Guidelines on Authority to Engage in a Limited Practice of Profession by Lawyers Holding Permanent Position in DENR Central Office, Regional Offices, and Bureaus

January 16, 2017

DENR MEMORANDUM CIRCULAR NO. 01-17

 

Section 12, Rule XVII of the Revised Civil Service Rules provides that:

"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 this 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."

Civil Service Commission (CSC) Memorandum Circular (MC) No. 15, s. 1999, (Additional Provisions and Amendments to CSC MC No. 40, s. 1998), provides that:

"Sec. 18. Unless otherwise provided by law, no officer or employee shall engage directly or indirectly in any private business or profession without a written permission from the head of agency. Provided that this 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 devoted outside of office hours should be fixed by the head of agency so that it will not impair in any way the efficiency of the officer or employee nor pose a conflict or tend to conflict with the official functions." CAIHTE

Sec. 7 (b) (2) of Republic Act (R.A.) No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) provides:

"Sec. 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 directed to be unlawful:

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(b) Outside employment and other activities related thereto. —

Public officials and employees during their incumbency shall not:

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(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."

Section 1 of Rule X of the Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees likewise provides that:

"No government official or employee shall engage in the private practice of his/her profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict or tend to conflict with his official functions."

Henceforth, the following guidelines must be strictly observed:

1. No lawyer shall engage directly in the practice of law without a written permission from the undersigned or her duly authorized representative.

2. Officials or employees, who are members of the BAR, may be allowed to teach in a college, university or educational/training institution outside of the regular work hours.

3. Officials with a rank of Director or equivalent up to Undersecretary or its equivalent are prohibited from court practice as their duties and responsibilities require that their entire time be at the disposal of the Government and of this Department. DETACa

4. Officials or employees below the rank of Director, who are members of the BAR, may be granted an authority to practice their profession and appear as counsel before any court of law or tribunal except if such practice will be in conflict or tend to conflict with their official functions.

5. Officials or employees with Authority to Practice their profession, should file a leave of absence or secure a written "Permission to Leave" from office from the head of their respective operating unit indicating therein the said purpose. The time spent in attending court processes or hearings must be accordingly deducted from the accrued vacation leave of the concerned official or employee.

6. In granting the "Permission to Leave" the head of the operating unit concerned must ensure that the delivery of public service will not be impaired.

7. No government time, vehicle, personnel, funds or supplies shall be utilized in the pursuit of one's profession except when the official or employee concerned is defending the interest of the government.

8. The grant of authority shall further include the following conditions:

a. It shall not entail any conflict of interest;

b. It shall not be in representation of a client whose cause of action is against the government;

c. It shall not involve the use of government funds or property;

d. It shall not impair the efficiency in the discharge of the lawyer's regular functions in the Office, and absences incurred, if any, shall be covered by duly approved vacation leaves and pass slips; and aDSIHc

e. It shall be subject to the provisions of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and such other relevant Civil Service Law and Rules.

9. Officials or employees with Authority to Practice their profession, may engage in any practice of law which are not in conflict with the interest of DENR and of the government, and shall not be limited to the following:

a. Civil Cases (e.g., adoption, annulment, collection for sum of money, etc.)

b. Labor Cases

c. Notarial Practice

d. Deportation Cases

e. Any other analogous cases.

It is understood that in case of conflict of schedule, the duties and responsibilities of the official or personnel concerned must take precedence over the Authority to Practice granted to him/her.

This order shall take effect immediately.

(SGD.) REGINA PAZ L. LOPEZ

Secretary