Comprehensive Discussion on the Prohibition Against the Private Practice of Law by the President, Vice-President, Members of the Cabinet, and Their Deputies or Assistants under the 1987 Constitution

1. Constitutional Basis

Under Section 13, Article VII of the 1987 Philippine Constitution, the President, Vice-President, Members of the Cabinet, and their deputies or assistants are expressly prohibited from engaging in the private practice of any profession during their tenure in office. The relevant portion of the provision states:

“The President, Vice-President, the Members of the Cabinet, and their Deputies or Assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the Government or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.”

Although the text does not single out “law” by name, it explicitly refers to “any other profession.” Consequently, the private practice of law falls squarely under this prohibition.

2. Rationale Behind the Prohibition

Conflict of Interest
- The Constitution seeks to prevent high-ranking executive officials from being influenced by private interests. The practice of law involves representing or advising private clients, which can create conflicts of interest with the official’s paramount duty to the State.
Full-Time Devotion to Public Office
- The offices of the President, Vice-President, Cabinet Members, and their respective deputies or assistants are positions of great public trust requiring the highest degree of diligence and attention. Allowing them to engage in a private profession would compromise the efficiency and integrity of government service, as their time and loyalty could be divided.
Preservation of Public Confidence
- Public officials occupying these critical positions must enjoy the trust and confidence of the people. Engaging in private practice could undermine public confidence, giving rise to suspicions of undue influence, favoritism, or misuse of official position.

3. Scope of the Prohibition

Who Are Covered
- President
- Vice-President
- Members of the Cabinet (Department Secretaries)
- Deputies or Assistants of Cabinet Members (e.g., Undersecretaries, Assistant Secretaries, and those of equivalent rank)
What Constitutes ‘Practice of Law’
- The Supreme Court has defined the practice of law broadly as any activity, in or out of court, which requires the application of law, legal principles, and legal procedures, and calls for legal knowledge, training, and experience.
- It may include appearances in court, drafting of legal documents, giving legal advice on a habitual or ongoing basis, and generally performing acts that only a licensed attorney can do for compensation.
Distinction Between Isolated Legal Advice and Regular Legal Work
- In some contexts, occasional or incidental legal advice given without compensation to family or close friends may not amount to prohibited “private practice.” However, any regular, continuing, or contractual legal service or representation for a client (especially for pay) is clearly disallowed.
- High-ranking government officials are strongly advised to refrain from any legal work that could even remotely be perceived as private practice.
Duration of the Prohibition
- The prohibition subsists “during their tenure,” meaning from the moment they assume office until they vacate their position or their term ends.

4. Legal and Ethical Underpinnings

Code of Professional Responsibility (Now Superseded by the 2023 Code of Professional Responsibility and Accountability)
- Both the old and new codes emphasize that public office is a public trust, and lawyers in government service must avoid any conduct that undermines the people's faith in the legal profession or government.
- Canon provisions (under both versions) caution lawyers in the government not to misuse their public position to advance private interests.
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
- Requires officials and employees to uphold public interest over personal interest and to avoid conflicts of interest in the discharge of their duties.
- Engaging in the private practice of law while occupying high public office is inherently in tension with these ethical mandates.
Judicial and Administrative Precedents
- Although there is no single Supreme Court decision solely devoted to penalizing a sitting President or Cabinet Member for the private practice of law (given the rarity of such scenarios), the Court has consistently disallowed or sanctioned government lawyers in other posts who carried on private law practice if it conflicted with official functions.
- By analogy, such prohibitions are even more strictly applied to the highest executive officials.

5. Consequences of Violation

Administrative and Disciplinary Sanctions
- Any high-ranking executive official found actively practicing law may face administrative charges, including suspension or removal from office, depending on the gravity of the offense.
Disbarment or Disciplinary Action as a Lawyer
- The Supreme Court, exercising its constitutional power to discipline members of the bar, may suspend or disbar a lawyer for willful violation of laws or ethical rules—particularly those forbidding conflicts of interest or the misuse of public position.
Criminal Liability (When Appropriate)
- If the official’s private legal practice involves corrupt acts (e.g., bribery, graft, or corrupt practices under R.A. 3019), criminal charges could also be brought.

6. Key Points for Compliance

Resignation or Withdrawal from Law Firm
- Before assuming a covered public office, a lawyer must formally disengage from any private legal practice or law firm partnership.
- The lawyer must cease involvement in any pending cases or delegate them to other counsel to ensure no continuing appearance for private clients.
Avoiding ‘Of Counsel’ Arrangements
- Even serving in an “of counsel” capacity is typically seen as an engagement in the practice of law if it involves regular legal consultation. High-ranking executive officials must avoid or terminate any such roles.
Transparency and Disclosure
- Compliance with laws requiring the submission of Statements of Assets, Liabilities, and Net Worth (SALN) under R.A. 6713 is crucial. Any business or professional interest must be truthfully declared, ensuring the official does not secretly engage in private law practice.
Ethical Guidance
- If in doubt, officials covered by the prohibition should seek an advisory opinion from the Integrated Bar of the Philippines (IBP) or the Office of the Bar Confidant of the Supreme Court to clarify any borderline situations.

7. Practical Illustrations

Scenario A: A newly appointed Cabinet Secretary who was a senior partner in a law firm must immediately resign from the partnership and cease any involvement in the law firm’s cases.
Scenario B: A high-ranking Undersecretary occasionally reviews contracts for a family business. If this activity amounts to the habitual rendering of legal services, it violates the prohibition.
Scenario C: A member of the Cabinet who is also a CPA can neither continue doing private accounting work nor sign audit opinions for private entities, as this is considered engaging in another profession, similarly prohibited by Section 13, Article VII.

8. Summary

Who: President, Vice-President, Cabinet Members, and their deputies/assistants.
What: Prohibited from engaging in the private practice of any profession (including law).
Why: To prevent conflicts of interest, ensure full devotion to public service, and maintain public trust and confidence in the government.
How: By ceasing all private professional engagements and focusing entirely on the duties of public office, with severe sanctions awaiting any violator.

This prohibition underscores the guiding principle that public office is a public trust. The framers of the 1987 Constitution ensured that the highest officials in the Executive Department could not risk compromising their official duties due to divided loyalties or outside professional commitments. Any infraction undermines both ethical standards and the integrity of governance, warranting serious disciplinary measures.