LEGAL

REPRESENTATION AND
PRACTICE OF
PROFESSION

CHAPTER 18
 LEGAL OFFICERS OF LOCAL
GOVERNMENT UNITS
• 2060 ・ Who must handle the legal affairs including
representation in court of a municipality ？

The legal officer of a municipality must handle its legal

affairs including representation in court (Section 481 R.A. No ・
7160)
• 2061 ・ Who represent the local government unit in all civil
actions and special proceedings where in the local government
unit or any official thereof, in his official capacity a party?

The municipal legal officer, or if there is none, the

provincial legal officer has the sole authority to represent the
municipality in the said cases (United Dumangas Port Development
Corp vs. phil. Ports Authority, G.R. No. 192943, August 12, 2015,
citing Sections 31 and 481, R.A. No. 7160; COA Circular No. 98-
002, citing paragraph 3, Section 481, R.A. No. 7160).
• 2062 ・ In the absence of a municipal legal officer, where
may the municipal government address its legal inquiry on
matters affecting the municipality?

The municipal government may address its query to the

provincial legal officer or provincial prosecutor, as the case may
be (DOJ Opinion No. 03 ， s.2020 citing section 31, Article III,
R.A. No. 7160).
• 2063. Is in notarization of contracts and other documents executed
by the component barangay and their official's part of the duties
and functions of the provincial or city legal officer?

Yes. It is part of the legal officer’s duties and functions when so provided
by law or ordinance (DILG Opinion No. 05, s. 2016, citing Section 481 , R.A.
No. 7160
 HIRING OF PRIVATE COUNSEL
• 2064. Can the municipal council hire the services of a special
attorney?

As a rule, municipal council cannot hire the services of a special

attorney (Mancenido vs, CA G.R. 118605, April 12, 2000, 330 SCRA 419).
• 2065. When may private counsel be hired?

Only when the provincial fiscal is disqualified may the municipal

council hire the services of the private counsel (ibid.).
2067 ． What is the rationale behind the prohibition against
employment by local government units of private lawyers to handle
their cases?

The prohibition is anchored on the reason that only accountable

public officers may act for and in behalf of public entities and that
public funds should not be expended
To hire private lawyers (ibid.).
• 2068. May public funds be utilized for payment of the services of a private legal
counsel or law firm to represent the local government units in court or to render
legal services for them?

No. Public funds shall not be utilized for payment of the services of a private
legal counsel or law firm to represent local government units in court or to render legal
services for them (COA Circular No. 98-002 dated June 9,1998).
• 2069 A civil complaint for mandamus and damages was filed against the
municipality. In his complaint, complainant sought for the personal
liability of the municipal mayor. May the municipal mayor be represented
by private lawyers?

Yes. In instances where personal liability on the part of the local

government officials is sought, the municipal mayor may secure the services of
private counsel (Gontang Vs. Alhyan ， G.R.191691, January16, 2013).
• 2070. What is the key to resolving the issue of whether a Local
government unit may secure the services of a private counsel?

The key lies on the action and the relief that is sought ( Alinsug vs.
RTC, G.R. No. 108232 ， August 23,1993).
ROLE OF PUBLIC PROSECUTORS
• 2071. Who can represent a province or municipality in their
lawsuits?

The provincial fiscal and the municipal attorney can represent a

province or municipality in their lawsuits (Ramos vs, CA, G.R. 99425,
March 03, 1997,269 SCRA 34.
• 2072. Under what instances is the public prosecutor disqualified
from representing a particular municipality?

These instances are as follows: (1) when the jurisdiction of a case

involving the municipality lies with the supreme court; (2) when the
municipality is a party adverse to the provincial government or to some other
municipality in the same province; (3) and when in the a case involving the
municipality, the provincial prosecutor, his spouse, or his child is involved as a
creditor, heir, legatee, or otherwise (ibid.).
• 2073. Is the public prosecutor′s refusal a legal justification for the
municipality to hire the services of a private lawyer ？

No. it is not a legal justification . Instead, the municipal council

should request the Secretary of justice to appoint an acting provincial
fiscal in place of the provincial fiscal who declined to handle the case
(Municipality of pililla, Rizal vs. CA, G.R. 105909, June 28, 1994, 233
SCRA 484).
• 2074. In the absence of a city legal officer, may the city be
represented by a private law firm in a civil case?

No. The appearance of a private law firm as counsel of the city is against
the law as it provides who should represent it. The city prosecutor should
represent the city.
• 2075. In the absence of a municipal legal officer, Who has the duty
to represent the municipality in the lawsuit?

