Feliciano v Atty Bautista - Lozada AC 7593 March 11 2015

FELICIANO V ATTY. BAUTISTA - LOZADA

FACTS:

Alvin Feliciano filed an injunction and TRO against Atty. Carmencita Bautista –  Bautista  –  Lozada in representing his husband Edilberto Lozada in the latter’s case against the complainant on June 5, 2007. Feliciano alleged that Atty. Bautista –  Bautista –  Lozada   Lozada appeared as a counsel for his husband and actively participated in the court proceedings while she is still suspended from the practice of law in reference to a court judgment on December 15, 2005. Feliciano argued that the act of the respondent constitutes willful disobedience to a court order. In her reply, Atty Bautista  –  Lozada   Lozada claims that she was only forced by the situation that she needed to defend the right of his husband who is embroiled in a legal dispute. She believes that since she is representing his husband and not a client, it is not within the prohibition of the law. The case was referred to the IBP for investigation and the IBP Investigating Officer recommended disbarment for Atty. Bautista  –   Lozada in violation of Rule 1.01, 1.02 and Rule 18.01 of the CPR. The IBP-BOG adopted the recommendation with modification to suspension of only 3 months. ISSUE:

Whether or not the acts of Atty. Bautista –  Bautista –  Lozada  Lozada warrant disciplinary action? RULING:

Yes. Atty. Bautista  –  Lozada’s act of representing his husband in court  proceedings while still serving her suspension is an act prohibited by law that should warrant disciplinary action. Sec 27, Rule 138 of the Revised Rules of Court clearly stated that a willful disobedience of any lawful order of the superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority to do so is a ground for disbarment or suspension from the practice of law. The practice of law is defined as any activity, in or out of the court, which requires that application of law, legal  procedure, knowledge, kn owledge, training and experience. In the case at bar, Atty. Bautista-Lozada in appearing, signing for and in behalf of his husband in pleadings and court proceedings constitutes practice of law where she should desist herself from engaging during the  period of her suspension. The prior judgement of her suspension was promulgated on December 15, 2005, therefore she cannot engage in the practice of law until December 2007.