LEGAL AND JUDICIAL ETHICS LEGAL ETHICSUP LAW BOC |. Practice of Law (Rule 138) A. CONCEPT A. DEFINITION The practice of law is any activity, in or out of court, which requires the application of law, legal’ procedure, knowledge, training and experience. Itis to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, GR. No, 100733 (gsi). According to Justice Padilla, in his assent in Cayetano v. Monsod, the following factors are considered in determining whether there is practice of law: () Habituality implies customarily or habitually holding one's self out to the public as a lawyer. (2) Application of law, legal principles, practice of procedure -calls for legal knowledge, training and experience. (3) Compensation-implies that one must have presented himself to be in the active and continued practice of the legal profession and that his professional services are available to the public for compensation, as a service for his livelihood or in consideration of his said services. (4) Attorney-client relationship - Where a lawyer undertakes an activity which requires the knowledge of taw but involves no such relationship, such as teaching law ‘or writing law books or articles, he cannot be said to be engaged in the practice of his, profession or a lawyer. The test is the activity, NOT who/what he or she is. A2. PRIVILEGE, NOT RIGHT The right to practice law is not a natural or constitutional right but is a privilege. It is limited to persons of good moral character with special qualifications duly ascertained and certified. The exercise of this privilege presupposes possession of integrity, legal PAGE 20F 85 LEGAL NO JUDICIAL ETHICS knowledge, educational attainment, and even public trust since a lawyer Is an officer of the court. A bar candidate who is morally unfit cannot practice law even if he passes the bar examinations [Aguirre v. Rana, BM. 1036 (2003)] While the practice of law is not a right but a privilege, the Court will not unwarrantedly withhold this privilege from individuals who have shown mental fitness and moral fiber to withstand the rigors of the profession [in re: Michael Medadol 3, PROFESSION, NOT BUSINESS Lawyering is not a business; iti a profession in which duty to public service, not money, Is the primary consideration. The gaining of a Livetthoodis not a professional buta secondary consideration [urbe v. Magulta, A.C. 99-634 (2002). 8. QUALIFICATIONS Any person admitted to the bar and who is in good and regular standing is entitled to practice iaw [Sec. 1, Rule 138, Rules of Court, hereinafter RoC]. Every applicant for admission as a member of the bar must be: () Citizen of the Philippines; (2) Atleast 21 years of age: (3) Of good morat character; (4) Resident of the Philippines; (5) Produce before the Supreme Court satisfactory evidence: a, Of good moral character; b. That no charges against him, involving ‘oral turpitude, have been filed or are pending in any court in the Philippines, [Sec. 2, Rute 138, RoC. Requisites for the practice of law: (1) Admission to the bar: (2) Citizenship; (b) Residence; (0) Age (at Least 21 years old);up Law BoC. (A) Good moral character and no charges involving morat turpitude 1. The purposes for this requirement are: b. ‘To protect the public; To protect the public image of lawyers; To protect prospective clients; and To protect errant lawyers from themselves (antes v. Dantes, A.C, 6486 (2004)]. Leg ETHICS (8) Pass the bar examinations; (g) Take the lawyer's oath; (h) Sign the rottof attorneys. Q Good and regular standing: (a) Remain a member of the Integrated Bar of the Philippines (hereinafter BP); tb) Regularly pay alt IBP dues and other lawful assessments (c) Faithful observance of the rules and ethics of the legal profession (e.g, (Mandatory Continuing Legal. Education, hereinafter MCLE); (d) Be continually subject to_judiciat disciplinary control [Agpalo (2004)} Passing the bar is not the only qualification to become an attorney-at-law. Two essential requisites for becoming a lanyerstil had to be performed, namely: his lavyer's oath to be administered by this Court and his signature in the roll of attomeys [Aguirre v. Rama, supra.) B.1. CITIZENSHIP The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by law [Sec. 14, Art XIl, 1987 Constitution]. Ratio: Citizenship ensures allegiance to the Republic and ts laws. PAGE 20F 89 LEGAL AND JUDICIAL ETHICS Filipino citizenship is a requirement for admission to the bar and Js, in fact, a continuing requirement for the practice of law. The loss thereot means termination of the petitioner's membership in the bar; ipso jure the privilege