1. Memorandum Circular No. 17, s.

1986 of the Executive Department,

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)

2. 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 the 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, time so devoted
outside of office hours should be fixed by 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 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 of the board of
directors.” (Emphasis provided)

3. Sec. 7 (b) of R.A. 6713 or the 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:

“(2) 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)

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, Rules of Court).
2. Officials and employees of the Office of the Solicitor General (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 Commission (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.