Ethics Digest

ATTY. ALIMURUNG DIZON | LORESCA | LUMINARIAS | SANTOS, K.
| SY | TY | VILCHES 2-D || Ateneo Law School

1 Ad astra per alia fideles

Cayetano vs. Monsod (09/03/1991)
Ponente: Paras
D: The practice of law is not limited to the conduct of cases or litigation in
court; it embraces the preparation of pleadings and other papers incident
to actions and special proceedings, the management of such actions and
proceedings on behalf of clients before judges and courts, and in addition,
conveying. In general, all advice to clients, and all action taken for them
in matters connected with the law incorporation services, assessment and
condemnation services contemplating an appearance before a judicial
body, the foreclosure of a mortgage, enforcement of a creditor's claim in
bankruptcy and insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have been held to
constitute law practice, as do the preparation and drafting of legal
instruments, where the work done involves the determination by the
trained legal mind of the legal effect of facts and conditions.

Facts:
1. Christian Monsod was nominated by President Corazon C. Aquino to
the position of Chairman of the COMELEC
2. Rene Cayetano opposed the nomination because allegedly Monsod
does not possess the required qualification of having been engaged
in the practice of law for at least ten years.
3. On June 5, 1991, the Commission on Appointments confirmed the
nomination of Monsod as Chairman of the COMELEC. On June 18,
1991, he took his oath of office. On the same day, he assumed office
as Chairman of the COMELEC.
4. Challenging the validity of the confirmation by the Commission on
Appointments of Monsod's nomination, petitioner as a citizen and
taxpayer, filed the instant petition for certiorari and Prohibition
praying that said confirmation and the consequent appointment of
Monsod as Chairman of the Commission on Elections be declared null
and void.

Issue: WON Monsod was engaged in practice law for the past 10 years
rendering his appointment as valid?

Held and Ratio:

1. Yes, interpreted in the light of the various definitions of the term
Practice of law
1
, particularly the modern concept of law practice, and
taking into consideration the liberal construction intended by the
framers of the Constitution, Atty. Monsod's past work experiences as
a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of
industry, a lawyer-negotiator of contracts, and a lawyer-legislator of
both the rich and the poor verily more than satisfy the
constitutional requirement that he has been engaged in the
practice of law for at least ten years.
Some of Monsods professional experience:
After graduating from UP College of Law in 1960, he worked in the
law office of his father
He also worked for World Bank as an operations officer (which
involved getting acquainted with the laws of member-countries
negotiating loans and coordinating legal, economic, and project work
of the Bank)
In Meralco Group as chief executive officer of an investment bank
and subsequently of a business conglomerate
Also rendered services to various companies as a legal and economic
consultant or chief executive officer.

1
Practice of Law in Paras ponencia: The rendition of services requiring the knowledge and the application
of legal principles and technique to serve the interest of another with his consent. It is not limited to
appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of
pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of
legal instruments of all kinds, and the giving of all legal advice to clients. It embraces all advice to clients
and all actions taken for them in matters connected with the law. An attorney engages in the practice of
law by maintaining an office where he is held out to be-an attorney, using a letterhead describing himself
as an attorney, counseling clients in legal matters, negotiating with opposing counsel about pending
litigation, and fixing and collecting fees for services rendered by his associate. (Black's Law Dictionary, 3rd
ed.)

Nature and Scope of the Legal Profession (Practice of Law)
Legal Ethics (Set 1: First 7 cases)
ATTY. ALIMURUNG DIZON | LORESCA | LUMINARIAS | SANTOS, K. | SY | TY | VILCHES 2-D || Ateneo Law School


Secretary-General (1986) and National Chairman (1987) of
NAMFREL
Former Co-Chairman of the Bishops Businessmen's Conference for
Human Development
Member of the Davide Commission
Member of the Constitutional Commission (1986-1987)

SEPARATE OPINIONS:
Padillas dissent:
While it may be granted that Monsod performed tasks and activities which could be
considered activities peculiar to the practice of law, like the drafting of legal
documents and the rendering of legal opinion or advice, such were isolated
transactions or activities which do not qualify his past endeavors as "practice of law."
To become engaged in the practice of law, there must be continuity, or a succession
of acts.

