CEBU City Acting Mayor Margot Osmeña ordered all city lawyers to withdraw their appearances and representations in all civil and administrative cases involving outgoing Cebu City mayor Michael Rama and other administration officials and employees.
“I issued because it’s a conflict of interest as (the city legal officer) mentioned to me so it was a legality of it all, not anything else except that,” Osmeña said.
In a memorandum, Osmeña told Acting City Legal Officer Eleodoro Diaz IV that city lawyers can only represent a public official or employee upon her instructions.
The matter is also in compliance with Section 481 of the Local Government Code, which states that the legal officer, who will be the chief legal counsel of the local government should take charge of the office of the legal services.
The legal officer will also represent the local government in all civil actions and special proceedings wherein the local government unit (LGU) or any official thereof, in his official capacity, is a party.
“In view of the foregoing provision, the Cebu City Legal Office is primarily mandated to represent the Cebu City Government in all its civil actions and special proceedings wherein it or any of its official in his official capacity is party,” the memo reads.
Following the memo issued by the acting mayor, Diaz also issued a separate memo addressed to all city attorneys, informing them on the matter.
“Pursuant to the attached memorandum dated June 10, 2016, issued by Acting Mayor Margot Osmeña, you are hereby directed to file and submit to the courts, concerned government agencies, offices and/or quasi-judicial bodies either of the following in relation to the cases specified in the said memorandum,” read Diaz’ memo.
Lawyers are asked to either file notice of withdrawal as council or motion to withdraw as counsel.
Osmeña clarified that except for legal purposes, there’s no other reason behind her order.
Before issuing the order, Osmeña clarified that she sought legal advice on the matter.