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BEgIE!

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Republic of the Philippines


Department of the lnterior and Local Govemment
BUREAU OF FIRE PROTECTION
NATIONAL HEADQUARTERS
Agham Road, Sitio San Roque, Brgy. Bagong Pag-asa, Quezon City
Telefax Number: (02) 8426 - 4399
Email: ofc@bh.gov.ph

I7 DECEMBER 2O2O
DATE
BFP MEMORANDUM CIRCULAR
NUUBER 2020-049

SUBJECT: GUIDELINES ON THE LIMITED PRACTICE OF PROFESSION


FOR PERSONNEL OF THE BUREAU OF FIRE PROTECTION

RULE 1
PROVTSTONS

Section 1: Scope

This Rules shall apply to all BFP Personnel who will practice their profession within
or outside BFP service other than their official function and responsibility in the agency.

Section 2: Authority

2.1 Civil Service Commission (CSC) Memorandum Circular (MC) No. 15, s. 1999,
(Additional Provisions and Amendments to CSC MC No. 40, s. 1998);

2.2 Section 12, Rule XVll of the Revised Civil Service Rules;

2.3 Basic Policy on Career and Personnel Development (Rule Vlll, Omnibus Rules
lmplementing Book V of Executive Order No. 292);

2.4 Civil Service Commission Program to lnstitutionalize Meritocracy and


Excellence in Human Resource Management (CSC PRIME-HRM);

2.5 Republic Act No. 2016-14, Guidelines on the Authority to Practice Profession
and Act as Lecturer or Resource Person for Local Government and lnterior Sector
Officials or Employees;

Section 3: Definition of Terms

3.1 Government property - this includes equipment, utilities (internet, electricity


and water), vehicles and supplies of the government;

3.2 Key Positions - this include the BFP National Headquarters Command Group
(Chief, BFP, DCA, DCO, CDS), Directors of Directorates, Chief of Support Services,
Regional Directors and Provincial/District Fire Marshals;

3.3 Monopoly - an exclusive possession or control of the supply of trade in a


commodity or service;

3.4 Practice of Profession - refers to the act of persons (i.e doctors, lawyers,
engineers, nurses, teachers, dentist etc.) engaging in an activity or business, relative to
their being professional practitionersl.
I Resolution no. 2012{68, series of20l2, section l, PRC t aw, Philippincs Page 116
RESIR!cIED
REST RICTED

For the purpose of this policy, the practice of profession stipulated herewith shall be
limited to the following:

3.4.1 Architects
3.4.1.1 Design and draft blueprints;
3.4.1.2 Review of plans

3.4.2 Dentists
3.4.2.'.| Consultation
3.4.2.2 Operation and surgical procedures

3.4.3 Engineers
3.4.3.1 Design and draft blueprints;
3.4.3.2 Large-scale and complex systems development and
evaluation; and
3.4.3.3 Review and signing of plans

3.4.4 Lawyers
3.4.4.1 Notarial Services
3.4.4.2 Handling Glses only involving themselves or their immediate
family member; and
3.4.4.3 Handling cases for BFP Personnel with cases in line of duty

3.4.5 Doctors
3.4.5.1 Consultation
3.4.5.2 Operation and surgical procedures

3.4.6 Teachers
3.4.6.1 Teaching
3.4.6.2 Resource person

3.5 Profession - an occupation founded upon specialized educational training;

3.6 Resource Person - any person who, by virtue of their expertise in a specific
area, uses lecture as an instructional method in seminars, workshops, conferences,
symposia, training programs and other similar activities2; and

3.7 Special Assignments specific job assignment that is expected to the


- a
temporary and is designated as a special assignment by the agency in its sole discretion.
May be full or part time and may consist of more than one part{ime position in more than
one tenure area.

Section 4: Purpose

4.1 To establish a sound internal control system and procedure for personnel who
would engage in private practice of profession;

4.2 To enhance the professional growth and skills of the BFP personnel that may
be utilized or applied in the interest of the agency.

Section 5: General Rules

5.1 Pursuant to DILG Circular no. 2016-14, no official or employee shall engage in
any profession without a written permission from the Head of Agency/ Commander or
Head of Office or his duly authorized representative pursuant to Delegation of Authority
issued on this matter3;

2
DILC Circular No. 201ffi1, Policy Guidelines on Cranting Hotroraria to t €ctusrs,
Page 216
Resouc€ Perso!, Fscilitators and Documenters oo C8p8city Development Activiti€s...
I DILG CLcutar No. 20lct4 No. l, Guidclines on the Aulhority to Practice Profession...
RESTRICTED
5.2 Officials and personnel are only allowed Authority to Practice their profession
after regular working hours. However, during occasions of emergency requiring them to
leave the office during office hours, subject personnel shall file a Leave of Absence and
secure a Permission to Leave Form from the office (hereto attached as Annex A) duly
approved by the respective head of office or operating units;

