Absolute Prohibition

1) Judges and other officials as employees of the court (Rule 138, Sec 35 of Rules of Court)

2) President, vice president, members of the cabinet, their deputies and assistants (Sec. 15, Art.
VII, 1987 Constitution)

3) Chairmen and members of the Consitutional Commissions (Sec. 2, Art. IX-A, 1987 Consti)

4) Ombusdman and his deputies (Sec. 8 (2), Art. XI, 1987 Consti)

5) Solicitor general and assistant solicitor generals

6) Governors, city and municipal mayors (Sec. 90, RA 7160)

7) Government prosecutors (Pp. v. Villanueva, 14 SCRA 109)

8) Those who, by special law, are prohibited from engaging in the practice of their legal profession

• Section 12, Rule XVIII of the

Revised Civil Service Rules

Sec. 12. No officer or employee shall engage directly in any private business, vocation, or profession or
be connected with any commercial, credit, agricultural, or industrial undertaking without a written
permission from the head of the Department: Provided, That this prohibition will be absolute in the
case of those officers and employees whose duties and responsibilities require that their entire time be
at the disposal of the Government; Provided, further, That if an employee is granted permission to
engage in outside activities, time so devoted outside of office hours should be fixed by the agency to the
end that it will not impair in any way the efficiency of the officer or employee: And provided, finally, that
no permission is necessary in the case of investments, made by an officer or employee, which do not
involve real or apparent conflict between his private interests and public duties, or in any way influence
him in the discharge of his duties, and he shall not take part in the management of the enterprise or
become an officer of the board of directors. (emphasis supplied)

• Relative Prohibition

1) Senators and members of the House of Representatives are prohibited to appear in any court or
tribunal (Sec. 14, Art. VI, 1987 Consti)

2) Members of the Sanggunian (Sec. 91, R.A. 7160)

• Prohibition on Sanggunian members

SEC. 90. Practice of Profession. (a) All governors, city and municipal mayors are prohibited from
practicing their profession or engaging in any occupation other than the exercise of their functions as
local chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools
except during session hours: Provided, That sanggunian members who are members of the Bar shall not:

(1) Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office;

(3) Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the Government except when the sanggunian member
concerned is defending the interest of the Government.

• Special Restrictions

Section 1. When a Justice of the Supreme Court or of the Court of Appeals who has rendered at least
twenty years' service either in the judiciary or in any other branch of the Government, or in both, (a)
retires for having attained the age of seventy years, or (b) resigns by reason of his incapacity to
discharge the duties of his office, he shall receive during the residue of his natural life, in the manner
hereinafter provided, the salary which he was receiving at the time of his retirement or resignation. And
when a Justice of the Supreme Court or of the Court of Appeals has attained the age of fifty-seven years
and has rendered at least twenty-years' service in the Government, ten or more of which have been
continuously rendered as such Justice or as judge of a court of record, he shall be likewise entitled to
retire and receive during the residue of his natural life, in the manner also hereinafter prescribed, the
salary which he was then receiving. It is a condition of the pension provided for herein that no retiring
Justice during the time that he is receiving said pension shall appear as counsel before any court in
any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse
party, or in any criminal case wherein and officer or employee of the Government is accused of an
offense committed in relation to his office, or collect any fee for his appearance in any administrative
proceedings to maintain an interest adverse to the Government, insular, provincial or municipal, or to
any of its legally constituted officers.

• Effects of Unauthorized Practice

1) Party is NOT BOUND by attorney’s appearance or by judgment

2) Court acquires NO JURISDICTION

3) Attorney may be cited for CONTEMPT

 4) Non-lawyer and lawyer CANNOT COLLECT fees

Remedies:

1) Petition for injunction

2) Declaratory relief

3) Contempt of court

4) Disqualification and complaints for disbarment

5) Criminal complaint for estafa against the person who falsely represented to be an attorney