to engage in the practice of law. A Filipino lawyer who becomes a citizen of another country and later re-acquires his Philippine citizenstip under RA 9225 (Citizenship Retention and Re-acquisition Act of 2003), remains to be a member of the Philippine Bar. However, the right to resume ‘the practice of law is not automatic. RA 9225 provides that a person who intends to practice his profession in the Philippines must apply with the proper authority for a license or permit to engage in such practice. Thus, in pursuance to the qualifications laid down by ‘the Court for the practice of taw, the OBC requires the following; 1) Petition for Re-Acquisition of Philippine Citizenship; 2). Order (for Re-Acquisition of Pritippine citizenship); 3) Oath of Allegiance to the Republic of the Philippines; 4) Identification Certificate (IC) issued by the Bureau of Immigration; 5). Certificate of Good Standing issued by the IBP; 6) Certification from the IBP indicating updated payments of | annual membership dues; 7) Proof of payment of professional tax; and 8) Certificate of compliance issued by the MCLE Office. (Petition to Re-acquire the Privilege to Practice Law of Muneses, BM. 22 (2012\\. Requirements under Sec. 5 (4) before applying with the Supreme Court for a license cor permit to engage in law practice: 1) Updating and payment of annual ‘membership dues in the IBP; 2) Payment of professional tax; 3) Completion of 36 hours of MCLE: 4) Retaking of the lawyer's oathUP LAW BOC B.2, RESIDENCE Ratio: His/her duties to his client and to the court witl require that he be readily accessible and available. B.3, AGE Ratio: Maturity and discretion are required in the practice of law. 8.4. GOOD MORAL CHARACTER Absence of a proven conduct or act which has been historically and traditionally considered asa manifestation of moral turpitude. The act of conduct need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it_ may show moral depravity [Agpalo (2004)} This requirement is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law. Good moral character is what a person really is, as distinguished from good reputation, the estimate in which he is held by the public in the place where he is known {J the Matter of the Disqualification of Bar Examinee Haron S. ‘Meling in The 2002 Bar Examinations and For Disciplinary Action As Member of The Philippine Shari'a Bar, BM. 1154 (2004)}.All aspects of moral character and behavior may be inquired into in respect of those seeking admission to the Bar. The scope of such quiry is, indeed, said to be properly broader than inquiry into the moral proceedings for Gisbarment. The requirement of good moral character to be satisfied by those who would seek admission to the bar must of necessity be more stringent than the norm of conduct ‘expected from members of the general public: The Supreme Court may deny lanyer’s oath- taking based on a conviction for reckless imprudence resulting in homicide (hazing case}. But after submission, for the Court's, examination and consideration, relevant evidence to show that he is a different person row, that he has become morally fit for admission to the ancient and learned profession of the law {/n re: Argasing} Question of moral turpiture is for the Supreme Court to decide, which is why applicants are required to disclose any crime which they have LETHICS PAGE4OF 85, LEGAL AND JUDICIAL HICS been charged. Concealment or withholding from the Court information about charges and indictments is a ground for disqualification of applicant or for revocation of license [Agpato 2004), By concealing pending criminal cases, the applicant (in a petition to take the Bar Examinations) then flunks the test of fitness even if the cases are ultimately proven to be unwarranted or insufficient to impugn or affect the good moral character of the applicant [/n the Matter of the Disqualification of Bar Examinee Haron S. Meting in The 2002 Bar Examinations and For Disciplinary Action ‘As Member of The Philippine Sharia Bar, BM, 1154 (2004}}. B.5, LEGAL EDUCATION |. Prelaw ‘An applicant for admission to the bar ‘examination shall present a certificate issued by the proper government agency that, before ‘commencing the study of law, he or she had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of stuay prescribed therein for a bachelor’s degree in arts or sciences. ‘A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its equivalent in a foreign law school must present proof of having completed a separate bachelor's degree course. [Sec. 6, Rule 138, RoC as amended by Re: Letter of Atty, ‘Mendoza, B.M. 153 (2010)]. 