19 KHAN V SIMBILLO

FACTS:
 An advertisement in Philippine Daily Inquirer came out which reads: “ANNULMENT OF MARRIAGE
SPECIALIST 532-4333/521-2667.”
 SC ordered its staff to call the number and ask some information.
 Espeleta called the number and the wife of Atty. Rizalino Simbillo answered who said that his husband
was an expert in handling annulment cases and guarantees a court decree within 4-6 month. The services
of Atty. Simbillo is for P48,000. half of which is payable at the filing of the case and the balance after the
decision has been rendered.
 Similar advertisement also appeared in The Philippine Star and Manila Bulletin.
 Khan, Assist. Court Administrator, filed a case against Simbillo for violating the Code of Professional
Responsibility, Rule 2.03 and 3.01.
 Simbillo admitted that he caused the advertisement but he argued that solicitation and advertisement is
not prohibited per se and that it is about time to change our views about the prohibition on advertising
and solicitation. He also said that the interest of the public is not served by the prohibition and suggested
that the ban be lifted.
 IBP recommended that Simbillo be suspended for 1 year and that repetition of similar act will be dealt with
more severely.
 While the case was being investigated upon by the court, Simbillo again advertised his legal services, for 2
times, in the Buy & Sell Free Ads Magazine.

ISSUE:
 W/N Simbillo violated the Code of Professional Responsibility

HELD:
 YES!
 Rule 2.03 provides a lawyer shall not do or permit to be done any act designed primarily to solicit legal
business while Rule 3.01 states that a lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
 It has been repeatedly stressed that the practice of law is not a business. It is a profession in which the
duty to public service, not money, is the primary consideration. The gaining of livelihood should be a
secondary consideration.
 Aside from advertising himself as an “Annulment of Marriage Specialist,” his assurance of his clients that
an annulment may be obtained in 4-6 months from the filing of the case encourages people, who might
other have 2nd thought, to dissolve their marriage.
 Solicitation of legal business is not proscribed. However, solicitation must be compatible with the dignity
of the legal profession. The use of simple signs stating the name/s of the lawyers, the office and
residence address and the fields of expertise, as well as advertisement in legal periodicals bearing the
same brief data, are permissible.
 The use of calling cards is now acceptable.