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Romeo Salalima vs. Teofisto Guingona JR

The document summarizes an administrative complaint filed against Albay government officials for hiring private lawyers and paying them P7.38 million in legal fees to represent the province in a case. It notes respondents exceeded their authority by not using the legal officer as required by law. The Supreme Court found respondents violated the Local Government Code and incurred administrative liability for the irregular transaction.

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Loojee Bayles
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272 views2 pages

Romeo Salalima vs. Teofisto Guingona JR

The document summarizes an administrative complaint filed against Albay government officials for hiring private lawyers and paying them P7.38 million in legal fees to represent the province in a case. It notes respondents exceeded their authority by not using the legal officer as required by law. The Supreme Court found respondents violated the Local Government Code and incurred administrative liability for the irregular transaction.

Uploaded by

Loojee Bayles
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Facts:

This refers to the administrative complaint filed against Albay Governor Romeo Salalima,Vice-Governor Danilo Azafla,
Albay Sangguniang Panlalawigan Members Juan Victoria, LorenzoReyeg, Jesus Marcellana, Arturo Osia, Clenio Cabredo,
Ramon Fernandez, Jr., Masikap Fontanilla,Vicente Go, Sr., and Nemesio Baclao relative to the retainer contract for legal
services entered into between the Province of Albay, on the one hand, and Atty. Jesus R. Cornago and the Cortes&
Reyna Law Firm, on the other, and the disbursement of public fund in payment thereof. The complaint alleges that by
entering into the retainer agreement with private lawyers and paying P7, 380, 410.31 to the said private lawyers,
respondents violated several provisions of law which warrants the imposition of administrative penalties against them. It
is to be noted that respondents Victoria, Reyes, Cabredo, Marcellana and Osia were not yet members of the
Sangguniang Panlalawigan when Resolution No. 129 was passed. However, the complaint alleges that these respondents
were named in the complaint because they approved the supplemental budget/appropriation ordinances providing for
the payment of the attorney’s fees.

Issue: Whether or not WON respondents have incurred administrative liability in entering into the retainer
agreement with Atty. Cornago and the Cortes & Reyna Law Firm and in making payments pursuant to said agreement for
purposes of the case filed by NPC with the Supreme Court against the Province.

SC Decision:

In hiring private lawyers to represent the Province of Albay, respondents exceeded their authority and violated a
provision of the LGC and a Supreme Court doctrine. Moreover, the entire transaction was attended by irregularities.

Sec. 481 LGC : requires the appointment of a legal officer to represent the LGU in all civil actions and special proceedings
wherein the LGU or any official thereof, in his official capacity is a party

EXCEPTION: In actions or proceedings where a component city or municipality is a party adverse to the provincial
government or to another component city or municipality, a special legal officer may be employed to represent the
adverse party
CASE NO. 12
ROMEO SALALIMA VS. TEOFISTO GUINGONA JR
257 SCRA 55

IGNACIO, PRINCESS MAE J.

OLAYO, JOSEL ANNE B.

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