Case Digest (G.R. No. 99425)
Facts:
- Petitioners Antonio C. Ramos, Rosalinda M. Perez, Norma C. Castillo, and the Baliuag Market Vendors Association, Inc. filed a petition on April 18, 1990, before the Regional Trial Court of Bulacan, Branch 19.
- The petition sought the nullification of Municipal Ordinances No. 91 (1976) and No. 7 (1990) and a lease contract over a commercial arcade in Baliuag, Bulacan.
- During the hearing on April 27, 1990, the Provincial Fiscal appeared as counsel for the respondent Municipality of Baliuag, opposing the petition.
- A writ of preliminary injunction was issued on May 9, 1990.
- The Provincial Fiscal and Provincial Attorney Oliviano D. Regalado filed an Answer on behalf of the municipality.
- At the pre-trial conference on May 28, 1990, Atty. Roberto B. Romanillos appeared as counsel for the municipality, filing motions and participating in proceedings.
- Petitioners questioned Romanillos' authority on August 10, 1990, and formally moved to disqualify him on August 20, 1990.
- A joint motion was filed on August 22, 1990, by Atty. Romanillos and Atty. Regalado, with Romanillos withdrawing and Regalado adopting the proceedings.
- The trial court denied the petitioners' motion to disqualify Romanillos and declared the proceedings valid.
- The Court of Appeals dismissed the petition and denied the motion for reconsideration, leading to this petition for review.
Issue:
- (Unlock)
Ruling:
- No, a municipality cannot be represented by a private counsel in a suit against it, except in exceptional instances.
- The proceedings undertaken by an unauthorized private counsel can be validated if adopted by an authorized counsel, provided no injustice is caused to the adverse party and no compensation is paid to the private lawyer.
- Yes, the provincial attorney can act as counsel for a municipality in a suit.
- Yes, the provincial attorney can adopt with legal ...(Unlock)
Ratio:
- The Supreme Court affirmed the decision and resolution of the Court of Appeals.
- Only the provincial fiscal, provincial attorney, and municipal attorney are authorized to represent a municipality in lawsuits, as per Section 1683 of the Revised Administrative Code and related jurisprudence. ...continue reading
Case Digest (G.R. No. 99425)
Facts:
The case of "Ramos v. Court of Appeals" involves petitioners Antonio C. Ramos, Rosalinda M. Perez, Norma C. Castillo, and the Baliuag Market Vendors Association, Inc., who filed a petition on April 18, 1990, before the Regional Trial Court of Bulacan, Branch 19, presided by Judge Camilo O. Montesa, Jr. The petition sought the declaration of nullity of Municipal Ordinances No. 91 (1976) and No. 7 (1990) and a contract of lease over a commercial arcade in Baliuag, Bulacan. During the hearing on April 27, 1990, the Provincial Fiscal appeared as counsel for the respondent Municipality of Baliuag, opposing the petition, leading to the issuance of a writ of preliminary injunction on May 9, 1990. Subsequently, the Provincial Fiscal and Provincial Attorney Oliviano D. Regalado filed an Answer on behalf of the municipality. However, at the pre-trial conference on May 28, 1990, Atty. Roberto B. Romanillos appeared as counsel for the municipality, filing motions and participating in proceedings. Petitioners questioned his authority on August 10, 1990, and formally moved to disqualify him on August 20, 1990. A joint motion was filed on August 22, 1990, by Atty. Romanillos and Atty. Regalado, with Romanillos withdrawing and Regalado adopting the proceedings. The trial court denied the petitioners' motion to disqualify Romanillos and declared the proceedings valid. The Court of Appeals dismissed the petition and denied the motion for reconsideration, leading to this petition for review.
Issue:
- Can a municipality be represented in a suit against it by a private counsel under p...