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.