Case Digest (G.R. No. 102549)
Facts:
Erwin B. Javellana v. Department of Interior and Local Government and Luis T. Santos, G.R. No. 102549, August 10, 1992, Supreme Court En Banc, Grino-Aquino, J., writing for the Court. Petitioner Erwin B. Javellana was an elected city councilor of Bago City and a member of the bar. Respondents were the Department of Interior and Local Government (DILG) and its Secretary, Luis T. Santos. Civil engineer Ernesto C. Divinagracia filed Administrative Case No. C-10-90 before the DILG on October 5, 1989, charging Javellana with violations of DILG Memorandum Circulars and Section 7(b), No. 2 of Republic Act No. 6713 (the Code of Conduct and Ethical Standards) and with oppression, misconduct and abuse of authority.Divinagracia alleged that Javellana continuously practiced law without required authority from the Regional Director pursuant to DLG Memorandum Circular No. 80-38 (in relation to DLG Memorandum Circular No. 74-58), and that Javellana acted as counsel for Antonio Javiero and Rolando Catapang in a suit for illegal dismissal against City Engineer Divinagracia, thereby placing the city government in an adverse position. A formal hearing was held on August 13, 1990, where both parties presented evidence.
On September 10, 1990, Javellana requested permission from the DILG to continue practicing law; Secretary Santos indorsed “no objection” provided there was no conflict with official functions. The DILG later issued Memorandum Circular No. 90-81 (September 21, 1991) prescribing guidelines for practice of professions by local elective officials, invoking the Office of the President’s Memorandum Circular No. 17 and provisions of the Revised Civil Service Rules (Rule XVIII, Sec. 12) as authority.
Petitioner moved to dismiss the administrative charge on March 25, 1991, arguing that the DILG circulars were unconstitutional because regulation of the practice of law was exclusively the Supreme Court’s domain (Article VIII, Sec. 5, 1987 Constitution). The DILG denied the motion on May 2, 1991, and denied reconsideration on June 20, 1991. After the Local Government Code of 1991 (R.A. No. 7160) was enacted on October 10, 1991 (Section 90 prescribed limits on practice by sanggunian members), Javellana filed a petition for certiorari before the Supreme Court challenging DLG Memoranda Nos. 80-38 and 90-81 and Section 90 of R.A. No. 7160 as unconstitutional.
The Solicitor General filed a comment;...(Subscriber-Only)
Issues:
- Do DLG Memorandum Circulars Nos. 80-38 and 90-81 and Section 90 of R.A. No. 7160 unconstitutionally trench upon the Supreme Court’s exclusive authority under Article VIII, Section 5 of the 1987 Constitution to promulgate rules governing the practice of law?
- Do the challenged provisions constitute impermissible class legislation by discriminating against lawyers and doctors in viola...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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