CASE NO.
11
IN RE: LUIS B. TAGORDA
March 23, 1929
Malcolm, J.
FACTS:
Luis B. Tagorda is a practicing attorney
and a member of the provincial board of
Isabela
He wrote in a card written in Spanish and
Ilocano saying:
As notary public, he can execute a deed of
sale for the purchase of land as req. by the
cadastral office he can help you collect loans
although long overdue
He also admits that he is the author of a
letter addressed to a lieutenant of barrio in
his home that says:
o Informing him that he will be
inducted as a member of the
provincial board and wants to ask for
suggestions
o He also said that despite
membership in the board, residence
in Echague
o Despite being part of the provincial
board exercise legal profession as
a lawyer and notary public
o He clarified that other people would
think that he would be DQ but thats
not true.
o Hes asking the Lt. to disseminate
the info to the barrio
Such acts violate Section 21 of the Code of
Civil Procedure with respect to disbarments
Act No. 2828 amended the section and
provided: The practice of soliciting cases
at law for the purpose of gain, either
personally or through paid agents or
brokers , constitutes malpractice
The Statute conforms to the principle of
Code of Professional Ethics adopted by the
American Bar Assoc. Canons 27 & 28
o Canon 27: Advertising, direct or
indirect most worthy and effective
adv of a lawyer is the
establishment of a well-merited
reputation of professional
capacity and fidelity to trust ;
solicitation of business by circulars
or advertisements, or by personal
communications or interview not
warranted by personal relations is
UNPROFESSIONAL.
o Canon 28: Stirring up litigation,
directly or through agents
unprofessional to volunteer advice to
bring a lawsuit and indictable at
common law
Common barratry frequently stirring up
suits and quarrels between individuals was
a crime at common law penalty : disbar
Solicitation of employment is a ground for
disbarment or suspension
ISSUE : Whether or not Atty. Tagorda violated
the Code of Professional Ethics
HELD: Yes, suspended from practice as an
attorney-at-law for the period of one month
from April 1, 1929
Law is a profession, not a business
The lawyer may not seek or obtain
employment by himself or through
others
Destructive of the honor of a great
profession
Lowers the standards of the profession
Fiscal of Isabela suggests that Tagorda
be reprimanded only
Mitigating circumstance : intimation that
he was unaware of the impropriety of
his acts ; his youth and inexperience at
the bar ; his promise not to commit a
similar mistake in the future
JTVS | 1M | Legal Ethics Digest | Batch II
 CASE NO. 12
ADRIANO E. DACANAY V. BAKER &
MCKENZIE et al.
Adm Case No. 2131 , May 10, 1985
Aquino, J.
FACTS:
Atty. Adriano Dacanay was admitted to
the bar in 1954
He sought to enjoin Juan Collas Jr. and
nine other lawyers from practicing law
under Baker & McKenzie, a law firm in
Illinois thru a verified complaint in
1980
Vicente A. Torres wrote a letter in Nov
1979 using the letter head of Baker &
McKenzie which contains the names of
the 10 lawyers asked Rosie Clurman
for the release of 87 shares of Cathay
Products Intl Inc to HE Gabriel, a client.
Atty. Dacanay denied any liability of
Clurman to Gabriel.
He asked if the lawyer of Gabriel is
Baker & McKenzie , and if not whats
the purpose of using the letterhead
of another law office no replies
filed AN INSTANT COMPLAINT
ISSUE: Whether or not Baker & McKenzie may
practice law in the Philippines
HELD: No, they cannot. Respondents are
enjoined from practicing law under the firm
name Baker & McKenzie
They are an alien law firm
B&M is a professional partnership in 1949
in Chicago, Ill with members and
associates in 30 cities around the world
Respondents are part of Guererro &
Torres and also members of B&M
Sol-Gen : the usage of B&M by
respondents constitutes a representation
that being assoc with the firm they could
render legal services of the highest quality
to multinational business enterprises and
others engaged in foreign trade
UNETHICAL because B&M is not
authorized to practice law in PH
CASE NO. 10/13
DIRECTOR OF RELIGIOUS AFFAIRS V.
ESTANISLAO BAYOT
Adm. Case No 1117 , Mar. 20 , 1944
Ozaeta, J.
FACTS:
Atty. Bayot is an atty-at-law charged for
malpractice for publishing an ad in the
SUNDAY TRIBUNE on June 13, 1943
In the ad:
Marriage license promptly secured and avoid
delay ; consultation on any party free for the
poor
Bayot first DENIED publishing the ad
Thru his atty, he admitted it and prayed for
indulgence & mercy
He promised not to repeat such
professional misconduct in the future and to
abide by the ethical rules
He also alleged that it was published only
once in the tribune and that he never had
any case at law by reason
Brought to the SC
ISSUE: Whether or not Bayot violated the ethical
rules of profession with the said advertisement
HELD: Yes he did. He should be reprimanded
The SC held that it is undeniable that it was
a flagrant violation
Its a brazen solicitation of business from
the public
Sec 25, Rule 127 : provides that th practice
of soliciting cases at law for the purpose of
gain, either personally or thru paid agents
or brokers constitutes malpractice
