02 A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.
If the law allows a public
official to practice law concurrently, he must not use his public position to feather his law practice. Neither should he accept any private legal business in which his duty to his client will or may conflict with his official duties, and if some unforeseen conflict with his official duties arises he should terminate his professional relationship. A public official should see to it that his private activity does not interfere with the discharge of his official functions. He should avoid all impropriety and the appearance of impropriety. Neither should he inferentially create a public image that he is utilizing his public position to advance his professional success or personal interest at the expense of the public.
RA 6713 (Code of Conduct
and Ethical Standards for Public Official and Employees)
Sec. 7(b). In addition to acts
and omissions of public officials and employees not 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: (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 unauthorized by the Constitution or law, provided that such practice will conflict or tend to conflict with their official functions; or 3.) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. Former official may not accept certain employment Rule 6.03 A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service.
The restriction covers
engagement and employment, which means that he cannot accept any work or employment from anyone that will involve or relate to the matter in which he intervened as a public official, except on behalf of the body or authority which he served during his public employment. PCGG v. Sandiganbayan, 455 SCRA 526 (2005): PCGG seeks to disqualify Atty. Estelito Mendoza as counsel for the Lucio Group of Companies in the suit involving the sequestration of shares of stock of the LGC as alleged ill-gotten wealth, on the ground that as a former Solicitor General, he intervened in the matter of the liquidation of Genbank, which was subsequently purchased by LGC. The Court ruled that Atty. Mendoza could not be disqualified from representing the LGC. The Court explained: The key to unlock Rule 6.03 lies in comprehending. 1. The meaning of matter referred to in the rules. 2. The metes and bounds of the intervention made by the former government lawyer on the matter.
The American Bar
Association, in its Formal Opinion 342, defined matter as: Any discrete, isolatable act as well as identifiable transaction and not merely an act of drafting, enforcing or interpreting government or agency procedures, regulations or laws, or briefing abstract principles of law.
The matter or the act of
Atty. Mendoza as Solicitor General is advising the Central Bank on how to proceed with Genbanks liquidation is held not to be the matter contemplated by the Rule 6.03. Clearly, ABA Formal Opinion 342 stresses that Atty. Mendozas acts did not fall within the scope of the term matter. It is given that respondent Mendoza had nothing to do with the decision of the Central Bank to liquidate Genbank and did not even participate in the sale of Genbank to Allied Bank. The matter which he got himself involved was informing the Central bank on the procedure by law to liquidate Genbank. It is not the same as the subject matter of the civil case of sequestration of stocks owned by Tan in Allied Bank on the alleged
ground that they are illgotten. This case does not
involve liquidation of Genbank. Whether the shares of stock of Allied Bank are illgotten is far removed from the issue of the dissolution and liquidation of GenBank. Intervention is interference that may affect the interest of and influence others. Intervention must not be insubstantial and insignificant. Substantial responsibility is required by the prohibition. In interpreting Rule 6.03, the Court also cast a harsh eye on its use as a litigation tactic to harass opposing counsel aswell as deprive his client of competent legal representation. In the case at bar, the new attempt to disqualify respondent Mendoza has long been a dead issue, resuscitated after the lapse of many years and
only after PCGG has lost
many legal incidents in the hands of the respondent. It is also submitted that the Court should apply Rule 6.03 in all its strictness for it correctly disfavors lawyers who switch sides and intended to avoid conflict of loyalties. It is claimed that switching sides carries the danger that former government employee may compromise confidential official information in the process. The act of respondent Mendoza in informing the Central Bank on the procedure how to liquidate Genbank is a different matter from the subject matter of Civil Case No. 0005 which is about sequestration of the shares of respondents Tan in Allied Bank. There is no switching sides for no two sides are involved.