Legal Profession
Provisions of the Law
(Arranged according to their order in the syllabus)
Legend:
Text - 1987 Constitution
Text - Rule 138 (Attorneys and Admission to Bar)
Text - Rule 138-A (Law Student Practice Rule)
Text - Rule 139-A (Integrated Bar of the Philippines)
Text - Republic Act
Text - Others
PRACTICE OF LAW, DEFINED
Rule 138, Section 1. Who may practice law. Any person
heretofore duly admitted as a member of the bar, or hereafter
admitted as such in accordance with the provisions of this
rule, and who is in good and regular standing, is entitled to
practice law.
PRACTICE OF LAW, CONCEPTS
Article VIII, Section 5, para. 5. Promulgate rules concerning
the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal assistance
to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and
shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme
Court.
QUALIFICATIONS
Initial Requirements
Rule 138, Section 2. Requirements for all applicants for
admission to the bar. Every applicant for admission as a
member of the bar must be a citizen of the Philippines, at
least twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in the
Philippines.
Rule 138, Section 5. Additional requirements for other
applicants. All applicants for admission other than those
referred to in the two preceding section shall, before being
admitted to the examination, satisfactorily show that they
have regularly studied law for four years, and successfully
completed all prescribed courses, in a law school or
university, officially approved and recognized by the
Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of
law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless
he has satisfactorily completed the following courses in a law
school or university duly recognized by the government: civil
law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and social
legislation, medical jurisprudence, taxation and legal ethics.
Rule 138, Section 6. Pre-Law. No applicant for admission
to the bar examination shall be admitted unless he presents a
certificate that he has satisfied the Secretary of Education
that, before he began the study of law, he had pursued and
satisfactorily completed in an authorized and recognized
university or college, requiring for admission thereto the
completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or
sciences with any of the following subjects as major or field of
concentration: political science, logic, english, spanish,
history and economics.
Rule 138, Section 14. Passing average. In order that a
candidate may be deemed to have passed his examinations
successfully, he must have obtained a general average of 75
per cent in all subjects, without falling below 50 per cent in
any subjects. In determining the average, the subjects in the
examination shall be given the following relative weights: Civil
Law, 15 per cent; Labor and Social Legislation, 10 per cent;
Mercantile Law, 15 per cent; Criminal Law; 10 per cent:
Political and International Law, 15 per cent; Taxation, 10 per
cent; Remedial Law, 20 per cent; Legal Ethics and Practical
Exercises, 5 per cent.
Rule 138, Section 17. Admission and oath of successful
applicants. An applicant who has passed the required
examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the
Supreme Court the corresponding oath of office.
Rule 138, Section 18. Certificate. The supreme Court
shall thereupon admit the applicant as a member of the bar
for all the courts of the Philippines, and shall direct an order
to be entered to that effect upon its records, and that a
certificate of such record be given to him by the clerk of court,
which certificate shall be his authority to practice.
Rule 138, Section 19. Attorney's roll. The clerk of the
Supreme Court shall kept a roll of all attorneys admitted to
practice, which roll shall be signed by the person admitted
when he receives his certificate.
R.A. 9225 (Citizenship Retention and Re-acquisition Act
of 2003).
(August 29, 2003)
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE
CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT.
NO. 63, AS AMENDED AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
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Section 1. Short Title this act shall be known as the
"Citizenship Retention and Re-acquisition Act of 2003.
Section 2. Declaration of Policy - It is hereby declared the
policy of the State that all Philippine citizens of another
country shall be deemed not to have lost their Philippine
citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any
provision of law to the contrary notwithstanding, natural-born
citizenship by reason of their naturalization as citizens of a
foreign country are hereby deemed to have re-acquired
Philippine citizenship upon taking the following oath of
allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I
will support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated
by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme
authority of the Philippines and will maintain true faith and
allegiance thereto; and that I imposed this obligation upon
myself voluntarily without mental reservation or purpose of
evasion.
