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IlepLrblic ol' thc Ph ilippines
Dcprrtment of thc lnterior :rnd Local Govcrnme nt
A. Frarrcisco Colcl Conclonril1iunr ll, liDSA, Dilintan, Quczon C)ity

LEGAL SERVICE

DILG OPINION NO. T32 S- 2OIO

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sEP o 200

ATTY, EINSTIEN GARRY R, TAGHOY

City Legal Officer
Digos City, Davao Del Sur

Dear Atty. Einstien Garry R. Taghoy:

This Office was in receipt of a Memorandum from Regional Director (RD) Quirino M.
Libunao of DILG Regional Office No. XI, Davao City, in response to your query
which was earlier referred to the said office for appropriate action.

The query centers on the propriety of your act as City Legal Officer when you
notarized a contract between the winning bidder and the City Government of Digos
as represented by the city Mayor, when at the same time, you occupy a
concurrent position as Chairperson of the Bid and Awards Committee (BAC) who
approved the contract of the same winning bidder.

Attached to the said Memorandum is the position maintained by our Regional Office
in Davao City, signed by RD Libunao himself, and in gist, we quote the Pertinent
portion therdof:

"The law is clear that public officials and employees are generally
prohibited from engaging in the private practice of their profession
unless authorized by the Constitution or law. As opined by the
Supreme Court, the only exceptions are as follows: first, the private
practice is authorized by the Constitution or the law; and second, the
practice will not conflict' or tend to conflict' with his or her
official functions.
xxx

We are of the considered view that there is a conflict or tendency to

conflict with officiat function of the Legal Officer as BAC Chair if such
act of notarization is atlowed' It bears to stress that the functions of
BAC are so encompassing on procurement activities of the LGU'xxx"'
(emphasis and underscoring supplied )

we are of the opinion that the position as explained by RD Libunao is in order.

while the documents under review by this office did not mention of any issue as to
the existence or absence of your authority to practice your profession as a lawyer,
the same shall be discussed as an integral part of this office's additional legal
a uthorities on the matter
on the matter of engaging in notarial practice without the written authoritv from
the Department Head, we cite the case of Abetta vs Atty. cruzabra, a.b. lto.
5688, 04 June 2oo9 wherein said respondent was reprimanded with stern
warning by the supreme court for engaging in notarial practice without authority
from the Department Secretarv:

" Mentornnduln Cirurlnr No. -17 of tlv Execu ti.t,c Depnrtnent nllotos
gouernttrcnt cnt.ployces to a gngc diracfly in tlr prit,nte
Ttrnctice of tlreir
profession prottidcd tlrcrc is n ruri.ttcn. punrission
fron |lrc Depnrtntent
lrcnd. [t proztides:

Tlrc rutlrcrity Io grnnt pentissictn to nny officinl or

tfu lrcul of tl rt nLi stry or ngutcy itt
enrployec sltnl.l bc grnnted by
nccordatce ruitlt Section 72, RuIe XVlll of tlrc Redsed Ciuil
Se n, ice Rt t lcs, ttl ricl t p rot,idc s:

"Sac. 12. No oft'iccr or enrployce shnll

engnge directly itt ony priuttta hLsittess, ttocntiot't,
or professiott or be conncctcd ruitlr nry1 corrutrcrcinl,
credit, ngriculturnl, or indrtstri undartnking
toitltout a utritten permission from the heail of
Department; xxx." (emplmsis supplied)

Thus, it is emphasized by this Office that your notarial practice must have a prior
written authorization from the City Mayor of Digos, Davao who has control and
supervision over your position. Absent such authority, then the notarial act subject
of this review ls deemed improper and a prohibitive act.

Assuming arguendo that you have a standing authority to practice your profession,
the act of notarizing the contract which you approved as Chairperson of the BAC of
Digos City was contrary to the norms of conduct expected of public officials.
Republic Act No. 6713, otherwise known as the Code of Conduct and Ethicat
Standards for Public Officials and Employees, commitment to public interest and
professionalism:

"Section 4. Nornts of Cottt tt^t of Pttbl.ic Offci s nnd Entltktycr:s. - (A)

Eztcry lttLblic officinl nnd anLplotlaa slutll obsenta llut follotritLg rrs
stnndnrds of pcrsonnl condt.Lt't itt lha Ll.iscllnrgt nnLl txct:Lttion of officinl
rlt.tties:

(n) Cownittttcrrt to ltublic i!!lerest. - Ptrltlic of,ficials

and etnployees shnll alzuaus uphold thc wrblic
interest oaer and aboue personal interest. AII
gorlcr rctlt t'tisltrcas aul pozocrs of tlrcir raspecti'ttc
offcas nn.Lst hc en4:loryerl mrl nsul cfficiautly, effectiuely,
lnnesthl nnd acononimlly, pnrticulnrly lo nuoid zotslnge
itr otrblic funds nnrl nttnucs.
 ,-.1 P rofessionnlisttt. - Prtblit offtitts ntul ut4,u,yecs slnll
petfom nid diselnrgc tltit rllttics rlith tl; ltiglrcst
rlr'grtt ol p.\(L'llL'nrc, proj+siotnlisttt, itt l,:lligtttti nnLl
skill. llu'y slnll tnter pul it sr,n,icr u,ilh utttrost
dcuotion nnd fuditation to drrty. They slmll endeaaor
to discourage u;rong perceptions o,f tlrcfu roles ss
dispensers or peddlers of unduo patronag!,'.

In cfosing, we cite the case of Lorenzana vs Fajardo, A.C, No, 5712, 29 June
2005:

"A I.AWYER SHALL LLPHOLD TI-IE CONSTITUTION, OBEY THE LAWS

OF THE LAND, PROMOT E RESPECT ]TOR LAW AN D LEG A L P ROCESS ES,

Tlrcse clutics nre t'urtfu:r ensluined in tlrc Attontey,s OtttlL rohiclt ez,ery
lmoyer in tl
s jurisdiction lms to tnke hcfore lrc is nllotpcd to
ltrncticc lntp. TIic
Attorney's Ontlt stntes in pnrt tlnt ez,ery lntpyL,r "shall support the
Constitution anil obey tlrc laus as zuell as the legal orders of the ih y
c onstitltt e tl authorit i e s ...,,

The lauyer's paranrotnrt duty to society is to obey the lazu. For of

,
nII clnsses nnd professions, it is the lmoyer tuln is ntost sncrcdly botutti to
trplnld tfu lnzus, for lrc i.s tluir szuonr seraant.xx,' (entpltnsis sttpplietl)

We hope to have sufficiently addressed all your concerns.

Very truly yours,

*-'..'-.- (
I e. oolue rv
\
DIR. QUIRINO M. LIBUNAO, CESO III
Regional Director, DILG Region XI
Matina, Davao City

File

Encl.; Regional Position

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