IN RE SHOOP

ISSUES
WON

NOTES
SHOOP can practice law in the PH considering PH

The PH Islands- a territory:

a. Comity would exist if we are a territory of the US

comity rule and New Yorks rule on Jurisprudence of the

b. We are NOT an organized territory incorporated

English Common Law

into the United States

c. We are NOT a "foreign country" or "another

FACTS
1)

2)

3)

MAX SHOOP is applying for admission to practice

country" either

law in the Philippines under Par. 4 of the Rules for

d. Like Puerto Rico, we may not be incorporated but

the Examination of Candidates for Admission to the

we are a territory since the US Congress legislates for

Practice of Law.
It was shown in his application that he was practicing

us and we have been granted a form of territorial

for more than 5 years in the highest court of the State

according to the US Atty. Gen. e. It is not believed that

government, so to that extent we are a territory

of New York.
Par. 4 of the Rules for the Examination of

the New York court intended the word "territory" to

be limited to the technical meaning of organized

Candidates for Admission to the Practice of Law

requires that:
a) Applicants

for

admission

who

have

territory or it would have used the more accurate

expression.

been

f. Therefore, we have a basis of comity to satisfy the

admitted to practice in the SC of the US or in any

first requirement since the full phraseology indicates

circuit CA or district court or in the highest court

a SWEEPING INTENTION to include ALL of the

of any state or territory of the US to which, the

sais state or territory by COMITY confers the
same privilege on attorneys admitted to the
b)

practice in the PH Islands

Those who can show by satisfactory affidavits

territory of the US
On Common Law Jurisdiction
COMMON LAW IN US
-

and statute law have come to be a very large

that they have practiced at least 5 years in any of

said
4)

courts

may

be

admitted

proportion of the law of the jurisdiction, the

without

remaining proportion being a system of case law

examination.
In contrast, The rule of New York court permits
admission without examination in several cases:
a) Any person admitted to practice and who has

which has its roots, to a large but not exclusive

-

highest law court in any other state or territory of

YORK
1) The New York court in referring to a jurisdiction

the American Union or in the District of

Columbia
Any person admitted to practice and who has

whose

practiced 5 years in another country whose

2)

jurisprudence is based on the principles of

5)

DECISION

jurisprudence

is

based

on

English

Common Law uses the phrase in a general sense

Such Common Law may become the basis of the
jurisprudence by decision of the courts where

English Common Law

In both cases, admission is in the discretion of the
court

degree, in the old English cases.

Jurisprudence of a particular jurisdiction is based
upon the principles of that Common Law
COMMON LAW ADOPTED BY DECISION IN NEW

practiced 5 years as a member of the bar in the

b)

In most of the States, including New York, codification

practical
-

considerations

and

the

effect

sovereignty gives ground for such decision

COMMON LAW IN PH

of

IN RE SHOOP
On COMMON LAW jurisdiction:

conform more or less to the American statutes, and-to a large extent

(On what principle/s is the present day jurisprudence based?)

in applying and expanding the remnants of the Spanish codes and

g. In most of the States, including New York, codification and statute law have
come to be a very large proportion of the law of the jurisdiction, the remaining

written laws.
k. PHILIPPINE STATUTE LAW

proportion being a system of case law which has its roots, to a large but not

i. The chief codes of Spain that were extended to us were as follows:

exclusive degree, in the old English cases.

Penal Code, Code of Commerce, Ley Provisional, Code of Criminal

h. In speaking of a jurisprudence "based on the English Common Law" it would

Procedure, and Code of Civil Procedure, Civil Code, Marriage Law,

seem proper to say that the jurisprudence of a particular jurisdiction Is based

Mortgage Law, Railway laws, Law of Waters.

upon the principles of that Common Law if its statute law and its case law to a

ii. There were also special laws having limited application.

very large extent includes the science and application of law as laid down by the

iii. The foregoing written laws had acquired the force of statute law

old English cases, as perpetuated and modified by the American cases.

by change of sovereignty.

i. Common Law adopted by decision:

iv. There was no properly called Case Law of Spain since Spanish

i. In the US, the ECL is blended with American codification and

jurisprudence does not recognize the principle of Stare Decisis.

remnants of the Spanish and French Civil Codes. There a legal

1. Manresa' s discussion of Art. 6 of the Civil shows how far from a

metamorphosis has occurred similar to that which is transpiring in

case law system is jurisprudence. Spanish courts are governed by:

this jurisdiction today.

a. 1st, by written law b.

ii. New York uses the phrase "based on the English Common Law" in
a general sense

2nd, by the customs of the place (derives its force because it is the
acknowledged

manner

on

how

things

are

done

and

not

iii. And that such Common Law may become the basis of the

jurisprudence) c. 3rd, by judicial decision (when in practice, these

jurisprudence of the courts where practical considerations and the

were considered last; the development of case law was impeded

effect of sovereignty gives round for such a decision.

because the courts were free to disregard any information or

iv. If in the Philippines, ECL principles as embodied in Anglo-

decisions of other courts.) d. 4th, by general principles of law l.