Natural born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the
aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child,
whether legitimate, illegitimate or adopted, below eighteen
(18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of this Act shall be deemed
citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those
who retain or re-acquire Philippine citizenship under this Act
shall enjoy full civil and political rights and be subject to all
attendant liabilities and responsibilities under existing laws of
the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must
Meet the requirements under Section 1, Article V of the
Constitution, Republic Act No. 9189, otherwise known as
"The Overseas Absentee Voting Act of 2003" and other
existing laws;
(2) Those seeking elective public in the Philippines shall meet
the qualification for holding such public office as required by
the Constitution and existing laws and, at the time of the filing
of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any
public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their
assumption of office: Provided, That they renounce their oath
of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the
Philippines shall apply with the proper authority for a license
or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public
office in the Philippines cannot be exercised by, or extended
to, those who:
(a) are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-
commissioned officers in the armed forces of the country
which they are naturalized citizens.
Section 6. Separability Clause - If any section or provision
of this Act is held unconstitutional or invalid, any other section
or provision not affected thereby shall remain valid and
effective.
Section 7. Repealing Clause - All laws, decrees, orders,
rules and regulations inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Section 8. Effectivity Clause This Act shall take effect
after fifteen (15) days following its publication in the Official
Gazette or two (2) newspaper of general circulation.
Article XII, Section 14. The sustained development of a
reservoir of national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level technical
manpower and skilled workers and craftsmen in all fields shall
be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the
national benefit.
Lawyers Oath (Form 28 of the Judicial Standard Forms).
I, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution and
obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or
willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man
for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all
good fidelity as well to the courts as to my clients; and I
impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
Payment of IBP Dues and Professional Tax Return
Rule 139-A, Section 9. Membership dues. Every member
of the Integrated Bar shall pay such annual dues as the
Board of Governors shall determine with the approval of the
Supreme Court. A fixed sum equivalent to ten percent (10%)
of the collection from each Chapter shall be set aside as a
Welfare Fund for disabled members of the Chapter and the
compulsory heirs of deceased members thereof.
Rule 139-A, Section 10. Effect of non-payment of dues.
Subject to the provisions of Section 12 of this Rule, default in
the payment of annual dues for six months shall warrant
suspension of membership in the Integrated Bar, and default
in such payment for one year shall be a ground for the
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removal of the name of the delinquent member from the Roll
of Attorneys.
Local Government Code of 1991: Book II, Section 139.
Professional Tax.
(a) The province may levy an annual professional tax on
each person engaged in the exercise or practice of his
profession requiring government examination at such
amount and reasonable classification as the sangguniang
panlalawigan may determine but shall in no case exceed
Three hundred pesos (P=300.00).
(b) Every person legally authorized to practice his profession
shall pay the professional tax to the province where he
practices his profession or where he maintains his
principal office in case he practices his profession in
several places: Provided, however, That such person who
has paid the corresponding professional tax shall be
entitled to practice his profession in any part of the
Philippines without being subjected to any other national
or local tax, license, or fee for the practice of such
profession.
(c) Any individual or corporation employing a person subject
to professional tax shall require payment by that person
of the tax on his profession before employment and
annually thereafter.
(d) The professional tax shall be payable annually, on or
before the thirty-first (31st) day of January. Any person
first beginning to practice a profession after the month of
January must, however, pay the full tax before engaging
therein. A line of profession does not become exempt
even if conducted with some other profession for which
the tax has been paid. Professionals exclusively
employed in the government shall be exempt from the
payment of this tax.
(e) Any person subject to the professional tax shall write in
deeds, receipts, prescriptions, reports, books of account,
plans and designs, surveys and maps, as the case may
be, the number of the official receipt issued to him.
APPEARANCE OF NON-LAWYERS
Student Practice Rule.
Rule 138-A. Law Student Practice Rule.
Section 1. Conditions for student practice. A law student
who has successfully completed his 3rd year of the regular
four-year prescribed law curriculum and is enrolled in a
recognized law school's clinical legal education program
approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case
before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school.
Section 2. Appearance. The appearance of the law
student authorized by this rule, shall be under the direct
supervision and control of a member of the Integrated Bar of
the Philippines duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other papers to be
filed, must be signed by the supervising attorney for and in
behalf of the legal clinic.
Section 3. Privileged communications. The Rules
safeguarding privileged communications between attorney
and client shall apply to similar communications made to or
received by the law student, acting for the legal clinic.
