Khan vs. Simbillo, A.C No.

5299, August 19, 2003

FACTS:

A paid advertisement in the Philippine Daily Inquirer was published which reads:“Annulment of
Marriage Specialist [contact number]”. Espeleta, a staff of the Supreme Court, called up the number
but it was Mrs. Simbillo who answered. She claims that her husband, Atty. Simbillo was an expert in
handling annulment cases and can guarantee a court decree within 4-6mos provided thecase will not
involve separation of property and custody of children. It appears that similar advertisements were
also published.An administrative complaint was filed which was referred to the IBP for investigation
and recommendation. The IBP resolved to suspend Atty. Simbillo for 1year. Note that although the
name of Atty. Simbillo did not appear in the advertisement, he admitted the acts imputed against him
but argued that he should not be charged. He said that it was time to lift the absolute prohibition against
advertisement because the interest of the public isn’t served in any wayby the prohibition.

ISSUE:

Whether or not Simbillo violated Rule2.03 & Rule3.01.

HELD:

Yes!The practice of law is not a business --- it is a profession in which the primary duty is public service
and money. Gaining livelihood is a secondary consideration while duty to public service and
administration of justice should be primary. Lawyers should subordinate their primary interest.Worse,
advertising himself as an “annulment of marriage specialist” he erodes and undermines the sanctity
of an institution still considered as sacrosanct --- he in fact encourages people otherwise disinclined
to dissolve their marriage bond.Solicitation of business is not altogether proscribed but for it to be
proper it must be compatible with the dignity of the legal profession. Note that the law list where the
lawyer’s name appears must be a reputable law list only for that purpose --- a lawyer may not properly
publish in a daily paper, magazine…etc., nor may a lawyer permit his name to be published the
contents of which are likely to deceive or injure the public or the bar.