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[G.R. No. 164334. August 3, 2004]
SAN JOSE WATER DISTRICT vs. CORPUS
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 3 2004 .
G.R. No. 164334 (San Jose Water District as represented by its General Manager Eng'r Sonia S. Nacua and/or Chairman of the Board of Directors Atty. Antonio Ll. Paguia, Jr. vs. Potencia B. Corpus.)
Herein petitioner is a government-owned or controlled corporation (GOCC) existing and operating under P.D. No. 198. Before this Court, petitioner is represented by Atty. Nemesio V. Flora, of the N.V. Flora Law Office.
The Court in the case of Phividec v. Capitol Steel 1 applied the Administrative Code of 1987, 2 Office of the President Memorandum Circular No. 9 3 and Commission on Audit Circular No. 86-255, 4 and ruled as follows:
However, indispensable conditions precedent were imposed before any hiring of private lawyer could be effected. First, private counsel can be hired only in exceptional cases. Second, the GOCC must first secure the written conformity and acquiescence of the Solicitor General or the Government Corporate Counsel, as the case may be, before any hiring can be done. And third, the written concurrence of the COA must also be secured prior to the hiring.
WHEREFORE, there being no showing in the present petition that petitioner has complied with the aforementioned conditions precedent before engaging the services of the private counsel, the petition is DISMISSED.
Very truly yours,
(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court
Endnotes:
1 G.R. No. 155692, 23 October 2003.
2 In particular Section 10, Book IV, Title III, Chapter 3.
3 Issued by the Office of the President on 27 August 1998.
4 Issued on 2 April 1986.
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