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grimillit of fir ihittippints
DATE / TIME
COMMISSION ON AUDIT
Coltutuntiuralfli (kintur, Ourzint Cif, Prilippittrs
MAR

COA MEMORANDUM NO. Mei- 010

TO : All Sector Heads, Directors of Central and Regional Offices,

Supervising Auditors, Auditors/Audit Team Leaders, and all
Others Concerned

SUBJECT : Dissemination of the Revised Guidelines on the Deputation of

Private Lawyers and Special Attorneys

For the information and guidance of all concerned, quoted hereunder is the full
text of the Revised Guidelines on the Deputation of Private Lawyers and Special
Attorneys dated December 15, 2015 issued by the Solicitor General as follows:

MEMORANDUM

FOR ALL GOVERNMENT/CLIENT AGENCIES AND LOCAL

GOVERNMENT UNITS REQUESTING THE OFFICE
OF THE SOLICITOR GENERAL'S DEPUTATION OF
PRIVATE LAWYERS AND SPECIAL ATTORNEYS

RE REVISED GUIDELINES ON DEPUTATION OF PRIVATE

LAWYERS AND SPECIAL ATTORNEYS

DATE DECEMBER 15, 2015

x x
Pursuant to Section 35(1) of Executive Order No. 292, it is only the Solicitor General
who can bring actions on behalf of or defend actions against the Republic of the Philippines.1

The Solicitor General may, however, deputize legal officers of government departments,
bureaus, agencies and offices to assist him and appear or represent the Government in cases
involving their respective offices, brought before the courts, and exercise supervision and control
over such legal officers with respect to such cases.2 The deputized legal officer, however, must
first secure the written authority of the Solicitor General.' Moreover, the Solicitor General retains
supervision and control over said legal officers with respect to the cases handled by them.'

Meanwhile, government agencies and instrumentalities may engage the services of

private lawyers or a law firm only in exceptional cases.5 In fact, Commission on Audit Circular
No. 95-011, as amended by COA Circular No. 98-002, requires the prior written conformity and

1 City Fiscal of Tacloban v. Hon. Pedro S. Espina, G.R. No. 83996, October 21, 1998.
2 Section 35 (8), E.O. No. 292.
3 Civil Service Commission v. Asensi, G.R. No. 160657, December 17, 2004.
4 Id.
5 Polloso V. Gangan, et al., G.R. No. 140563, July 14, 2000.
acquiescence of the Office of the Solicitor General and the written concurrence of COA before
the hiring of private lawyers and law firms.'

Accordingly, the following guidelines on deputation of private lawyers and special

attorneys are hereby established:

1. A request for the original deputation of private counsel or special attorney must be
accompanied by the following documents:

a. Curriculum Vitae;
b. Mandatory Continuing Legal Education (MCLE) Certificate for the current
compliance period;
c. Integrated Bar of the Philippines (IBP) Certificate of Good Standing for the
current year;
d. Copy of the Proposed Contract of Service (for private lawyers and law firms
only); and
C. The letter request for deputation of private counsel must also state the reason
of the need to engage their services.

2. A request for the renewal of deputation shall be accompanied by the following

documents:

a. Updated MCLE Certificate, if applicable;

b. IBP Certificate of Good Standing for the current year;
c. Status Report of Cases previously handled, if any; and
d. Copy of the Proposed Contract of Service.

3. In the hiring of private lawyers to act as technical consultants for the government or
client agency concerned, the requisite prior written conformity and acquiescence of
the Solicitor General need not be obtained: Provided, however,

That said technical consultant's services pertain exclusively and are limited to purely
technical matters: Provided, further, That under the terms and conditions of the
Proposed Contract of Service, such technical consultant is prohibited from rendering
legal services to the government or client agency concerned. The term "legal
services" shall mean any activity, in and out of court, that requires the application of
law, legal procedure, knowledge, training and experience. The term shall also include
giving notice or rendering any kind of service, which device or service requires the
use in any degree of legal knowledge or skill:7 Provided, finally, That the government ,
of client agency concerned shall secure a clearance from the Solicitor General that his
prior written conformity and acquiescence for the hiring of such technical consultant
is not required.

6 Accordingly and pursuant to this Commission's exclusive authority to promulgate accounting and auditing rules and regulations,
including for the preservation and disallowance of irregular, unnecessary, excessive, extravagant and/or unconscionable expenditure or
uses of public funds shall not be utilized for payment of the services of a private legal counsel or law firm to represent government
agencies and instrumentalities, including government-owned or controlled corporations and local government units in court or to
render legal services for them. In the event that such legal services cannot be avoided or its justified under extraordinary or exceptional
circumtances for government agencies and instrumentalities, including government-owned or controlled corporations, the written
conformity and acquiescence of the Solicitor General or the Government Corporate Counsel, as the case may be, and the written
concurrence of the Commission on Audit shall first be secured before the hiring or employment of a private lawyer or law firm.
7 Cayetano v. Monsod, G.R. No. 100113, September 3, 1991
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 4. The OSG, not being the lawyers of Local Government Units, cannot deputize private
lawyers to handle LGU cases.8 Hence, all requests for deputation of private lawyers
by LGUs shall be denied outright.

5. All request for deputation, original or for renewal, must be sent to, and received by,
the OSG prior to the effectivity of the period stated in the Proposed Contract of
Service as no retroactive deputation shall be allowed.

For your information and guidance.

(SGD) FLORIN T. HILBAY

Solicitor General

For guidance and information of all concerned.

4414//
gar 17r.'
MICHv L. G. AG INALDO
Chairperson
\ COMMISSION ON AUDIT
OFFICE OF THE CHAIRPERSON

II MO1 1 1
I

8 COA Circular No. 98-002 dated June 9, 1998; Office of the Solicitor General v. CA, 725 SCRA 469, 478-479 (2014); see also
Municipality of Pililla, Rizal v. Court of Appeals, 233 SCRA 484 (1994).
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