American jurisprudence are used and applied by the courts to the

SPANISH STATUTE LAW

extent that Common Law principles are NOT in conflict with the

i. All portions of political law were abrogated immediately with the

LOCAL WRITTEN laws, customs, and institutions as modified by the

change of sovereignty ii. All Spanish laws, customs, and rights of

change of sovereignty and subsequent legislation, and there is NO

property inconsistent with the Constitution and American principles

OTHER FOREIGN case law system used to any substantial extent,

and institutions were superseded. iii. It was as if Congress had

THEN it is proper to say in the sense of the New York rule that the

enacted new laws for the Philippines modeled upon those same

"jurisprudence" of the Philippines is based on the ECL.

Spanish statutes. m. CASES UNDER AMERICAN DERIVED

STATUTES i. It appears that the bulk of present day Statute Law is

j. IN THE PHILIPPINE ISLANDS:

i. The extent of the English or Anglo-Am Common Law here has not
been definitely decided by the SC. But there is a similarity to the
quotations from the American decisions cited with reference to the
ECL
ii. Alzua & Arnalot vs. Johnson: we apply Anglo-Am
jurisprudence only in "xxxso far as they are founded on
sound principles applicable to local conditions, and are not in conflict
with existing law; nevertheless, many of the rules, principles, and
doctrines of the Common Law have, to all intents and purposes, been
IMPORTED into this jurisdiction, a RESULT of the enactment of new
laws and the organization
of new institutions by the Congress of the USxxx"
iii. The Spanish judicial system was abrogated replaced with a new
one modeled after the judicial systems of the US. Therefore, those
Spanish doctrines and principles in conflict with the new one were
abrogated.
iv.US. v. De Guzman:
For proper construction and application of the terms and provisions
we borrowed from or modeled upon Anglo-Am precedents, we
review the legislative history of such enactments.
v.US. v. Abiog and Abiog:
The courts are constantly guided by the doctrines of Common Law.
Neither ECL or American Common
Law is in force in this Islandssave only in so far as
they are founded on sound principles applicable to local conditions
and aren't in conflict with existing law."
vi. What we have is a PHILIPPINE COMMON LAW influenced by
the ECL or American Common Law. vii. A great preponderance of
the jurisprudence of our jurisdiction is based upon Anglo- American
case law precedents-exclusively in applying those statutory laws
which have been enacted since the change of sovereignty and which

derivative from Anglo-American sources; derivative in a sense of

having been COPIED, and in the sense of having been enacted by
Congress or by virtue of its authority. ii. In all of the cases, AngloAmerican decisions and authorities are used and relied upon to a
greater or less degree. Although in many cases, the use is by way of
dictum, nevertheless, the net result is the building up of a very
substantial elaboration of Anglo-American case law. n. CASES
UNDER SPANISH STATUTES i. We use Anglo-Am cases in
interpreting and applying the remnants of the Spanish statutes thus
showing how permanent the hold of the Anglo-Am Common Law
has on our jurisprudence. ii. Anglo-Am case law plays a very great
part in amplifying the law on those subjects, which are still governed
by the remaining portions of the Spanish statutes, as exhibited in the
groups of cases cited in the footnotes. iii. Anglo-Am case law has
entered practically every field of law and in the large majority of such
subjects has formed the sole basis for the guidance of the Court in
developing jurisprudence. iv. The result is that we've developed a
Phil. Common Law which is based almost exclusively, except in cases
where conflicting with local customs and institutions, upon AngloAm Common Law. o. COLLATERAL INFLUENCES i. There are no
digests of Spanish decisions to aid the study of Bench and Bar vs. The
abundance of digests/reports/textbooks on English/Am. courts. ii.
There is a prolific use of Anglo-Am authorities in the decisions of the
court, plus, the available sources for study and reference on legal
theories are mostly Anglo-Am iii. Therefore, there has been
developed and will continue a common law in our jurisprudence (i.e.
Phil Common Law) based upon the ECL in its present day form of an
Anglo-Am CL, which is effective in all of the subjects of law in this
jurisdiction, in so far as it does not conflict with the express language
of the written law (where the remnants of the Spanish written law
present well-defined civil law theories) or with the local customs and
institution