November 5, 2020

HON. MINISTER ABDULRAOF A. MACACUA

Ministry of Environment, Natural Resources and Energy
BARMM Compound, Cotabato City

Dear Minister Macacua:

Assalamu alaikum warahmatullahi wabarakatuhu.

The undersigned is a member of the Philippine Bar, admitted as such on June

20, 20. I was then fortunate eto be employed by your esteemed office for the
position of Attorney IV last November 3, 2020.

I am writing before you to most respectfully request permission to allow me to

engage in private practice of legal profession while in the government service.

With such intention, worthy of note is the case of Cayetano v. Monsod, G.R. No.
1001133, September 3, 1991, where the Court held that “practice of law means
any activity in or out of court, which requires application of law, legal procedure,
knowledge, training and experience. To engage in the practice of law is to
perform acts which are usually performed by members of the legal profession.
Generally, practice of law is to render any kind of service which requires the use
of legal knowledge and skill”.

Meanwhile, Section 7 (b)(2) of R.A. 6713 (Code of Conduct and Ethical

Standards for Public Officials and Employees) provides:

Section 7. Prohibited Acts and Transactions – In addition to acts and

omissions of public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and employee and are hereby
declared to be unlawful:

(b) Outside employment and other activities related thereto – 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;

Notwithstanding such prohibition, Section 136 of 2017 Omnibus Rules on

Appointments and Other Human Resource Actions provides exceptions, to read:

Section 136. No officer or employee, whether in permanent or regular

capacity, temporary, casual, or hold-over, shall engage directly or
indirectly in any private business or practice of profession. Exemptions
may be allowed, subject to the limitations provided under R.A. No. 6713
and other special laws. Provided further, that the following requirements
and conditions are met:

a. Written permission from head of agency must be secured and

renewed annually;
 b. Time devoted outside of office hours shall not impair or tend to
conflict with the efficiency of the officer or employee nor pose a
conflict or tend to conflict with the official functions and must be
fixed by the head of the agency; and
c. Government facilities, equipment and supplies shall not be used
while engaged in private business or practice of profession.

In view of the above exception, the undersigned humbly prays to grant my

request.

Looking forward to your favorable action on the matter.

Thank you and Wasalaam.

Sincerely yours,

ATTY. NASIFF BRIAN O. MEDITAR, RN