Section 4. Standards of conduct and supervision. The law
student shall comply with the standards of professional
conduct governing members of the Bar. Failure of an attorney
to provide adequate supervision of student practice may be a
ground for disciplinary action. (Circular No. 19, dated
December 19, 1986).
Bar Matter 730. (June 13, 1997)
Gentlemen:
Quoted hereunder, for your information, is a resolution of the
Court En Banc dated June 10, 1997.
IN RE: NEED THAT LAW STUDENT PRACTICING UNDER
RULE 138-A BE ACTUALLY SUPERVISED DURING TRIAL
(BAR MATTER NO. 730).
The issue in this Consulta is whether a law student who
appears before the court under the Law Student Practice
Rule (Rule 138-A) should be accompanied by a member of
the bar during the trial. This issue was raised by retired
Supreme Court Justice Antonio P. Barredo, counsel for the
defendant in Civil Case No. BCV-92-11 entitled Irene A.
Caliwara v. Roger T. Catbagan filed before the Regional Trial
Court of Bacoor, Cavite.
The records show that the plaintiff in civil Case No.
BCV-92-11 was represented by Mr. Cornelio Carmona, Jr., an
intern at the Office of Legal Aid, UP-College of Law (UP-
OLA). Mr. Carmona conducted hearings and completed the
presentation of the plaintiff's evidence-in-chief without the
presence of a supervising lawyer. Justice Barredo questioned
the appearance of Mr. Carmona during the hearing because
the latter was not accompanied by a duly accredited lawyer.
On December 15, 1994, Presiding Judge Edelwina Pastoral
issued an Order requiring Mr. Carmona to be accompanied
by a supervising lawyer on the next hearing. In compliance
with said Order, UP-OLA and the Secretary of Justice
executed a Memorandum of Agreement directing Atty.
Catubao and Atty. Legayada of the Public Attorney's Office to
supervise Mr. Carmona during the subsequent hearings.
Justice Barredo asserts that a law student appearing before
the trial court under Rule 138-A should be accompanied by a
supervising lawyer.
On the other hand, UP-OLA, through its Director, Atty. Alfredo
F. Tadiar, submits that "the matter of allowing a law intern to
appear unaccompanied by a duly accredited supervising
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lawyer should be . . . left to the sound discretion of the court
after having made at least one supervised appearance."
For the guidance of the bench and bar, we hold that a law
student appearing before the Regional Trial Court under Rule
138-A should at all times be accompanied by a supervising
lawyer. Section 2 of Rule 138-A provides.
Section 2. Appearance. The appearance of the law
student authorized by this rule, shall be under the direct
supervision and control of a member of the Integrated Bar of
the Philippines duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other papers to be
filed, must be signed the by supervising attorney for and in
behalf of the legal clinic.
The phrase "direct supervision and control" requires no less
than the physical presence of the supervising lawyer during
the hearing. This is in accordance with the threefold rationale
behind the Law Student Practice Rule, to wit:
1. to ensure that there will be no miscarriage of justice as a
result of incompetence or inexperience of law students,
who, not having as yet passed the test of professional
competence, are presumably not fully equipped to act a
counsels on their own;
2. to provide a mechanism by which the accredited law
school clinic may be able to protect itself from any
potential vicarious liability arising from some culpable
action by their law students; and
3. to ensure consistency with the fundamental principle that
no person is allowed to practice a particular profession
without possessing the qualifications, particularly a
license, as required by law.
The matter of allowing a law student to appear before the
court unaccompanied by a supervising lawyer cannot be left
to the discretion of the presiding judge. The rule clearly states
that the appearance of the law student shall be under the
direct control and supervision of a member of the Integrated
Bar of the Philippines duly accredited by law schools. The
rule must be strictly construed because public policy
demands that legal work should be entrusted only to those
who possess tested qualifications, are sworn to observe the
rules and ethics of the legal profession and subject to judicial
disciplinary control. We said in Bulacan v. Torcino:
Court procedures are often technical and may prove like
snares to the ignorant or the unwary. In the past, our law has
allowed non-lawyers to appear for party litigants in places
where duly authorized members of the bar are not available
(U.S. vs. Bacansas, 6 Phil. 539). For relatively simple
litigation before municipal courts, the Rules still allow a more
educated or capable person in behalf of a litigant who cannot
get a lawyer. But for the protection of the parties and in the
interest of justice, the requirement for appearances in
regional trial courts and higher courts is more stringent.