Unethical for an attorney to advertise his
talents or skills as merchant advises his
wares
LAW IS A PROFESSION AND NOT A
TRADE
A Lawyer degrades himself and his
profession who stoops and adopts
practices of mercantilism by advertising his
services or offering them to the public.
JTVS | 1M | Legal Ethics Digest | Batch II
CASE NO. 14
JOSE P. UY AND RIZALINA C UY V. JUDGE
TERESITA DIZON-CAPULONG
Adm. Matter No. RTJ-91-766 , April 7,1993
Per Curiam
FACTS:
Judge Teresita Dizon- Capulong is the
presiding judge of the RTC of
Valenzuela
She was charged for gross
incompetence, gross ignorance of the
law and grave misconduct
o Filed by Jose Uy and Rizalina Uy
relative to the Special
Proceeding for the settlement of
the estate of the late Ambrocio
Pingco
Herminia R. Alvos niece of Paz
Ramirez, wife of Ambrocio filed with
RTC a petition for settlement of the
estate of Ambrocio
Two days after, Dizon-Capulong
appointed Alvos as special
administratrix under Rule 80 of the
RoC
Counsel of Alvos filed for an urgent
motion stating that two parcels of land of
Amboricio and Paz has been sold to
the Uys who registered the sale with
the register of deeds
Counsel requested the court to direct
the register of deeds of Valenzuela to
freeze any transaction without the
signature of Alvos
Judge DC granted the motion
Thus, the register of deeds reported on
the status of the titles to the properties
subject of the freeze order.
RoD informed the Court that Ambrocio
and Paz executed a DEED OF
ABSOLUTE SALE 15 parcels of land
deed of sale, new transfer cert of title
were issued in the name of the Uys
However, counsel of Alvos filed an
urgent motion to cancel the titles
saying that it was obtained through
fraud and the signatures of the vendors
were forged
JTVS | 1M | Legal Ethics Digest | Batch II
Judge DC then cancelled the titles in
the name of Uy and reinstated the
names of Ambrocio and Paz
Jose Uy now filed with CA a petition to
annul the reinstatement and asked for a
TRO joining the reg of deeds from
implementing the order and that Judge
DC be restrained from further
proceeding against him
Reg of Deeds cancelled the cert of sale
and reinstated the title to ambrocio and
paz
Court of Appeals GRANTED the
petition for certiorari and prohibition a
probate court has no authority to decide
questions of ownership of property,
personal or real
Alvos sought a reconsideration from
CA and the same was denied
Alvos now filed with SUPREME
COURT a petition on certiorari of the
decision of the CA
Judge DC thereafter approved a project
of partition filed by Alvos with Paz and
Alicia which covers the parcels of land
in Bulacan were reverted in the name of
Ambrocio
Judge DC then ordered the reg of
deeds of Valenzuela and manila to
cancel the titles in the name of
Ambrocio and Paz and issue new ones
in favor of those in the approved project
Reg of deeds followed it
SC AFFIRMED CA DECISION :
o Sec 6, rule 87 of RoC does not
give the court the power to
determine the question of
ownership of such property
Judge DC granted the ex-parte petition
of Alvos for approval of deed of
absolute sale ; and did so again for 3
parcels of land ; Judge DC disregarded
the decision of the CA and the
affirmation of the SC
The Uys claim that Judge DC continued
issuing the orders in spite of the CAs
decision. Likewise with the SC
Judge DC alleges that the filing of the
complaint against her is merely to
harass her.
ISSUE: Whether or not Judge Dizon-Capulong is Absence of TRO not sufficient justification
in excess of her jurisdiction for Judge to issue subsequent orders
She exceeded her jurisdiction in cancelling
HELD: YES. She is guilty of gross ignorance of the titles
the law and grave misconduct prejudicial to WILLFUL DISOBEDIENCE AND
the interest of judicial service dismissed DISREGARD = grave and serious
from service with forfeiture of all retirement misconduct
benefits, with prejudice to reinstatement or
reemployment in any branch of the govt,
agencies, instrumentalities, GOCC
The SC is far from persuaded by Judge DC
Charges against her is meritorious and
supported by the records
No need to conduct another formal
investigation
Her acts are indicative of gross ignorance
of the law and grave misconduct prejudicial
to the public interest :
o Cancelling on mere motion of a party
the titles of the complainants who
were not parties to a case
o Issued two orders which disregarded
the decision of the CA
o Issued another order authorizing the
sale of other properties previously
titled in the name of complainants
despite the directive of the CA for
her to desist from proceeding
against the UYs
o Issued two more orders approving
deeds of sale even after SC had
already affirmed the deicison of the
CA annulling her order
Blatant disobedience to the lawful orders of
superior courts and belie any claim that she
rendered the orders in good faith
JUDGE
o Visible representation of law and
justice from whom the people draw
their will and awareness to obey the
law
o Abide by the law and weave an
example for others to follow
o Studiously careful to avoid even the
slightest infraction of the law
o Should be cognizant of the basic
principles
Aggravated by her refusal to abide by
decision of CA

