MANCENIDO VS.

CA
GR. 118605, April 12, 2000
DOCTRINE:
If the suit is filed against a local official which could result in personal liability of
said of the said official, the latter may engage the services of a private counsel.
FACTS:
Eduardo Mancenido filed an action for mandamus and damages with the RTC
against the petitioners provincial board of Camarines Norte, the school board,
provincial governor, provincial treasurer, and provincial auditor (respondents) to
pay the teacher's claim for unpaid salary increases. The RTC rendered a
decision ordering the Provincial School Board to appropriate and satisfy plaintiffs
claim in the amount of P268,800.00, as unpaid salary increases.. On appeal, the
CA rendered a decision in favor of respondents. The petitioners filed this petition
contending that the CA erred in recognizing the authority of Atty. Lapak, private
counsel, who filed the appeal on behalf of respondents.
Petitioners contend that Atty. Jose Lapak could not represent the respondents
Provincial Treasurer and Provincial School Board, because both are
instrumentalities of the National Government and may be represented only by the
OSG
ISSUE:
Whether a private counsel may represent municipal officials sued in their official
capacities?
RULING:
Yes. As a general rule, the provincial public prosecutor must represent the
municipality and its officials when sued in their official capacity except when he is
disqualified from representing a particular municipality. Nevertheless, they may
secure the services of private counsel in cases where the complaint contained
other allegations and a prayer for moral damages which must be satisfied in their
personal capacity. No error may be attributed to the appellate court when it
recognized the right of respondents to be represented by private counsel.