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Ph

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Dcprrtment of thc lnterior :rnd Local Govcrnme nt

A. Frarrcisco Colcl Conclonril1iunr ll, liDSA, Dilintan, Quczon C)ity

LEGAL SERVICE
DILG OPINION NO. T32
sEP o 200

S-

2OIO

ATTY, EINSTIEN GARRY R, TAGHOY

City Legal Officer
Digos City, Davao Del Sur
Dear Atty. Einstien Garry R. Taghoy:

This Office was in receipt of a Memorandum from Regional Director (RD) Quirino M.
Libunao of DILG Regional Office No. XI, Davao City, in response to your query
which was earlier referred to the said office for appropriate action.

The query centers on the propriety of your act as City Legal Officer when you
notarized a contract between the winning bidder and the City Government of Digos
as represented by the city Mayor, when at the same time, you occupy a
concurrent position as Chairperson of the Bid and Awards Committee (BAC) who
approved the contract of the same winning bidder.
Attached to the said Memorandum is the position maintained by our Regional Office
in Davao City, signed by RD Libunao himself, and in gist, we quote the Pertinent
portion therdof:

"The law is clear that public officials and employees are generally
prohibited from engaging in the private practice of their profession
unless authorized by the Constitution or law. As opined by the
Supreme Court, the only exceptions are as follows: first, the private
practice is authorized by the Constitution or the law; and second, the

practice will not conflict' or tend to conflict' with his or her

official functions.
xxx

of the considered view that there is a conflict or tendency

to
conflict with officiat function of the Legal Officer as BAC Chair if such
act of notarization is atlowed' It bears to stress that the functions of
BAC are so encompassing on procurement activities of the LGU'xxx"'
(emphasis and underscoring supplied )
We are

we are of the opinion that the position as explained by RD Libunao is in

order.
while the documents under review by this office did not mention of any issue as to
the existence or absence of your authority to practice your profession as a lawyer,
the same shall be discussed as an integral part of this office's additional legal
a

uthorities on the matter

on the matter of engaging in notarial practice without the written authoritv from
the Department Head, we cite the case of Abetta vs Atty. cruzabra, a.b. lto.
5688, 04 June 2oo9 wherein said respondent was reprimanded with stern
warning by the supreme court for engaging in notarial practice without authority
from the Department Secretarv:

Mentornnduln Cirurlnr No. -17 of tlv Execu ti.t,c Depnrtnent nllotos

gouernttrcnt cnt.ployces to a gngc diracfly in tlr prit,nte
Ttrnctice of tlreir
profession prottidcd tlrcrc is n ruri.ttcn. punrission
fron |lrc Depnrtntent
lrcnd. [t proztides:
"

Tlrc rutlrcrity Io grnnt pentissictn to nny officinl or

tfu lrcul of tl rt nLi stry or ngutcy itt
nccordatce ruitlt Section 72, RuIe XVlll of tlrc Redsed Ciuil
enrployec sltnl.l bc grnnted by
Se

n, ice Rt t lcs,

ttl

ricl t p rot,idc s:

"Sac. 12. No oft'iccr or enrployce shnll

engnge directly itt ony priuttta hLsittess, ttocntiot't,
or professiott or be conncctcd ruitlr nry1 corrutrcrcinl,
credit, ngriculturnl, or indrtstri undartnking

toitltout a utritten permission from the heail

Department; xxx." (emplmsis supplied)

of

it is emphasized by this Office that your notarial practice must have a prior
written authorization from the City Mayor of Digos, Davao who has control and
supervision over your position. Absent such authority, then the notarial act subject
Thus,

of this review ls deemed improper and

prohibitive act.

Assuming arguendo that you have a standing authority to practice your profession,
the act of notarizing the contract which you approved as Chairperson of the BAC of
Digos City was contrary to the norms of conduct expected of public officials.
Republic Act No. 6713, otherwise known as the Code of Conduct and Ethicat
Standards for Public Officials and Employees, commitment to public interest and

professionalism:

Offci s nnd Entltktycr:s. - (A)

Eztcry lttLblic officinl nnd anLplotlaa slutll obsenta llut follotritLg rrs
stnndnrds of pcrsonnl condt.Lt't itt lha Ll.iscllnrgt nnLl txct:Lttion of officinl
"Section 4. Nornts of Cottt tt^t of Pttbl.ic

rlt.tties:

(n) Cownittttcrrt to ltublic i!!lerest. - Ptrltlic of,ficials

and etnployees shnll alzuaus uphold thc wrblic
interest oaer and aboue personal interest. AII
gorlcr rctlt t'tisltrcas aul pozocrs of tlrcir raspecti'ttc
nn.Lst hc en4:loryerl mrl nsul cfficiautly, effectiuely,
lnnesthl nnd acononimlly, pnrticulnrly lo nuoid zotslnge
itr otrblic funds nnrl nttnucs.

offcas

,-.1 P rofessionnlisttt. - Prtblit offtitts ntul ut4,u,yecs slnll

petfom nid diselnrgc tltit rllttics rlith tl; ltiglrcst
rlr'grtt ol p.\(L'llL'nrc, proj+siotnlisttt, itt l,:lligtttti nnLl
skill. llu'y slnll tnter pul it sr,n,icr u,ilh utttrost
dcuotion nnd fuditation to drrty. They slmll endeaaor
to discourage u;rong perceptions o,f tlrcfu roles ss

dispensers or peddlers of unduo patronag!,'.

In cfosing, we cite the case of Lorenzana vs Fajardo, A.C, No, 5712, 29 June
2005:
"A I.AWYER SHALL LLPHOLD TI-IE CONSTITUTION, OBEY THE LAWS
OF THE LAND, PROMOT E RESPECT ]TOR LAW

AN

D LEG A L

P ROCESS ES,

Tlrcse clutics nre t'urtfu:r ensluined in tlrc Attontey,s OtttlL rohiclt ez,ery
lmoyer in
s jurisdiction lms to tnke hcfore lrc is nllotpcd to
ltrncticc lntp. TIic

tl

Attorney's Ontlt stntes in pnrt tlnt ez,ery lntpyL,r "shall support the
Constitution anil obey tlrc laus as zuell as the legal orders of the ih y
c onstitltt e tl authorit i e s ...,,

The lauyer's paranrotnrt duty to society is to obey the lazu. For of

,
nII clnsses nnd
professions,

trplnld tfu

lnzus,

it is the lmoyer tuln is

for lrc i.s tluir

ntost sncrcdly botutti to

szuonr seraant.xx,' (entpltnsis sttpplietl)

We hope to have sufficiently addressed all your concerns.

Very truly yours,

*-'..'-.- (

I e. oolue rv
\
DIR. QUIRINO M. LIBUNAO, CESO
Regional Director, DILG Region XI
Matina, Davao City

File

Encl.; Regional Position

LS:55/cga:ins

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