21.

In re David
93 Phil. 461

Facts:

Respondents was suspended for bad practice in the exercise of his profession as a lawyer for a period for a
period of five (5) years from November 9,1949, and admitted this suspension in his written report filed on
March 17, 1951, yet he continued to exercise the profession within the period of suspension.

On February 28, 1950 the respondent filed a claim in the case of Tan Tek vs. Sy not as a lawyer but as an
agent, for and in behalf of Tan Tek Sy. CFI decided in favor of Tan Tek, subsequently atty. Felix David filed
a motion for execution.

In another civil case, Malayan Saw Mill Inc. vs. Tolentino, defendant filed a brief for an order to demolish
homes. “In order- says the appeal- to show that i did not have the intention to disregard the suspension of the
Supreme Court, I did not, with knowledge of Tan Tek, even identify myself as the attorney for the appeals,
but in good faith, I signed for and in behalf of the appellees without designating that I am practicing as
attorney-at-law.

Issue:

Whether or not, the act of atty. Felix David is tantamount to practice of law.

Ruling:

Yes, neither can he allow his name to appear in such pleading by itself or as part of firm name under the
signature of another qualified lawyer because the signature of an agent amounts to signing of a non-qualified
senator of congressman, the office of an attorney being originally an agency, and because he will, by such
act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction.
“ He cannot do indirectly what the constitution prohibits directly.”

Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession.
It covers any activity, in or out of court, which requires the application of law, legal principles, practice or
procedure and calls for legal knowledge, training and experience.