This case has been cited 1 times or more.
|
2013-01-16 |
PERLAS-BERNABE, J. |
||||
| The present case stemmed from Special Civil Action No. 2002-0019 for mandamus and damages.[13] The damages sought therein could have resulted in personal liability, hence, petitioner cannot be deemed to have been improperly represented by private counsel.[14] In Alinsug v. RTC Br. 58, San Carlos City, Negros Occidental,[15] the Court ruled that in instances like the present case where personal liability on the part of local government officials is sought, they may properly secure the services of private counsel, explaining: It can happen that a government official, ostensibly acting in his official capacity and sued in that capacity, is later held to have exceeded his authority. On the one hand, his defense would have then been underwritten by the people's money which ordinarily should have been his personal expense. On the other hand, personal liability can attach to him without, however, his having had the benefit of assistance of a counsel of his own choice. In Correa v. CFI, the Court held that in the discharge of governmental functions, 'municipal corporations are responsible for the acts of its officers, except if and when, and only to the extent that, they have acted by authority of the law, and in conformity with the requirements thereof. | |||||