e. Governors and Mayors (RA 7160, Sec. 90(a))

Governors and Mayors (RA 7160, Sec. 90(a))

Concept

A lawyer serving as a provincial governor, city mayor, or municipal mayor may not privately practice law during incumbency. Section 90(a) of the Local Government Code prohibits these local chief executives from practicing their profession or engaging in another occupation apart from performing their official functions. The prohibition is not limited to court appearances. (Republic Act No. 7160, sec. 90(a))

Governing provisions

Section 90(a) of the Local Government Code supplies the specific prohibition for governors and mayors. Section 7(b)(2) of RA 6713 states the general rule: a public official may privately practice a profession only if authorized by the Constitution or law and the practice does not conflict, or tend to conflict, with official functions. For governors and mayors, Section 90(a) provides no permission to practice concurrently. (Republic Act No. 7160, sec. 90(a)) (Sec. 7, Rep. Act No. 6713)¹

Requisites / Rules

• Covered offices: The prohibition applies to provincial governors and city and municipal mayors. Do not assume that the rule for every other elective local official is identical. (Republic Act No. 7160, sec. 90(a))
• Scope: A covered official who is a lawyer cannot take on private legal work during incumbency, whether or not the work involves appearing before a court. The statutory bar concerns practicing a profession, not merely litigation. (Republic Act No. 7160, sec. 90(a))
• Law firm partnership: A lawyer-partner who assumes public office must withdraw from the firm and have the lawyer’s name removed from its name unless concurrent practice is allowed by law. Section 90(a) does not allow a governor or mayor to practice concurrently. (Art. 27, CPRA)² (Republic Act No. 7160, sec. 90(a))

Distinctions

Do not substitute the general, conditional rule under RA 6713 for the specific prohibition under the Local Government Code. For a sitting governor or mayor, an assertion that private legal work does not conflict with official duties does not remove the Section 90(a) bar. (Sec. 7, Rep. Act No. 6713)¹ (Republic Act No. 7160, sec. 90(a))

Key doctrines

Lawyers in government service remain subject to professional discipline under the CPRA, separately from liability under other applicable laws or rules. Leaving office also does not immediately permit unrestricted private practice: CPRA Article 29 bars practice pertaining to a matter before the lawyer’s former office for one year after separation and restricts engagements that could improperly influence proceedings the lawyer handled, intervened in, or previously had authority over. (Art. 28, CPRA)³ (Art. 29, CPRA)⁴

Bar tip

If the problem identifies a sitting governor or mayor, begin with the specific Section 90(a) prohibition—not a conflict-of-interest test. If the official has left office, analyze the separate post-service restrictions. (Republic Act No. 7160, sec. 90(a)) (Art. 29, CPRA)⁴