Republic of the Philippines

Office of the Solicitor General

MEMORANDUM

FOR      :      ALL GOVERNMENT/CLIENT AGENCIES AND LOCAL

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

RE      :      REVISED GUIDELINES ON DEPUTATION OF PRIVATE

LAWYERS AND SPECIAL ATTORNEYS

DATE      :      December 15, 2015

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 againts 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. 3Moreover, the Solicitor General
retains supervision and control over said legal officers with respect to the cases
handled by them.4

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 acquiescence of the Office of the Solicitor General and the
written concurrence of COA before the hiring of private lawyers and law firms. 6

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
e. The letters 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 Propsed 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 or 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.
4. The OSG, not being the lawyer 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 requests 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 allowed.

For your information and guidance.

(Sgd.)FLORIN T. HILBA
             Solicitor General