WRITTEN AUTHORITY TO ENGAGE IN THE LIMITED PRACTICE
OF THE LEGAL PROFESSION
I, HON. ATTY. SHERWIN PAUL QUIDATO, VICE-MAYOR AND HEAD OF THE
LEGISLATIVE DEPARTMENT OF THE LOCAL GOVERNMENT UNIT OF
IGBARAS, would like to respectfully grant ATTY. ANNE KARMELA
EUCOGCO an AUTHORITY TO ENGAGE IN THE LIMITED PRACTICE OF
THE LEGAL PROFESSION, specifically to act in the following capacity:
1) as Notary Public, for and in the City and Province of Iloilo;
2) as Private Counsel, to appear before any court
of law, tribunal, administrative and/or quasi-judicial body.
Atty. Anne Karmela Eucogco, is a member of the Philippine Bar and
was admitted to the practice of law in the Philippines on May 02,
2023.
The authorization herein granted is 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.
This 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 Atty. Anne Karmela Eucogco, 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
There being no legal impediment, and with abovementioned laws
and rules regulating and authorizing such concurrent practice, it is
submitted to grant and issue this Written Authority for Limited Legal
Practice.
I sincerely hope for your favorable
response.
Very truly yours,
HON. ATTY. SHERWIN PAUL QUIDATO
Vice-Mayor
Head of Office, Legislative Department
Municipality of Igbaras
