SC: LAWYERS OF LGUS MAY NOT REPRESENT THEIR OFFICIALS

MANILA, Philippines: Legal officers of local government units (LGUS) may not represent public officials of the LGUs they are serving in cases filed against such officials before the Ombudsman.

This was the ruling made by the Supreme Court's Second Division as it reprimanded a lawyer who was appointed as legal officer of Negros Oriental in 2011 for unauthorized practice of law, in violation of the then Code of Professional Responsibility.

In 2013, the Negros Oriental legal officer appeared as counsel for then Negros Oriental governor Roel Degamo in the criminal and administrative cases filed against the governor before the Ombudsman.

When the criminal cases reached the Sandiganbayan, the lawyer likewise entered his appearance as counsel. However, the prosecution opposed this arguing that it is not among his duties as provincial legal officer to represent public officials charged with criminal cases.

The lawyer was thus ordered by the Sandiganbayan to desist from appearing as counsel for Degamo.

As for the administrative cases, the lawyer also represented Degamo when these reached the Court of Appeals and eventually the High Court, where a petition to disbar was filed against the lawyer.

Following an investigation, the Integrated Bar of the Philippines (IBP) recommended the dismissal of the complaint against the lawyer for lack of merit, holding that at present, "there is no law that positively prohibits respondent from handling the case of his governor."

The Supreme Court, however, overturned the IBP's recommendations and found that the lawyer engaged in unauthorized practice of law under the Code of Conduct and Ethical Standards for Public Officials and Employees which states that public officials and employees are prohibited from engaging 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.

The High Court also found that there was no proof that the lawyer possessed an authority to practice law outside of his duties as provincial legal officer. Thus, his act of representing Degamo in the criminal and administrative cases against the latter constitutes unauthorized practice of law.

The lawyer's argument that he was simply performing his official duties as provincial legal officer was also rejected stating that a basic conflict of interest exists when a government lawyer represents another public official before the Ombudsman.

2024-03-29T02:28:51Z dg43tfdfdgfd