Cruzs dissent:
The effect of the definition given in the ponencia is to consider virtually every lawyer
to be engaged in the practice of law even if he does not earn his living, or at least
part of it, as a lawyer. It is enough that his activities are incidentally (even if only
remotely) connected with some law, ordinance, or regulation. The possible exception
is the lawyer whose income is derived from teaching ballroom dancing or escorting
wrinkled ladies with pubescent pretensions.

Gutierrezs dissent:
An attorney, in the most general sense, is a person designated or employed by
another to act in his stead; an agent; more especially, one of a class of persons
authorized to appear and act for suitors or defendants in legal proceedings. Strictly,
these professional persons are attorneys at law, and non-professional agents are
properly styled "attorney's in fact;" but the single word is much used as meaning an
attorney at law. A person may be an attorney in facto for another, without being an
attorney at law. Abb. Law Dict. "Attorney." A public attorney, or attorney at law,
says Webster, is an officer of a court of law, legally qualified to prosecute and
defend actions in such court on the retainer of clients. "The principal duties of an
attorney are (1) to be true to the court and to his client; (2) to manage the business of
his client with care, skill, and integrity; (3) to keep his client informed as to the state
of his business; (4) to keep his secrets confided to him as such. ... His rights are to be
justly compensated for his services." Bouv. Law Dict. tit. "Attorney." The transitive verb
"practice," as defined by Webster, means 'to do or perform frequently, customarily,
or habitually; to perform by a succession of acts, as, to practice gaming, ... to carry
on in practice, or repeated action; to apply, as a theory, to real life; to exercise, as
a profession, trade, art. etc.; as, to practice law or medicine,' etc.

In the Matter of Petition for Authority To continue use of the Firm name
Ozaeta, Romulo, etc. (7/30/1979)
D: A partnership for the practice of law cannot be likened to partnerships
formed by other professionals or for business. It is not a legal entity as it
is a mere relationship or association for a particular purpose. It is not a
partnership formed for the purpose of carrying on a trade or business or of
holding property. Thus, it has been stated that the use of a nom de plume,
assumed or trade name in law practice is improper
D: The law is a profession a group of men pursuing a learned art as a
common calling in the spirit of public service which may incidentally be a
means of livelihood
D: The right to practice law is not a natural or constitutional right but is in
the nature of a privilege or franchise. It is limited to persons of good moral
character with special qualifications duly ascertained and certified. The
right does not only presuppose in its possessor integrity, legal standing
and attainment, but also the exercise of a special privilege, highly
personal and partaking of the nature of a public trust

Facts:
1. Two separate petitions were filed in SC by the surviving partners of
Atty. Sycip and by the surviving partners of Atty. Ozaeta praying
that they be allowed to continue using the name, in their firms, of their
partners who passed away
2. Petitioners arguments are as follows:
a. That under the law, (Art 1840) partnership is not prohibited from
continuing its business under a firm name which includes the name
of the deceased partner
b. No fundamental policy is offended by the continued use by a
firm of professionals (law) of a firm name which includes the
name of a deceased partner, at least where such firm name has
acquired the characteristics of a trade name as commonly
practiced by other professions such as accountancy and
engineering
c. That such use is not considered unethical under the Canons of
Professional Ethics
d. There is no deception or possibility of it because the deaths of the
partners were well-publicized
e. No local customs prohibits the continued use of a deceased
partners name


f. That the continued use of a deceased partners name in the firm
name of law partnership has been consistently allowed by US
courts which is an accepted principle in the legal profession of
most countries in the world

