FACTS: Atty. Ladaga, an RTC Branch Clerk of Court, acted as pro bono counsel for a relative in a criminal case, without the previous authority from the Chief Justice of the Supreme Court as required by the Administrative Code. An administrative complaint was filed against Atty. Ladaga for practicing law without permission from the Department Head (CJ) as required by law. Atty. Ladaga justified his appearance as he merely gave a free legal assistance to a relative and that he was on an approved leave of absence during his appearances as such counsel. Moreover, the presiding judge of the court to which he is assigned knew his appearances as such counsel.
ISSUE: Whether Atty. Ladaga’s appearances as a pro bono counsel for a relative constitutes practice of law as prohibited by the Administrative Code.
HELD: No. Practice of law to fall within the prohibition of the statute should be customarily or habitually holding one’s self to the public as a lawyer and demanding payment for such services. It does not pertain to isolated court appearances as in this case. Nevertheless, for his failure to obtain a prior permission from the head of the Department (CJ) as required by law, respondent was reprimanded.
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