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COA CIRCULAR NO. 95 011 December 04 1995 PDF
COA CIRCULAR NO. 95 011 December 04 1995 PDF
95-011
December 4, 1995
For the information and guidance of all concerned, quoted hereunder are excerpts from
the decision of the Supreme Court in the case of the Municipality of Pililla, Rizal vs. Court of
Appeals, et. al., G.R. No. 105909, promulgated on June 28, 1994:
"For the aforementioned exception to apply, the fact that the Provincial
Fiscal Disqualified to handle the Municipality's case must appear on record. In
the instant case, there is nothing in the records to show that the Provincial Fiscal
is disqualified to act as Counsel for the Municipality of Pililla on appeal, hence the
appearance of herein private Counsel is without authority of law."
The decision of the Supreme Court in the above case clearly indicates that where a
government agency is provided by law with a legal officer or office who or which can handle its
legal requirements or cases in courts, it (agency) may not be allowed to hire the services of
private lawyers for a fee, chargeable against public funds, unless exceptional or extraordinary
circumstances obtain as exemplified in the above-cited case of Municipality of Pililla, Rizal vs.
Court of Appeals, et. al.
This amends or modifies COA Circular No. 86-255, dated April 2, 1986 and all other
existing COA issuances inconsistent herewith.