SC: LGU lawyers cannot represent local execs

In a recent ruling, the SC Second Division reprimanded Richard Enojo, legal officer of Negros Oriental for conflict of interest and violation of the Code of Professional Responsibility when he appeared as counsel for the late governor Roel Degamo in the criminal and administrative cases filed against him before the ombudsman in 2013.
Philstar.com / Erwin Cagadas, file

MANILA, Philippines —  Legal officers of local government units cannot represent LGU officials in cases filed before the Office of the Ombudsman, according to the Supreme Court (SC).

In a recent ruling, the SC Second Division reprimanded Richard Enojo, legal officer of Negros Oriental for conflict of interest and violation of the Code of Professional Responsibility when he appeared as counsel for the late governor Roel Degamo in the criminal and administrative cases filed against him before the ombudsman in 2013.

Enojo also represented Degamo when the case reached the Sandiganbayan as well as in the administrative cases that reached the Court of Appeals and SC.

The high court cited Section 7(b) (2) of Republic Act 6173, which states that public officials and employees are prohibited from engaging in the private practice of their profession unless authorized by the Constitution or law.

The high court said there is no proof that Enojo was authorized to practice law outside of his duties as provincial legal officer.

The SC did not give weight to Enojo’s argument that he was only performing his official duties, citing its earlier ruling on conflict of interest when a government lawyer represents another public official before the ombudsman.  

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