Friday, March 31, 2023

Loss of confidence in the Solicitor General

 



"11. ID.; ID.; PLEADINGS AND PRACTICE; THE SOLICITOR GENERAL IS NOT ABSOLUTELY REQUIRED TO REPRESENT A GOVERNMENT AGENCY NEITHER IS THE LATTER ABSOLUTELY COMPELLED TO AVAIL OF THE SOLICITOR GENERAL’S SERVICES. — Government agencies, including government corporations, must look to the Solicitor General to the Solicitor General, in the first instance, to represent them in legal proceedings. However, in much the same way that the Solicitor General is not absolutely required to represent a government agency, neither is the latter absolutely compelled to avail of the Solicitor General’s services. A justifiable departure from the general rule is when the agency has lost confidence in the Solicitor General, as demonstrated by its past actuations exemplified in the instant case where the DBP would rather rely on its "in house" resources for legal services. In this case, therefore, we grant DBP’s prayer to terminate the services of the OSG.

Source - 

[G.R. No. 96921. January 29, 1993.]

DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, Petitioners, v. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., Respondents.

Office of the Government Corporate Counsel for petitioners.


Link - chanrobles.com. 

https://www.chanrobles.com/cralaw/1993januarydecisions.php?id=68