Issue: WON petitioners can still use the deceased partners name
Held: No
Ratio:
1. It is tacit in Art 1815 that names in a firm name of a partnership must
either be those of living partners and, in case of non-partners, should
be living persons who can be subjected to liability
2. There could be practical objections to allowing the use by law firms
of the names of the deceased partners. The public relations value of
the use of an old firm name can tend to create undue advantages
and disadvantages in the practice of the profession. An able lawyer
without connections will have to make a name for himself starting from
scratch. Another able lawyer, who can join an old firm, can initially
ride on that old firms reputation established by deceased partners
3. (For fact no. 2a, SC held that): Art 1840 refers to commercial
partnership which is not applicable in this case as this case involves
professional partnership the reputation of which depends on the
individual skill of the members
4. (For fact no. 2b, SC held that): A partnership for the practice of law
cannot be likened to partnerships formed by other professionals or
for business. It is not a legal entity as it is a mere relationship or
association for a particular purpose. It is not a partnership formed for
the purpose of carrying on a trade or business or of holding
property. Thus, it has been stated that the use of a nom de plume,
assumed or trade name in law practice is improper
5. The law is a profession a group of men pursuing a learned art as
a common calling in the spirit of public service which may incidentally
be a means of livelihood
6. The right to practice law is not a natural or constitutional right but is in
the nature of a privilege or franchise. It is limited to persons of good
moral character with special qualifications duly ascertained and
certified. The right does not only presuppose in its possessor integrity,
legal standing and attainment, but also the exercise of a special
privilege, highly personal and partaking of the nature of a public
trust
7. It is intimately and peculiarly related to administration of justice and
should not be considered like an ordinary money-making trade
8. (For fact no. 2c,2d, & 2e, SC held that): It is true that the Canon does
not considered as an unethical the continued use of the name, but the
same warns that care should be taken that no imposition or deception
is practiced through this use. Also, it is true that no local custom in Phil.
permits or allows the use of a deceased partners name, nevertheless,
it has likewise been held that the use of a firm name after death of
partner is only proper where SUSTAINED by local custom (which is not
the case here). Furthermore, the possibility of deception cannot be
ruled out
9. (For fact no. 2f, SC held that): The use of a deceased partners name
is considered a custom in the US but not in the Phil.

Bates v. State Bar of Arizona (6/27/1977)
D: It is not legally unethical for lawyers to advertise the prices at which
certain routine services will be performed because such advertisement
serves individual and societal interests in assuring informed and reliable
decision-making; it benefits the administration of justice; it will reduce the
cost of legal services to the consumer; and it may well aid new attorneys
in entering the market

Facts: (Discussions on the Sherman Act, the First Amendment, and the
separate opinions will not be tackled here)
1. John R. Bates and Van OSteen are licensed attorneys and members
of the Arizona State Bar. When they opened a legal clinic, their
aim was to provide legal services at modest fees to persons of
moderate income who did not qualify for governmental legal aid.
However, in order to achieve that aim, they only accepted routine
matters (uncontested divorces, adoption, change of name, etc.)
because their costs could be kept down by extensive use of
paralegals, automatic typewriting equipment, and standardized
forms and office procedures
Advertising and Solicitation (Rule 2.03; 3.01; 3.02; 3.04)


2. After two years of doing this, they figured that they should advertise
the availability of their legal services at low cost to attract clients so
their practice and legal concept can survive
3. They placed an advertisement in the Arizona Republic, a daily
newspaper of general circulation in the Phoenix metropolitan area,
which stated that petitioners were offering legal services at very
reasonable fees, and listed their fees for certain services
4. The President of the State Bar of Arizona filed a complaint against
petitioners for violation of the Arizona Supreme Courts Disciplinary
Rule (Rule)

(B) A lawyer shall not publicize himself, or his
partner, or association, or any other lawyer
affiliated with him or his firm, as a lawyer through
newspaper or magazine advertisements, radio or
television announcements, display advertisements in
the city or telephone directories or other means of
commercial publicity, nor shall he authorize or permit
others to do so in his behalf.

