OCA CIRCULAR NO. 91-2007, September 14, 2007

The First Division acting on the letter dated 15 March 2007 of
(Ret.) Judge Leticia P. Morales, Regional Trial Court, Branch 140,
Makati City, seeking clarification as to whether she may practice law in
her hometown in Lamut, Ifugao and/or apply for a notarial commission
thereat considering that she have already retired from the service
effective 31 December 2006, issued a Resolution dated 27 June 2007 in
A.M. No. 07-5-237-RTC, (Re: Letter-query of (Retired) Judge Leticia P.
Morales, Regional Trial Court, Branch 140, Makati City, re: authority to
practice her profession and/or apply for a notarial commission in
Lamut, Ifugao in view of her retirement from the service on 31 December
2006) which resolved among others, to:

(2) to ADVICE Judge Morales:

(a) to refer to Sec. 7, R.A. No. 6713 (An Act Establishing
Code of Conduct and Ethical Standards for Public Officials and
Employees, to Uphold the Time-Honored Principle of Public Office being a
Public Trust, Granting Incentives and Rewards for Exemplary Service,
Enumerating Prohibited Acts and Transactions and Providing Penalties for
Violations thereof and for Other . Purposes) which allows a retired
government employee to immediately engage in the private practice of his
profession upon his resignation, retirement or separation from public
office, except in connection with any matter before the office he used
to be with, in which case the one-year prohibition shall apply; and

(b) to note that as a retired trial court judge, the term
“office he used to be with” shall be construed to include the following:
(i) all the branches/sala to which he had the chance to preside over,
in his capacity as the presiding judge, judge-designate (in case of
inhibition of the presiding judge in a single sala station or
inhibition of ail the judges in a multiple-sala station), acting/pairing
judge and assisting judge; (ii) the entire

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For the information and guidance of all concerned.

September __14__, 2007.