LEGAL REPRESENTATION AND PRACTICEOFPROFESSION.pptx

LEGAL OFFICERS OF LOCAL GOVERNMENT UNITS

1. LEGAL REPRESENTATION AND PRACTICE OF PROFESSION CHAPTER 18

2. 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 )

3. 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).

4. 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).

5. 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

6. 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).

7. 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.).

8. 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.).

9. 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).

10. 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).

11. 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).

12. 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.

13. 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.).

14. 2073. Is the public prosecutor′s refusal a legal jus tificati on 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).

15. 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.

16. 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)

17. 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).

18. 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).

19. 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 )．

20. 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).

21. 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 -B uffe , Former Clerk of court-Br. 81,Romblon，Romblon -O n 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).

22. 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).

23. 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).

24. 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).

25. 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)．

26. 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).

27. 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).

28. 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).

29. 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).

30. 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.

31. 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).

32. 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).

33. 2093. Are all medical operations emergency situations?

34. 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？

35. PRACTICE OF PROFESSION OF VICE GOVERNOR OR VICE MAYOR 2095. May the vice mayors practice their profession?

36. 2096. Can the vice mayor continue with his work in a private company as building administrator?

37. 2097. The vice governor happens to be a lawyer. Is he allowed to practice his legal profession?

38. 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?

39. 2099. The vice mayor happens to be a doctor of medicine. Is he allowed to practice his medical profession?

40. 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?

41. PRACTICE OF PROFESSION OF SANGGUNIAN MEMBERS 2101. Does the law allow the sanggunian members to practice their profession?

42. 2102. The Sangguniang bayan member happens to be a licensed civil engineer. Is he allowed to practice his profession?

43. 2103. The sanggunian member is a lawyer. Is he allowed to practice his legal profession?

44. 2104. Cite the limitations specifically applicable only to sanggunian members who are also members of the Philippine Bar.

45. 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?

46. 2106. The Sangguniang member happens to be a doctor. Is he allowed to practice his profession?

47. 2107. Can the vice mayor practice his medical profession outside of his territorial jurisdiction?

48. PRACTICE OF PROFESSION OF PUNONG BARANGGAY 2108. Does the law allow a punong barangay to practice his profession?

49. 2109. Is there a requirement for the punong barangay to practice his profession or engage in any other occupation?

50. 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.

51. PRACTICE OF PROFESSION OF LOCAL ADMINISTRATOR 2111. Atty. Loren has been appointed as City Administrator. Is she allowed to practice her legal profession?

52. PRACTICE OF PROFESSION OF LEGAL OFFICERS 2112. Can a municipal legal officer be allowed to engage in the private practice of his profession?

53. 2113. Who is the “head of agency” of the municipality?

54. 2114. Is there a need for the provincial legal officer to secure an authority from DILG to practice his legal profession?

55. 2115. Are the acts of notarization within the ambit of the term “practice of law”?

56. DETENTION AND PRACTICE OF PROFESSION 2116. Can a prisoner practice his profession or engage in any occupation while in detention?

57. CONSULTANCY 2117. Define Consultant.