Case Digest (G.R. No. 148233)
Facts:
In Erwin B. Javellana v. Department of Interior and Local Government and Luis T. Santos, G.R. No. 102549, decided on August 10, 1992 under the 1987 Constitution, Attorney Erwin B. Javellana was serving as an elected City Councilor of Bago City, Negros Occidental, when City Engineer Ernesto C. Divinagracia filed Administrative Case No. C-10-90 on October 5, 1989. Divinagracia charged Javellana with violating Department of Local Government (DLG) Memorandum Circular No. 80-38 (in relation to MC 74-58) and Section 7(b)(2) of Republic Act No. 6713 (the Code of Conduct and Ethical Standards for Public Officials and Employees) by practicing law without prior authority from the DLG Regional Director, representing private clients—among them his own named relatives—in civil and criminal cases, including one against Divinagracia himself. A formal hearing was held on August 13, 1990 in Iloilo City. On September 10, 1990, Javellana sought retroactive permission to practice law; Secretary SanCase Digest (G.R. No. 148233)
Facts:
- Parties and Context
- Petitioner: Erwin B. Javellana, elected City Councilor of Bago City and lawyer by profession.
- Respondents: Department of Interior and Local Government (DILG), Secretary Luis T. Santos; Complainant: City Engineer Ernesto C. Divinagracia.
- Administrative Proceedings
- On October 5, 1989, Divinagracia filed Administrative Case No. C-10-90 alleging:
- Violation of DLG Memorandum Circular No. 80-38 (in relation to MC No. 74-58) and Section 7(b)(2) of Republic Act No. 6713 for practicing law without securing authority.
- Oppression, misconduct, and abuse of authority.
- Evidence presentation on August 13, 1990; petitioner requested a permit to practice law on September 10, 1990; Secretary Santos indorsed “no objection” provided no conflict with official functions.
- Issuance of Additional Guidelines
- DLG Memorandum Circular No. 90-81 issued September 21, 1991, prescribing guidelines for private practice of profession by local elective officials under RA 6713 and Civil Service Rules.
- Petitioner filed a Motion to Dismiss on March 25, 1991, challenging the constitutionality of MCs 80-38 and 90-81; denied May 2 and June 20, 1991.
- Enactment of the Local Government Code
- RA 7160 (Local Government Code of 1991), Section 90, enacted October 10, 1991, restricting practice of profession by governors, mayors, and sanggunian members.
- Administrative hearing set November 26, 1991; petitioner filed this petition for certiorari before the Supreme Court.
Issues:
- Supreme Court Rule-Making Power
- Whether DLG Memorandum Circulars Nos. 80-38 and 90-81 and Section 90 of RA 7160 infringe the Supreme Court’s exclusive power under Article VIII, Section 5(5) to promulgate rules on the practice of law.
- Equal Protection / Class Legislation
- Whether the regulations constitute unlawful discrimination by restricting only lawyers and doctors among elective officials.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)