NAPOLES, Shanelle T.

TOPIC: Public Officials and Practice of Law

CITATION: A.C. No. 10465

EUSTAQUIO vs. NAVALES
TITLE: DATE: June 08, 2016

When the Court orders a lawyer suspended from the practice of law, he must desist from
DOCTRINE: performing all functions requiring the application of legal knowledge within the period of
suspension including a government position.

FACTS:

Sps. Estaquio are the owners of an apartment in Quezon City. They entered into a Contract of Lease with Atty.
Navales but the latter violated the terms and conditions of the contract when he failed to pay monthly rentals
and to vacate the premises despite repeated demands. This prompted the complainants to refer the matter to
Barangay Conciliation where the parties agreed on an amicable settlement where respondent promised to pay
the complainants and to vacate the premises but he reneged on his obligations. Thus, complainants filed an
ejectment case against him. They also filed this instant case before the Commission on Bar Dsicipline of the
IBP. Atty. Navaro failed to file his Answer, to appear in the mandatory conference, and to file his position paper.
The MeTC promulgated its decision in favor of the complainants. During the pendency of the case, Atty. Navaro
was appointed as an Assistant City Public Prosecutor of Quezon City.

The IBP Investigating Commissioner found Atty. Navaro administratively liable and recommended the penalty
of suspension for 6 months, in view of the violation of Rules 1.01 and 1.02, Canon 1 of the Code of Professional
Responsibility. Records show that he failed to file a Motion for reconsideration and thus, the order of
suspension against him became final and executory.

On Sept. 7, 2015 and upon the request from the Office of the Court Administrator (OCA), a Certification was
issued by the MeTC of QC Br. 38 stating that respondent has been appearing before it as an Assistant City
Prosecutor since September 2014 up to the present. OCA indorsed the matter to the OBC for appropriate action.
The OBC recommended suspension for 6 months, thus increasing his total suspension to 1 year effective
immediately.

ISSUE:

Whether or not a lawyer suspended from the practice of law be suspended in his government position

HELD:

Affirmative. Sec. 9 of RA 10071 or the Prosecution Service Act of 2010 provides for the powers and functions
of the provincial or city prosecutor. A plain reading of the provision evidently shows that the government
office of the Assistant City Prosecutor requires its holder to be authorized to practice law. Hence,
respondent's continuous discharge of his functions as such constitutes practice of law, and thus, a clear
defiance of the Court's order of suspension against him Under Sec. 27 Rule 138 ROC, willful disobedience to
any lawful order of a superior court and willfully appearing as an attorney without authority to do so – acts
which respondent is guilty of in this case – are grounds for disbarment or suspension from the practice of
law.

The Court has the exclusive jurisdiction to regulate the practice of law. As such, when the Court orders a
lawyer suspended from the practice of law, he must desist from performing all functions requiring the
application of legal knowledge within the period of suspension. This includes desisting from holding a
position in government requiring the authority to practice law.

The practice of law embraces any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training, and experience. It includes performing acts which are characteristic of the
legal profession, or rendering any kind of service which requires the use in any degree of legal knowledge or
skill.

Disbarment of lawyers is a proceeding that aims to purge the law profession of unworthy members of the
bar. It is intended to preserve the nobility and honor of the legal profession. While the Supreme Court has the
plenary power to discipline erring lawyers through this kind of proceedings, it does so in the most vigilant
manner so as not to frustrate its preservative principle.