Repub ofthe Philipines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT. DILG-NAPOLCOM Cent, DEA corner Guezon Aven, Wet Tango, Quezon Cy iti gow SILG OPINION NO. 10g apie MAYOR ANTONIO P. YAPHA, JR. MD 07 FEB 2018 Acting City Mayor Gity of Toledo, Cebu Dear Hon. Yapha, Jr.: This has reference to your letter dated 11 October 2017 to this Department requesting to allow you to practice your profession. You mentioned in your letter that you are a practicing surgeon/physician for more than 50 years now and you are asking the Department's permission to continue the practice your profession, like performing surgeries without any monetary compensation. You also added that due to exigency, your expertise and skills as a surgeon and offering your services free to the people would be beneficial since health is one of the most important basic services in our society. You also posited that you are just an “Acting Mayor” and elected as the City Vice Mayor. ‘This Department commends you for offering free services to your constituents in the City of Toledo. We also see your noble intention towards your people. However, as much as this Department would like to grant your request, it cannot also do away with its duty to implement faithfully the provisions of the Local Government Code of 1991 (LGC), in your case, the herein Section: SECTION 90. Practice of Profession. - (a) All governors, city and municipe) mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as Jocal chief executives. (©) Doctors of medicine may practice thetr profession even during official hours of work only on occasions of emergency: Provided, That the officials concerned do not derive monetary compensation therefrom, From the aforequoted provision of the LGC, being an Acting Mayor you are prohibited from practicing your profession or engage in any other occupation during your incumbency and this prohibition is absolute, The rationale is that being a mayor or even an acting mayor is a full time job. To allow the mayor to practice a profession or engage in other occupationmay give rise to a conflict of interest since he/she may be tempted to devote more time to the practice of his/her profession or occupation than to the discharge of the duties of his/her office. ‘Moreover, this is also to ensure that Mayors should extend their undivided attention and thus devote their full time only in discharging their duties and functions being the highest official of the Local Government Unit (LGU). ‘The only exception to this provision is the Doctors of Medicine like you, where you are allowed to practice your profession only on occasions of emergency. Emergency is commonly defined as a serious, unexpected, and often dangerous situation requiring immediate action; A person with a medical condition requiring immediate treatment.’ Hence, only in times of emergency you are allowed to practice your profession, It should be made clear that not al) operations is an emergency situation, Based on the above- cited definition, it is this Department's view that only which needs immediate treatment and only those which can cause the life of @ patient if he/she will not undergo treatment/operation immediately is what constitutes emergency. On the issue that you are just an Acting Mayor, the Supreme Court in the case of Gamboa vs. Aguitce? said that: “Being the Acting Governor, the Vice-Governor cannot continue to simultaneously exercise the duties of the latter office, since the nature of 1e_duties of the provincial Governor call for a full-time occupant ro discharge them.” ‘The provision cited-above is equally applicable to the Acting Mayors. Hence, (tom your time of assumption as Acting Mayor, you are prohibited also to practice your profession. ‘We hope that we have enlightened you on the matter, Very truly yours, BY AUTHO! )F THE SECRETARY: AUSTERE A. PANADERO Undersecretary pole peace i Presidential Management Staff a oe aera