Public International Law

August 15, 1961

IN RE: PETITION OF ARTURO EFREN GARCIA for

admission to the Philippine Bar without taking the
examination. ARTURO EFREN GARCIA, petitioner.

Facts:

Arturo Garcia is a Filipino citizen who graduated from the College

of Law of the Central University of Madrid with the degree of
“Licenciado en Derecho,” which entitled him to practice law in
Spain. Invoking the Treaty of Academic Degrees and the Exercise
of Professions between the Philippines and Spain, he has applied
for admission to the practice of law in the Philippines without
submitting to the required bar examinations.

Issue:

Whether a graduate of a foreign law school may practice law in the

Philippines without submission to the required bar examinations

Ruling:

No, a graduate of a foreign law school may not practice law in the
Philippines without submission to the required bar examinations.

The applicant is a Filipino citizen who is subject to the laws of his

own country and is not entitled to the privileges extended to
Spanish nationals desiring to practice their profession in the
Philippines. The Treaty of Academic Degrees and the Exercise of
Professions between the Philippines and Spain was intended to
govern Filipino citizens desiring to practice their profession in
Spain, and the citizens of Spain desiring to practice their
professions in the Philippines.

1 of the said Treaty has expressly stated that the privileges are
subject to the laws and regulations of the contracting State in
whose territory it is desired to exercise the legal profession. In the
Philippines, the Rules require that before anyone can practice the
legal profession in the Philippines he must successfully pass the
required bar examinations.

The said Treaty could not have been intended to modify the laws
and regulations governing admission to the practice of law in the
Philippines because the Executive Department may not encroach
upon the constitutional prerogative of the Supreme Court to
promulgate rules for admission to the practice of law in the
Philippines.

R.C. GATOC NOTES