Legal & Judicial Ethics, 2011 Bar — Question 33

MULTIPLE CHOICE

Atty. Eliseo represented Allan in a collection suit against the Philippine Charity Sweepstakes Office (PCSO). After his election as sangguniang bayan member, the court rendered a decision in PCSO's favor. Still, Atty. Eliseo appeared for Allan in the latter's appeal, prompting the PCSO to question his right to do so. In response, Atty. Eliseo claimed that the local government code authorizes him to practice law as long as it does not conflict with his duties. Is Atty. Eliseo right? (A) No, because he cannot appear against a government instrumentality in a civil case. (B) Yes, because his official duties do not conflict with his private practice. (C) No, because he works on his private case at the sacrifice of public service. (D) Yes, because he does not appear in the case as a municipal official.

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