Rules of Court, Rule 138, secs.

33 & 34

Section 33. Standing in court of person authorized to appear for Government. — Any official or other
person appointed or designated in accordance with law to appear for the Government of the Philippines
shall have all the rights of a duly authorized member of the bar to appear in any case in which said
government has an interest direct or indirect.

Section 34. By whom litigation conducted. — In the court of a justice of the peace a party may conduct
his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the
aid an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney,
and his appearance must be either personal or by a duly authorized member of the bar.

Act No. 2259 (Cadastral Act), sec. 9

Sec. 9. Any person claiming any interest in any part of the lands, whether named in the notice or not,
shall appear before the Court by himself, or by some person in his behalf and shall file an answer on or
before the return day or within such further time as may be allowed by the Court. The answer shall be
signed and sworn to by the claimant or by some person in his behalf, and shall state whether the
claimant is married or unmarried, and, if married, the name of the husband or wife and the date of the
marriage, and shall also contain:

(a) The age of the claimant.

(b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the case by the
Director of Lands, or the block and lot numbers, as the case may be.

(c) The name of the barrio and municipality, township, or settlement in which the lots are situated.

(d) The names of the owners of the adjoining lots as far as known to the claimant.

(e) If the claimant is in possession of the lots claimed and can show no express grant of the land by the
Government to him or to his predecessors in interest, the answer shall state the length of time he has
held such possession and the manner in which it has been acquired, and shall also state the length of
time, as far as known, during which his predecessors, if any, held possession.

(f) If the claimant is not in possession or occupation of the lands, the answer shall fully set forth the
interest claimed by him and the time and manner of its acquisition.

(g) If the lots have been assessed for taxation, their last assessed value.

(h) The encumbrance, if any, affecting the lots and the names of the adverse claimants as far as known.
Labor Code Art. 222

Art. 222. Appearances and Fees.

a. Non-lawyers may appear before the Commission or any Labor Arbiter only:

1. If they represent themselves; or

2. If they represent their organization or members thereof.

b. No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective
bargaining agreement shall be imposed on any individual member of the contracting union:
Provided, However, that attorney’s fees may be charged against union funds in an amount to be
agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary
shall be null and void. (As amended by Presidential Decree No. 1691, May 1, 1980)

DARAB Rule VIII Sec. 1

Appearances

SECTION 1. Appearance. — A lawyer appearing for a party is presumed to be properly authorized

for that purpose. A non-lawyer may appear before the Board or any of its Adjudicators, if:

a. He represents himself as a party to the case;

b. He represents a farmers' organization or its members, provided that he shall present proof of
authority from the organization or its members or such authority duly signed by the President or head of
the organization;

c. He is a law student who has successfully completed his third year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program
approved by the Supreme Court. His appearance pursuant to this rule shall be under the direct
supervision and control of a member of the Integrated Bar of the Philippines duly-accredited by the law
school. Any and all pleadings, motions, memoranda or other papers to be filed must be signed by the
supervising attorney for and in behalf of the legal aid clinic.

d. He is a DAR Legal Officer duly authorized by the appropriate Head of Office in accordance with
the internal regulations of the Department of Agrarian Reform. For this purpose, the DAR Legal Officer
must have the prescribed authorization form before he may be allowed to appear before the Board or
any of its Adjudicators, Provided, that when there are two or more representatives for any individual or
group, such individual or group should choose only one representative.

RA 7160 – LGC, Sec. 415

Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties
must appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.
A.M. No. 08-8-7-SC, sec. 17

Section 17. Appearance of Attorneys Not Allowed. - No attorney shall appear in behalf of or represent a
party at the hearing, unless the attorney is the plaintiff or defendant.

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW

Constitution, Art. VIII, sec. 13

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy
thereof attached to the record of the case and served upon the parties. Any Member who took no part,
or dissented, or abstained from a decision or resolution, must state the reason therefor. The same
requirements shall be observed by all lower collegiate courts.

Constitution, Art. IX(A), sec. 2

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or
control of any business which, in any way, may be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations or their subsidiaries.

Constitution, Art. XI, sec. 8(2)

SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at
the time of their appointment, at least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have for ten years or more been a judge or
engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for
in Section 2 of Article IX-A of this Constitution.

Rules of Court, Rule 138, sec. 35

Section 35. Certain attorneys not to practice. — No judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or
give professional advice to clients.
RA 7160, sec. 90

Section 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 also 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.

(c) Doctors of medicine may practice their profession even during official hours of work only on
occasions of emergency: Provided, That the officials concerned do not derive monetary
compensation therefrom.

PEOPLE WHO ARE PROHIBITED FROM PRACTICE OF LAW BY SPECIAL LAW

Rules of Court, Rule 138, sec. 35

Section 35. Certain attorneys not to practice. — No judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or
give professional advice to clients.

Rev. Civil Service Rules, Rule XVII, sec. 12

MEMORANDUM CIRCULAR NO. 17

MEMORANDUM CIRCULAR NO. 17 - REVOKING MEMORANDUM CIRCULAR NO. 1025 DATED NOVEMBER
25, 1977

Memorandum Circular No. 1025 dated November 25, 1977 "PROHIBITING ANY GOVERNMENT OFFICIAL
AND EMPLOYEE FROM ACCEPTING PRIVATE EMPLOYMENT IN ANY CAPACITY WITHOUT PRIOR
AUTHORITY OF THE OFFICE OF THE PRESIDENT," is hereby revoked.

The authority to grant permission to any official or employee shall be granted by the head of the
ministry or agency in accordance with Section 12, Rule XVIII of the Revised Civil Service Rules, which
provides:
"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 Department; Provided, That his 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 so devoted outside of office hours should be fixed by the chief of 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 any 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 or member of the board of directors",

Subject to any additional conditions which the head of the office deems necessary in each particular
case in the interest of the service, as expressed in the various issuances of the Civil Service Commission.

Manila, September 4, 1986.