The Law Student Practice Rule is only an exception to the
rule. Hence, the presiding judge should see to it that the law
student appearing before the court is properly guided and
supervised by a member of the bar.
The rule, however, is different if the law student appears
before an inferior court, where the issues and procedure are
relatively simple. In inferior courts, a law student may appear
in his personal capacity without the supervision of a lawyer.
Section 34 Rule 138 provides;
Section 34. By whom litigation is conducted. In the court of
a justice of the peace, a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him for
that purpose, or with the aid of an attorney. In any other court,
a party may conduct his litigation personally or by aid of an
attorney, and his appearance must be either personal or by a
duly authorized member of the bar.
Thus, a law student may appear before an inferior court as an
agent or friend of a party without the supervision of a member
of the bar.
IN VIEW WHEREOF, we hold that a law student appearing
before the Regional Trial Court under the authority of Rule
138-A must be under the direct control and supervision of a
member of the Integrated Bar of the Philippines duly
accredited by the law school and that said law student must
be accompanied by a supervising lawyer in all his
appearance.
Padilla and Francisco, J.J., on leave.
Self-representation
Rule 115 (Rights of Accused), Section 1 (c). Rights of
accused at the trial. In all criminal prosecutions, the
accused shall be entitled to the following rights:
(c) To be present and defend in person and by counsel at
every stage of the proceedings, from arraignment to
promulgation of the judgment. The accused may, however,
waive his presence at the trial pursuant to the stipulations set
forth in his bail, unless his presence is specifically ordered by
the court for purposes of identification. The absence of the
accused without justifiable cause at the trial of which he had
notice shall be considered a waiver of his right to be present
thereat. When an accused under custody escapes, he shall
be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself
in person when it sufficiently appears to the court that he can
properly protect his right without the assistance of counsel.
Non-lawyers in courts
Before the MTCs and before any court:
Rule 138, Section 34. By whom litigation conducted. In
the court of a justice of the peace a party may conduct his
litigation in person, with the aid of an agent or friend
appointed by him for the purpose, or with the aid an attorney.
In any other court, a party may conduct his litigation
personally or by aid of an attorney, and his appearance must
be either personal or by a duly authorized member of the bar.
In a criminal case before the MTC
Rule 116 (Arraignment and Plea), Section 7. Appointment
of counsel de oficio. The court, considering the gravity of
the offense and the difficulty of the questions that may arise,
shall appoint as counsel de oficio only such members of the
bar in good standing who, by reason of their experience and
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ability, can competently defend the accused. But in localities
where such members of the bar are not available, the court
may appoint any person, resident of the province and of good
repute for probity and ability, to defend the accused. (7a)
Before Cadastral Courts / MTCs
Act No. 2259 (The Cadastral Act), Section 9. Any person
claiming any interest in any part of the lands, whether named
in the notice or not, shall appear before the Court by himself,
or by some person in his behalf and shall file an answer on or
before the return day or within such further time as may be
allowed by the Court. The answer shall be signed and sworn
to by the claimant or by some person in his behalf, and shall
state whether the claimant is married or unmarried, and, if
married, the name of the husband or wife and the date of the
marriage, and shall also contain:
(a) The age of the claimant.
(b) The cadastral number of the lot or lots claimed, as
appearing on the plan filed in the case by the Director of
Lands, or the block and lot numbers, as the case may be.
(c) The name of the barrio and municipality, township, or
settlement in which the lots are situated.
(d) The names of the owners of the adjoining lots as far as
known to the claimant.
(e) If the claimant is in possession of the lots claimed and
can show no express grant of the land by the
Government to him or to his predecessors in interest, the
answer shall state the length of time he has held such
possession and the manner in which it has been
acquired, and shall also state the length of time, as far as
known, during which his predecessors, if any, held
possession.
(f) If the claimant is not in possession or occupation of the
lands, the answer shall fully set forth the interest claimed
by him and the time and manner of its acquisition.
