- Petitioner
- United States
- Respondent
- Emilio Bayona Vitog
- Citation
- G.R. No. L-12817
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- Padilla, J.
- Decided
- April 29, 1960
Whether municipal council had authority to engage special counsel when provincial fiscal declined to handle constitutionality challenge case, and…
Summary
This case involves a dispute over a municipal council's authority to engage special counsel when the provincial fiscal declined to prosecute a constitutional challenge against Republic Act No. 1383. The municipality of Bauan, Batangas wanted to challenge the law creating the National Waterworks and Sewerage Authority but their provincial fiscal refused, deeming the law constitutional. The municipal council engaged private counsel Julio Enriquez Sr., but the Auditor General disallowed payment of attorney's fees. The Supreme Court affirmed, ruling that the provincial fiscal was not legally disqualified merely because he disagreed with the municipality's position. Legal disqualification occurs only in specific circumstances: when original jurisdiction lies with the Supreme Court, when the municipality is adverse to the province or another municipality, or when the fiscal has pecuniary interest. The Court emphasized that municipal councils must follow proper channels by requesting the Secretary of Justice to appoint an acting fiscal rather than engaging private counsel without legal authority.