FACTS:

Attorney Jimmy P. Baliga filed a motion to lift his one-year suspension from the practice of law for allowing his secretary to notarize documents in his stead. Complainant Lingan sought disbarment instead of suspension but was denied. Attorney Baliga, who is also the Regional Director of the Commission on Human Rights Regional Office for Region II, argued that his suspension from the practice of law does not include his suspension from public office. The Commission on Human Rights En Banc suspended him from his position as Regional Director because his authority to practice law was suspended. Complainant Lingan alleged that Attorney Baliga continued to practice law and perform his duties as Regional Director, violating the court's suspension order. The Office of the Bar Confidant recommended that Attorney Baliga submit a certification from the Commission on Human Rights stating that he desisted from performing his functions as Regional Director while suspended from the practice of law.

The case involves Attorney Baliga, who continued to perform his functions as Regional Director while he was suspended from the practice of law. Attorney Baliga argued that his suspension from the practice of law did not include his suspension from public office and that extending the coverage of his suspension to his public office would violate his constitutional rights to due process. The court required Attorney Baliga and the Commission on Human Rights to comment on allegations that he continued performing his functions as Regional Director during his suspension from the practice of law. In his comment, Attorney Baliga claimed that his functions as Regional Director did not require the practice of law and that he faithfully complied with the court's suspension order. The Commission on Human Rights argued that the penalty imposed on Attorney Baliga as a member of the bar is separate from any penalty that may be imposed on him as a public official. Complainant Lingan countered that Attorney Baliga admitted to defying the suspension order and practiced law while holding his position as Regional Director.

Attorney Baliga averred that he was only an employee of the government and was not engaged in the private practice of law. He argued that the administrative complaint should be dismissed for lack of jurisdiction, as only the Supreme Court has the power to discipline lawyers. Attorney Baliga emphasized that he was merely performing his duties as a caseworker and not engaged in any legal services for private individuals.

ISSUES:

1. Whether Atty. Baliga violated the order of suspension and engaged in the practice of law while holding his position as Regional Director.

2. Whether Atty. Baliga's motion to lift the order of suspension should be granted.

RULING:

1. The Supreme Court found that Atty. Baliga violated the order of suspension and engaged in the practice of law while holding his position as Regional Director. As a Regional Director, Atty. Baliga performed functions that required the use of legal knowledge and skills. The fact that he had supervision and control over other attorneys further confirmed that he was practicing law. Therefore, Atty. Baliga was suspended further from the practice of law for six months.

2. The Supreme Court held the resolution on Atty. Baliga's motion to lift the order of suspension in abeyance. The Commission on Human Rights was ordered to comment on Atty. Baliga's claim that he did not practice law while holding his position as Regional Director.

PRINCIPLES:

• Practice of law includes any activity that requires the application of law, legal procedure, knowledge, training, and experience. It encompasses acts that are characteristic of the legal profession or any service that requires the use of legal knowledge or skill.

• Work in government that requires the use of legal knowledge is considered practice of law.

• The Commission on Human Rights, as an independent office created under the Constitution, has regional offices headed by Regional Directors who hold the position of Attorney VI. The powers and functions of Regional Directors include those that are characteristic of the legal profession.

• The exercise of the powers and functions of a Commission on Human Rights Regional Director constitutes practice of law.

• To hold the position of Regional Director, one must be an attorney in good standing and authorized to practice law.

• A disbarred or suspended lawyer loses a necessary qualification for the position he or she is holding.

• The suspension of Atty. Baliga from his position as Regional Director did not violate his right to due process because he was given an opportunity to be heard.

• Willful disobedience to any lawful order of a superior court is a ground for suspension or disbarment.