Case Summary (G.R. No. 172184)
Facts of the Case
Bayot caused to be published an advertisement offering assistance in securing marriage licenses, confidential consultations, and free legal advice for the poor. Initially denying authorship, he later admitted responsibility through counsel, pleaded for indulgence and mercy, promised not to repeat the misconduct, and noted that the advertisement appeared only once with no ensuing cases.
Ethical Violation
The Court found the advertisement to be a brazen solicitation of business, in direct contravention of Section 25, Rule 127, which classifies the practice of soliciting cases for gain—personally or through agents—as malpractice. Attorneys must avoid mercantile practices and rely on reputations earned through professional capacity and fidelity, as emphasized in Canon 27 of the Code of Ethics.
Precedential Authority
In In re Tagorda (53 Phil. 37), an attorney was suspended for one month for repeated and elaborate solicitations via circular letters. While Tagorda’s conduct was more serious due to its frequency and insistence, the single instance in Bayot’s case warranted a lighter sanction.
Ruling
...continue readingCase Syllabus (G.R. No. 172184)
Procedural Posture
- Administrative Case No. 1117 heard by the Supreme Court of the Philippines on March 20, 1944.
- The Director of Religious Affairs filed a complaint against Estanislao R. Bayot, an attorney-at-law, charging him with professional malpractice.
- Case submitted on the parties’ papers and oral arguments; respondent initially denied but later admitted the facts and sought leniency.
Facts
- On June 13, 1943, an advertisement appeared in the Sunday Tribune bearing Bayot’s name and contact details.
- The advertisement offered prompt assistance in securing marriage licenses, avoidance of delays or publicity, confidential arrangements, and “free consultation for the poor.”
- It included the address “12 Escolta, Manila, Room 105” and telephone number “2-41-60.”
- Bayot admitted responsibility for the single publication and asserted no legal cases arose from it.
Applicable Rule and Ethical Standard
- Section 25 of Rule 127 of the Rules of Court: “The practice of soliciting cases at law for the purpose of gain, either personally or thru