Skip to main content

The Director of Religious Affairs v. Estanislao Bayot A.C. No. L-1117 March 20, 1944

Facts:
Estanislao Bayot caused the publication of an advertisement of his services in the Sunday Tribune, in direct violation of the provision of Section 25, Rule 127 which imposes a prohibition on soliciting cases at law for the purpose of gain either personally or through paid agents or brokers.
Issue:
Whether or not respondent is guilty of malpractice
Held:
Yes. His act of causing the publication of an advertisement constitutes malpractice. Law is a profession and not a trade. A member of the bar degrades himself or herself in adopting the practices of mercantilism through advertising his or her services like a merchant advertising wares.
However, considering the fact that Bayot is a young lawyer and that he promises to refrain from repeating the same misconduct, the Court exercised leniency. He was merely reprimanded for his violation and he was reminded that the most effective advertisement possible is the establishment of a well-merited reputation for professional capacity as well as fidelity to trust.
 Full Text
Labels:

Comments

Post a Comment

Popular posts from this blog

Norberto Tibajia Jr. amd Carmen Tibajia v. Court of Appeals and Eden Tan G.R. No. 100290; June 4, 1993

Facts: Eden Tan acquired a favorable judgment against spouses Tibajia in a collection suit. To satisfy the judgment debt, the spouses Tibajia delivered cash and cashier's check to the Deputy Sheriff. Eden Tan refused to accept the payment made by the spouses Tibajia. She insisted that the garnished funds be deposited with the cashier of the RTC to be withdrawn as satisfaction of the judgment debt. The spouses Tibajia filed a motion to lift the execution order on the ground that they had already paid the judgment debt. Their motion was denied by the RTC on the ground thjat the check is not a payment in legal tender. The CA affirmed the RTC's decision. Hence, this petition for review. Issue: Whether or not payment by means of a check is considered as payment in legal tender as required by the Civil Code and the Central Bank Act Held: No. A check, whether a manager's check or an ordinary check, is not a legal tender and an offer of a check in payment of a debt is...
Post a Comment
Read more

Sophia Alawi v. Ashary M. Alauya A.M. No. SDC-97-2-P February 24, 1997

Facts: Ashary Alauya transacted with Sophia Alawi to avail of a contract for the purchase of one housing unit from EB Villarosa & Partner Co. Ltd., a real estate and housing company. Shortly thereafter Alauya wrote to the company expressing his intent to render the contract void ab initio. Several correspondences ensued, all of which were signed by Alauya as ATTY. ASHARY M. ALAUYA. Alauya is a member of the Sharia Bar and for that matter he is a counselor-at-law. Alauya claims that he does not use the title of counselor-at-law for fear of being mistaken as a local legislator, i.e. councilor. Hence, he affixed the title of attorney before his name. Alawi filed a verified complaint against Alauya, alleging, among others, that Alawi usurped the title of an attorney which is reserved only for the members of the Philippine Bar. Issue: Whether or not Alauya's membership in the Sharia Bar endows him the title of an attorney Held: No. Alauya is hereby reprimanded for usurpin...
Post a Comment
Read more

Law School Materials

When we asked our professor what book to use, he smirked and said: "Read all" so I complied a list of materials that will hopefully help you hurdle your first year (first semester) in law school. First Year, First Semester Persons and Family Relations   Persons and Family Relations by Atty. Elmer Rabuya   Read this for a quick introduction to the subject. This will save you during recitations if you have not read Sta. Maria Jr.   Persons and Family Relations Law by Atty. Melencio Sta. Maria Jr. Read this if you have more time. This book is very comprehensive.  Criminal Law 1 Revised Penal Code Book 1 by Justice Luis B. Reyes No matter what book your professor recommends, if you want to have a strong foundation, please read Reyes. Compact Reviewer in Criminal Law by Atty. Leonor Boado Please read this ONLY IF you have finished Reyes or you could use the books side-by-side. It is what it is - a reviewer - so don't expect comprehensive explanations...
Post a Comment
Read more