(g) If the lots have been assessed for taxation, their last
assessed value.
(h) The encumbrance, if any, affecting the lots and the
names of the adverse claimants as far as known.
Non-lawyers in other tribunals
Before the NLRC
Labor Code, Article 228. Indorsement of cases to Labor
Arbiters
1. Except as provided in paragraph (b) of this Article, the
Labor Arbiter shall entertain only cases endorsed to him
for compulsory arbitration by the Bureau or by the
Regional Director with a written notice of such
indorsement or non-indorsement. The indorsement or
non-indorsement of the Regional Director may be
appealed to the Bureau within ten (10) working days from
receipt of the notice.
2. The parties may, at any time, by mutual agreement,
withdraw a case from the Conciliation Section and jointly
submit it to a Labor Arbiter, except deadlocks in collective
bargaining.] (Repealed by Section 16, Batas Pambansa
Bilang 130, August 21, 1981)
By appointment and designation in accordance with the
law
Rule 138, Section 33. Standing in court of person authorized
to appear for Government. Any official or other person
appointed or designated in accordance with law to appear for
the Government of the Philippines shall have all the rights of
a duly authorized member of the bar to appear in any case in
which said government has an interest direct or indirect.
Mediation and Conciliation Proceedings
R.A. 9285 (Alternative Dispute Resolution Act of 2004),
Section 14. Participation in Mediation. - Except as otherwise
provided in this Act, a party may designate a lawyer or any
other person to provide assistance in the mediation. A lawyer
of this right shall be made in writing by the party waiving it. A
waiver of participation or legal representation may be
rescinded at any time.
Department Order No. 107-10, Section 12. Limitations in
the Conduct of Conciliation Meetings and Appearance of
Parties. Unless the parties agree otherwise, conciliation-
mediation services shall be carried out and terminated within
the prescribed 30-day period.
The parties are required to appear at all times. Lawyers may
be allowed to join the conference only to render advice to
parties.
Failure of the complaining party to appear in two (2)
scheduled meetings shall result in the issuance of Referral to
the appropriate DOLE Office or Agency that has jurisdiction
over the dispute.
In case of non-appearance of the employer or the party
complained of despite due notice, the complaining party may
request for the issuance of the Referral or for a re-setting of
the conciliation-mediation conference at any day within the
30-day period.
International Commercial Arbitration
R.A. 9285 (Alternative Dispute Resolution Act of 2004),
Section 22. Legal Representation in International Arbitration.
- In international arbitration conducted in the Philippines, a
party may be presented by any person of his choice.
Provided, that such representative, unless admitted to the
practice of law in the Philippines, shall not be authorized to
appear as counsel in any Philippine court, or any other quasi-
judicial body whether or not such appearance is in relation to
the arbitration in which he appears.
Where lawyers are prohibited
In all Katarungang Pambarangay Proceedings
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R.A. 7160 (Local Government Code of 1991), Section 415.
Appearance of Parties in Person. - In all katarungang
pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except
for minors and incompetents who may be assisted by their
next-of-kin who are not lawyers.
Before Small Claims Courts
A.M. No. 08-8-7-SC. (Re: The Rule for Small Claims
Cases), Section 17. Appearance of Attorneys Not Allowed. -
No attorney shall appear in behalf of or represent a party at
the hearing, unless the attorney is the plaintiff or defendant.
Certain Public Officers, with respect to private practice
SANCTIONS FOR PRACTICE OR APPEARANCE
WITHOUT AUTHORITY
Contempt of Court
Rule 71 (Contempt), Section 3 (e). Indirect contempt to be
punished after charge and hearing. After a charge in
writing has been filed, and an opportunity given to the
respondent to comment thereon within such period as may be
fixed by the court and to be heard by himself or counsel, a
person guilty of any of the following acts may be punished for
indirect contempt;
(e) Assuming to be an attorney or an officer of a court, and
acting as such without authority;
Suspension, disbarment, and other forms of discipline
Rule 138, Section 27. Attorneys removed or suspended by
Supreme Court on what grounds. A member of the bar
may be removed or suspended from his office as attorney by
the Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required to take
before the admission to practice, or for a willful disobedience
of any lawful order of a superior court, or for corruptly or
willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for
the purpose of gain, either personally or through paid agents
or brokers, constitutes malpractice.
