REPUBLIC OF THE PHILIPPINES. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Francisco Gold Condominium it EDSA Cor. Mapagmahal St., Diliman Quezon City \ LEGAL SERVICE i ' ' | DIR, ANANIAS M. VILLACORTA, CESO IV i OIC Regional Director : DILG, Region XI ! | Davao City Dear Dir. Villacorta: 1 | | This pertains to your letter seeking our legal opinion on whether or not there / | {is a need for a Punong Barangay to seek prior written permission from the | \Secretary of the Department of the Interior and Local Government before ‘he/she can practice his profession or engage in any other profession. | In reply thereto, may we invite your attention to Section 90 of the Local | Government Code of 1991 which provides and we quote: “SEC. 90. PRACTICE OF PROFESSION. - (a) All governors, city fig and municipal mayors are prohibited from practicing their i profession or engaging in any occupation other than the i exercise of their functions as local chief executives.” if i In view of the above-cited provision it is clear that the prohibition applies only to the governors, city and municipal mayors, no such interdiction is j | imade on the Punong Barangay and the members of the sangguniang barangay. Since they are excluded from the prohibition, the presumption is that they are allowed to practice their profession. Be that as it may, while punong barangay is allowed to practice his/her profession, however, being a public official, he/she must first obtain prior written permission from the head of the Department concerned as required under Section 12, Rule XVIII of the Revised Civil Service Rules which provides and we quote: “Section 12. No officer or employee shall engage directly in any private business, vocation, or profession or be connected with | ‘any commercial credit agriculture or industrial undertaking without a written permission from the head of the Department”. Also, in the case of Wilfredo M. Catu vs. Atty. Vicente G. Rellosa,(A.C. No. 5738, February 19, 2008) the Supreme Court ruled that a Punong Barangay should obtain prior written permission from the Secretary of the Department of the Interior and Local Government.Applying, the Supreme Court ruling to your query, we are of the view that all Punong Barangays shall obtain first a prior written permission from the Secretary of the Department of the Interior and Local Government before they can practice their profession or engage in other occupation. We hope we have enlightened you on the matter. Very truly yours, ATTY JESUS’. DQQUE W Director IIT Lsiga/ia He bye la