CASE 2013-0002: ROMEO A. GONTANG, IN HIS OFFICIAL CAPACITY AS MAYOR OF GAINZA, CAMARINES SUR VS. ENGR. CECILIA ALA YAN (G.R. NO. 191691, 16 FEBRUARY 2013, PERLAS-BERNABE, J.) SUBJECT/S: AUTHORITY OF COUNSEL TO REPRESENT IN COURT A GOVERNMENT OFFICIAL (BRIEF TITLE: GONTANG VS. YAN)

 

 

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DISPOSITIVE:

 

 

WHEREFORE, the petition is GRANTED. The assailed May 26, 2009 and March 22, 2010 Resolutiems of the Court of Appeals (CA) in CAG. R. SP No. 107366 are hereby SET ASIDE. The case is REMANDED to the CA for further proceedings.

 

 

SO ORDERED.

 

 

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SUBJECTS/DOCTRINES/DIGEST:

 

 

ENGR. YAN FILED A CASE FOR MANDAMUS AND DAMAGES AGAINST MAYOR GONTANG. RTC ISSUED WRIT OF EXECUTION AGAINST THE MAYOR. THE MAYOR ENGAGED THE SERVICES OF  PRIVATE LAWYERS TO FILE PETITION FOR CERTIORARI AT THE CA. THE CA DISMISSED THE PETITION ON THE GROUND THAT THE PRIVATE LAWYERS CANNOT REPRESENT THE MAYOR.  IS THE CA RULING CORRECT?

 

NO. THE DEAMAGES COULD HAVE RESULTED TO PERSONAL LIABILITY ON THE PART OF THE MAYOR. THUS HE CANNOT BE DEEMED TO HAVE BEEN IMPROPERLY REPRESENTED BY A PRIVATE COUNSEL.

 

 

The present case stemmed from Special Civil Action No. 2002-0019 for mandamus and damages.13The damages sought therein could have resulted in personal liability, hence,petitionercannot be deemed to have been improperly represented by private counsel.14 In Alinsug v. RTC Br. 58, SanCarlos City, Negros Occidental,15 the Court ruled that in instances like the present case where personal liability on the part of local government officials is sought, they may properly secure the services of private counsel, explaining:

 

 

The petition for mandamus, inter alia seeks “that respondent be held personally liable for the

amount of One Hundred Thousand Pesos (P100,000) by way of moral damages suffered by the

petitioner; Fifty Thousand Pesos (P50,000) by way of exemplary damages; Ten Thousand Pesos

(P10,000) as and for attorney’s fees; One Thousand Pesos (P1,000) per appearance; plus costs of the

suit amounting to not less than Five Thousand Pesos (P5,000) all in favor of the petitioner.”

 

 

It can happen that a government official, ostensibly acting in his

official capacity and sued in that capacity, is later held to have exceeded

his authority. On the one hand, his defense would have then been

underwritten by the people’s money which ordinarily should have been his

personal expense. On the other hand, personal liability can attach to him

without, however, his having had the benefit of assistance of a counsel of

his own choice. In Correa v. CFI, the Court held that in the discharge of

governmental functions, ‘municipal corporations are responsible for the

acts of its officers, except if and when, and only to the extent that, they

have acted by authority of the law, and in conformity with the

requirements thereof.

 

 

In such instance, this Court has sanctioned the representation by

private counsel. In one case, We held that where rigid adherence to the

law on representation of local officials in court actions could deprive a

party of his right to redress for a valid grievance, the hiring of a private

counsel would be proper. And in Albuera v. Torres, this Court also said

that a provincial governor sued in his official capacity may engage the

services of private counsel when “the complaint contains other allegations

and a prayer for moral damages, which, if due from the defendants, must

be satisfied by them in their private capacity.16 (Citations omitted)

 

 

Consequently Attys.Fandiño and Saulonhad the authority to represent

petitioner at the initial stages of the litigation and this authority continued

even up to his appeal17 and the filing of the petition for certiorari with the

CA respecting the execution of the RTC judgment.18It was therefore an error for the CA to have dismissed the said petition for certiorari on the ground of unauthorized representation.

 

 

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SCD-2013-0002- JAN 2013 – GONTANG