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Public Officials' Dual Roles Dispute

This case involves a city councilor named Erwin B. Javellana who was practicing law while holding public office. The city engineer filed an administrative case against Javellana for violating a Department of Local Government memorandum requiring public officials to get authorization before practicing their profession. Javellana argued the memorandum was unconstitutional. The Supreme Court ruled that neither the Local Government Code nor the memorandum violated the Court's authority to regulate the practice of law. The rules simply aimed to avoid conflicts of interest for public officials between their duties and private work. The Code also allowed sanggunian members to practice their professions outside of session hours.

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179 views1 page

Public Officials' Dual Roles Dispute

This case involves a city councilor named Erwin B. Javellana who was practicing law while holding public office. The city engineer filed an administrative case against Javellana for violating a Department of Local Government memorandum requiring public officials to get authorization before practicing their profession. Javellana argued the memorandum was unconstitutional. The Supreme Court ruled that neither the Local Government Code nor the memorandum violated the Court's authority to regulate the practice of law. The rules simply aimed to avoid conflicts of interest for public officials between their duties and private work. The Code also allowed sanggunian members to practice their professions outside of session hours.

Uploaded by

kimuchos
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

Javellana vs.

DILG Nature of the case: Administrative case Facts: This petition for review on certiorari involves the right of a public official to engage in the practice of his profession while employed in the Government. Attorney Erwin B. Javellana was an elected City Councilor of Bago City, Negros Occidental. City Engineer Ernesto C. Divinagracia filed Administrative Case No. C-10-90 against Javellana for: (1) violation ofDepartment of Local Government (DLG) Memorandum Circular No. 80-38 dated June 10, 1980in relation to DLG Memorandum Circular No. 74-58 and of Section 7, paragraph b, No. 2 ofRepublic Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees," and (2) for oppression, misconduct and abuse of authority. Divinagracia's complaint alleged that Javellana, an incumbent member of the City Council or Sanggunian Panglungsod of Bago City, and a lawyer by profession, has continuously engaged in the practice of law without securing authority for that purpose from the Regional Director,Department of Local Government, as required by DLG Memorandum Circular No. 80-38 in relation to DLG Memorandum Circular No. 74-58 of the same department. On the other hand, Javellana filed a Motion to Dismiss the administrative case against him on the ground mainly that DLG Memorandum Circulars Nos. 80-38 and 90-81 are unconstitutional because the Supreme Court has the sole and exclusive authority to regulate the practice of law. Issue: WON Section 90 of the Local Government Code of 1991 and DLG Memorandum Circular No. 90-81 violate Article VIII, Section 5 of the Constitution Held: Petitioner's contention that Section 90 of the Local Government Code of 1991 and DLG Memorandum Circular No. 90-81 violate Article VIII, Section 5 of the Constitution is completely off tangent. Neither the statute nor the circular trenches upon the Supreme Court's power and authority to prescribe rules on the practice of law. The Local Government Code and DILG Memorandum Circular No. 90-81 simply prescribe rules of conduct for public officials to avoid conflicts of interest between the discharge of their public duties and the private practice oftheir profession, in those instances where the law allows it. Section 90 of the Local Government Code does not discriminate against lawyers and doctors. It applies to all provincial and municipal officials in the professions or engaged in any occupation. Section 90 explicitly provides that sanggunian members "may practice their professions, engage in any occupation, or teach in schools expect during session hours." If there are some prohibitions that apply particularly to lawyers, it is because of all the professions, the practice of law is more likely than others to relate to, or affect, the area of public service.

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