Issue: WON lawyers may advertise the prices at which certain routine
services will be performed
Held: Yes
Ratio:
1. The Court agreed that the petitioners are agents of the court and
must be under its continuous supervision. It is important to regulate the
activities of the Bar to protect the public. Controls over solicitation
and advertising by attorneys have long been subject to the states
oversight
2. The court addressed the arguments of respondent (regarding
advertisement and the law profession) one by one
a. Advertisement has an adverse effect on professionalism
Arizona State Bar:

The key to professionalism, it is
argued, is the sense of pride that
involvement in the discipline
generates. It is claimed that price
advertising will bring about
commercialization, which will
undermine the attorneys sense of
dignity and self-worth. The hustle of
the marketplace will adversely
affect the professions service
orientation, and irreparably
damage the delicate balance
between the lawyers need to earn
and his obligation selflessly to serve.
Advertising is also said to erode the
clients trust in his attorney: once the
client perceives that the lawyer is
motivated by profit, his confidence
that the attorney is acting out of a
commitment to the clients welfare is
jeopardized. And advertising is said
to tarnish the dignified public image
of the profession.

Federal Supreme Court:
The postulated connection between
advertising and the erosion of true
professionalism is severely strained.
The client always expects that he will
pay for the services of the lawyer.
The American Bar Association even
advises that a lawyer should reach
a clear agreement with his client as
to the basis of the fee charges to be
made
It appears that the ban on
advertising originated as a
rule of etiquette and not as
a rule of ethics
b. Attorney advertising is misleading
Arizona State Bar:

It is argued that advertising of legal
services inevitably will be misleading
(a) because such services are so


individualized with regard to content
and quality as to prevent informed
comparison on the basis of an
advertisement, (b) because the
consumer of legal services is unable
to determine in advance just what
services he needs, and (c) because
advertising by attorneys will
highlight irrelevant factors and fail
to show the relevant factor of skill

The services advertised by
petitioners are routine services,
which are not unique
Lawyers are likely to be employed
to perform specific tasks. Although
the client may not know the detail
involved in performing the task, he
knows the service he desires at the
level of generality to which
advertising lends itself
The third argument underestimates
the public. If the naivete of the
public will cause advertising by
attorneys to be misleading, then it is
the bars role to assure that the
populace is sufficiently informed as
to enable it to place advertising in
its proper perspective
c. Advertising has an adverse effect on the
administration of justice
Arizona State Bar: Advertising is said to
have the undesirable effect of stirring up
litigation. ... There is even a suggestion of
barratry [the offense of frequently exciting
and stirring up lawsuits and quarrels]

Advertising can help to solve this
acknowledged problem: advertising
is the traditional mechanism in a
free-market economy for a supplier
to inform a potential purchaser of
the availability and terms of
exchange. The disciplinary rule at
issue likely has served to burden
access to legal services, particularly
for the not-quite-poor and the
unknowledgeable. A rule allowing
restrained advertising would be in
accord with the bars obligation to
facilitate the process of intelligent
selection of lawyers, and to assist in
making legal services fully
available

d. Advertising has undesirable economic effects
Arizona State Bar:

It is claimed that advertising will
increase the overhead costs of the
profession, and that these costs then
will be passed along to consumers in
the form of increased fees.
Moreover, it is claimed that the
additional cost of practice will
create a substantial entry barrier,
deterring or preventing young
attorneys from penetrating the
market and entrenching the position
of the bars established members

Prices are actually lower when
theres advertising because of the
competition


New lawyers will not be deterred. In
fact, advertising will work to their
advantage because without it, they
must develop contacts. The
advertisement ban actually
perpetuates the market position of
established lawyers and works to
the disadvantage of new ones
e. Advertising has an adverse effect on the quality of
the service
Arizona State Bar: The State Bar argues that
the attorney may advertise a given
package of service at a set price, and will
be inclined to provide, by indiscriminate use,
the standard package regardless of whether
it fits the clients needs
Federal Supreme Court: An attorney who is
inclined to cut quality will do so regardless
of the rule on advertising. And the
advertisement of a standardized fee does
not necessarily mean that the services
offered are undesirably standardized
f. Overseeing advertisements by lawyers is difficult to
enforce
Arizona State Bar: Because of the number of
lawyers, it will be difficult to oversee their
advertisements

