Professional Documents
Culture Documents
FACTS
-Before election, Luis Tagorda
campaigned ,by using a card
written in Ilocano and Spanish,
that he is a lawyer and a notary
public; that as a notary public, he
can do notarial acts such as
execution of deed of sale, etc.;
that as a lawyer, he can help
clients collect debts, that he offers
free consultation and that he is
willing to serve the poor.
-When he won as provincial
board member, he wrote a letter
to the barrio lieutenant advising
the latter that even though he was
elected, he can still practice law
and that he wants the lieutenant
to tell the same to his people.
ISSUE
W/N Tagorda is guilty
of malpractice?
RULING
YES.
-The practice of soliciting cases at law for
the purpose of gain, either personal or
through paid agents or brokers, constitutes
malpractice.
-The court reiterate that the most worthy
and effective advertisement possible, even
for young lawyers 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. Solicitation of
business by circulars or advertisements, or
by personal communications or interviews
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 interests involved, the importance of
the lawyers position, and all other like selflaudation, defy the traditions and lower the
tone of our high calling, and are intolerable.
-Tagordas liability is however mitigated by
the fact that he is a young inexperienced
lawyer and that he was unaware of the
impropriety of his acts. So instead of being
W/N respondent
judge committed
gross ignorance of
law and grave
misconduct for
disregarding the
decision of CA?
Should mandamus
issue to compel the
fiscal to reinstate the
case?
PCGG vs Sandiganbayan
NO
-The matter or the act of respondent
Mendoza as Solicitor General involved in the
case at bar is 'advising the Central Bank, on
how to proceed with the said bank's
liquidation and even filing the petition for its
liquidation with the CFI of . In fine, the Court
should resolve whether his act of advising
the Central Bank on the legal procedure to
liquidate GENBANK is included within the
concept of 'matter under Rule 6.03.
-The 'matter where he got himself involved
was in informing Central Bank on the
procedure provided by law to liquidate
GENBANK thru the courts and in filing the
necessary petition. The subject 'matter of
Sp. Proc. No. 107812, therefore, is not the
same nor is related to but is different from
the subject 'matter in Civil Case No. 0096
which is about the sequestration of the
shares of respondents Tan, et al.
-The jurisdiction of the PCGG does not
include the dissolution and liquidation of
banks. It goes without saying that Code 6.03
of the Code of Professional Responsibility
cannot apply to respondent Mendoza
because his alleged intervention while a
Solicitor General in Sp. Proc. No. 107812 is
an intervention on a matter different from the
matter involved in Civil Case No. 0096.
-Secondly, the supposed intervention of
Mendoza in the liquidation case is not
significant and substantial. We note that the
were no sides.