Authority to Practice Law and/or Apply for a Notarial Commission

September 14, 2007

OCA CIRCULAR NO. 91-07

 

The First Division acting on the letter dated 15 March 2007 of (Ret.) Judge Leticia P. Morales, Regional Trial Court, Branch 140, Makati City, seeking clarification as to whether she may practice law in her hometown in Lamut, Ifugao and/or apply for a notarial commission thereat considering that she have already retired from the service effective 31 December 2006, issued a Resolution dated 27 June 2007 in A.M. No. 07-5-237-RTC, (Re: Letter-query of (Retired) Judge Leticia P. Morales, Regional Trial Court, Branch 140, Makati City, re: authority to practice her profession and/or apply for a notarial commission in Lamut, Ifugao in view of her retirement from the service on 31 December 2006) which resolved among others, to: HcDATC

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(2) to ADVISE Judge Morales:

(a) to refer to Sec. 7, R.A. No. 6713 (An Act Establishing Code of Conduct and Ethical Standards for Public Officials and Employees, to Uphold the Time-Honored Principle of Public Office being a Public Trust, Granting Incentives and Rewards for Exemplary Service, Enumerating Prohibited Acts and Transactions and Providing Penalties for Violations thereof and for Other Purposes) which allows a retired government employee to immediately engage in the private practice of his profession upon his resignation, retirement or separation from public office, except in connection with any matter before the office he used to be with, in which case the one-year prohibition shall apply; and

(b) to note that as a retired trial court judge, the term "office he used to be with" shall be construed to include the following: (i) all the branches/sala to which he had the chance to preside over, in his capacity as the presiding judge, judge-designate (in case of inhibition of the presiding judge in a single sala station or inhibition of all the judges in a multiple-sala station), acting/pairing judge and assisting judge; (ii) the entire station to which his court belongs (in case of a multiple-sala station); and (iii) for judges from the second level court and the Municipal Trial Court and Municipal Trial Court in Cities who had the opportunity to exercise the administrative functions of the Office of the Executive Judge, all first level courts within its administrative jurisdiction.

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For the information and guidance of all concerned.

 

(SGD.) CHRISTOPHER O. LOCKCourt Administrator