With advertising, most lawyers will
behave as they always have: they
will abide by their solemn oaths to
uphold the integrity and honor of
their profession and of the legal
system. For every attorney who
overreaches through advertising,
there will be thousands of others
who will be candid and honest and
straightforward. And, of course, it
will be in the latters interest, as in
other cases of misconduct at the bar,
to assist in weeding out those few
who abuse their trust
3. Although advertisement by lawyers may not be subjected to
a blanket suppression like what the Rule does), it can be
regulated

Ulep v Legal Clinic, Inc. (06/17/1993)
D: A lawyer cannot advertise his talents or skills as in a manner similar to
a merchant advertising his goods. The proscription against advertising of
legal services or solicitation of legal business rests on the fundamental
postulate that the practice of law is a profession. The law is a profession
and not a trade. The lawyer degrades himself and his profession who
stoops to and adopts the practices of mercantilism by advertising his
services or offering them to the public. The most worthy and effective
advertisement is the establishment of a well-merited reputation for
professional capacity and fidelity to trust

Facts:
1. Ulep filed a complaint against The Legal Clinic (TLC) and asked the
Court to order TLC to stop from issuing advertisements similar to the
tenor of TLC advertisements already published in newspapers
2

2. Ulep alleges that the advertisements are champertous
3
, unethical,
demeaning of the law profession, and as a member of the legal
profession he is offended by the said advertisements

2
The first advertisement reads: Secret Marriage? P560 for valid marriage. Info on DIVORCE. ABSENCE.
ANNULMENT. Visa.
Further, advertisement contained the address of The Legal Clinic, its office hours and phone number.

The second advertisement is an advertisement on a so-called Guam Divorce. It states that an attorney in
Guam is giving free books on Guam Divorce through The Legal Clinic during Mondays to Fridays. Just like
the first advertisement, it also provided for the address of TLC, its office hours, and phone number.

3
This word is in memory of our great Legal Profession teacher, Dean Roy. Wherever he is, may there be
Malteesers and Coke Zero. Amen.


3. In answering the petition, TLC admits the fact of publication of said
advertisements but claims that it is not engaged in the practice of law
but in rendering of legal support services through paralegals with
the use of modern computers and electronic machines
4. Further, they argue that the act of advertising these services should
be allowed pursuant to the ruling in Bates v Arizona
5. The SC then required several bar associations
4
to submit a
memoranda and position papers on the said controversy
Issue: WON the services offered and advertised by the Legal Clinic
constitutes practice of law
Held: Yeeeeeees
Ratio:
1. When a person participates in a trial and advertises himself as a
lawyer, he is in the practice of law. One who confers with clients,
advises them as to their legal rights and then takes the business to an
attorney and asks the latter to look after the case in court is also
practicing law
2. Giving advice for compensation regarding the legal status and rights
of another and the conduct with respect thereto constitutes a practice
of law
3. Thus, the activities and services offered by TLC
5
fall squarely within
the definition of practice of law. Similarly, the defense that they do
not represent clients in court is untenable since the practice of law is
not limited to strictly appearing in court
4. Further, the intention of Nogales is to create a one-stop-shop for
various legal problems where a client may avail of legal services
from simple documentation to complex litigation and corporate
undertakings. Such work is beyond the domain of paralegals, and are
exclusive functions of lawyers engaged in the practice of law

4
The associations are as follows: (1) Integrated Bar of the Philippines (2) Philippine Bar Association (3)
Philippine Lawyers Association (4) UP Women Lawyers Circle (5) Women Lawyers Association of the
Philippines (6) Federacion Internacional de Abogadas. The position papers and memoranda of the
following associations will not be discussed in this digest.
5
In an interview with Atty. Nogales for The Philippine Star, he claims that The Legal Clinic is similar to a
medical clinic wherein lawyers would analyze, diagnose, and thereafter give legal advice to walk-in
clients. Nogales admitted that most of their clients are walk-ins who could not afford the services of big
law firms. This admission alone renders their defense that they only give legal support services through
paralegals as untenable since such duties can only be performed by persons duly admitted to the bar. It is
beyond the domain of paralegals.

