MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ Memorandum Circular No. 646, June 27, 1973 ]
My attention has been called to the fact that in certain instances, cases brought against the Government or its officers and employees in their official capacity are not referred to the Office of the Solicitor General as required by law but are instead assigned to legal officers of the offices concerned. This is a practice that should be discontinued. The Revised Administrative Code constitutes the Office of the Solicitor General the law office of the government and to it should be referred cases requiring a lawyer’s services in court or in any other official proceedings as well as cases which are likely to give rise to litigation. In some cases, especially those filed in the Supreme Court, important questions of policy are involved and a single-voiced statement of the Government’s position is required if embarrassment to the Government is to be avoided.
Henceforth, it is directed that all cases or proceedings involving the Government and its officers and employees and those which are likely to give rise to litigation as well as those which under existing laws are required to be referred to it for representation or counsel and that only in cases where the Solicitor General has authorized or deputized legal officers of Government in cases brought before the courts. In the latter case the appearance of the legal officer shall not be construed as in lieu or in substitution of the Solicitor General or otherwise as divesting him of control over the case.⚖ - ℒαɯρhi৷
(SGD.) FERDINAND E. MARCOS
The Lawphil Project - Arellano Law Foundation
