Republic of the Philippines

Department of Education
REGION VIII
SCHOOLS DIVISION OF LEYTE
REQUEST LETTER TO ENGAGE IN THE
LIMITED PRACTICE OF THE LEGAL PROFESSION

24 July 2022

MANUEL P. ALBAÑO, Ph.D., CESO V

Schools Division Superintendent
Division of Leyte
Government Center, Candahug, Palo, Leyte

Dear Sir;

I am writing to respectfully request from your good office a WRITTEN

AUTHORITY TO ENGAGE IN THE LIMITED PRACTICE OF THE
LEGAL PROFESSION, specifically to act in the following capacity:

1) as Notary Public, for and in the Province of Leyte;

2) as Private Counsel, to appear before any court of law, tribunal,
administrative and/or quasi-judicial body; and,
3) teach law subjects in the tertiary level.

I am a member of the Philippine Bar and was admitted to the practice

of law in the Philippines on May 20, 2022. I am a regular-permanent
teacher assigned in San Agustin Elementary School, Jaro III District,
Jaro, Leyte and has recently been detailed in the Division Office
Legal Unit.

I would like to practice the legal profession, subject to the limitations

provided for by law, outside of regular office hours and/or utilizing
authorized leave credits, and provided such neither contravenes nor
interferes with my duties and responsibilities as a public servant.

Abovementioned request for written authority has legal basis under

the following laws and rules:

1) Sec. 12, Rule XVIII of the Revised Civil Service Rules provides
that:
 “Sec. 12. No officer or employee shall engage directly in any
private business, vocation, or profession or be connected with
any commercial, credit, agricultural or industrial undertaking
without a written permission from the head of
Department: Provided, That this prohibition will be absolute in
the case of those officers and employees whose duties and
responsibilities require that their entire time be at the disposal
of the Government: Provided, further, that if an employee is
granted permission to engage, in outside activities, the time so
devoted outside of office hours should be fixed by the chief of
the agency to the end that it will not impair in any way the
efficiency of the officer or employee: And provided, finally, that
no permission is necessary in the case of investments, made
by an officer or employee, which do not involve any real or
apparent conflict between his private interests and public
duties, or in any way influence him in the discharge of his
duties, and he shall not take part in the management of the
enterprise or become an officer or member of the board of
directors.
(Emphasis provided)

2) Sec. 7 (b) of R.A. 6713 (Code of Conduct and Ethical

Standards for Public Officials and Employees), further reiterates
this by providing that public officials and employees during their
incumbency shall not:

“(b) Engage in the private practice of their profession unless

authorized by the Constitution or law, provided, that such
practice will not conflict or tend to conflict with their
official functions;”
(Emphasis provided)

3) Memorandum Circular No. 17, series of 1986 of the Executive

Department, which allows government employees to engage
directly in the private practice provided there is a written
permission from the department head. Said memorandum
provides that:

“The authority to grant permission to any official or

employee shall be granted by the head of the ministry or
agency in accordance with Section 12, Rule XVIII of the
Revised Civil Service Rules,” 
(Emphasis provided)

It should also be noted that undersigned is not among those

prohibited to engage in the limited practice of law. Based on law and
jurisprudence, the following are the public officials prohibited from
engaging in the private practice of law:

1. Judges and other officials as employees of the Supreme

Court (Rule 148, Sec. 35, RRC);
2. Officials and employees of the OSG (Ibid.);
3. Government prosecutors (People v. Villanueva, 14 SCRA 109);
4. President, Vice-President, members of the cabinet, their
deputies and assistants (Art. VIII Sec. 15, 1987 Constitution);
5. Members of the Constitutional Commissions (Art IX-A, Sec. 2,
1987 Constitution);
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Constitution);
7. All governors, city and municipal mayors (R.A. No. 7160, Sec.
90);
8. Those prohibited by special law.

The undersigned would like to sincerely serve as a public servant and

also engage in the practice of the legal profession in her private
capacity. There being no legal impediment, and with the
abovementioned laws and rules regulating and authorizing such
concurrent practice, it is most respectfully prayed unto this Honorable
Office that the undersigned be issued a WRITTEN AUTHORITY TO
ENGAGE IN THE LIMITED PRACTICE OF THE LEGAL
PROFESSION.

May this request merit your approval. Thank you and more power!

Sincerely yours,

ATTY. MAY JOY T. TORREFIEL

Roll No. 80789