ii. Sanggunian Members (RA 7160, Sec. 90(b))

Sanggunian Members (RA 7160, Sec. 90(b))

Concept

Membership in the sanggunian does not, by itself, prohibit professional practice. Section 90(b) of the Local Government Code allows sanggunian members to practice their professions, engage in any occupation, or teach in schools, except during session hours. A member who is also a lawyer, however, must observe the additional restrictions on appearances, fees, and the use of government resources. (Sec. 90, Rep. Act No. 7160)¹

Governing provisions

Section 90(b) supplies both the general permission applicable to sanggunian members and the particular prohibitions applicable to those who are members of the Bar. The permission to continue professional practice should therefore be read together with, not apart from, the restrictions that follow it in the same subsection. (Sec. 90, Rep. Act No. 7160)¹

Requisites / Rules

• A sanggunian member may practice a profession, engage in an occupation, or teach in a school, but not during session hours. This time restriction applies to the activities permitted by Section 90(b), including professional practice. (Sec. 90, Rep. Act No. 7160)¹
• A sanggunian member who is a lawyer must not appear as counsel before any court in a civil case if the adverse party is a local government unit or any government office, agency, or instrumentality. The restriction is stated in terms of the identity of the adverse party. (Sec. 90, Rep. Act No. 7160)¹
• Such a member must not appear as counsel in a criminal case if an officer or employee of the national or local government is accused of an offense committed in relation to office. The stated restriction requires attention both to the accused person’s government position and to the alleged offense’s relation to office. (Sec. 90, Rep. Act No. 7160)¹
• Such a member must not collect a fee for an appearance in administrative proceedings involving the local government unit of which the member is an official. The provision addresses collection of the fee for that appearance. (Sec. 90, Rep. Act No. 7160)¹
• Such a member must not use government property or personnel, except when defending the interest of the government. The exception belongs to this restriction on resource use. (Sec. 90, Rep. Act No. 7160)¹

Distinctions

Do not apply the rule for local chief executives to sanggunian members. Section 90(a) prohibits governors and city and municipal mayors from practicing their professions or engaging in another occupation beyond their functions as local chief executives. Section 90(b), in contrast, permits sanggunian members to pursue the stated activities outside session hours, subject to its specific limits for lawyers. (Sec. 90, Rep. Act No. 7160)¹

Key doctrines

For a lawyer-sanggunian member, the statutory inquiry depends on the activity involved. For a court appearance, distinguish the civil-case rule, which identifies the adverse government party, from the criminal-case rule, which identifies the government officer or employee accused of an offense related to office. For an administrative appearance, check whether the proceeding involves the member’s own local government unit and whether a fee is collected. (Sec. 90, Rep. Act No. 7160)¹

Exceptions

Section 90(b) expressly allows the use of government property and personnel when the sanggunian member is defending the interest of the government. It does not state that this exception removes the separate restrictions on appearances as counsel or the collection of fees. (Sec. 90, Rep. Act No. 7160)¹

Bar tip

Start with session hours, then classify the lawyer’s act: civil or criminal court appearance, administrative-appearance fee, or use of government resources. Apply the matching restriction rather than treating sanggunian membership as an absolute ban on practice. (Sec. 90, Rep. Act No. 7160)¹