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MEMORANDUM CIRCULAR NO. 152

MEMORANDUM CIRCULAR NO. 152 - REITERATING THE PROVISIONS OF Sec. 35, CHAPTER 12, TITLE III, BOOK IV OF THE 1987 ADMINISTRATIVE CODE ON THE NATURE AND EXTENT OF THE POWER AND AUTHORITY VESTED BY LAW IN THE SOLICITOR GENERAL

Pursuant to the provisions of Sec. 35, Chapter 12, Title III, Book IV of the 1987 Administrative Code, 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."

The same section provides that the Office of the Solicitor General shall have the following specific powers and functions, among others:

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" (Subsection 1).

2. "Deputize, whenever in the opinion of the Solicitor General the public interest requires, any provincial or city [prosecutor] 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 [prosecutor]. When so deputized, the [prosecutor] shall be under the control and supervision of the Solicitor General with regard to the conduct of the proceedings assigned to the [prosecutor], and he may be required to render reports or furnish information regarding the assignment" (Subsection 7).

3. "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" (Subsection 8).

In Gonzales vs. Chavez (G.R. No. 97351, 4 February 1992), the Supreme Court declares that from the historical and statutory perspectives, "it is beyond cavil that it is the Solicitor General who has been conferred the singular honor and privilege of being the 'principal law officer, and legal defender of the government.' One would be hard put to name a single legal group or law firm that can match the expertise, experience, resources, staff and prestige of the OSG which were painstakingly built up for almost a century."

The Supreme Court states that "[s]ound government operations require consistency in legal policies and practices among the instrumentalities of the State. Moreover, an official learned in the law and skilled in advocacy could best plan and coordinate the strategies and moves of the legal battles of the different arms of the government."

The Office of the Solicitor General has noted that in certain instances, cases filed against the Government or its officials and employees in their official capacity are not referred to the said Office. Instead, these cases are assigned to the legal officers of the government agency concerned. In some of these cases, with particular reference to those brought before the Supreme Court, important questions of policy or constitutional dimension are involved. In these instances, it behooves the Government to take an approach to and to take a stand on legal problems, policies and issues consistent with its previous position on legal problems, policies and issues of the same nature.

In accordance with the provisions of Sec. 35, Chapter 12, Title III, Book IV of the 1987 Administrative Code, the following are hereby directed:

1. All litigation, proceedings or matters involving the Government and its officials and employees, those likely to give rise to litigation and those which under existing laws are required to be referred to the Office of the Solicitor General should be referred to the said Office for representation or counsel; and

2. Provincial or City Prosecutors and Legal Officers of government agencies, in cases-involving their respective agencies, shall appear of represent the Government only when the Solicitor General has authorized or deputized such Provincial or City Prosecutors and Legal Officers. The Provincial or City Prosecutors or Legal Officers involved shall be under the supervision and control of the Office of the Solicitor General with respect to such cases subject of deputation.

Manila, Philippines, 7 May 1992

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MEMORANDUM CIRCULARS