TO |
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ALL WATER DISTRICTS |
SUBJECT |
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MANDATED FUNCTIONS OF THE OFFICE OF THE GOVERNMENT CORPORATE COUNSEL (OGCC) RELATIVE TO REFERRAL OF LEGAL MATTERS/CASES BY WATER DISTRICTS |
Pursuant to existing laws, policy and jurisprudence, referral of all legal .matters or.cases by the Water Districts formed and created under, P.O. 198, as amended, to the Office of the Government Corporate Counsel (OGCC) for handling shall be serviced or acted upon pursuant to its mandated functions, to wit:
1. Render opinion, advice and or determination on all important legal questions.
2. Review and approved contracts including legal retainer contracts.
3. Initiate and handle exclusively expropriation cases in accordance with Section 25 of P.O. 198, as amended, notwithstanding the availability of retainer counsel.
4. Handle administrative cases either as Hearing Officer or Prosecutor.
5. Initiate and handle civil cases for and in behalf of water districts as plaintiff, complainant or petitioner.
6. Defend and handle civil cases including BIR tax collection cases for
and in behalf of water districts as defendant/respondent.
7. Initiate and assist water districts in filing criminal cases in the Prosecutors' Office as complainant or as an aggrieved party thereof.
8. Handle and prosecute for and in behalf of water districts as complainant in criminal cases filed and or pending in court with the conformity and authorization of the Department of Justice (DOJ).
9. Help and assist ONLY in the preparation of defense of the officers of water districts charged with criminal violation or infraction. However, in no case shall the assisting OGCC lawyer sign any pleading, motion, or appeal to be filed before any court or tribunal.
Official representation of OGCC for the defense in criminal cases involving officers of water districts at any stage of a criminal case or in a civil suit for damages arising from a felony is prohibited under existing jurisprudence (Urbano vs. Chavez, 183 SCRA 347), as implemented through OGCC Office Order No. 065, Series of 2001 dated May 21, 2001.
Please be guided accordingly.
AGNES VST DEVANADERA
Government Corporate Counsel
Copy furnished:
Philippine Association of Water Districts (PAWD)
LWUA Building, Katipunan Road, Balara
Quezon City
ATTY. POMPEYO U. QUERUBIN
Chairman, PAWD Board of Governors
LWUA Building, Katipunan Road Balara,
Quezon City
