Rommil P.

Nunez 1st Year Section A (5-year Curriculum)

Topic : Practice of Law; Requirement of Good Moral Character

[B. M. No. 1036. June 10, 2003]

DONNA MARIE S. AGUIRRE, complainant, vs. EDWIN L. RANA, respondent.
DECISION
CARPIO, J.:

Facts:
Edwin L. Rana (Respondent) was among those who passed the 200 Bar Examinations. On
May 22, 2001 the Court allowed him to take his oath as a member of the Bar but has not
signed the Roll of Attorneys. The court ruled that the case filed on May 21, 2001 against the
respondent should be resolved first before he can sign the Roll of Attorneys.

Complainant charges respondent for unauthorized practice of law and grave misconduct. On
the charge of violation of law, complainant claims that respondent is a government employee
and works as a secretary of the Sangguniang Bayan of Mandaon, Masbate. As such,
respondent is not allowed by law to act as counsel for a client in any court or administrative
body. On the charge of grave misconduct and misrepresentation, complainant claims that
respondent acted as counsel for a politician during the 2001 elections.

The Court required respondent to comment on the complaint against him. The respondent
commented that vice mayoralty candidate George Bunan ask the respondent to represent him
before the MBEC not as a lawyer but as a person who knows the law. Also the respondent
stated in his comment that he resigned before the complained acts happen.

The Court referred the case to the Office of the Bar Confidant (OBC) for evaluation, report and
recommendation on July 21, 2001. They found that indeed the respondent appeared before
the MBEC as a counsel for Bunan. The OBC recommended that the respondent be denied
admission to the Philippine Bar.

Issue:
Whether the respondent engaged in unauthorized practice of law and should be denied
admission to the Bar.

Ruling:
Yes, the respondent should not be admitted to the Philippine Bar on the grounds of
unauthorized practice of law.

The Court held that practice of law means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and experience. To engage in the
practice of law is to perform acts which are usually performed by members of the legal
profession. Generally, to practice law is to render any kind of service which requires the use of
legal knowledge or skill.

The right to practice law is not a natural or constitutional right but is a privilege. It is limited to
persons of good moral character with special qualifications. The practice of law is a privilege
that can be withheld even from one who has passed the bar examinations, if the person
seeking admission had practiced law without a license.

On the charge of grave misconduct and misrepresentation, evidences showed that Bunan
indeed authorized respondent to represent him as his counsel before the. While there was no
misrepresentation, respondent had no authority to practice law. He passed the Bar Exam, has
taken the oath but was not able to sign the Roll of Attorney.

The court agreed with the OBC’s findings and ruled that respondent Edwin L. Rana is DENIED
admission to the Philippine Bar.