Criminal liability
Act No. 3815 (Revised Penal Code), Article 348.
Usurpation of civil status. The penalty of prision mayor
shall be imposed upon any person who shall usurp the civil
status of another, should he do so for the purpose of
defrauding the offended part or his heirs; otherwise, the
penalty of prision correccional in its medium and maximum
periods shall be imposed.chanrobles virtual law library
R.A. 6713 (Code of Conduct and Ethical Standards for
Public Officials and Employees), Section 7. Prohibited
Acts and Transactions. - In addition to acts and omissions of
public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:
(b) Outside employment and other activities related thereto. -
Public officials and employees during their incumbency shall
not:
(2) Engage in the private practice of their profession
unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to
conflict with their official functions;
R.A. 6713 (Code of Conduct and Ethical Standards for
Public Officials and Employees), Section 11. Penalties. -
(a) Any public official or employee, regardless of whether or
not he holds office or employment in a casual, temporary,
holdover, permanent or regular capacity, committing any
violation of this Act shall be punished with a fine not
exceeding the equivalent of six (6) months' salary or
suspension not exceeding one (1) year, or removal
depending on the gravity of the offense after due notice
and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under
another law, he shall be prosecuted under the latter
statute. Violations of Sections 7, 8 or 9 of this Act shall
be punishable with imprisonment not exceeding five (5)
years, or a fine not exceeding five thousand pesos
(P5,000), or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public
office.
(b) Any violation hereof proven in a proper administrative
proceeding shall be sufficient cause for removal or
dismissal of a public official or employee, even if no
criminal prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-
principals, accomplices or accessories, with public
officials or employees, in violation of this Act, shall be
subject to the same penal liabilities as the public officials
or employees and shall be tried jointly with them.
(d) The official or employee concerned may bring an action
against any person who obtains or uses a report for any
purpose prohibited by Section 8 (D) of this Act. The Court
in which such action is brought may assess against such
person a penalty in any amount not to exceed twenty-five
thousand pesos (P25,000). If another sanction hereunder
or under any other law is heavier, the latter shall apply.
PUBLIC OFFICIALS AND THE PRACTICE OF LAW
Absolute prohibitions or disqualifications
1. Judges and other officials and employees of the
superior courts or the Office of the Solicitor General
Rule 138, Section 35. Certain attorneys not to practice.
No judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall
engage in private practice as a member of the bar or give
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 professional advice to clients.
2. Official and employees of other government
prosecution offices
People v. Villanueva, supra.
3. President, Vice-president, and members of the
cabinet and their deputies and assistants
Article VIII, Section 13. The President, Vice-President,
the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with,
or in any franchise, or special privilege granted by the
G o v e r n m e n t o r a n y s u b d i v i s i o n , a g e n c y, o r
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their
office.
The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not
during his tenure be appointed as members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their
subsidiaries.
4. Members of Constitutional Commissions
Article IX-A, Section 2. No Member of a Constitutional
Commission shall, during his tenure, hold any other office
or employment. Neither shall he engage in the practice of
any profession or in the active management or control of
any business which in any way be affected by the
functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government,
any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations or
their subsidiaries.
5. Ombudsman and his deputies
Article XI, Section 8. The Ombudsman and his Deputies
shall be natural-born citizens of the Philippines, and at
the time of their appointment, at least forty years old, of
recognized probity and independence, and members of
the Philippine Bar, and must not have been candidates
for any elective office in the immediately preceding
election. The Ombudsman must have for ten years or
more been a judge or engaged in the practice of law in
the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in
Section 2 of Article IX-A of this Constitution.
6. Civil service officers or employees whose duties and
responsibilities require that their entire time be at the
disposal of the government
Ramos v. Rada, supra.
7. Governors, City or Municipal Mayors
R.A. 7160 (Local Government Code of 1991), Section
90 (a). Practice of Profession.
(a) 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.
