Republic of the Philippines

National Police Commission

PHILIPPINE NATIONAL POLICE
NATIONAL CAPITAL REGION POLICE OFFICE
QUEZON CITY POLICE DISTRICT
Camp Gen. Tomas Karingal, Sikatuna Village, Quezon City
MEMORANDUM
TO

Atty. (PO3) Manny Gragasin

FROM

Acting District Director

SUBJECT

Proposed Establishment of Legal Assistance

Organization for QCPD Uniformed Personnel

DATE

_______________________

1. References:
a. Legal Opinion of the District Legal Officer dated November 19, 2014
b. Memorandum from Atty. (PO3) Manny V Gragasin dated November 14,
2014 with subject Proposal to establish a Legal Assistance Organization
for QCPD Uniformed Personnel
2. This pertains to your proposal to establish a Legal Assistance Organization (LAO) of all
QCPD uniformed personnel for purposes of legal representation in their pending
criminal, civil or administrative cases before courts or quasi-judicial bodies.
3. The proposed LAO on which you are the proponent and the would be members of
which require a monthly contribution of P200.00 by way of salary deductions and will
function just like a law office to cater the legal needs and concerns of its members
may seem to be an unlawful solicitation of clients and unlawful practice of law. In
setting up the organization where your services would be paid by the monthly
contributions is an engagement in unlawful solicitation of cases in violation of Rule 2.03
of the Code of Professional Responsibility which states A lawyer shall not do or
permit to be done any act designed primarily to solicit legal business.
4. Since the said organization is not yet in existence, an impropriety may arise when the
business of the LAO is of such a nature or is conducted in such a manner as to be
inconsistent with the lawyers duties as a member of the bar. Please be reminded an
inconsistency arises when the business is one that can readily lend itself to the
procurement of professional employment for the lawyer; or that can be used as a cloak
for indirect solicitation on the lawyers behalf; or is of a nature that, if handled by a
lawyer, would be regarded as the practice of law.1
5. Further, since the proposed organization is composed of police officers which almost all
are not members of the bar and the officers of which are not lawyers, it would be as if
you will be allowing non-bar members of the organization to practice law since it only
offers legal services to the members which is proscribed in Rule 9.01 A lawyer shall
not delegate to any unqualified person the performance of any task which by law
may only be performed by a member of the Bar in good standing.
6. While your intentions are laudable, such services being proposed are currently offered
and given by the PNP Legal Service through its Legal Service Flagship Projects and
foremost of which is the Project KATARUNGAN, PNP Legal Aid Clinic, and
1 Manuel G. Villatuya vs. Atty. Bede Tabalingcos, A.C. 6622, July 10, 2012

PANYERONG PULIS @ UR SERVICE: Alert 24/7. These projects necessitate the the
appearance of Police Lawyers in any proceedings to represent members of the PNP
charged before any judicial, quasi-judicial and administrative bodies after the National
Assistance Board (NLAB) deliberated on applications for legal assistance of every PNP
member charged with an offense which is service or duty related. Corollary to this, the
established Legal Aid Clinics and Project 24/7 Alert in every Police Regional Offices
conducts legal lectures and consultations pertaining to service connected administrative
and criminal cases.
7. Lastly, the practice of legal profession of every government employee is in
contravention of Memorandum Circular No. 17 of the Executive Department, which only
allows government employees to engage directly in the private practice of their
profession, provided there is a written permission from the Department head. It
provides: 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, which provides: Sec. 12. No officer or
employee shall engage directly in any private business, vocation, or profession, XXX
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 other officer or employee2
8. In view of the above and until you secure your written authority from the Chief, PNP,
your proposal must be rejected for it will not only violate the Code of Professional
Responsibility for Lawyers but would also be in transgression of existing Rules and
Regulations of the Civil Service and the Executive Department.
9. Be guided accordingly.

JOEL DULDULAO PAGDILAO

Police Senior Superintednent

2 Felipe Abella vs. Atty. Asteria E Cruzabra, A.C. No. 5688, June 4, 2009.