G.R. No. A.C. No. 7593. March 11, 2015.
ALVIN S. FELICIANO, Complainant, vs. ATTY. CARMELITA BAUTISTA LOZADA, Respondent.

FACTS

On December 13, 2005, the Court en banc suspended Atty. Carmelita Bautista-Lozada from the practice of law for two years for violating Rules 15.03 and 16.04 of the Code of Professional Responsibility and for willfully disobeying a final Court of Appeals decision. This suspension became final on May 4, 2006. However, in June and July 2007, during her suspension period, Atty. Lozada appeared as counsel for her husband, Edilberto Lozada, in Civil Case No. 101-V-07 before the Regional Trial Court of Valenzuela City. She signed court minutes as counsel and conducted direct and cross-examinations of witnesses. Complainant Alvin S. Feliciano filed a disbarment petition, alleging willful disobedience of the Court’s suspension order. In her defense, Atty. Lozada claimed she acted in good faith to defend her husband, believing that representing a spouse was not prohibited. The Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) initially recommended disbarment, but the IBP Board of Governors modified this to a three-month suspension.

ISSUE

Whether Atty. Carmelita Bautista-Lozada is guilty of unauthorized practice of law and willful disobedience of a lawful court order during her suspension, warranting disciplinary action.

RULING

Yes, Atty. Lozada is guilty of violating Section 27, Rule 138 of the Rules of Court. The Court found that her actions—appearing as counsel, signing court documents, and examining witnesses—constituted practice of law, which was prohibited during her two-year suspension. Her defense of good faith was rejected, as she knowingly practiced law without authority and failed to inform the court of her suspension or seek clarification from the Court. While willful disobedience to a lawful court order is a ground for disbarment, the Court mitigated the penalty due to her motivation to assist her spouse, reflecting Filipino familial values. Following precedent, the Court suspended Atty. Lozada from the practice of law for six months, with a warning that repetition would result in a more severe penalty. The decision is immediately executory.