Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL NO: 2678

Introduced by Honorable Jose Carlos L. Cari

EXPLANATORY NOTE

This bill seeks to authorize local government units and public officials to engage the
services of special or private counsels to represent them before courts of law in criminal, civil,
and special proceeding cases. Under Section 481 of Republic Act No. 7160, otherwise known as
the Local Government Code, it is only the Legal Officer who shall represent the local
government unit in all civil actions and special proceedings wherein the local government unit or
any official thereof, in his official capacity, is a party. It has been observed, however, that the
legal officer, due to the volume of work involved in other duties, could not attend the cases or
would give small attention to its prosecution or defense. Moreover, local government units and
its officers, who want to avail of the services of competent counsel, could not do so due to the
prohibitions under the law.

With the enactment of this bill, local government units and public officials can avail the
services of competent and available counsel of their choice. The interests of the local
government is likewise protected considering that the legal officer would still represent the local
government or the official in collaboration with the chosen private counsel, and the
compensation of the latter shall not be taken from public funds but is for the account of the
concerned public official. Thus, the local government unit and the concerned public officer are
assured of adequate legal protection and representation in courts of law.

In view of the foregoing, approval of this bill is earnesyfy sought.

/

LAL |

JOSE CARLOS L. CART


Republic of the Philippines
‘ HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HOUSE BILL-NO.__ 2678

By Honorable Jose Carlos L. Cari

AN ACT
AUTHORIZING LOCAL GOVERNMENT UNITS AND PUBLIC OFFICERS TO
SECURE THE SERVICES OF SPECIAL OR PRIVATE COUNSELS IN CRIMINAL,
CIVIL AND SPECIAL PROCEEDINGS CASES, AMENDING FOR THIS PURPOSE
SECTION 481 OF REPUBLIC ACT NO, 7160, OTHERWISE KNOWN AS THE LOCAL,
GOVERNMENT CODE OF 1991,

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION |. Section 481 of Republic Act No. 7160, otherwise known as the Local
Government Code is hereby amended to read as follows:

" SEC. 481. Qualifications, Term, Powers and Duties. ~

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(3) In addition to the foregoing duties and functions, the legal officer shall:

(i) Represent the local government unit in all civil actions and special proceedings
wherein the local government uhit or any official thereof, in his official capacity,
is a party: Provided, That, in actions or proceedings where a component city or
municipality is a party adverse to the provincial government or to another
component city or municipality, a special legal officer may be employed to
represent the adverse party: Provided, Further, That, a private counsel may be
allowed to represent the local government unit or any official thereof in_al
criminal, civil, and special proceedings when authorized to do so by the governor,
mayor, or sanggunian concerned; In such case, the leval officer shall appear in
collaboration with the special or private counsel; The compensation of the special
or private counsel shall be for the account of the governor, mayor, or public
officer concerned and shall not be taken from public funds: Moreover, the source
and manner of compensation for the special or private counsel shall be clearly
provided in the authorization issued by the governor, mayor, or_sanggunian
concerned:

(ii) When required by the governor, mayor or sanggunian, draft ordinances,
contracts, bonds, leases and other instruments, involving any interest of the local
government unit; and provide comments and recommendations on any
instruments already drawn;

(iii) Render his opinion in writing on any question of law when requested to do so
by the governor, mayor, or sanggunian;



(iv) Investigate or cause to be investigated any local official or employee for
administrative neglect or misconduct in office, and recommend appropriate action
to the governor, mayor or sanggunian, as the case may be;

(v) Investigate or cause to be investigated any person, firm or corporation holding
any franchise or exercising any public privilege for failure to comply with any
term or condition in the grant of such franchise or privilege, and recommending
appropriate action to the governor, mayor or sanggunian, as the case may be;

(vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute
in the interest of the local government unit concerned any civil action on any
bond, lease or other contract upon any breach or violation thereof without
fo 10" mayor, or sanggunian to representation by
pecial or private counsel under item (b) (3) (i) of this section; and

(vii) Review and submit recommendations on ordinances approved and executive
orders issued by component units;

(3) Recommend measures to the sanggunian and advise the governor or mayor as
the case may be on all other matters related to upholding the rule of law ;

(4) Be in the frontline of protecting human rights and prosecuting any violations
thereof, particularly those which occur during and in the afterniath of man-made
or natural disasters or calamities; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.”

SECTION 2. Repealing Clause. All laws, executive orders, rules and regulations or parts
thereof which may be inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

SECTION 3. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,