IN

RE: PETITION OF GARCIA FOR ADMISSION TO THE PHILIPPINE BAR WITHOUT TAKING THE
EXAMINATION.

August 15, 1961

FACTS: Arturo E. Garcia (petitioner), a Filipino citizen, born in Bacolod City, applied for the
admission to practice law without taking the bar examination. He contended that in Spain, he
finished the course “Bachillerato Superior”, was selected by the “Instituto de Cervantes” for
admission to the Central University of Madrid, and graduated as “Licenciado En Derecho” which
qualified him to practice practice the law profession. On his basis, he argued that under the
provisions of the Treaty on Academic Degrees and the Exercise of Professions between the
Republic of the Philippines and the Spanish state, he is entitled to practice the law profession in
the Philippines without taking the bar examinations.

ISSUE: Whether or not the Treaty on Academic Degrees can be applied to the case at bar.

RULING: No, the petition must be dismissed.

Under Article 11 of the The Treaty on Academic Degrees and the Exercise of Professions between
the Republic of the Philippines and the Spanish state only governs Filipino citizens desiring to
practice their profession in Spain, and the citizens of Spain desiring to practice their profession
in the Philippines.

It is also clear in the Treaty that the privileges are made expressly subject to the laws and
regulations of the contracting State. Any person who wishes to practice law as a profession must
comply with the requirements provided by the State and the invoked Treaty cannot modify or
alter the requirements prescribed in our laws governing the admission to the bar.