The Supreme Court has denied the request of a clerk of court to appear as assisting private counsel for her grandfather in a civil case pending in another court branch, citing the need to avoid any appearance of conflict of interest.

In a decision dated 30 September 2025, the high court en banc ruled that Dyann Isabel Aguilar, clerk of court of Branch 32 of the Dumaguete Regional Trial Court, must refrain from appearing as private counsel even if the case is filed in a different branch.

The ruling, penned by Associate Justice Jhosep Lopez, stressed that Aguilar’s position requires her to remain above any actual or perceived conflict of interest. The court said that appearing as counsel in any court does not remove the potential influence she holds as a clerk of court, whose role is vital to the administration of justice.

Aguilar sought permission to assist her 90-year-old grandfather, Atty. Wilfredo Martinez, who is the counsel of record in a civil case involving a property dispute pending before Branch 40 of the Dumaguete RTC.

In her request, Aguilar cited previous Supreme Court rulings allowing court personnel to appear as counsel for family members, provided there is no conflict with official duties, no use of office time, and the filing of leaves of absence when appearing in court.

However, the Supreme Court reiterated that lawyers working in the judiciary are generally restricted from engaging in the private practice of law. While Aguilar’s position may not allow her to directly influence case outcomes, the court said she is nonetheless expected to uphold the integrity and impartiality of the judicial system.

The ruling also cited the Code of Conduct for Court Personnel and the Code of Conduct and Ethical Standards for Public Officials and Employees, which require public servants to avoid situations where confidential information obtained through official duties could be misused.

The court further noted that because Aguilar’s grandfather has a direct interest in the property dispute, she could potentially benefit as a successor-in-interest, strengthening the risk of conflict. While the court expressed sympathy for Aguilar’s situation, it said her family may instead seek the services of another lawyer.