Issue: WON TLC can advertise their services through newspapers and other
mediums
Held: No
Ratio:
1. Prior to the adoption of the Code of Professional Responsibility, the
Canons of Ethics also warned lawyers that they should not resort to
indirect advertisements for professional employment, such as
furnishing or inspiring newspaper comments or procuring his
photograph to be published in connection with causes in which the
lawyer has been engaged in
2. A lawyer cannot advertise his talents or skills as in a manner similar to
a merchant advertising his goods. The proscription against advertising
of legal services or solicitation of legal business rests on the
fundamental postulate that the practice of law is a profession
3. The law is a profession and not a trade. The lawyer degrades himself
and his profession who stoops to and adopts the practices of
mercantilism by advertising his services or offering them to the public
4. The most worthy and effective advertisement is the establishment of a
well-merited reputation for professional capacity and fidelity to trust.
This cannot be forced and must be the outcome character and conduct
5. But not all types of advertising are prohibited. The canons of the
profession allows the following:
a. Publication in a reputable law list. The list should be brief
and informative and should only contain the lawyers name,
his address, telephone number, branches of law practiced,
school attended etc
b. The use of an ordinary simple professional card

In Re Tagorda (03/23/29)
Justice Malcolm
D: Lawyers are prohibited from directly or indirectly advertising their
services either through themselves or through agents. The law is a
profession and not a business. The lawyer may not seek or obtain
employment by himself or through others for to do so would be
unprofessional.

Facts:


1. Luis B. Tagorda, a practising attorney and a member of the
provincial board of Isabela, admits that previous to the last general elections
he made use of a card written in Spanish and Ilocano, which, in translation,
reads as follows:

2. Atty. Tagorda also admits of writing a letter (written in Ilocano) to the
lieutenant of the barrio of his municipality requesting the lieutenant to advise
the people of their municipality that he, Atty. Tagorda, will continue serving as
a lawyer and notary public of their municipality in spite of his residence in
Echague

Issue: WON Atty. Tagorda should be sanctioned for his solicitations
Held: Yeeeeeees
Ratio:
Canons 27 and 28 of the Code of Ethics proscribe lawyers from directly or
indirectly advertising their services either through themselves or through
agents.
6
The law is a profession and not a business. The lawyer may not seek

6
CANON 27: ADVERTISING, DIRECT OR INDIRECT. The most worthy and effective advertisement
possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-
merited reputation for professional capacity and fidelity to trust. This cannot be forced, but must be the
outcome of character and conduct. The publication or circulation of ordinary simple business cards, being a
matter of personal taste or local custom, and sometimes of convenience, is not per se improper. But
solicitation of business by circulars or advertisements, or by personal communications or interview not
warranted by personal relations, is unprofessional. It is equally unprofessional to procure business by
indirection through touters of any kind, whether allied real estate firms or trust companies advertising to
secure the drawing of deeds or wills or offering retainers in exchange for executorships or trusteeships to
be influenced by the lawyer. Indirect advertisement for business by furnishing or inspiring newspaper
comments concerning the manner of their conduct, the magnitude of the interest involved, the importance of
the lawyer's position, and all other like self-laudation, defy the traditions and lower the tone of our high
calling, and are intolerable.
or obtain employment by himself or through others for to do so would be
unprofessional.

It is the duty of the court to condemn in no uncertain terms the ugly
practice of solicitation of cases by lawyers. It is destructive of the honor of a
great profession. It lowers the standards of that profession. It works against
the confidence of the community in the integrity of the members of the bar. It
results in needless litigation and in incenting to strife otherwise peacefully
inclined citizens. The solicitation of employment by an attorney is a ground for
disbarment or suspension. That should be distinctly understood.
The usual punishment for violating this rule is disbarment. However,
there were mitigating circumstances, which led the court to merely impose a 1-
month suspension from practicing law (starting April 1, 1929)

Director of Religious Affairs v Bayot (03/20/1944)
Justice Ozaeta
D: Section 25 of Rule 127 expressly provides among other things that "the
practice of soliciting cases at law for the purpose of gain, either personally
or thru paid agents or brokers, constitutes malpractice."
D: It is highly unethical for an attorney to advertise his talents or skill as a
merchant advertises his wares. Law is a profession and not a trade. The
lawyer degrades himself and his profession who stoops to and adopts the
practices of mercantilism by advertising his services or offering them to
the public.

