G.R. No. L-6528; May 25, 1953
MUNICIPALITY OF BOCAUE and PROVINCE OF BULACAN, plaintiffs-appellants, vs. SEVERINO MANOTOK and MARIA MANOTOK, defendants-appellees.

FACTS

The Municipality of Bocaue and the Province of Bulacan, represented by the Provincial Fiscal, filed an expropriation case in the Court of First Instance of Bulacan against Severino Manotok and Maria Manotok. The defendants filed an answer and later a motion to dismiss, arguing the issue was already settled by Supreme Court decisions. The Provincial Fiscal joined the motion to dismiss, conceding the plaintiffs had no cause of action. On September 24, 1924, the court dismissed the case. Subsequently, the law firm of Alvir & Macapagal, claiming authorization from the plaintiffs, moved to appeal the dismissal order. Over the defendants’ objection, the court allowed the appeal. The defendants then moved to dismiss the appeal, contending that Alvir & Macapagal had no legal authority to represent the plaintiffs, as the Provincial Fiscal is the sole legal representative for the province and its municipalities in civil actions. The Solicitor General agreed with the defendants’ position.

ISSUE

Whether the law firm of Alvir & Macapagal has the legal authority to represent the Municipality of Bocaue and the Province of Bulacan in filing and pursuing the appeal, given the statutory role of the Provincial Fiscal.

RULING

No. The appeal is dismissed. Under Sections 1681-1683 of the Revised Administrative Code, the Provincial Fiscal and his assistants are charged with representing the province and any municipality within it in all civil actions, except in cases where original jurisdiction is vested in the Supreme Court or where a municipality is a party adverse to the provincial government. A municipal council may employ a special attorney only if the Provincial Fiscal is disqualified. Following the precedent in Eugenio Reyes, et al. vs. Judge Pablo G. Cornista, et al. (92 Phil. 838), the Provincial Fiscal is the only counsel authorized to represent the plaintiffs. Therefore, Attys. Alvir & Macapagal have no legal standing in the case, and the appeal cannot be maintained.