Anda di halaman 1dari 2

REPUBLIKA NG PILIPINAS

KAGAWARAN NG KATARUNGAN
PNGASIWAAN SA PATALAAN NG LUPAIN
(LAND REGISTRATION AUTHORITY)
East Ave., cor NIA Road
Quezon City

I would like to practice the legal profession, subject to the limitations provided for by
law, outside of regular office hours and/or utilizing authorized leave credits, and provided such
neither contravenes nor interferes with my duties and responsibilities as a public servant.

Abovementioned request for written authority has legal basis under the following laws and
rules:

1) Sec. 12, Rule XVIII of the Revised Civil Service Rules provides that:

“Sec. 12. 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. (Emphasis provided)

2) Sec. 7 (b) of R.A. 6713 (Code of Conduct and Ethical Standards for Public Officials and
Employees), further reiterates this by providing that public officials and employees
during their incumbency shall not:

“(b) 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;” (Emphasis provided)

3) Memorandum Circular No. 17, series of 1986 of the Executive Department, which allows
government employees to engage directly in the private practice provided there is a
written permission from the Department head. Said memorandum provides that:

“The authority to grant permission to any official or employee shall be granted by the
head of the ministry or agency in accordance with Section 12, Rule XVIII of the Revised
Civil Service Rules,” (Emphasis provided)

It should also be noted that the undersigned is not among those prohibited to engage
in the limited practice of law. Based on law and jurisprudence, the following are the public
officials prohibited from engaging in the private practice of law:

1. Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII
Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law

The undersigned would like to sincerely serve as a public servant and also practice the
other abovementioned areas of the legal profession in her private capacity. There being no legal
impediment, and with abovementioned laws and rules regulating and authorizing such concurrent
practice, it is respectfully prayed that the good office of the Honorable Administrator to
kindly grant and issue the requested Written Authority.

Anda mungkin juga menyukai