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Case Title : IN RE APPLICATION OF MAX SHOOP FOR ADMISSION TO


PRACTICE LAW, 41 PHIL.21

2. Ponente : Malcolm, J

3. Doctrines laid by the Supreme Court : English Common law which states that: (1) The
Philippines is an unorganized territory of the United States, under a civil government
established by the Congress; (2) In interpreting and applying the bulk of the written laws of
this jurisdiction, and in rendering its decisions in cases not covered by the letter of the written
law, this court relies upon the theories and precedents of Anglo – American cases, subject to
the limited exception of those instances where the remnants of the Spanish written law
present well – defined civil law theories and of the few cases where such precedents are
inconsistent with local customs and institutions; (3) The jurisprudence of this jurisdiction is
based upon the English Common Law in its present day form of Anglo – American Common
Law to an almost extent;

4. Facts : Application has been made to this court by Max Shoop for admission to
practice law in the Philippine Islands under paragraph four of the Rules for the Examination
of Candidates for Admission to the Practice of Law, effective July 1, 1920. The supporting
papers show that the applicant has been admitted to practice, and has practiced for more than
five years, in the highest court of the State of New York.

5. Issue/s presented to the Supreme Court : Whether Max Shoop is qualified to practice
law in the Philippines.

6. Ruling of the Court : Applicants for admission who have been admitted to practice in the
Supreme Court of the United States or in any circuit court of appeals or district court, therein,
or in the highest court of any State or territory of the United States, which State or territory
by comity confers the same privilege on attorneys admitted to practice in the Philippine
Islands, and who can show by satisfactory affidavits that they have practiced at least five
years in any of said courts, may, in the discretion of the court, be admitted without
examination.

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