THE Supreme Court ruled that the lawyer of the late Negros Oriental governor Roel Degamo must be reprimanded for his act of representing the official resulting in conflict of interest.
Degamo was assassinated on March 4, 2023.
In 2013, a Negros Oriental legal officer acted as Degamo's counsel in the criminal and administrative cases filed against him before the Ombudsman.
The prosecution questioned his role, arguing that it is not among his duties to represent the province's public officials charged with criminal cases.
Following an investigation, the Integrated Bar of the Philippines (IBP) recommended the dismissal of the complaint against the lawyer for lack of merit, noting "there is no law that positively prohibits respondent from handling the case of his governor."
The Supreme Court, however, overturned the IBP's recommendations, saying the lawyer has engaged in unauthorized practice of law under the Code of Conduct and Ethical Standards for Public Officials and Employees, 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, provided that such practice will not conflict or tend to conflict with their official functions.
The Court added that there is no proof that the lawyer possessed authority to practice law outside of his duties as provincial legal officer. Thus, his act of representing Degamo in the criminal and administrative cases against the late governor constitutes an unauthorized practice of law.
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