Re: Request for Authority to Practice Profession

Section 7 Paragraph b(2) of the Republic Act 6713 otherwise known as the Code of Conduct and
Ethical Standards of Public Officials and Employees allows government officials to engage in
private practice of profession provided they are authorized by Constitution or By Law, to wit:

“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:

xxx

“(b) Outside employment and other activities related thereto. - Public

officials and employees during their incumbency shall not:
“(1) Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless expressly
allowed by law;
“(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;

Memorandum Circular No. 17 dated September 4 1986 of the Office of the President states that
authority to engage in private practice shall be granted by head of agency:

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 or be connected with any commercial,
credit, agricultural, or industrial undertaking without a written permission
from the head of Department; Provided, That his 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.

Corollarily, Section 18, Rule XIII of the Revised Omnibus Rules on Appointments and
Other Personnel Actions states that:

“Sec. 18. Unless otherwise provided by law, no officer or employee shall

engage directly or indirectly in any private business or profession without a
written permission from the head of agency. 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 devoted outside of office
hours should be fixed by the head of the agency so that it will not impair in
any way the efficiency of the officer or employee nor pose a conflict or tend
to conflict with the official functions.

Thus, unless an employee obtains the necessary permission from the proper authority,
not the CSC but oftentimes the agency head, outside employment or interest in another
entity, public or private, is legally restricted.