8. Those who by special law are prohibited from
engaging in the practice of their legal profession
R.A. 6713 (Code of Conduct and Ethical Standards for
Public Officials and Employees), Section 7. Prohibited
Acts and Transactions. - In addition to acts and omissions
of public officials and employees now prescribed in the
Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any public
official and employee and are hereby declared to be
unlawful:
(b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
(2) Engage in the private practice of their profession
unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to
conflict with their official functions;
Partial (Relative) Prohibition or Disqualification
1. Lawyer-member of the Legislative
Article VI, Section 14. No Senator or Member of the
House of Representatives may personally appear as
counsel before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the Government,
or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be
called upon to act on account of his office.
2. Sanggunian Members
R.A. 7160 (Local Government Code of 1991), Section
90 (b). Practice of Profession.
Page 7
 (b) Sanggunian members may practice their professions,
engage in any occupation, or teach in schools except Subject to any additional conditions which the head of the
during session hours: Provided, That sanggunian office deems necessary in each particular case in the
members who are also members of the Bar shall not: interest of the service, as expressed in the various
issuances of the Civil Service Commission.
(1) Appear as counsel before any court in any civil case
wherein a local government unit or any office, agency, or Special Restrictions
instrumentality of the government is the adverse party;
R.A. 910 (Retirement of SC and CA Justices), Section 1.
(2) Appear as counsel in any criminal case wherein an When a Justice of the Supreme Court or of the Court of
officer or employee of the national or local government is Appeals who has rendered at least twenty years' service
accused of an offense committed in relation to his office. either in the judiciary or in any other branch of the
Government, or in both, (a) retires for having attained the age
(3) Collect any fee for their appearance in administrative of seventy years, or (b) resigns by reason of his incapacity to
proceedings involving the local government unit of which discharge the duties of his office, he shall receive during the
he is an official; and residue of his natural life, in the manner hereinafter provided,
the salary which he was receiving at the time of his retirement
(4) Use property and personnel of the government except or resignation. And when a Justice of the Supreme Court or of
when the sanggunian member concerned is defending the Court of Appeals has attained the age of fifty-seven years
the interest of the government. and has rendered at least twenty-years' service in the
Government, ten or more of which have been continuously
3. Punong barangay rendered as such Justice or as judge of a court of record, he
shall be likewise entitled to retire and receive during the
4. Lawyers in the Executive Department residue of his natural life, in the manner also hereinafter
prescribed, the salary which he was then receiving. It is a
Memorandum Circular No. 17 (September 4, 1986); condition of the pension provided for herein that no retiring
Rule XVIII of the Revised Civil Service Rules, Section Justice during the time that he is receiving said pension shall
12. appear as counsel before any court in any civil case wherein
the Government or any subdivision or instrumentality thereof
Memorandum Circular No. 1025 dated November 25, is the adverse party, or in any criminal case wherein and
1977 "PROHIBITING ANY GOVERNMENT OFFICIAL officer or employee of the Government is accused of an
AND EMPLOYEE FROM ACCEPTING PRIVATE offense committed in relation to his office, or collect any fee
EMPLOYMENT IN ANY CAPACITY WITHOUT PRIOR for his appearance in any administrative proceedings to
AUTHORITY OF THE OFFICE OF THE PRESIDENT," is maintain an interest adverse to the Government, insular,
hereby revoked. provincial or municipal, or to any of its legally constituted
officers.
The authority to grant permission to any official or
employee shall be granted by the head of the ministry or
agency in accordance with Section 12, Rule XVIII of the
Revised Civil Service Rules, which provides:

"Sec. 12. No officer or employee shall engage directly in
any private business, vocation, or profession or be
connected with any commercial, credit, agricultural, or
industrial undertaking without a written permission from
the head of Department; Provided, That his prohibition
will be absolute in the case of those officers and
employees whose duties and responsibilities require that
their entire time be at the disposal of the Government:
Provided, further, That if an employee is granted
permission to engage in outside activities, the time so
devoted outside of office hours should be fixed by the
chief of the agency to the end that it will not impair in any
way the efficiency of the officer or employee: And
provided, finally, That no permission is necessary in the
case of investments, made by an officer or employee,
which do not involve any real or apparent conflict
between his private interests and public duties, or in any
way influence him in the discharge of his duties, and he
shall not take part in the management of the enterprise or
become an officer or member of the board of directors.

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