A.C. No. 13219 – Legal Ethics – Conflict of Interest – Unauthorized Practice of Law ; Legal officers cannot represent government officials
Since 2011, Atty. Richard Enojo has been the provincial legal officer of Negros Oriental. In 2013, Negros Oriental Gov. Roel Degamo was sued before the Ombudsman for malversation. Atty. Enojo entered his appearance as counsel for Gov. Degamo in those cases. The complainant in those cases opposed Enojo’s appearance and the Ombudsman directed Enojo not to represent Degamo as such representation is beyond his function as a legal officer. Enojo complied but when the cases reached the Court of Appeals, he again entered his appearance as counsel for Degamo. This time, the complainant filed a disbarment case against Enojo for unauthorized practice of law.
Enojo argued that he firmly believes that defending the governor who is being sued in the performance of his duties is part of his duties as a provincial legal officer.
ISSUE: Whether or not Enojo’s argument is tenable.
HELD: No. The following are the powers of a legal officer according to the Local Government Code:
Sec. 481 xxx
(b) The legal officer, the chief legal counsel of the local government unit, shall take charge of the office of legal services and shall:
(1) Formulate measures for the consideration of the sanggunian and provide legal assistance and support to the governor or mayor, as the case may be in carrying out the delivery of basic services and provisions of adequate facilities as provided for under Section 17 of this Code;
(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may be, implement the same, particularly those which have to do with programs and projects related to legal services which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide for under this Code.
(3) In addition to the foregoing duties and functions, the legal officer shall:
(i) Represent the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof in his official capacity, is a party: Provided, That, in actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;
(ii) When required by the governor, mayor or sanggunian, draft ordinances, contracts, bonds, leases and other instruments, involving any interest of the local government unit and provide comments and recommendations on any instruments already drawn;
(iii) Render his opinion in writing on any question of law when requested to do so by the governor, mayor, or sanggunian;
(iv) Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office, and recommend appropriate action to the governor, mayor or sanggunian, as the case may be;
(v) Investigate or cause to be investigated any person, firm or corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege, and recommending appropriate action to the governor, mayor or sanggunian, as the case may be;
(vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute in the interest of the local government unit concerned any civil action on any bond, lease or other contract upon any breach or violation thereof; and
(vii) Review and submit recommendations on ordinances approved and executive orders issued by component units
(4) Recommend measures to the sanggunian and advise the governor or mayor as the case may be on all other matters related to upholding the rule of law;
(5) Be in the frontline of protecting human rights and prosecuting any violations thereof particularly those which occur during and in the aftermath or man-made or natural disasters or calamities; and
(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
Nowhere does it state that a legal officer may represent local government officials.
The functions of a legal officer relate to the official duties of officials of a local government unit, which are considered acts of the local government unit itself—an offshoot of the State agency doctrine which is a core concept in the law of public officers. When public officials are charged with “acts or omissions that appear to be illegal, unjust, improper, or inefficient” which are not official acts of the local government unit then defending such is beyond the ambit of a legal officer’s functions. Thus Enojo’s act of representing Degamo in these cases constitutes unauthorized practice of law for which he should be held administratively liable, and accordingly sanctioned. Nevertheless, the SC took into consideration the honest belief of Enojo that defending Degamo was part of his official functions. After all, there was no clear prohibition against a legal officer acting as counsel for government officials in the same LGU where he or she serves. Enojo was reprimanded and was given a stern warning but the SC made it clear that such is only for the case of Enojo. Future infractions by Enojo or any other legal officers will be dealt with more severely.
