OGCC as counsel for GOCCs

The designation of the OGCC as the legal counsel for GOCCs is set forth by statute, initially by Rep. Act No. 3838, then reiterated by the Administrative Code of 1987. Given that the designation is statutory in nature, there is no impediment for Congress to impose a different role for the OGCC with respect to particular GOCCs it may charter. Congress appears to have done so with respect to GSIS, designating the OGCC as a “legal adviser and consultant,” rather than as counsel to GSIS. (GSIS v. Court of Appeals, G.R. No. 183905, April 16, 2009)