"Supreme Court Rules Against LGU Legal Officers Representing Officials Before Ombudsman: Conflict of Interest Highlighted"

The Supreme Court of the Philippines, in its Second Division, issued a ruling emphasizing the prohibition against legal officers of local government units (LGUs) from representing public officials of the same LGUs in cases before the Ombudsman. The case is docketed and entitled as A.C.  No. 13219, In re: G.R. Nos. 226935, 228238, and 228325 v. Atty. Richard R. Enojo, March 27, 2023.

This decision, penned by Associate Justice Antonio T. Kho, Jr., stemmed from a case where a provincial legal officer faced reprimand for engaging in unauthorized practice of law. 

The Court's decision was grounded in Republic Act No. 6713, specifically Section 7(b)(2), which prohibits public officials and employees from participating in the private practice of their profession unless permitted by law, provided it does not conflict with their official functions. 

The case involved the provincial legal officer representing Gov. Degamo in both criminal and administrative cases before the Ombudsman. Despite arguments that such representation fell within the scope of official duties, the Court deemed it unauthorized practice of law.

The ruling highlighted the paramount importance of avoiding conflicts of interest in such representations. 

 The lawyer's assertion lacked evidence of authority to practice law outside of his duties as a provincial legal officer. The Court underscored its previous ruling in the 2016 case of Fajardo v. Atty. Alvarez, which established the inherent conflict of interest when a government lawyer represents another public official before the Ombudsman. 

In summary, the Supreme Court's decision serves as a reminder of the ethical standards governing the conduct of public officials and emphasizes the need to avoid conflicts of interest, particularly in legal representations involving government officials before the Ombudsman.

To see the FULL TEXT of the Decision (A.C.  No. 13219, In re: G.R. Nos. 226935, 228238, and 228325 v. Atty. Richard R. Enojo (March 27, 2023), at: https://sc.judiciary.gov.ph/13219-in-re-g-r-nos-226935-228238-and-228325-vs-atty-richard-r-enojo/ 

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