1. Law proper All applicants for admission shall, before being admitted to the examination, satisfactorily show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a aw school or university offically recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been granted, No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar examination unless he or she has satisfactorily completed the followingup Lawe0c course in a law school or university duly recognized by the government: au) 2) 3) 4) 5) 6) ”n vil Law Commercial Law Remedial Law Criminal Law Public International Law Private International Law Political Law 8) Labor and Social Legisiation 9) Medical Jurisprudence 10) Taxation 11) Legal Ethics A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: 1) Completion of all courses leading to ‘he degree of Bachelor of Laws or its equivalent degree: Recognition or accreditation of the law schoot by the proper authority; and Completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government. [Sec. 5, Rule 138, RoC as, amended byRe Letter of Atty ‘Mendoza, 8.M. 153 (2010)]. 2) 3) InBM. No.1552-A (2010), the Supreme Court approved the guidelines on the legal apprenticeship program in the Supreme Court and other collegiate appellate courts, allowing qualified 4” year law students to undergo the Legal Apprenticeship Program for atthe said courts for at least 160 hours. In AM. No, 15-04-03-SC (ReLetters of Justice Jose C. Vitug [Ret], Founding Dean of Angeles University Foundation (AUF) School of Law, dated 7 February 2015, and of Judge Ave A. Zurbito-Alba, Municipal Trial court, Daraga, Albay, dated 29 January 2015), the Supreme Court’ lifted the prohibition on the u LETHICS PACE SOF 85 LEGAL AND JUDICIAL ETHICS accommodation of students to undergo on- the-job training/practicum in the tower courts, Legal Education Board ‘Under R.A. No. 7662 (Legal Education Reform Act of 1993), the Legal Education Board (LEB) was created in order to upiift the standards of egal education by undertaking appropriate reforms in the legal education system, requiring proper selection of law students, ‘maintaining quality among law schools, and requiring legal apprenticeship and continuing {egal education, {t is comprised of a Chairman (preferably former justice of the Supreme Court or Court of Appeals), 4 regular members (a representative of the IBP, a representative of the Philippine Association of Law Schools (PALS), a representative from the ranks of active law practitioners, a representative from the law students’ sector, and the Secretary of the Department of | Education or his representative as an ex officiomember. The functions of the Board include: a) administering the legal education system in the country; b) supervising the law scheals In the country; ©) setting the standards of accreditation for law schools taking into account, among others, the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning; 4) accrediting taw schools that meet the standards of accreditation; €) prescribing minimum standards for law admission and — minimum, qualifications and compensation of faculty members; prescribing the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness; establishing a law practice internship a a requirement for taking the Bar which a law student shall undergo 1 9UP LAW BOC with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation andthe specifications of such internship which shall inclucle the actual work of a new! member of the Bar; and h) adopting a system of continuit education, 19 legal The LEB promulgated LEB Memorandum Order No 1, Series of 2011 to set forth the policies and standards of tegal education and manual of regulations for law schools.(N.B. Outside of the Bar Coverage] In December 2016, LEB promulgated LEB Memorandum Order No. 7, Series of 2016 which required the Philippine ‘Law School Admission Test [PhiKSAT) as a pre-requisite for admission to the basic law courses leading either to a Bachelor of Laws or Juris Dectar degree beginning school year 2017-2018. B.6. BAR EXAMINATIONS |. When to fite permit, All applicants for admission shall file with the clerk of the Supreme Court the evidence required under Sec. 2 at least 15 days before the beginning of the examination, if the applicant is not covered by Secs. and 4, they shalt also file within the same period the affidavit and certificate required by Sec. 5 [Sec. 7, Rule 138, RoC}. li. Notice Notice of applications for admission shall be published by the eter of the Supreme Court in newspapers published in Filipino, English and Spanish, for at least 10 days before the beginning of the examination {Sec. 8, Rule 138, RoC] iil, Conduct of examinations Persons taking the examination shail not ring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall be given to each LEGAL ETHICS PAGE 60F 85 SAL AND JUDICIAL ETHICS, examinee, Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be dificult to read his answers without much toss of time, the Supreme Court ‘may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shalt be allowed to be used. The committee of bar examines shail take ‘such precautions as are necessary to prevent the substitution of papers or commission of other frauds. Examinees shall not place thelr names on the examination papers. No oral examination shall be given (Sec. 10, Rule 138, RoC]. iv. When and where to take examinations Examination for admission to the bar of the Philippines shall take place annually in the ity of Mania. They shall be held in 4-days to be designated by the chairman of the committee on bar examiners [Sec. Il, Rule 138, RoC], Political and International Law Afternoan | Labor and Social | [Morning Legislation ‘Morning ~“Chitlaw | “Afternoon | Taxation ‘Morning | Mercantile Law Alternoon | Criminaltaw | ‘Morning | Remedialiaw —\ ——So Legal Ethics and Practical Exercises “Afternoon -. Passing average A candidate is deemed to have passed his examinations successfully if he obtained a general average of 75%in all subjects, without falling below 50%in any subject [Sec. 14, Rule 138, RoC]. ‘The relative weights of the subjects used in determining the average are as follows:uP LAW BOC Labor and Social Legislation Mercantile Law [Criminal Law LEGAL ETHICS Political and intemational Law 5% ‘Taxation | 10% [Remediattaw | 205 ‘egal Ethics and Practical Exercises [5% [isstaene vi. Committee of Examiners, Examinations shall_be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shalt be composed of a Justice of the Supreme Court as chairman, and 8 members of the bar, ‘who shall hold office for a period of one year. ‘The names of the members of this committee shall be published in each volume of the official reports (Sec. 12, Rute 138, RoC] Pursuant to BM, T161 {2004), 2 examiners are designated per bar subject. ‘The Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the ‘other. He is at the same time a deputy clerk of court vii, Results Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report fon the result of such examination, The examination papers and notes of the ‘committee shall be filed with the clerk and may there be examined by the parties in interest, after the court has approved the report (Sec. 15, Rule 138, RoC]. vill, Flunkers Candidates who have failed the bar examinations for 3 times shall be disqualified {om taking another examination provided that they may take a 4” and 5" examination if PAGE 7 0F 85 ‘LEGAL. AND JUDICIAL ETHICS they show to the satisfaction of the court that they have enrolled in and passed regular 4 ‘year review classes as well as attended a pre- bar review course in a recognized law school for each examination [Sec. 16, Rule 138, RoC, as amended by 8M. T161 (2004)] ix. Disciplinary measures No candidate shall endeavor to influence any member of the committee, and during examination, the candidates shall not communicate with each other nor shall they give or receive any assistance, Any violator shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action may be taken in the Giscretion af the court [Sec. 13, Rule 138, RoC]. Under RA 1080 (An Act Declaring the Bar and Board Examinations as Civil Service Examinations), as amended by RA 1844, the Bar examinations is declared as civil service examinations equivalent to: (i) First grade regular examination for appointment to a position which requires proficiency in law; and (2) Second grade regular examination for appointment to a position which does not require proficiency in law, C. APPEARANCE OF NON-LAWYERS General rule: Only members of the bar are entitied ta practice law, Exceptions: The following are also allowed in exceptional circumstances: () Law students; (2) By anagent/friend; (3) By the litigant himself C.. LAW STUDENT PRACTICE Alaw student who has successfully completed 3 year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school’s clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal orUP LAW BOC LEGAL ETHICS administrative case before any trial court, tribunal, board or officer, to represent indigent Clients accepted by the legat clinic of the law school [Sec. 1, Rule 138-A, RoC] ‘The appearance of the law student shall be under the direct supervision and control of a member of the IBP duly