Legal Lens

The Supreme Court says 𝐍𝐎 in the case of Catu vs. Rellosa, AC No. 5738, Feb. 19, 2008. It discussed that while Sec. 90 bars Local Chief Executives (LCEs) like mayors and governors from practicing their profession, no such ban exists for the Punong Barangay and Sangguniang Barangay members.

By their exclusion from the prohibition, the presumption is that they may practice their profession, subject to conditions:

1. It must not conflict with official duties;

2. They must not appear as counsel against the government or any LGU; and

3. Under Civil Service rules, they must secure prior written authority before engaging in private practice.

In DILG Legal Opinion No. 21, series of 2017,  the Department further clarified that PBs and SB Members must secure a prior written permission with the Secretary of the Interior and Local Government (SILG) before they can practice their profession. 

𝘕𝘰𝘵𝘦: Since SK officials are also barangay officials, this ruling applies to them as well, absent any prohibition under current laws and regulations.

Read the full text of the case here: https://tinyurl.com/CatuvsRellosa

Read the full text of the DILG LO here: https://tinyurl.com/LO21s2017