JTVS | 1M | Legal Ethics Digest | Batch II

CASE NO. 15
OMAR P. ALI V. ATTY. MOSIB A. BUBONG
A.C. No. 4018 , March 8,2005
Per Curiam
FACTS:
A verified petition for disbarment was filed
against Atty. Mosb Ali Bubong for having
been found guilty of grave misconduct
while being the Register of Deeds of
Marawi city
This is an off-shoot admin case earlier filed
by Ali against Bubong
Bubong was charged with illegal exaction,
indiscriminate issuance of transfer of cert
title, and manipulating the criminal
complaint filed against Datu and others for
the violation of the Anti-Squatting Law
Initial inquiry was in favor of Bubong
dismissed for lack of merit and evidence
Case forwarded to DOJ for review Drilon
exonerated Bubong of illegal exaction and
infidelity in the custody of the docu
BUT found guilty of grave misconduct for
his imprudent issuance of Transfer cert title
and manipulating the criminal case for
violation of Anti-Squatting Law
FVR thereafter issued Admin Order No. 41
ordering Bubong be dismissed from govt
service
Bubong through a petition for certiorari,
mandamus, and prohibition questioned the
AO that the office of the pres did not have
authority and jurisdiction to remove him
from office
In a resolution, SC dismissed petition for
failure of petitioner to prove that Bubong
committed grave abuse of discretion in
issuing the questioned order
Ali alleges that Bubong proved himself to
be unfit to be further entrusted with the
duties of an attorney ; he poses a serious
threat to the integrity of the legal profession
Bubongs conention:
o Nothing irreg with issuance of TCT
o Both law and jurisprudence support
his stance that it was his ministerial
duty to act on applications for land
reg on the basis only of the
documents presented by the
applicaants
o He had nothing to do with dismissal
of the criminal complaint
SC referred this matter to the IBP
Transfer of venue to Western Mindanao
region IBP agreed by both parites
Atty. Bernardino , Director for Bar
Discipline, wrote a letter to Gov. Jabido
(pres of IBP Cotabato chapter) requesting
Jabido to receive the evidence in this case
and to submit his recommendation
Bubong prayed to transfer the records from
Cotabato to Marawi City set aside by the
IBP governors
Bubong insists that IBP Cotabato does not
have authority to conduct investigation
because he is a part of Marawi city
Bubong did not bother to submit a position
paper
Bainar A. Ali , daughter of Omar Ali,
informed CBD Mindanao about the death of
her father she was requesting the
withdrawal of the case in interest of peace
and Islamic brotherhood
Bubong then asked to designate and
authorize IBP Marawi to investigate but the
same was denied
ISSUE: Whether or not Bubong may be disbarred
for grave misconduct while he was in the employ
of the government
HELD: Yes. Atty. Bubong is disbarred and his
name is ordered stricken from the roll of
Attorneys
Violation of Canon 6 of the Code of
Professional Responsibility
o Shall apply to lawyers in the
government service in the discharge
of their official tasks
A lawyers misconduct as a government
official is of such moral delinquency, then
he may be disciplined as a member of the
bar on such grounds
General rule : lawyer who holds a
government office may not be disciplined
as a member of the bar for infranctions he
committed as a government official
JTVS | 1M | Legal Ethics Digest | Batch II
 o EXCEPTION: he may be disciplined
as a lawyer if his misconduct
constitutes a violation of his oath a
member of the legal profession
His grave misconduct deals with his
qualification as a lawyer
Bubong demonstrated his unfitness not
only to perform the functions of a civil
servant but also to retain his membership in
the bar.
RULE 6.02: A lawyer in the government
service shall not use his public position to
promote or advance his private interests,
nor allow the latter to interfere with his
public duties
With respect to Bainars request, SC cannot
possibly favorably act on the same as
proceedings of this nature cannot be
interrupted or terminated by reason of
desistance prosecuted solely for public
welfare

JTVS | 1M | Legal Ethics Digest | Batch II

CASE NO. 16
FORTUNATO N. SUAREZ V. SERVILLANO
PLATON
No. 46371 , February 7, 1940
Laurel, J.

FACTS:

JTVS | 1M | Legal Ethics Digest | Batch II