ALS2014B

LEGAL ETHICS DIGESTS

JUSTICE HOFILENA

INTRODUCTION
1 - Religious Affairs v. Bayot (1955) (advertisement)
Doctrines:

Law is a profession and not a trade.

Section 25 of Rule 127 provides that the practice of soliciting cases at law for purpose of gain, either
personally or thru paid agents of brokers, constitutes malpractice.

Facts:
Attorney Estanislao Bayot is charged with malpractice for publishing an advertisement in the Sunday Tribune on
June 13, 2943. It states that he provides the service of securing marriage licenses and performing marriage ceremonies.
Marriage license promptly secured thru our assistance & the annoyance of delay publicity avoided
if desired, and marriage arranged to wishes of parties. Consultation on any matter free for the
poor. Everything confidential.
Legal assistance service
12 Escolta, Manila, Room, 105
Tel. 2-41-60.
Initially, he appeared in his own behalf and denied having the advertisement published. Subsequently, he
admitted, through his attorney, that he caused its publication. He asked for the indulgence and mercy of the Court,
promising not to repeat such professional misconduct in the future and to abide himself to the strict ethical rules of the
law profession. He added that it was only published once and that he never had any case by reason of the advertisement.
Issues:
1. W/N the advertisement is a violation of legal ethics.
Held/Ratio:
1. YES.
Section 25 of Rule 127 provides that the practice of soliciting cases at law for purpose of gain, either personally
or thru paid agents of brokers, constitutes malpractice. It is highly unethical for an attorney to advertise his
talents as a merchant advertises his wares. By advertising his services, the lawyer degrades himself and his
profession. The most worth and effective advertisement possible, even for a young lawyer, ... 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. (Canon 27, Code of Ethics.)
In the Tagorda case, the attorney involved repeatedly made solicitations. As a result, he was suspended from the
practice of law. This case is less serious in nature. Considering Bayots plea for leniency and his promise to not
repeat his actions, the Court merely reprimanded Bayot.

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2 - In Re: Cunanan (1954) (Bar Flunkers Law)

Doctrines:

It is the primary and inherent prerogative of the Supreme Court to render the ultimate decision on who may be
admitted and may continue in the practice of law according to existing rules.

Facts:
Unsuccessful candidates who obtained averages of a few percentage lower than those admitted to the Bar agitated
in Congress for, and secured in 1951 the passage of Senate Bill No. 12 which, among others, reduced the passing general
average in bar examinations to 70 per cent effective since 1946. The President requested the views of this court on the bill.
Complying with that request, seven members of the court subscribed to and submitted written comments adverse thereto,
and shortly thereafter the President vetoed it. Congress did not override the veto. Instead, it approved Senate Bill No. 371,
embodying substantially the provisions of the vetoed bill. Although the members of this court reiterated their unfavorable
views on the matter, the President allowed the bill to become a law on June 21, 1953 without his signature.
Republic Act Number 972, commonly known as the Bar Flunkers Act of 1953 admitted to the bar those
candidates (they took they Bar examinations during the war so reading materials were scarce) who had obtained an
average of 72 per cent by raising it to 75 percent. After its approval, many of the unsuccessful postwar candidates filed
petitions for admission to the bar invoking its provisions, while other motions for the revision of their examination papers
were still pending also invoked the aforesaid law as an additional ground for admission. There are also others who have
sought simply the reconsideration of their grades without, however, invoking the law in question.
Issues:
1. W/N RA No. 972 is constitutional and valid.
Held/Ratio:
1. No.
The law decrees the admission to the Bar of these candidates, depriving this Tribunal of the opportunity to
determine if they are at present already prepared to become members of the Bar. It obliges the Tribunal to
perform something contrary to reason and in an arbitrary manner. This is a manifest encroachment on the
constitutional responsibility of the Supreme Court.
A judgment revoking the resolution of this Court on the petitions of these 810 candidates, without having
examined their respective examination papers, and although it is admitted that this Tribunal may reconsider said
resolution at any time for justifiable reasons, only this Court and no other may revise and alter them. In
attempting to do it directly Republic Act No. 972 violated the Constitution.
By the disputed law, Congress has exceeded its legislative power to repeal, alter and supplement the rules on
admission to the Bar. It is the primary and inherent prerogative of the Supreme Court to render the
ultimate decision on who may be admitted and may continue in the practice of law according to existing
rules.

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