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First point: When you are a public officer, are you absolutely precluded from practicing law?

No. Cite case of Lingan v. Calubaquib and Baliga

Wor! in government that requires the use of legal !nowledge is considered practice of law. "n

Cayetano v. Monsod , this court cited the deliberations of the #$%& Constitutional Commissionand agreed that wor! rendered by lawyers in the Commission on 'udit requiring ()the use of*legal !nowledge or legal talent+ is practice of law.

hese powers and functions are characteristics of the legal profession. -aths and affirmationsare usually performed by members of the udiciary and notaries public / officers who arenecessarily members of the bar. "nvestigating human rights complaints are performed primarilyby the Commission0s legal officer. 1iscussing immediate courses of action and protectionremedies and reviewing and approving draft resolutions of human rights cases prepared by thelegal officer require the use of e2tensive legal !nowledge.

he e2ercise of the powers and functions of a Commission on 3uman 4ights 4egional 1irectorconstitutes practice of law. hus, the 4egional 1irector must be an attorney / a member of thebar in good standing and authori5ed to practice law. When the 4egional 1irector loses thisauthority, such as when he or she is disbarred or suspended from the practice of law, the4egional 1irector loses a necessary qualification to the position he or she is holding. hedisbarred or suspended lawyer must desist from holding the position of 4egional 1irector.

Second point: his is precisely the reason why lawyers engaged in governmental functions arestill governed by the Code of 6rofessional 4esponsibility. 'lso, when engaged in governmentalfunction, they do not shed their identities as lawyers. "nstead, they are placed in the spotlight, soto spea!, as they are mandated to interact with the public, representing themselves as lawyers.

'ny misconduct is magnified and may affect the public0s perception of the legal profession.

Cite case of 6eople v. Casta7eda he canons embodied in the C64 equally apply to lawyers in

government service in the discharge of their official tas!s.

Third point 8oing bac! to the case of Lingan , on the disciplinary authority of the 9upremeCourt, does it mean that because government lawyers are already covered by the provisions ofthe C64, the 9upreme Court already e2ercises disciplinary authority over any and all actscommitted by them in the e2ercise of their functions?

No. Cite Pimentel v. Llorente . :a!e distinction. ' lawyer who holds a government position maynot be disciplined as a member of the bar for misconduct in the discharge of his duties as agovernment official. 3owever, if the misconduct also constitutes a violation of the C64 or thelawyer0s oath or is of such character as to affect his qualification as a lawyer or shows moraldelinquency on his part, such individual may be disciplined as a member of the bar formisconduct.

3aving settled those matters, we now go to 64-3"B" "-N9

he governing law on the matter is 9ection ;

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:embers of the Constitutional Commissions

L'W

'll governors, city and municipal mayors