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Agan jr vpiatcogrno155001may52003

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Unformatted text preview: LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LOCAL GOVERNMENTS Q: What are the elements of unlawful intervention and prohibited interests? A: ELEMENTS OF UNLAWFUL INTERVENTION 1. Accused is a public officer 2. Accused has direct or indirect financial or pecuniary interest in any business, contract, or transaction, Whether or not prohibited by law 3. He intervenes or takes part in his official capacity in connection with such interest (Teves v. Sandiganbayan, G.R. No. 154182, Dec. 17, 2004) ELEMENTS OF PROHIBITED INTEREST 1. Public officer 2. He has direct or indirect financial or pecuniary interest in any business, contract, transaction 3. He is prohibited from having such interest by the Constitution or law. (Teves v. Sandiganbayan, G.R. No. 154182, Dec. 17, 2004) Q: Can local chief executives practice their profession? A: No. All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives.” (Sec. 90[a], LGC) Q: Can Sanggunian members practice their profession? A: Yes. Subject to certain limitations: 1. Cannot appear in civil case where the local government unit, officer or agency or instrumentality is the adverse party 2. Cannot appear in criminal case wherein an officer or employee is accused of an offense committed in relation to his office 3. Cannot collect fees for their appearance in administrative proceedings involving local government unit of which he is an official 4. Cannot use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government. (Sec. 90[b], LGC) Note: Doctors of medicine may practice their profession even during official hours of work only...
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