OCA v LADAGA

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.