386 Phil. 627
QUISUMBING, J.:
"On September 6, 1990 private respondent [herein petitioner] Eduardo Mancenido filed an action for mandamus and damages with the Regional Trial of Camarines Norte, Branch 38, Daet (docketed as Civil Case No. 5864), against the petitioners provincial board of Camarines Norte, the school board, provincial governor, provincial treasurer, and provincial auditor to pay the teacher's claim for unpaid salary increases.Dissatisfied with the denial, respondents herein filed a petition for mandamus, prohibition, and injunction with the Court of Appeals with the prayer, among others, that their notice of appeal be given due course and the trial court be prohibited from enforcing the partial execution of its judgment. Said petition was docketed as CA-G.R. SP No. 34331.
"On December 19, 1990, petitioners [herein co-respondents] filed their answer to the complaint.
"On December 20, 1993, the lower court rendered a decision ordering the Provincial School Board to appropriate and satisfy plaintiffs’ claim in the amount of P268,800.00, as unpaid salary increases.
"On February 21, 1994, petitioners [herein co-respondents] filed a notice of appeal.
"On February 24, 1994, respondent judge issued an order giving due course to petitioners’ appeal.
"On March 1, 1994, private respondents filed a notice of appeal.
"On the same date, private respondents filed an opposition to petitioners’ notice of appeal and a motion for partial execution of judgment.
"On April 8, 1994, respondent judge issued an order (1) recalling the order of February 23, 1994, granting the appeal of petitioners; (2) approving the appeal of private respondents; and (3) granting their motion for partial execution
"On April 14, 1994, petitioners filed a motion for reconsideration of the order of April 8, 1994
"On June 1, 1994, respondent judge denied the motion for reconsideration.".[1]
"WHEREFORE, the Court GRANTS the petition for prohibition and mandamus and hereby orders respondent judge: (1) to elevate the original record of Civil Case No. 5864 to the Court of Appeals in due course of appeal; and (2) to desist from the partial execution of the decision in the case.Petitioners then filed a motion to reconsider the appellate court's decision, which motion was denied by the Court of Appeals in its resolution dated December 21, 1994.
"No costs.
"SO ORDERED.".[2]
"a. The Court of Appeals has erred in recognizing the authority of Atty. Jose Lapak to file the subject Notice of Appeal.For our resolution now are the following issues: (1) Whether a private counsel may represent municipal officials sued in their official capacities; and (2) Whether a Notice of Appeal filed through private counsel and with notice to petitioners and not to their counsel is valid.
"b. The Court of Appeals has erred in recognizing that the service of a copy of the subject Notice of Appeal upon Petitioners themselves is valid.
"c. The Court of Appeals has erred in enjoining the partial execution of the Decision dated December 20, 1993 rendered by the Trial Court.".[3]
"The municipality's authority to employ a private lawyer is expressly limited only to situations where the provincial fiscal is disqualified to represent it (De Guia v. The Auditor General, 44 SCRA 169; Municipality of Bocaue, et al. v. Manotok, 93 Phil. 173; Enriquez, Sr., v. Honorable Gimenez, 107 Phil. 932) as when he represents the province against a municipality.Petitioners also pray that the Notice of Appeal filed by respondents dated February 18, 1994, be deemed a mere scrap of paper. They claim that it was filed by a lawyer not authorized to do so. Even granting that Atty. Lapak could represent respondents in filing the Notice of Appeal, they add, it was not properly served since its copy was sent to petitioners and not to their counsel of record. They conclude that this error is fatal to their appeal. For in Riego v. Riego, 18 SCRA 91 (1966), we held:
"The lawmaker, in requiring that the local government should be represented in its court cases by a government lawyer, like its municipal attorney and the provincial fiscal, intended that the local government should not be burdened with the expenses of hiring a private lawyer. The lawmaker also assumed that the interests of the municipal corporation would be best protected if a government lawyer handles its litigations.".[4]
"[W]here a party appears by attorney in an action or proceeding in a court of record, all notices thereafter required to be given therein must be given to the attorney and not to the client, and a notice given to the client and not to his attorney is not a notice in law.".[5]Finally, petitioners point out, since the questioned Notice of Appeal had fatal defects, its filing did not toll the running of the period for the finality of judgment and petitioners could still file a motion for partial execution of the judgment.
"(I) Represent the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity, is a party: Provided, That, in actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;"The Court has previously ruled on the representation of a local government unit by a private attorney. In Municipality of Bocaue v. Manotok, 93 Phil, 173 (1953), and succeeding cases, we held that only when the provincial fiscal is disqualified may the municipal council be authorized to hire the services of a special attorney. We reiterated this in De Guia v. Auditor General, 44 SCRA 169 (1972)..[6] In Enriquez, Sr. v. Gimenez, 107 Phil 932 (1960), we enumerated the instances when the provincial public prosecutor is disqualified from representing a particular municipality, i.e., when the jurisdiction of a case involving the municipality lies with the Supreme Court, when the municipality is a party adverse to the provincial government or to some other municipality in the same province, and when in a case involving the municipality, the provincial prosecutor, his spouse, or his child is involved as a creditor, heir, legatee, or otherwise.
"Section 1. Pleadings, motions, service of papers and proof thereof. - Pleadings, motions, filing and service of papers, and proof thereof, except as otherwise provided, shall be governed by Rules 7, 8, 9, 13, and 15, in so far as they are not inconsistent with the provisions of this rule."Section 2, Rule 13 of the Rules of Court states:
"Section 2. Papers to be filed and served. - Every order required by its terms to be served, every pleading subsequent to the complaint, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected thereby. If any of such parties has appeared by an attorney or attorneys, service upon him shall be made upon his attorneys or one of them, unless service upon the party himself is ordered by the court. Where one attorney appears for several parties, he shall be entitled only to one copy of any paper served upon him by the opposite side." (Underscoring supplied).Pursuant to the aforecited Rules, service of notice when a party is represented by counsel should be made upon counsel, and not upon the party. The purpose of the rule is to maintain a uniform procedure calculated to place in competent hands the prosecution of a party's case..[8] We find petitioners' reliance on Riego proper and to the point..[9]