G.R. No. 205 ; March 31, 1965
CANDIDO SAN LUIS, complainant, vs. BENJAMIN B. PINEDA, respondent.

FACTS

Complainant Candido San Luis filed a complaint seeking the punishment or disbarment of respondent Benjamin B. Pineda. The complainant alleged that Pineda had been expelled as a member of the Bar a few months before December 1941, but continued to practice law thereafter. It was further alleged that in 1953, Pineda was convicted by final judgment of the crime of robbery, and although he received a conditional pardon from President Magsaysay, this did not remove the stain of moral misconduct. The complainant prayed for action for contempt or, if Pineda had been reinstated after 1941, for a new disbarment. The matter was referred to the Solicitor General, whose investigation found that Pineda had practiced law in Jolo during the latter part of 1941 after being disbarred in July 1940, but there was no evidence proving he practiced law after 1941. The records of the Court did not show that Pineda had ever been re-admitted to the Bar.

ISSUE

Whether respondent Benjamin B. Pineda should be punished or disbarred for allegedly practicing law after his disbarment and despite a criminal conviction.

RULING

The Court approved the recommendation of the Solicitor General. Considering that the proven act of practicing law without authority occurred in 1941, which was deemed too remote in time, the Court resolved only to warn the respondent. Benjamin B. Pineda was warned not to engage in the practice of law again until he is regularly re-admitted to the Bar. The Court cited that the practice of law by a disbarred attorney constitutes contempt of court.