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Private Practice of Profession

The document discusses rules regarding public officials engaging in private practice of their profession. It summarizes that under Section 7(b) of the Code of Conduct and Ethical Standards for Public Officials and Employees, public officials during their term cannot engage in private practice unless authorized by law, and this prohibition continues for one year after leaving office if the private practice relates to their former agency. Additionally, Section 18 of the Revised Omnibus Rules on Appointments states that public officials need written permission from their agency head to engage in any private business or profession to avoid conflicts of interest.

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0% found this document useful (0 votes)
171 views1 page

Private Practice of Profession

The document discusses rules regarding public officials engaging in private practice of their profession. It summarizes that under Section 7(b) of the Code of Conduct and Ethical Standards for Public Officials and Employees, public officials during their term cannot engage in private practice unless authorized by law, and this prohibition continues for one year after leaving office if the private practice relates to their former agency. Additionally, Section 18 of the Revised Omnibus Rules on Appointments states that public officials need written permission from their agency head to engage in any private business or profession to avoid conflicts of interest.

Uploaded by

Angel JinHiro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Action Officer 16 replied the topic: Private Practice of Profession

Please be informed that as a matter of policy, the Commission does not render opinions or rulings on
issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the
material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated
as in this case.

Nonetheless, this Office would like to invite your attention to Section 7(b) of Republic Act No. 6713 (Code
of Conduct and Ethical Standards for Public Officials and Employees) which provides, as follows:

“Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now 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:

xxx

“(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 authorized by the Constitution or law,
provided, that such practice will not 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.
“These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or
separation from public office, except in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any matter before the office he used to be
with, in which case the one-year prohibition shall likewise apply.”

Corollarily, Section 18, Rule XIII of the Revised Omnibus Rules on Appointments and Other Personnel
Actions states that:

“Sec. 18. Unless otherwise provided by law, no officer or employee shall engage directly or indirectly in
any private business or profession without a written permission from the head of agency. 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, the time devoted outside of office
hours should be fixed by the head of the agency so that it will not impair in any way the efficiency of the
officer or employee nor pose a conflict or tend to conflict with the official functions.”

Thus, unless you obtain the necessary permission from the proper authority, not the CSC but oftentimes
the agency head, outside employment or interest in another entity, public or private, is legally restricted.

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