5.3 The practice of profession shall not involve in an) the use of government
^,ay supplies, equipment,
time, funds, or properties including but not limited to vehicle,
intemet, electricity and water;

5.4 The practice of profession shall not involve any real or apparent conflict of
interest to inherent public duties and responsibilities;

5.5 ln case of conflicts of schedule, the official duties and responsibilities of the
BFP personnel crncerned shall take precedence over the authority to practice profession
granted;

5.6 The practice of profession shall not impair the personnel's efficiency discharge
of regular functions and that absences incurred in the private practice of profession, if
any, must be covered by duly approved Leave of Absence;

5.7 BFP personnel who is authorized to practice their profession shall abide the
existing rules and regulations pertaining to Professional Tax and other tax laws
applicable.

RULE II
GUIDELINES FOR BFP PERSONNEL TO PRACTICE PROFESSION

Section 6. BFP Personnel Practicing Profession

6.1 BFP Personnel who engages in the private practice of their profession shall
be authorized, provided that such practice will not conflict or tend to conflict with official
functions as personnel of the Bureau;

6.2 BFP officials with the rank of Senior Superintendent (SSUPT) and/or holding
key positions are prohibited from practicing profession. This is due to the duties and
responsibilities requiring their undivided time at the disposal of the Government and the
agency';

6.3 BFP personnel shall be given a written permission to practicE profession


provided that no government time, vehicle, supplies, equipment, funds, properties or other
form of resources shall be utilized in the pursuit of one's profession except when the BFp
personnel concerned is practicing profession under official government function5;

6.4 ln case of heightened alert status or special assignments, no personnel shall


be allowed to practice profession to avoid any real or apparent conflict of interest in so far
as his/her duties and responsibilities to the agency;

6.5 ln case of conflict of schedule, the duties and responsibilities of the official or
personnel concemed in the Bureau of Fire Protection shall take precedence over the
authority to practice granted to him/her;

6.6 BFP Personnel who practice their private profession shall not impair their
efficiency in the discharge of their functions and absences incurred in the private practice
of profession shall be covered by a duly approved leave of absence;

6.7 All BFP Personnel who at the time acquired their eligibility to practice as
Medical officers, Legal officers, dentists, teachers and engineers shall only be authorized
. DILG Circular No. 20t6- t4
. DILG Circular No.
No. 2. Guidelines on thc Aulho.ity to practice profession.. Page 316
20tGt4 No. 6, cuidelines oo the Authority to pradi". p.f"rrior..
RESTRICTED
to practice their profession in private only after two (2) years of providing such service in
the BFP from the time/date of acquisition of license.

6.8 For officials or personnel with the rank of Superintendent (SUPT) and below
who are members of the Bar (lawyers), may be granted an authority to practice their
profession only as Notaries Public, but in no case shall be authorized to appear as
counsel before any court of law or a tribunal, exc€pt to prosecute or defend a case
involving themselves or immediate family members and BFP personnel with cases related
to performance of lawful duty provided that it will not conflict, or tend to conflict, with their
official functions and duties or whose cause of action is against the government and shall
ensure to have an approved Permission to Leave Form;

6.9 Ofiicials and personnel who are members of the medical profession may
practice their profession even during official office hours of work only on occasions of
emergency and during medical missions sanctioned by the agency provided they ensure
to have an approved permission to leave form and shall not derive monetary
compensation therefrom6;

6. 10 No BFPpersonnel or employee shall engage directly in any profession during


official time of work without an approved permission to leave from the Head of Office or
his duly authorized representative;

6.11 ln granting the Permission to Leave, the head of operating uniUoffic€ must
ensure the efficiency and delivery of public service will not be compromisedT.

Section 7. Prohibited Acts and Transactions

71. BFP personnel and official who has the authority to practice profession shall
not, directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office;

7.2 BFP officials and personnel during their incumbency shall not engage in private
practice of their profession during their official time of work unless authorized by
appropriate laws and provided that such practice will not conflict, or tend to conflict, with
their official functionss;

Section 8. Statements and Disclosure

8.'l All BFP personnel granted with authority to practice profession shall disclose
in writing all information, transactions, business or undertaking to the BFP prior to the
actual practice; and

8.2 BFP personnel shall have an obligation to accomplish and submit declarations
under oath of, and the public has the right to know, their assets, liabilities, net worth and
financial and business interests.

RULE IIl
PROCEDURES

Section 9: Compliance Procedure

9.1 For issuance of Authority to Practice, the BFP official or personnel shall
submit the following documents to the Directorate for Personnel to wit:

9.1 .1 Memorandum containing the following:

9.1.1.1 All information, transactions, business or undertaking to the


BFP prior to the actual practice; and

Circular No, 201Gl4 No. 6, Guidclines on the Authority to Practicc Profession...