CANON 28: STIRRING UP LITIGATION, DIRECTLY OR THROUGH AGENTS. It is unprofessional for a
lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust
make it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at
common law. It is disreputable to hunt up defects in titles or other causes of action and inform thereof in
order to the employed to bring suit, or to breed litigation by seeking out those with claims for personal
injuries or those having any other grounds of action in order to secure them as clients, or to employ agents
or runners for like purposes, or to pay or reward directly or indirectly, those who bring or influence the
bringing of such cases to his office, or to remunerate policemen, court or prison officials, physicians, hospital
attaches or others who may succeed, under the guise of giving disinterested friendly advice, in influencing
the criminal, the sick and the injured, the ignorant or others, to seek his professional services. A duty to the
public and to the profession devolves upon every member of the bar having knowledge of such practices
upon the part of any practitioner immediately to inform thereof to the end that the offender may be
disbarred.

LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela

(NOTE. As notary public, he can execute for you a deed of sale for the purchase of land as
required by the cadastral office; can renew lost documents of your animals; can make your
application and final requisites for your homestead; and can execute any kind of affidavit. As a
lawyer, he can help you collect your loans although long overdue, as well as any complaint for or
against you. Come or write to him in his town, Echague, Isabela. He offers free consultation, and
is willing to help and serve the poor.)



Facts:
1. Estanislao Bayot, who is an attorney-at-law, is charged with malpractice
for having published on advertisement in the Sunday Tribune of June 13,
1943, which reads as follows:

Marriage license promptly secured thru our assistance & the annoyance
of delay or publicity avoided if desired, and marriage arranged to
wishes of parties. Consultation on any matter free for the poor.
Everything confidential.
Legal assistance service
12 Escolta, Manila, Room, 105
Tel. 2-41-60.
2. Bayot at first denied having published the said advertisement; but
subsequently, thru his attorney, he admitted having caused its publication
and prayed for "the indulgence and mercy" of the Court, promising "not
to repeat such professional misconduct in the future and to abide himself
to the strict ethical rules of the law profession." In further mitigation he
alleged that the said advertisement was published only once in
the Tribune and that he never had any case at law by reason thereof.

Issue: WON Bayot violated the rule against advertising and solicitation of
services as a lawyer.
Held: Yes
Ratio:
1. It is undeniable that the advertisement in question was a flagrant violation
by Bayot of the ethics of his profession, it being a brazen solicitation of
business from the public.
3. Section 25 of Rule 127 expressly provides among other things that "the
practice of soliciting cases at law for the purpose of gain, either
personally or thru paid agents or brokers, constitutes malpractice."
4. It is highly unethical for an attorney to advertise his talents or skill as a
merchant advertises his wares. Law is a profession and not a trade. The
lawyer degrades himself and his profession who stoops to and adopts the
practices of mercantilism by advertising his services or offering them to
the public. As a member of the bar, he defiles the temple of justice with
mercenary activities as the money-changers of old defiled the temple of
Jehovah.
5. "The most worth and effective advertisement possible, even for a young
lawyer, . . . is the establishment of a well-merited reputation for
professional capacity and fidelity to trust. This cannot be forced but must
be the outcome of character and conduct." (Canon 27, Code of Ethics.)
6. In In re Tagorda, 53 Phil., the respondent attorney was suspended from
the practice of law for the period of one month for advertising his
services and soliciting work from the public by writing circular letters. That
case, however, was more serious than this because there the solicitations
were repeatedly made and were more elaborate and insistent.
7. Considering his plea for leniency and his promise not to repeat the
misconduct, the Court is of the opinion and so decided that Bayot should
be, as he hereby is, reprimanded.

