Case: OSG v.

CA
Date: June 9, 2014
Ponente: Maria Lourdes P. A. Sereno

DOCTRINE

“The Local Government Code must prevail over the provisions of the Administrative Code”

FACTS:
The Municipality of Saguiran (Municipality), as respodent in a petition for mandamus
compelling them to pay the terminal leave benefits of serval of its employees, sought for the
dismissal of the case before the RTC of Lanao del Sur. The RTC issued the order dismissing that
the process sought after is not a ministerial duty; regardless, it directed the Municipality to include
the funds in its general or special budget.
Dissatisfied, the Municipality issued a notice requiring the OSG to file a Memorandum
(memo) in behalf of the Municipality. After having given an extension to file the required memo,
the OSG requested to be excused from filing on the ground that it lacks the legal authority to
represent the Municipality of Saguiran as the said municipality is equipped to be represented by
its legal officer under the Local Government Code.
The CA however, denied this petition, thus the Petition for Certiorari.

ISSUE:
Whether the OSG should represent the Municipality of Saguiran pursuant to Sec. 35 of the
Administrative Code or by the legal office of the local government unit in accordance to Sec. 481 of
the Local Government Code?

HELD:
No, being a special law on the issue of representation in court that is exclusively made
applicable to local government units, the LGC must prevail over the provisions of the
Administrative Code, which classifies only as a general law on the subject matter. Therefore, the
Legal Officer of the Municipal Government of Saguiran, Lanao del Sur, or if there is none, the
Provincial Attorney of the Province of Lanao del Sur, and not the Office of the Solicitor General, has
the duty to represent the local government unit as counsel in the case against them.