back

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
3rd Floor MWSS Administration Building,
Katipunan Road Balara, Quezon City

July 9, 2002

TO : ALL GOVERNMENT OWNED AND CONTROLLED CORPORATIONS/SUBSIDIARIES WITH LEGAL DEPARTMENTS OR IN-HOUSE LEGAL COUNSELS

SUBJECT: GUIDELINES IN REFERRAL OF CASES TO THE OFFICE OF THE GOVERNMENT CORPORATE COUNSEL (OGCC)

Attached for your information, guidance and compliance, a copy of Circular No. I of the Office of the Government Corporate Counsel on the subject "GUIDELINES IN REFERRAL OF CASES TO THE OFFICE OF THE GOVERNMENT CORPORATE COUNSEL (OGCC)". Specifically, government-owned and controlled corporations with its own legal department or in-house legal counsels are hereby enjoined to comply with the attached circular,

For your information and guidance.

AMADO D. VALDEZ
Government Corporate Counsel

 

July 9, 2002

OGCC CIRCULAR NO, 1 Series of 2002

GUIDELINES IN REFERRAL OF CASES

The Office of the Government Corporate Counsel (OGCC) as the principal legal counsel of all government owned and controlled corporations, subsidiaries and corporate offsprings hereby adopts the following guidelines in referral of cases:

1. Pursuant to its mandate and policy, referral to the OGCC for handling of cases shall be limited to those which cases are important in nature. Particularly cases which:

a) affect the GOCCs Charter/mandate

b) affect drastically their operations;

c) involve only questions of law;

d) jurisprudence setting which will enhance and improve the mandate of a GOCC;

e) collection cases involving the amount of P500,000 and above; and

f) involves damages arising from contracts of GOCCs in the amount of P500,000.00 or above

2. Referral of civil and criminal cases whether as plaintiffs/ complainants or defendants/respondents shall contain the following:

a) brief historical background of the case;

b) photocopies of pertinent documents

c) the knowledgeable contact person for facilitation of OGCC's requests for clarification and/or additional documents

d) endorsement by the Head of GOCC or Head of Legal Department

3. The legal department of the GOCC shall handle cases which are common and uncomplicated in nature and those involving amounts of less than P500,000.00. However, the handling of the said cases shall still be subject to OGCC's supervisory and continuing review. In this respect, the legal department shall submit a quarterly status report of all cases handled by its legal department and to submit for approval any settlement or compromise of case specially if the GOCC pays a considerable amount or obligates the government to a liability.

4. Any referral of cases made not in accordance with this circular shall be returned to the GOCC without action and the consequential responsibility shall be shouldered by the Head of the GOCC concerned.

The Government Corporate Counsel (GCC), may in the interest of the service approve the handling of the OGCC of common or uncomplicated cases provided the- Head of the GOCC shall justify the same in writing.

5. This Circular shall take effect immediately.

 

(sgd.) AMADO D. VALDEZ
Government Corporate Counsel