DOJ Opinion No. 003, s. 1987

DOJ OPINION NO. 003 , s. 1987 January 26, 1987 Acting Commissioner Romulo M. Villa Bureau of Internal Revenue Quezon City Sir : This refers to your request for opinion as to whether the incumbent Revenue District Officer of Lanao del Sur, may accept a designation as member of the Sangguniang Pampook (Regional Assembly) of Region XII without relinquishing his position in the Bureau of Internal Revenue. prcd Please be informed that we have had occasion to rule on a similar matter. Quoted hereunder, for your guidance, is the aforesaid ruling which is contained in our letter dated October 12, 1986 addressed to a Probation Inspector of Batangas: "With reference to your request for permission to sit as a "Kagawad' (member) of the Sangguniang Bayan of Taal, Batangas, without giving up your position as Probation Inspector in the Batangas Provincial Probation Office, Probation Administration, membership in the Sangguniang Bayan is considered political in nature in the sense that when one is elected to, or becomes a member of, the Sangguniang bayan, he thereby assumes membership in a political organization and thus involves himself in political activities. Mere membership therein or candidacy for an elective office constitutes political activity within the meaning of Section 14(b), Civil Service Rule XVIII, and is, prohibited under Section 45 of the Civil Service Decree of the Philippines (P.D. No. 807) and Section 5 of Article XII-B of the Constitution. (Opinion No. 150, s. 1979, quoting the ruling of the Civil Service Commission in the case of Pablo Amansec in CSC Resolution No. 146, s. 1976)". prcd We find no reason to depart from the above opinion despite of the provision of Section 12 of P.D. No. 1618 stating that: "A member of the Sangguniang Pampook may engage in business or in the practice of his profession unless such activity will give rise to a conflict of interest by reason of his position as such member, or unless he is concurrently the Lupon Chairman or member of the Lupong Tagapagpaganap ng Pook". Very truly yours, (SGD.) NEPTALI A. GONZALES Minister of Justice