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"The PNP-CIDG has a service with lawyers in its ranks at disposal. There is no justification for the intervention of OSG in these proceedings, especially considering patent lack [of] authority as well as highly probable conflict of interest,” the FLAG lawyers said in their motion. Although the case involved a public official, FLAG lawyers argued the same rule should apply “by parity of principle” to a case involving a private respondent like Advincula.
“[T]here is a clear conflict of interest here, and one which smacks of ethical considerations, where the Office of the Solicitor General as counsel for the public official, defends the latter in the preliminary investigation stage of the criminal case, and where the same office, as appellate counsel of the People of the Philippines, represents the prosecution when the case is brought on appeal,” both camps said, citing the Urbano decision.
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