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[G.R. No. 149145. September 3, 2003]

ROMAN CATHOLIC BISHOP OF KALIBO, AKLAN vs. MUNICIPALITY OF BURUANGA, AKLAN

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 3 2003.

G.R. No. 149145 (Roman Catholic Bishop of Kalibo, Aklan, represented by Bishop Juan N. Nilmar vs. Municipality of Buruanga, Aklan, represented by the Hon. Mayor Protacio S. Obrique.)

Acting on the petition filed on September 10, 2001, the Court required the respondent Municipality to file its Comment thereon. The petition was served on Atty. Elmo F. Del Rosario, Provincial Prosecutor of Aklan, for herein respondent.

However, the respondent failed to file its comment.

In a Resolution dated April 9, 2002, the Court required the Provincial Prosecutor of Aklan to show cause why he should not be held in contempt of court for failure to file the required Comment. This was followed by a Resolution dated September 2, 2002, imposing a fine of P2,000 for his continued failure to comply with the Court's resolution.

Consequently, a Motion for Reconsideration of the aforesaid resolution was filed by Provincial Prosecutor Lourdes Quimpo-Mayor on October 4, 2002, averring that it should be the Office of the Solicitor General (OSG) which should file the required comment in the instant case in behalf of the Municipality. In a Comment dated May 29, 2003, the OSG posited that "Under [Section 1683 of the Revised Administrative Code], complemented by Section 3, Republic Act No. 2264, the Local Autonomy Law, only the Provincial Fiscal and the Municipal Attorney can represent a Province or Municipality in their lawsuits."

On June 18, 2003, the Court resolved to deny the Provincial Prosecutor's Motion for Reconsideration for lack of merit. Under Republic Act No. 7160 (Local Government Code of 1991), municipalities and provinces may employ municipal or provincial attorneys. In suits involving a municipality or a province, they may be represented by said attorneys or in their absence by the provincial prosecutor.

IN VIEW OF THE FOREGOING, the respondent, through its municipal attorney or in his absence, the provincial attorney, or in his absence, the provincial prosecutor is DIRECTED to file its comment on the petition within ten (10) days from notice hereof.

Very truly yours,

(Sgd.)TOMASITA B. MAGAY-DRIS
Clerk of Court

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