ATTY. ISMAEL KHAN V.

ATTY RIZALINO SIMBILLO

FACTS
A paid advertisement in the Philippine Daily Inquirer was published which reads: Annulment of Marriage Specialist
[contact number]. Espeleta, a staff of the Supreme Court, called up the number but it was Mrs. Simbillo who answered. She
claims that her husband, Atty. Simbillo was an expert in handling annulment cases and can guarantee a court decree within
4-6mos provided the case will not involve separation of property and custody of children. It appears that similar
advertisements were also published.
An administrative complaint was filed which was referred to the IBP for investigation and recommendation. The IBP
resolved to suspend Atty. Simbillo for 1year. Note that although the name of Atty. Simbillo did not appear in the
advertisement, he admitted the acts imputed against him but argued that he should not be charged. He said that it was time
to lift the absolute prohibition against advertisement because the interest of the public isnt served in any way by the
prohibition.
ISSUE
Whether or not Simbillo violated Rule2.03 & Rule3.01.
HELD
Yes!
The practice of law is not a business --- it is a profession in which the primary duty is public service and money.
Gaining livelihood is a secondary consideration while duty to public service and administration of justice should be primary.
Lawyers should subordinate their primary interest.
Worse, advertising himself as an annulment of marriage specialist he erodes and undermines the sanctity of an
institution still considered as sacrosanct --- he in fact encourages people otherwise disinclined to dissolve their marriage
bond.
Solicitation of business is not altogether proscribed but for it to be proper it must be compatible with the dignity of
the legal profession. Note that the law list where the lawyers name appears must be a reputable law list only for that purpose
--- a lawyer may not properly publish in a daily paper, magazineetc., nor may a lawyer permit his name to be published the
contents of which are likely to deceive or injure the public or the bar.
IN RE: TAGORDA
Facts:
Luis Tagorda was a member of the provincial board of Isabela. Previous to the last election, he admits that he made
use of a card written in Spanish containing the fact that he was a candidate for third member of the Province of Isabela &
offering services as notary public (such as free consultation, execution of deed of sale, etc.). He also admits that he wrote a
letter addressed to a lieutenant of a barrio if his home municipality saying that he will continue his practice of law and for the
lieutenant to make known to the people of his desire to serve as lawyer & notary public (including his services to handle land
registration cases for P3/every registration).
Issue:
W/N acts of Tagorda constituted advertising
Held:
Yes, Tagorda is in a way advertising his services and is contrary to the Canons of Professional Ethics. Solicitation of
business by circulars or advertisements, or by personal communications or interviews not warranted by personal relations is
unprofessional. His acts warrant disbarment, but because of the mitigating circumstance of his youth and inexperience, he is
therefore suspended.
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. It is also unprofessional for a lawyer to volunteer advice to
bring lawsuit. Lastly, solicitation of cases result in the lowering of the confidence of the community and integrity of
the members of the bar (as it results in needless litigations and in incenting to strife otherwise peaceful citizens).

CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the defenseless or oppressed.
Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall not refuse to render legal
advise to the person concerned if only to the extent necessary to safeguard latters rights.
Rule 2.03 a lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
Primary characteristics which distinguish the legal profession from business;
duty of service, of which the emolument is a by product, and in which one may attain the highest
eminence without making such money;
a relation as an officer of court to the administration of justice involving thorough sincerity, integrity and
reliability;
a relation to clients in the highest degree of fiduciary;
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 with their clients.
Defenseless not in the position to defend themselves due to poverty, weakness, ignorance or other
similar reasons.
Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the
establishment of a well-merited reputation for professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise nor 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 or concerning the manner of their
conduct, the magnitude of the interest involved, the importance of the lawyers position, and all other self-laudation.
Exceptions/ Permissible advertisements:
Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of
brief biographical and informative data, are allowed.
Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm
which he is connected with, address, telephone number and the special branch of law practiced.
A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm
name or office address, being for the convenience of the profession, is not objectionable.
Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it
is proper such as his place of business or residence except courtrooms and government buildings.
Advertisements or announcement in any legal publication, including books, journals, and legal
magazines.
Rule 2.04 A lawyer shall not charge rates lower than those customarily or prescribed, unless
circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between parties, just
because his attorneys fees were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without clients consent (special authority). Exception:
Lawyer has exclusive management of the procedural aspect of the litigation (e.g. Submission for decision on the
evidence so far presented. But in case where lawyer is confronted with an emergency and prompt/urgent action is
necessary to protect clients interest and theres no opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.
Valid Justification: relatives, co-lawyers, too poor
CANON 3 A lawyer in making known is legal services shall use only true, honest, fair dignified and
objective information or statement of facts.
Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-auditory or unfair statement or claim regarding his qualifications or legal services.

Violation of Rule 3.01 is unethical, whether done by him personally or through another with his
permission.
Rule 3.02 In the choice of a firm name, no false, misleading, or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates in all its
communication that said partner is deceased.
Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently.
Rule 3.04 A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
It is unethical to use the name of a foreign firm.
Death of a partner does not extinguish attorney-client relationship with the law firm.
Negligence of a member in the law firm is negligence of the firm.