Aguirre vs Rana

BM 1036, June 10, 2003

Facts: Respondent Edwin L. Rana was among those who passed the 2000 Bar Examinations. One day
before taking the Lawyer’s Oath, complainant Donna Marie Aguirre filed a Petition for Denial of Admission
to the Bar against Rana on grounds of unauthorized practice of law for appearing as counsel for a
candidate on the May 2001 elections before the Municipal Board of Election Canvassers of Mandaon,
Masbate. In said pleading, Rana represented himself as counsel for and behalf of Vice Mayoralty
Candidate George Bunan. He also signed as counsel for Emily Estipona-Hao on same election period for
proclamation of Hao as winning candidate for mayor of Mandaon, Masbate. During said period, Rana was
also employed as Secretary of the Sangguniang Bayan of Masbate, prohibiting him from acting as counsel
for a private client in any court or administrative body. As response to said allegations, Rana claims that
when he appeared as counsel on the said pleadings, he never signed as “Atty.” but only as someone with
knowledge of the law and that said petitioner was only filing complaints as vindication for her father’s loss
in the said elections where Rana’s client was proclaimed winner.

Issue: Should Rana be denied admission to the Bar?

Ruling: Yes, Rana was not allowed to sign the Roll despite his passing the bar examinations and taking oath
as a lawyer. Practice of law is said to be limited to perssons of good moral character with special
qualifications duly ascertained and certified and with evidences shown of Rana’s unauthorized practices
of law, he was deemed unqualified to be admitted to the Bar. A bar candidate does not acquire the right
to practice law simply by passing the Bar, it can be withheld if person seeking admission had practiced law
without a license. The issue regarding his appearing as counsel while being employed as
Sangguniang Baraangay Secretary need not be decided on because during such time he was not even
authorized to practice law.
Before one is admditted to the Philippine Bar, he must possess the requisite of moral integrity for
membership in the legal profession. Possession of moral integrity is of greater importance than possession
of legal learning. The practice of law is a privilege bestowed only on the morally fit. A bar candidate who
is morally unfit cannot practice law even if he passes the bar examination.