In the absence of a municipal legal officer, the provincial

attorney has the duty to represent the municipal government as counsel
in the civil proceedings (OSG vs. CA, G.R. No. 199027, June 9, 2014)
SOLICITOR GENERAL AND LEGAL
OFFICERS
• 2076. Explain the extent and scope of the power of the Office of
the Solicitor General to represent the government in lawsuits ．

The Office of the Solicitor General represents the Government of the

Philippines, its agencies and instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter requiring the services of a lawyer
(Section 35 ， BookIV ， Title III, Chapter 12 ， E. 〇 .No. 292).
• 2077. Is the Revised Administrative Code the only law that delves
on the issue of counsel’s representation for the government ？

No. The Local Government Code limits the lawyers Who are authorized
to represent the local government units in court actions (OSG vs. CA,
G.R ． No. 199027, June 9, 2014).
• 2078. May the court compel the Office of the Solicitor General to
represent the municipal government in its lawsuit?

No. The Local Govemment code vested unto the legal officers the
authority to be counsels of local government units (ibid) ．
PRACTICE OF PROFESSION
• 2079 Are public officials and employees during their incumbency
prohibited from engaging in the private Practice of their
profession?
Yes. Public officials and employees during their incumbency are
prohibited from engaging in the private Practice of their profession
(Section7[b][2], R.A. 6713) ．
• 2080 Does the prohibition admit of an exception?
Yes. The prohibition admits of an exception when the following
conditions are present ： （ 1 ） such practice is authorized by the
Constitution or the law ; and （ 2 ） such Practice will not conflict or
tend to conflict with the public Official or employee’s official functions
(Cases vs. Delani, A.C. 10730, July 28, 2020).
• 2081. What is the rationale behind the prohibition ？

The prohibition is grounded on the principle that public office is a

public trust, and further serves to promote the observance and the
efficient use of every moment of the prescribed office hours to serve the
public (Query of Atty ． Karen M. Siverio-Buffe, Former Clerk of court-
Br. 81,Romblon ， Romblon-On the Prohibition from Engaging in the
Private Practice of Law, A.M. No. 08-6-352-RTC ， August
19 ， 2009 ， 596 SCRA 378 ， 391, Citing Aquino-Simbulan vs.
Zabat, A.M. No. P-05-1993 ， April 26, 2005, 457SCRA23,30).
 LIMITATIONS ON PRACTICE OF
PROFESSION
• 2082. Cite the limitations concerning the practice of Profession of
local elective officials.

Public officials and employees may practice their

Profession provided that such practice will not conflict or Tend to
conflict with their official functions (DILG Opinion No. 3 , s.
2018 ， Citing Section 90, R.A. No. 7160 and Section 7 [b][2] ，
R.A. No. 6713).
 PRACTICE OF PROFESSION OF
GOVERNOR OR MAYOR
• 2083. Does the Local Government Code prohibit the governors
and mayors from practicing their profession or engage in any
other occupation during their incumbency ？

Yes. The prohibition is absolute (DILG Opinion No.26 ， s ．

2013, Citing Section 90 [a], R.A. No. 7160). They are required to
devote all their time and attention to the performance of their official
duties (Catu vs. Rellosa, A.C.No. 5738, February 12, 2008).
• 2084. Explain why the governors, City mayors and municipal mayors
are prohibited from practicing their profession or engaging ln any
occupation other than the exercise of their function as local chief
executives ？

They are required to render full time service. They Should therefore
devote all their time and attention to the Performance of their official duties
(Sedano vs Bendita, A.C No. 10611, October 5, 2020, Citing Catu vs.
Rellosa, supra). The prohibition ensures that governors, City and municipal
mayors extend their undivided attention and thus devote their full time only
in discharging their duties and functions being the highest official of the
province, City or municipality (DILG Opinion No ・ 26 ， s. 2013).
• 2085 ・ Distinguish exercise of profession from engaging in any
occupation ．

To exercise profession means that One must be academically prepared to

take government examination and pass the same and is registered in a
government licensing body. In contrast, one can properly fall under engage in
any occupation when one’s activity does nor fall within the ambit of ′’exercise
of profession ′′ (DILG Opinion No.11 ， s. 2020) ．
• 2086 ・ The mayor happens to be a lawyer. Is he allowed to
Practice his legal profession ？

No. The Local chief executives , except punong barangays, are

absolutely prohibited from practicing their profession or engage in any
other occupation. However, he may apply his legal or other technical
knowledge as long as it is connection with the exercise of his official
function as local chief executive (DILG Opinion No.19 ， s. 2003).
• 2087. The mayor happens to be a Lawyer. Is he allowed to Sign
documents as notary public?

No. The local chief executives, except punong barangays, are absolutely
prohibited from practicing their profession or engage in any of her occupation
(ibid) ． The prohibition for him to practice his profession is absolute (DILG
Opinion No.101, s.2007).
• 2088.The mayor happens to be a surgeon. Is he allowed to practice
his profession as surgeon after office hours?

