In re: David 93 Phil 461

Respondent was suspended for bad practices in the exercise of his profession as a lawyer for a period of
five years from the November 9, 1949. The defendant admits this suspension in `his written report filed
on March 17, 1951, yet he continued to exercise the profession within the period of suspension,
November 9, 1949 to November 8, 1954.

On Feb 28 1950 the respondent file 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 of the CFI called 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 The Knowledge of Tan Tek Identified Sy Even myself as the attorney for the
Appelles But In Good Faith, I signed for and in Behalf of the appellee Without Designating That I am
Practicing as attorney-at-law.”

ISSUE: Whether the acts of Atty Felix David is tantamount to practice of law.

HELD: 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 or 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.”