Under color of an election or an

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Unformatted text preview: OY, 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. LAW ON PUBLIC OFFICERS the government are strictly prohibited from engaging in the private practice of law. (Ruben E. Agpalo, Legal Ethics, 6th 1997 ed., pp.42 et. seq.) Q: Is a lawyer member who is also a member of the Legislature absolutely prohibited from engaging the private practice of law? A: No. He is only prohibited from “appearing” as counsel before any court of justice or before the Electoral Tribunals, or quasi‐judicial and other administrative bodies. The word appearance includes not only arguing a case before any such body but also filing a pleading on behalf of a client such as filing a motion, plea or answer. Neither is his name allowed to appear in such pleadings by itself or as part of a firm name under the signature of another qualified lawyer. (Ruben E. Agpalo, Administrative Law, Law on Public Officers and Election Law, 2005 ed., p. 410) Q: Under the Local Government Code, can the members of Sanggunian engage in the practice of law? A: GR: Yes. XPNs: 1. Cannot appear as counsel in any civil case where in a local government unit or any office, agency or instrumentality of the Govt. is the adverse party; 2. Cannot appear as counsel in any criminal case wherein an officer or employee of the national or local Govt. is accused of an offense committed in relation to his office; 3. Shall not collect any fee for their appearance in administrative proceeding involving the LGU of which he is an official; and 4. May not use property and personnel of the Govt., except when defending the interest of the Govt. Q: Under the Local Government Code, what are the prohibitions against the practice of other professions? A: 1. Local Chief Executives (governors, city and municipal mayors) are prohibited from practicing their profession 2. Sanggunian members may practice their profession, engage in any occupati...
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