No. Mayors and governors are prohibited from practicing their

profession other than the exercise of their functions as local chief
executives. The prohibition emphasizes the need for the local chief
executives to devote all their time and attention to the performance of
their official duties (DILG Opinion No. 143 ， s. 2010).
• 2089 ． Is there an instance where a municipal mayor Can
practice his medical profession?

Yes. He is allowed to practice his profession during official hours

of work only on occasions of emergency and provided further′ he
does not obtain monetary compensation there from (DILG Opinion
No.07, s. 2020, Citing Section90 [C], R.A. No. 7160).
PRACTICE OF PROFESSION OF ACTING
GOVERNOR OR ACTING MAYOR
• 2090. The acting mayor happens to be lawyer. Is he allowed to
practice his legal profession?

No. Section 90(a) of the Local Government Code absolutely prohibits

the mayors to practice their profession. The prohibition applies to the acting
mayor (DILG Opinion No. 78, s. 1997). The nature of the duties of the local
chief executive occupant to discharge them.
• 2091. The acting mayor happens to be a doctor. Is he allowed to
practice his profession as a doctor?

No. Being an acting mayor, he is prohibited from practicing his

profession and this prohibition is absolute (DILG Opinion No. 10,
s.2018, Citing Section 90,R.A. No. 7160) The nature of the duties of the
local chief executive call for a full-time occupant to discharge them The
prohibition applies even to acting local chief executive (Gamboa, Jr. vs.
Aguirre, Jr. G.R. 134213 ， July 20 ， 1999 ， 310 SCRA867).
• 2092. Is there an instance where the acting mayor, a doctor ， is
allowed to practice his profession?

Yes. Only in times of emergency (DILG Opinion No. 10, s.

2018).
• 2093. Are all medical operations emergency situations?
• 2094. Is there an impropriety or violation of Section 90 of the
Local Government code for a local chief executive to have some
pecuniary interest in a business ？
PRACTICE OF PROFESSION OF VICE
GOVERNOR OR VICE MAYOR
• 2095. May the vice mayors practice their profession?
• 2096. Can the vice mayor continue with his work in a private
company as building administrator?
• 2097. The vice governor happens to be a lawyer. Is he allowed to
practice his legal profession?
• 2098. The vice mayor happens to be a lawyer. Is he required to
secure prior permission from any other person or office for him to
practice his profession?
• 2099. The vice mayor happens to be a doctor of medicine. Is he
allowed to practice his medical profession?
• 2100. Alfredo filed a case for collection of a sum of money and/or
damages against the National Power Corporation (NPC) with the
Regional Trial Court. Atty. Richard, an incumbent vice mayor.
Appeared as counsel for Alfredo. Is Atty. Richard allowed by law
to appear as counsel for a claimant where the NPC is the adverse
party?
PRACTICE OF PROFESSION OF
SANGGUNIAN MEMBERS
• 2101. Does the law allow the sanggunian members to practice their
profession?
• 2102. The Sangguniang bayan member happens to be a licensed
civil engineer. Is he allowed to practice his profession?
• 2103. The sanggunian member is a lawyer. Is he allowed to
practice his legal profession?
• 2104. Cite the limitations specifically applicable only to
sanggunian members who are also members of the Philippine Bar.
• 2105. Section 90 of the Local Government Code allows sanggunian
members to exercise their profession. However, the same provision
of law provides restrictions in the exercise of legal and medical
professions. Is section 90 of the Code discriminatory against
lawyers and doctors?
• 2106. The Sangguniang member happens to be a doctor. Is he
allowed to practice his profession?
• 2107. Can the vice mayor practice his medical profession outside
of his territorial jurisdiction?
PRACTICE OF PROFESSION OF
PUNONG BARANGGAY
• 2108. Does the law allow a punong barangay to practice his
profession?
• 2109. Is there a requirement for the punong barangay to practice
his profession or engage in any other occupation?
• 2110. Explain the possible legal consequence if a punong barangay
practices his profession without obtaining prior written
permission form the secretary of the Interior and Local
Government.
PRACTICE OF PROFESSION OF
LOCAL ADMINISTRATOR
• 2111. Atty. Loren has been appointed as City Administrator. Is she
allowed to practice her legal profession?
PRACTICE OF PROFESSION OF
LEGAL OFFICERS
• 2112. Can a municipal legal officer be allowed to engage in the
private practice of his profession?
• 2113. Who is the “head of agency” of the municipality?
• 2114. Is there a need for the provincial legal officer to secure an
authority from DILG to practice his legal profession?
• 2115. Are the acts of notarization within the ambit of the term
“practice of law”?
DETENTION AND PRACTICE OF
PROFESSION
• 2116. Can a prisoner practice his profession or engage in any
occupation while in detention?
CONSULTANCY
• 2117. Define Consultant.