accredited by the law school. Anyand all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and Inbbehalf of the legal clinic [Sec, 2, Rule 138-A, RoC], The Rules safeguarding privileged ‘communications between attorney and client shall apply [Sec. 3, Rule 138-A, RoC) The law student shall comply with the standards of professional conduct governing members of the bar. Failure of an attorney to provide adequate supervision of student Practice may be a ground for disciplinary action [Sec. 4, Rule 138-A, RoC] Sec, 34, Rule 138, RoC is clear that appearance before the inferior courts by a non-layyer is allowed, irrespective of whether or not he sa aw student. Thus, a law student ‘may appear under the circumstances of Sec. 38, as an agent or a friend of a party litigant, without complying with the requirements of Rule 138-A, eg,, supervision of a lawyer [Cruz v. Mina, G.R.154207 (2007) €.2. NON-LAWYERS IN COURTS In the court of a municipality a party may conduct his titigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar [Sec 34, Rule 138]. Public policy demands that legal work in representation of parties sould be entrusted only to those possessing tested qualifications [PAFLU v. Binalbagan, GR. No. \-23959 971). PAGE BOF 85, LECAL AND JUDICIAL ETHICS, However, the Supreme Court, in the exercise of its judicial power, can validly authorize a layman to represent a litigant in court [Agpalo (2004)} A non-lawyer conducting his own litigation is, bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented [Agpato (2004)]. C3. NON-LAWYERS IN ADMINISTRATIVE TRIBUNALS There are laws which allow representation of another by non-lawyers before such bodies. () Art, 222, Labor Code allows non-Lawyers to appear before the NLRC or any Labor Arbiter i (a) they represent themselves, or (b) they represent their organizations members (2) The 2011 NLRC Rule of Procedure, promulgated pursuant to Art 225(a), Labor Code, allows (a) non-lawyers, who are not necessarily a party to the case, to represent a union or members thereof, (b) non-lawyers who are duly-accredited members of any legal aid office recognized by the Department of Justice or IBP, and (c) norlawyer owners of establishments, to appear before it. (2) Under Sec. 9, Act 2259 (Cadastrat Act), a claimant may appear by himself, or by some person in his behalf, before a cadastral court. (3) Under Sec. 50, RA 6657 (Comprehensive Agrarian Reform Law), as amended by RA 9700, responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their organizations in any proceedings before the DAR: Provided, however, That when there are two or more representatives for any individual or group, the representatives, should choose only one among themselves to represent such party of group before any DAR proceedings In order that these laws will not infringe upon the power of the Supreme Court to regulateUPLAWBOC L the practice of law, the following limitations must be observed: {1)Thenon-tawyer should confine his work to nnon-adversary contentions and should nat undertake purely legal work (ie. examination of witness, presentation of evidence); (2) The services should not be habitu (3) Attorney's fees should not be charged {[Agpalo (2004)}, C.4, PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM APPEARING (1) In small claims cases, no attorney shall appear in behalf of or represent a party at the hearing, untess the attorney is the plaintiff or defendant. If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, aliow another individual who is. not an attorney to assist that party upon the latter's consent [Sec. 17, Rules of Procedure in Small Claims Cases. In all katarungang — pambarangay proceedings, the parties must appear in person without the assistance of the Counsel or representative, except for minors and incompetents who may be assisted by their next of kin who are not lawyers [Sec 415, RA 7160 (Local Government Code)] C.5, SELF-REPRESENTATION Pursuant to Sec. 34, Rute 138, RoC, in any court, a party may conduct his litigation in Person. @ {An attorney who is otherwise disqualified to practice law, or has been disbarred or suspended from practice, can _ validly prosecute or defend his own litigation, he having as much right as that of a layman [Danforth v. Egan, 19 N.W. 1021 (1909). When a person conducts his litigation in person, he is not engaged in the practice of law [Agpalo (2004)} A |uridical person may also appear through its rnon-lawyer agents or officers in the municipal trial court, GAL ETHICS PAGE 9 OF 85 LEGAL AND JUDICIAL ETHICS Sec. 34, Rule 138, RoC does not distinguish ‘between civil and