Dear Atty. Joji,

I am planning to run for public office in the coming barangay elections. A punong barangay, to be exact. However, I have doubts since my friends told me that I have to quit my job as an office human resource manager to run for the said position. Can you enlighten me on this?

Respectfully,
Jason

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Dear Jason,

The personal profession of public officials has been on deliberation for quite some time but since it has been resolved, allow me to enlighten you on this matter.

In the resolution of the case of Catu vs Rellosa (A.C. 5738, 19 February 2008), penned by Chief Justice Renato Corona, it is stated that Section 90 of Republic Act 7160, the Local Government Code, and not Section 7(B)(2) of RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, governs the practice of profession of elective local government officials considering that RA 7160 is a special law with a definite scope. The part of the decision says:

"Section 7(b)(2) of RA 6713 prohibits public officials and employees, during their incumbency, from engaging in the private practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions. This is the general law which applies to all public officials and employees."

For elective local government officials, Section 90 of RA 7160 governs:

SEC. 90. Practice of Profession.

(a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, that sanggunian members who are members of the Bar shall not: