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 against 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.

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

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 Proposed 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 firm 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 in not required.

4. The OSG, not being the lawyer of Local Government Units, cannot deputize private
lawyers to handle LGU cases. 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