criminal cases. However, in criminal cases, the rule is qualified: () Under Sec. 1(c), Rule TI5, RoC, the accused may defend himself in person “when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.” Under Sec. 7, Rule 116, RoC, in determining whether a counsel de offcio should be appointed, or, for that matter, whether a counsel de parte should be required (conversely, whether the accused should be allowed to defend himself in person), the gravity of the offense and the difficulty of the questions that may arise should be considered, 2) White the right to be represented by counsel is. immutable, the option to secure the services of counsel de parte is not absolute. The court may restrict the accused's option to retain a counsel de parte (1) He insists on an attomey he cannot afford; (2) He chose a person not a member of the bar; (8) The attorney declines for a valid reason (e.g,, conflict of interest) [People v. Serzo, G.R. No. 118435 (1997) C.6. AGENT OR FRIEND The agent or friend is not engaged in the practice of law, since there is no habituality in the activity and no attorney-client relationship exists. Pursuant to Sec. 34, Rule 138, RoC, he is only permitted to appear in the municipal trial court In criminal cases, i localities where members of the bar are not available, the court may appoint any person (i.e., non-tawyer), who is a resident of the province and of good repute for probity and ability to defend the accused, in lieu of a counsel de ofcio (Sec. 7, Rule N16, RoC]. in relation to Sec. 34, Rule 138, this is only aliowed in the municipal tial courtUP Law 80C D. SANCTIONS FOR PRACTICE OR APPEARANCE WITHOUT AUTHORITY D.1. LAWYERS WITHOUT AUTHORITY Under Sec. 27, Rule 138, RoC, corruptly or willfully appearing as an attorney for a party ta.acase without authority to do sois a ground for disbarrvent or suspension. D.2, PERSONS NOT LAWYERS For 80TH persons not lawyers and lawyers who appear without authority, the following may be availed of () Petition for injunction; (2) Dectaratory retiet; (2) Contempt of courts (4) Disqualification disbarment; and complaints for (5) Administrative complaint against the erring lawyer or government official; (6) Criminal complaint for estafa against the person who falsely represented himself as a lawyer to the damage of another. E, PUBLIC OFFICIALS AND PRACTICE OF LAW E.1, PROHIBITION OR DISQUALIFICATION ‘OF FORMER GOVERNMENT ATTORNEYS Under Sec. (b), RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), public officials and employees during their incumibency shall not: () Own, control, manage or accept employment ‘as officer employee, consultant, counsel, broker, agent, trustee or nominee / in any private enterprise regulated, supervised or licensed by their office / unless expressty allowed by law; (2) Engage in the private practice of their profession unless authorized by the Constitution or lav, provided that such practice will not conflict or tend to cantlict with their official Iunctions; (3) Recommend any person to any position in a private enterprise which has a regular or WOF 8S LEGAL AND JUDICIAL ETHICS pending official transaction with their office. These prohibitions shalt continue to apply for a period of 1 year after resignation, retiremem (separation from public office, except in case of the second, ‘The 1 year prohibition also applies to practice of profession in connection with any matter before the office he used to be with E.2. PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW OR WITH RESTRICTIONS £.2.A. Absolute prohibition (1) Judges and other officials or employees of superior courts as [Sec. 35, Rule 148, RoC: (2) Officials and employees of the Office of the Solicitor General (Sec, 35, Rule 148, RoC (3) Government prosecutors {Lin-Santiago v. Saguicio, A.C. 6705 (2008); (4) President, vice-president, cabinet. members, their deputies and assistants [Sec. 15, Art, Vil, 1987 Constitution]; (5) Chairmen and mernbers of constitutional commissions [Sec. 2, Art. IX-A, 1987 Constitution}; (6) Ombudsman and his deputies [par. 2, Sec. 8 (2), Art. X, 1987 Constitution]; (7) All governors, city and municipal mayors [Sec. 90(a), RA 7160}; (8) Civil service officers or employees whose duties require them to devote their entire time at the disposal of the government (Catu v Rellosa, A.C. 5738 (2008)]; (9) Those who, by special law, are prohibited from engaging in the practice oftheir legal profession. E.2.B. Relative prohibition (No senator or member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi Judicial and other administrative bodies {Sec. 14, Art. VI, 1987 Constitution)