to assist him in the performance of any function or

discharge of any duty incumbent upon him, within the

jurisdiction of the aforesaid provincial or city fiscal. When

so deputized, the fiscal shall be under the control and

supervision of the Solicitor General with regard to the

conduct of the proceedings assigned to the fiscal, and he

may be required to render reports or furnish information

regarding the assignment.

(8)

Deputize

legal

officers

of

government

departments, bureaus, agencies and offices to assist the

Solicitor

General

and

appear

or

represent

the

Government in cases involving their respective offices,

brought before the courts, and exercise supervision and

control over such legal Officers with respect to such

cases.

(9) Call on any department, bureau, office, agency or

instrumentality

of

the

Government for such service,

assistance and cooperation as may be necessary in

fulfilling its functions and responsibilities and for this

purpose enlist the services of any government official or

employee in the pursuit of his tasks.

Departments,

bureaus,

agencies,

offices,

instrumentalities and corporations to whom the Office of

the Solicitor General renders legal services are authorized

to disburse funds from their sundry operating and other

funds for the latter Office. For this purpose, the Solicitor

General and his staff are specifically authorized to receive

allowances as may be provided by the Government

offices, instrumentalities and corporations concerned, in

addition to their regular compensation.

(10) Represent, upon the instructions of the President,

the Republic of the Philippines in international litigations,

negotiations or conferences where the legal position of

the Republic must be defended or presented.

(11) Act and represent the Republic and/or the people

before any court, tribunal, body or commission in any

matter, action or proceeding which, in his opinion, affects

the welfare of the people as the ends of justice may

require; and

(12) Perform such other functions as may be provided

by law.

SECTION 36. Appointments . — The Solicitor General

shall be appointed by the President and shall have the

same qualification for appointment, rank, prerogatives,

and privileges as those of the Presiding Justice of the

Court of Appeals.

The Assistant Solicitors General and the Solicitors shall

be appointed by the President upon recommendation of

the

Solicitor

General.

The

Trial

Attorneys

andadministrative personnel in the Office of the Solicitor

General shall be appointed by the Solicitor General.

SECTION 37. Acting Solicitor General . — In case of

absence or temporary incapacity of the Solicitor General,

the President shall designate an Acting Solicitor General.

In

case

of death, permanent incapacity, removal or

resignation of the Solicitor General, or vacancy thereof,

the President shall designate an Acting Solicitor General,

who shall act as such until a new Solicitor General is

appointed, or appoint a new Solicitor General.

TITLE IV Agriculture

CHAPTER 1 General Provisions

SECTION 1. Declaration of Policy . — The State shall

promote

the

well-being

of

farmers,

including

share

tenants, leaseholders, settlers, fishermen, and other rural

workers by providing an environment in which they can

increase their income, improve their living conditions,

and

maximize

their

contributions

to

the

national

economy. Toward this end, the State shall accelerate

agricultural development and enhance the production of

agricultural crops, fisheries, and livestock by optimizing

the use of resources and by applying modern farming

systems and technology in order to attain food security

for domestic use and expand and diversify agricultural

production for export. It shall also encourage private

initiative in agri-business ventures both in the production

and in the exportation and importation of food and other

allied commodities.

SECTION

2. Mandate . — The Department is the

government agency responsible for the promotion of

agricultural

development

by

providing

the

policy

framework, public investments, and support services

needed

for

domestic

and

export-oriented

business

enterprises.

In the fulfillment of this mandate, it shall be the

primary concern of the Department to improve farm

income and generate work opportunities for farmers,

© Compiled by RGL

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