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    Public Officers Who Are Prohibited To Practice Law

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    Racheal Santos
    This document outlines rules regarding the practice of law for certain public officials in the Philippines. It identifies officials who are prohibited from practicing law, such as judges and cabinet members, and those who are restricted, such as Sanggunian members who cannot represent the government as adverse parties or use government property for cases. Retired justices are also limited in cases they can participate in if receiving a government pension.

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    Public Officers Who Are Prohibited To Practice Law

    Uploaded by

    Racheal Santos
    335 views13 pages
    This document outlines rules regarding the practice of law for certain public officials in the Philippines. It identifies officials who are prohibited from practicing law, such as judges and cabinet members, and those who are restricted, such as Sanggunian members who cannot represent the government as adverse parties or use government property for cases. Retired justices are also limited in cases they can participate in if receiving a government pension.

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    This document outlines rules regarding the practice of law for certain public officials in the Philippines. It identifies officials who are prohibited from practicing law, such as judges and cabinet members, and those who are restricted, such as Sanggunian members who cannot represent the government as adverse parties or use government property for cases. Retired justices are also limited in cases they can participate in if receiving a government pension.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    335 views13 pages

    Public Officers Who Are Prohibited To Practice Law

    Uploaded by

    Racheal Santos
    This document outlines rules regarding the practice of law for certain public officials in the Philippines. It identifies officials who are prohibited from practicing law, such as judges and cabinet members, and those who are restricted, such as Sanggunian members who cannot represent the government as adverse parties or use government property for cases. Retired justices are also limited in cases they can participate in if receiving a government pension.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    RULES PERTAINING TO THE

    PRACTICE OF LAW OF CERTAIN


    PUBLIC OFFICIALS
    PREPARED BY: MARK KEVIN A. ARROCO
    1. Public Officials who are prohibited from
    practicing the legal profession

    2. Public Officials who are restricted to practice the


    legal profession
    Public Officials who are absolutely prohibited from
    practicing the legal profession

    1. Judges and other officials as employees of the


    Supreme Court (Rule 148, Sec. 35, RRC).
    2. Officials and employees of the OSG
    3. Government prosecutors (People v. Villanueva, 14
    SCRA 109)
    4. President, Vice-President, members of the
    cabinet, their deputies and assistants (Art. VIII Sec.
    15, 1987 Constitution)
    Public Officials who are absolutely prohibited from
    practicing the legal profession

    5. Members of the Constitutional Commission (Art


    IX-A, Sec. 2, 1987 Constitution)
    6. Ombudsman and his deputies (Art. IX, Sec. 8
    (2nd par), 1987 Constitution)
    7. All governors, city and municipal mayors (R.A.
    No. 7160, Sec. 90
    Public Officials who are absolutely prohibited from
    practicing the legal profession

    8. Those prohibited by special law (Section 7(b)(2)


    of Republic Act (R.A.) No. 6713 or Code of Conduct
    and Ethical Standards for Public Officials and
    Employees)
    Villegas vs Legazpi , March 25, 1982

    “The objective of the prohibition, then and now, is clearly


    to remove any possibility of undue influence upon the
    administration of justice, to eliminate the possible use of
    office for personal gain, to ensure impartiality in trials and
    thus preserve the independence of the Judiciary. “
    Villegas vs Legazpi , March 25, 1982

    "Appearance" has been defined as "voluntary submission


    to a court's jurisdiction".

    "Counsel" means "an adviser, a person professionally


    engaged in the trial or management of a cause in court; a
    legal advocate managing a case at law; a lawyer appointed
    or engaged to advise and represent in legal matters a
    particular client, public officer, or public body".
    In re David, Adm Case No. 98, July 13, 1953
    Neither can he allow his name to appear in such pleading
    by itself or as part of firm name under the signature of
    another qualified lawyer because the signature of an agent
    amounts to signing of a non-qualified senator or
    congressman, the office of an attorney being originally an
    agency, and because he will, by such act, be appearing in
    court or quasi-judicial or administrative body in violation
    of the constitutional restriction. “He cannot do indirectly
    what the Constitution prohibits directly.”
    Public Officials who are restricted to practice the
    legal profession
    1. Under the Local Government Code (RA 7160, Sec.
    91) Sanggunian members may practice their
    professions provided that if they are members of the
    Bar, they shall not:
    • appear as counsel before any court in any civil
    case wherein a local government unit or any
    office, agency, or instrumentality of the
    government is the adverse party
    Public Officials who are restricted to practice the
    legal profession
    • appear as counsel in any criminal case wherein
    an officer or employee of the national or local
    government is accused of an offense
    committed in relation to his office;

    • collect any fee for their appearance in


    administrative proceedings involving the local
    government unit of which he is an official;
    Public Officials who are restricted to practice the
    legal profession

    • use property and personnel of the government


    except when the Sanggunian member
    concerned is defending the interest of the
    government
    Public Officials who are restricted to practice the
    legal profession
    2. Under RA 910, Sec. 1, as amended, a retired
    justice or judge receiving pension from the
    government, cannot act as counsel in any civil
    case in which the Government, or any of its
    subdivision or agencies is the adverse party or
    in a criminal case wherein an officer or
    employee of the Government is accused of an
    offense in relation to his office.
    Public Officials who are restricted to practice the
    legal profession
    3. RA 6713 CODE OF CONDUCT AND
    ETHICAL STANDARDS FOR PUBLIC
    OFFICIALS AND EMPLOYEES, Section 7
    Prohibits former public official or employee for a
    period of one year after retirement or separation
    from service to practice his profession in
    connection with any matter before the office he
    used to be with

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