Khan, Jr. v Simbillo (8/19/2003)
Ponente: Justice Ynares-Santiago
D: the practice of law is not a business. It is a profession in which duty to
public service and not money is the primary consideration. The duty to
public service and to the administration of justice should be the primary
consideration of lawyers who must subordinate their personal interests or
what they owe to themselves.

Petition filed for the Cause of Action: Administrative complaint for improper
advertising and solicitation of legal services in violation of Rule 2.03 and
Rule 3.01 of the Code for Professional Responsibility and Rule 138, Sec27 of
Rules of Court
Petition filed When the Case Reached S.C: Petition for Certiorari

Facts:
1. On the July 5, 2000 issue of Philippine Inquirer, there appeared a
paid advertisement which reads: Annulment of Marriage Specialist
2. Ma. Theresa Espeleta, staff member of the Public Information Office
of the S.C called up the number indicated and pretended to be an
interested party.
3. Espeleta was able to talk to Mrs. Simbillo who claimed that her
husband was an expert in handling annulment cases and can
guarantee a court decision within 6 months. For such services, Atty.
Simbillo would be charging P48k
4. Further research by the Public Information Office revealed that
similar advertisements were published in the Manila Bulletin (August 2
and 6, 2000 issues) and the Philippine Star (August 5, 2000 issue)


5. Thus, Assistant Court Administrator Atty. Ismael Khan, Jr. filed an
administrative case against Atty. Simbillo for improper advertising
and solicitation of his legal services in violation of Rule 2.03 and Rule
3.01 of the Code of Professional Responsibility and Rule 138, Sec.
27 of the Rules of Court.
6. In his Answer, Atty. Simbillo admitted acts alleged but argued that a)
advertising and soliciting per se are not prohibited acts; b)that the
rationale behind prohibition should be abandoned as such acts are
not contrary to law, public policy and public order.
7. Case was referred to the Integrated Bar of the Philippines for
investigation, report and recommendation. IBP found that Atty.
Simbillo was guilty and was ordered to be suspended from practice
of law for 1 year with the warning that a repetition of similar acts
would be dealt with more severely
8. Atty. Simbillo filed a motion to reconsider but was denied.

Issue: WON decision of IBP was proper
Held: Yes
Ratio:
1. REPEATEDLY STRESSED: the practice of law is not a business. It is a
profession in which duty to public service and not money is the
primary consideration. The duty to public service and to the
administration of justice should be the primary consideration of
lawyers who must subordinate their personal interests or what they
owe to themselves.
A. The following elements distinguish the legal profession from a
business
1. A duty of public service, of which the emolument is a by-
product, and in which one may attain the highest eminence
without making much money;
2. A relation as an officer of the court to the administration of
justice involving through sincerity, integrity and reliability;
3. A relation to clients in the highest degree of fiduciary;
4. A relation to colleagues at the bar characterized by candor,
fairness and unwillingness to resort to current business
methods of advertising and encroachment on their practice,
or dealing directly with clients
2. CASE: Atty. Simbillo himself admitted that he committed the acts
which were complained of
A. Though Atty. Simbillo begs for repentance and courts indulgence,
his subsequent acts of advertising his legal services again (8
months after filing his answer) in August 14, 2001 issue of the
Buy and sell Free Ads Newspaper BELIES his contrition.
B. What adds gravity to Atty. Simbillos action was that his
advertising himself as an Annulment of Marriage Specialist. He
destroys the stability and sanctity of marriage as an institution.
He in fact, encourages people to dissolve marriage bonds
3. RULE: Solicitation of legal business is not altogether proscribed.
However, for solicitation to be proper, it must be compatible with the
dignity of the legal profession.
A. Use of simple signs stating the name(s) of lawyers is permissible
B. Even the use of calling cards is now acceptable.

Ethics Digest

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Ethics Digest

Uploaded by

Copyright:

Available Formats

ATTY. ALIMURUNG DIZON | LORESCA | LUMINARIAS | SANTOS, K.

| SY | TY | VILCHES 2-D || Ateneo Law School

You might also like