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REQUEST LETTER TO ENGAGE

IN THE LIMITED PRACTICE OF THE LEGAL PROFESSION

(date)

HON. ___________________
Secretary
Department of Education
DepEd Complex, Meralco Ave.,
Pasig City, Philippines

Dear Secretary ______:

Greetings!

I, the undersigned, would like to respectfully request from your kind 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 City of _____;


2) as Private Counsel, to appear before any court of law, tribunal,
administrative and/or quasi-judicial body.

I am a member of the Philippine Bar and was admitted to the practice of law in the
Philippines on ____________.

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 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

The undersigned would like to sincerely serve as a public servant and also practice
the other abovementioned areas of the legal profession in his private capacity.
There being no legal impediment, and with abovementioned laws and rules
regulating and authorizing such concurrent practice, it is respectfully prayed that
the good office of the Honorable Secretary kindly grant and issue the requested
Written Authority.
I sincerely hope for your favorable response.

Very truly yours,

PEDRO A. SANTOS, JR.

Copy furnished:

ATTY. ______________
Assistant Secretary
Legal Affairs

ATTY. _____________________
Chief Administrative Officer
OIC-Director IV
Legal Service

MR. _____________________
Chief Administrative Officer
Bureau of Human Resources and
Organizational Development