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Held:
No. The SC modified the findings of the IBP. Rule 6.03 of the Code of
Professional Responsibility applies only to former government lawyers, not to the
respondent who was incumbent punong barangay. Section 7(b)(2) is not the proper law
in imposing the penalty to the respondent, as he was an elective local government
official. The proper law is Section 90 of R.A. 7160 on the practice of profession bt
elective officials. However, even this law does not enumerate barangay elective
officials. Thus, they are not forbidden to practice his profession on the principle of
expression unius est exclusion alterius.
As it may, Section 12, Rule XVIII of the Revised Civil Service Rules provides that
a lawyer or any employee of the government who is not prohibited to practice his
profession must secure prior authority from the head of his department, who in this
case, the Secretary of DILG.
For the respondents failure to seek prior written permission, he engaged in an
unauthorized practice of law and violated the Civil Service Rules. These transgressions
resulted to a breach of Rule 1.01 of the Code of Professional Responsibility which
states that, a lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct and Canon 7 which states that, a lawyer shall at all times uphold the dignity of
the legal profession and support the activities of the Integrated Bar.
Respondent is found guilty of professional misconduct for violating Canons 1 and
7 and Rule 1.01 of the Code of Professional Responsibility. He was suspended from the
practice of law for six months with a stern warning that a repetition of a similar act will
be dealt with more severely.
He was also ordered to look up and take to heart the meaning of the world
delicadeza.