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.
9. 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.).
10. • 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).
11. • 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).
12. • 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).
13. 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.
14. • 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.).
15. • 2073. Is the public prosecutor′s refusal a
legal justification 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).
16. • 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.
17. • 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)
18. 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).
19. • 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).
20. • 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)．
21. 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
22. • 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-Buffe, Former Clerk of court-
Br. 81,Romblon，Romblon-On 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).
23. 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
practice their Profession provided that such practice will not
practice will not conflict or Tend to conflict with their official
conflict with their official functions (DILG Opinion No. 3 , s.
Opinion No. 3 , s. 2018，Citing Section 90, R.A. No. 7160
R.A. No. 7160 and Section 7 [b][2]，R.A. No. 6713).
6713).
24. 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).
25. • 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).
26. • 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)．
27. • 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).
28. • 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).
29. • 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).
30. • 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).
31. 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.
32. • 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).
33. • 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).
34. • 2093. Are all medical operations emergency
situations?
35. • 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？
36. PRACTICE OF PROFESSION OF VICE
GOVERNOR OR VICE MAYOR
• 2095. May the vice mayors practice their
profession?
37. • 2096. Can the vice mayor continue with his work
in a private company as building administrator?
38. • 2097. The vice governor happens to be a lawyer.
Is he allowed to practice his legal profession?
39. • 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?
40. • 2099. The vice mayor happens to be a doctor of
medicine. Is he allowed to practice his medical
profession?
41. • 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?
42. PRACTICE OF PROFESSION OF
SANGGUNIAN MEMBERS
• 2101. Does the law allow the sanggunian members
to practice their profession?
43. • 2102. The Sangguniang bayan member happens to
be a licensed civil engineer. Is he allowed to
practice his profession?
44. • 2103. The sanggunian member is a lawyer. Is he
allowed to practice his legal profession?
45. • 2104. Cite the limitations specifically
applicable only to sanggunian members who are
also members of the Philippine Bar.
46.
47. • 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?
48. • 2106. The Sangguniang member happens to be a
doctor. Is he allowed to practice his
profession?
49. • 2107. Can the vice mayor practice his medical
profession outside of his territorial
jurisdiction?
50. PRACTICE OF PROFESSION OF
PUNONG BARANGGAY
• 2108. Does the law allow a punong barangay to
practice his profession?
51. • 2109. Is there a requirement for the punong
barangay to practice his profession or engage
in any other occupation?
52. • 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.
53. PRACTICE OF PROFESSION OF
LOCAL ADMINISTRATOR
• 2111. Atty. Loren has been appointed as City
Administrator. Is she allowed to practice her
legal profession?
54. PRACTICE OF PROFESSION OF
LEGAL OFFICERS
• 2112. Can a municipal legal officer be allowed
to engage in the private practice of his
profession?
55. • 2113. Who is the “head of agency” of the
municipality?
56. • 2114. Is there a need for the provincial legal
officer to secure an authority from DILG to
practice his legal profession?
57. • 2115. Are the acts of notarization within the
ambit of the term “practice of law”?
58. DETENTION AND PRACTICE OF
PROFESSION
• 2116. Can a prisoner practice his profession or
engage in any occupation while in detention?
