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MEMORANDUM CIRCULARS
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MEMORANDUM CIRCULAR NO. 9 -
PROHIBITING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS (GOCCs) FROM
REFERRING THEIR CASES AND LEGAL MATTERS TO THE OFFICE OF THE SOLICITOR
GENERAL, PRIVATE LEGAL COUNSEL OR LAW FIRMS AND DIRECTING THE GOCCs TO
REFER THEIR CASES AND LEGAL MATTERS TO THE OFFICE OF THE GOVERNMENT
CORPORATE COUNSEL, UNLESS OTHERWISE AUTHORIZED UNDER CERTAIN
EXCEPTIONAL CIRCUMSTANCES
WHEREAS, there is a need to reduce
government expenditures by minimizing the expenses of government-owned
or controlled corporations (GOCCs) which hire private lawyers and law
firms, considering the high cost of retainers, fees and charges that
are paid to said private lawyers and law firms;
WHEREAS, one way of realizing savings on the part of government-owned
or controlled corporations (GOCCs) is to implement and enforce
pertinent laws and regulations which prohibit GOCCs from hiring private
retainers and law firms to handle their cases and legal matters, and
those which direct GOCCs to refer their cases and legal matters to the
Office of the Government Corporate Counsel (OGCC) for proper
handling;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1.
GOCCs are thereby enjoined from referring their cases and legal matters
to the Office of the Solicitor General unless their respective charters
expressly name the Office of the Solicitor General (OSG) as their legal
counsel.
However, under exceptional circumstances, the OSG may represent the
GOCC concerned, Provided: This is authorized by the President; or by
the head of the office concerned and approved by the
President.
Sec. 2.
Sec. 3.
This circular shall take effect immediately.
DONE in the City of Manila,
this 27th day of August, in the year of Our Lord, Nineteen Hundred and
Ninety-Eight.
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