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DILG OPINION l~O.~ S. 199· ·CJ---

!05 January 1999

HON. LAURO C. SUNIGA

Chairman, Committee on Ordinances
and Legal Matters
Sanggunlang Bayan
Rizal, Laguna

Re: BY INVOKING SECTION 447 (1) (2) (xii) or

THE LOCAL
GOVERNMENT CODE (RA 7160}, MAY A
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SANGGUNIANG BAYAN PASS AN ORDINANCE
APPROPRIATING FIFTY THOUSAND (P5:0,000) PESOS
PER ANNUM AS ASSISTANCE !TO BARANGAY
OFFICIALS IN PAYING LAWYERS I WHENEVER
CONFRONTED WITH LEGAL CONTROVEf SIES?

Dear Sir:

In reply to the above-oaptloned query, please tJie Informed that such

ordinance Is In contravention of existing laws and [urtsprudanca because
only accountable public officers may act for and In behalf of public entities
and that public funds should not be expended to ~lre private lawyers
(Ramos v, Court of Appeals, G.R. No. 99425, March 3, 1997). The Court
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ratiocinated that the munlclpallty should not be burdened with expenses

of hiring a private lawyer and that the Interests of th!e municipality would
be best protected If a government lawyer handles Its lltlgatlon (Ibid.).
While the foregoing case refers to muntclpallty, we• are of the view that
same principle applies to barangay as a polltlcal subdivision. Should a
barangay be confronted by legal controversy, ft may ~eek assistance from
the munlolpal attorney, or In his absence, from the provincial attorney
(Section 19, RA 5185, In relation to Section 481 of trye Local Government
Code [RA 7160]). .

Hope to have enlightened you on the matter.

REGISTRY RECEIPT ours,

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.JE I. INGENIERO
lstant Secretary