Revised Guidelines on Deputation of Private Lawyers and Special Attorneys

December 15, 2015

OSG MEMORANDUM

 

Pursuant to Section 35 (1) of Executive Order No. 292, it is only the Solicitor General who can bring actions on behalf of or defend actions against the Republic of the Philippines. 1

The Solicitor General may, however, deputize legal officers of government departments, bureaus, agencies and offices to assist him 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. 2 The deputized legal officer, however, must first secure the written authority of the Solicitor General. 3 Moreover, the Solicitor General retains supervision and control over said legal officers with respect to the cases handled by them. 4

Meanwhile, government agencies and instrumentalities may engage the services of private lawyers or a law firm only in exceptional cases. 5 In fact, Commission on Audit Circular No. 95-011, as amended by COA Circular No. 98-002, requires the prior written conformity and acquiescence of the Office of the Solicitor General and the written concurrence of COA before the hiring of private lawyers and law firms. 6

Accordingly, the following guidelines on deputation of private lawyers and special attorneys are hereby established:

1. A request for the original deputation of private counsel or special attorney must be accompanied by the following documents:

a. Curriculum Vitae;

b. Mandatory Continuing Legal Education (MCLE) Certificate for the current compliance period;

c. Integrated Bar of the Philippines (IBP) Certificate of Good Standing for the current year; CAIHTE

d. Copy of the Proposed Contract of Service (for private lawyers and law firms only);and

e. The letter request for deputation of private counsel must also state the reason of the need to engage their services.

2. A request for the renewal of deputation shall be accompanied by the following documents:

a. Updated MCLE Certificate, if applicable;

b. IBP Certificate of Good Standing for the current year;

c. Status Report of Cases previously handled, if any; and

d. Copy of the Proposed Contract of Service.

3. In the hiring of private lawyers to act as technical consultants for the government or client agency concerned, the requisite prior written conformity and acquiescence of the Solicitor General need not be obtained: Provided, however,That said technical consultant's services pertain exclusively and are limited to purely technical matters: Provided, further,That under the terms and conditions of the Proposed Contract of Service, such technical consultant is prohibited from rendering legal services to the government or client agency concerned. The term "legal services" shall mean any activity, in and out of court, that requires the application of law, legal procedure, knowledge, training and experience. The term shall also include giving notice or rendering any kind of service, which device or service requires the use in any degree of legal knowledge or skill: 7Provided, finally,That the government or client agency concerned shall secure a clearance from the Solicitor General that his prior written conformity and acquiescence for the hiring of such technical consultant is not required.

4. The OSG, not being the lawyer of Local Government Units, cannot deputize private lawyers to handle LGU cases. 8 Hence, all requests for deputation of private lawyers by LGUs shall be denied outright.

5. All requests for deputation, original or for renewal, must be sent to, and received by, the OSG prior to the effectivity of the period stated in the Proposed Contract of Service as no retroactive deputation shall be allowed.

For your information and guidance.

(SGD.) FLORIN T. HILBAYSolicitor General

Footnotes

1. City Fiscal of Tacloban v. Hon. Pedro S. Espina, G.R. No. 83996, October 21, 1988.

2. Section 35 (8), E.O. No. 292.

3. Civil Service Commission v. Asensi,G.R No. 160657, December 17, 2004.

4. Id.

5. Polloso v. Gangan, et al., G.R. No. 140563, July 14, 2000.

6. Accordingly and pursuant to this Commission's exclusive authority to promulgate accounting and auditing rules and regulations, including for the preservation and disallowance of irregular, unnecessary, excessive, extravagant and/or unconscionable expenditure or uses of public funds shall not be utilized for payment of the services of a private legal counsel or law firm to represent government agencies and instrumentalities, including government-owned or controlled corporations and local government units in court or to render legal services for them. In the event that such legal services cannot be avoided or is justified under extraordinary or exceptional circumstances for government agencies and instrumentalities, including government-owned or controlled corporations, the written conformity and acquiescence of the Solicitor General or the Government Corporate Counsel, as the case may be, and the written concurrence of the Commission on Audit shall first be secured before the hiring or employment of a private lawyer or law firm (Emphasis supplied).

7. Cayetano v. Monsod, G.R. No. 100113, September 3, 1991.

8. COA Circular No. 98-002 dated June 9, 1998; Office of the Solicitor General v. CA, 725 SCRA 469, 478-479 (2014); see also Municipality of Pililla, Rizal v. Court of Appeals,233 SCRA 484 (1994).