Municipality of Tiwi and Sangguniang Bayan of Tiwi v.
Betito (2010)
Facts:The Sangguniang Bayan of Tiwi (a municipality
of Albay) authorized Mayor Corral, through a resolution, to hire a lawyer to represent Tiwi in the recovery of their rightful share in realty taxes to be paid by the National Power Corporation to the province of Albay. Thus, Mayor Corral entered into a Contract of Legal services with Atty. Betito and Atty. Lawenko.
Doctrine:The Court held that the Municipality of Tiwi is
bound by the Contract of Legal Services entered into by Mayor Corral as the prior authorization of the Sangguniang Bayan of Tiwi (required under Sec. 44 of the Local Government Code for the Mayor to be able to contract on behalf of the municipality) was granted by the said Sanggunian. The Sangguniang Bayan’s ratification of the contract, however, is not necessary for the contract to bind Tiwi.