Case Summary (G.R. No. 32329)
Petitioner
The People of the Philippine Islands, represented by the Provincial Fiscal of Isabela and the Attorney-General’s representative.
Respondent
Luis B. Tagorda, Esq., provincial board member and notary public, charged with unprofessional solicitation of legal business.
Key Dates
• September 18, 1928 – Date of the Ilocano letter to a barrio lieutenant.
• March 23, 1929 – Date of the Supreme Court decision.
• April 1, 1929 – Effective start of suspension period.
Applicable Law
• Section 21, Code of Civil Procedure, as amended by Act No. 2828 (1919): prescribing malpractice for soliciting cases to gain clients.
• Canons 27–28, Philippine Bar Association Code of Professional Ethics (1917):
– Canon 27 prohibits direct or indirect advertising beyond simple business cards;
– Canon 28 forbids stirring up litigation or using agents to procure clients.
Facts
- Tagorda authored and distributed a bilingual card announcing his candidacy for the Provincial Board and advertising his services as attorney and notary public.
- He wrote a letter to a barrio lieutenant inviting referrals and promising legal and notarial services, including on Sundays and at fixed rates.
- Tagorda conceded authorship and distribution of both the card and the letter.
Issue
Whether Tagorda’s use of printed campaign cards and letters to solicit legal and notarial business constituted malpractice under Section 21, Code of Civil Procedure (as amended), and violations of the Canons of Professional Ethics.
Ruling
The Supreme Court found that Tagorda had violated the statutory prohibition against soliciting cases and breached Canons 27 and 28.
Reasoning
• Solicitation by circulars, advertisements, or personal communications not grounded in prior personal relations is “unprofessional” and constitutes malpractice under Act No. 2828.
• Direct or indirect advertisement aimed at securing clients lowers the standards of the legal profession and encourages needless litigation.
• Stirring up litigation or using intermediaries to procure clients is indictable a
Case Syllabus (G.R. No. 32329)
Facts of the Case
- Respondent Luis B. Tagorda was a practicing attorney and member of the Provincial Board of Isabela.
- Prior to the general elections, Tagorda distributed a printed card in Spanish and Ilocano, advertising his services as attorney, notary public, and candidate for the third member of the Provincial Board.
- The card promised free consultation, assistance in executing deeds of sale, renewing lost animal documents, preparing homestead applications, and collecting overdue loans or complaints.
- Tagorda authored and circulated a detailed Ilocano letter to a barrio lieutenant, informing residents of his residency, availability on Sundays, and intention to continue practicing law and notarial work despite holding office.
- In that letter, he offered to handle court work on land-title registration at a reduced fee of three pesos per registration and requested dissemination of this information among barrio constituents.
Governing Legal Provisions
- Section 21 of the Code of Civil Procedure (as amended by Act No. 2828, 1919) declares the solicitation of cases for gain—whether personally or through agents—a form of malpractice subject to disbarment.
- Canon 27 of the Canons of Professi