Page 416
'7 DILG
DILG Circular No. 201614 No. 5, Guidelines on the Authority to Practic€ profession...
I Scltion 7 (bX2) of Republic Act No. 6713,
Code ofconduct and Ethical Standards for
Public Officials and Employees
BEgIE !CTED
9.1.1.2 lntent specifying the willingness and reason of the
personnel to practice profession

9.1 .2 Affidavit of Undertaking (hereto attached as Annex B).

9.2 The submitted set of documents shall be evaluated by the Office of the
Directorate for Personnel for approval;

9.3 The Directorate for Personnel shall endorse the Authority to Practice
Profession to the DILG for approval;

9.4 Once approved, the Authority to Practice Profession shall be valid for twelve
(12) months or one (1) year which, can be renewed three (3) months prior to expiratlon
provided that at the time of renewal, all applicable documents if any (i.e tax retums, leave
credits) must be duly provided; and

9.5 The Directorate for Personnel shall be the Office of Primary Responsibility
(OPR) in the compliance, monitoring and evaluation of all applicants to these standards.

RULE IV
SANCTIONS

Section 10. Non4ompliance to Rules

10.1 Any personnel found to be in violation of the guidelines stipulated herewith


shall be a ground for the BFP thru the Directorate for Personnel, to recommend to the
DILG the revocation of the Authority to Practice Profession within the year of the validity
or within twelve (12) months upon issuance. The BFP personnel can only reapply for the
Authority to Practice Profession after the revocation period has been completed.

10.2 Repeated or habitual violation of the rules prescribed in this Circular shall be
a ground for perpetual revocation of the Authority to Practice Profession.

10.3 Personnel who engage to make or derive monetary compression therefrom


or impair the interest of the agency and government in any way shall be suspended from
practicing their profession unless proven otheruvise.

10.4 Any personnel who failed to submit the required documents, and/or practices
profession without proper authority, despite notification, verbal or written, shall be
proceeded in accordance with the provisions of Section 46 (D.5) Rule 10
(lnsubordination) of the Rules on Administrative Cases in the Civil Service.

RULE V
SEPARABILITY CLAUSE

lf for any reason, any part of this Circular be declared unconstitutional or invalid,
the other parts or provisions hereof not affected shall remain in full force and effect.

RULE VI
REPEALING CLAUSE

All other orders or issuances inconsistent herewith are hereby repealed or


modified accordingly.

Page 516
EEgIB! C IED
RESTRICTED

RULE VII
EFFECTIVlTY

This Circular shall take effect immediately and shall remain in effect unless
revoked or modified accordingly by the undersigned or other competent authority.

JR
(DSC)
Chief, BFP

Dislribution:
Chief, BFP
Dirs
RDs
pOs
All Stalion Levels

Copy Fumished:
Command Group
DILG

jwjr/jmc/desktop/memor-sr uEcircul8r/Authority to practicc professior/2o2o

Page 6f 6
RE STR! CJE D
"Annex A"
BEqIRICIED
Republic of the Philippines
Department of the lnterior and Local Government
BUREAU OF FIRE PROTECTION
NATIONAL HEADOUARTERS
Agham Road, Barangay Bagong Pag-asa, Quezon City
Telefax Number: (02) 426 - 4399
Email: ofcbfp@gmail.com

PERMISSION TO LEAVE
(Form 1)

(1) RANKFULL NAME

(Rank) (Last Name) (First Name) (Middle Name) (Suffix)

(2) DESTGNATTON

(3) OFFTCE/ UNrT ASSTGNMENT

(Station/District) (ProYincial) (Region)

(Section) (Division) (Directorate)

(4) PURPOSE FOR LEAVING:

(5) HOURS/DAYS OF LEAVE:


(6) LOCATTON OF LEAVE:
(7) DEPARTURE T|ME/DATE:
(8) RETURN T|ME/DATE:

Approved/Disapproved by:

lmmediate Supervisor/ Section Chief

Division Chief/ City/Municapal Fire Marshal

Chief, Support Service / District / Provincial Fire Marchal

Director of Directorate/ Regional Director

EEgIR!CfEO
"Annex B"

Republic of the Philippines)


City of )
x X

AFF'IDAVIT OF' UNDERTAKING

I, oflegal age, Filipino, married/ single and


with a postal address at
Philippines, after having been duty swom to law, do hereby
depose and say:

That I am the same person and identical person who caused the execution of this
affidavit;

That I shall engage and practice my profession as a and promise to


ensure the following work scope enumerated herewith:

I
2
J
4
5

That I am the registered owner of business engaged as


with a business name:
and business address:
Bearing Permit No.:_ and Business ID No.:

That I am executing this affidavit to attest to the truth of the foregoing facts and for
whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hands this _ day of


at Philippines.

Affiant

SUBSCRIBED AND SWORN to before me this day ol


at Philippines

Doc. No.
Page No.
Book No.
Series of202

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