IN RE: PETITON OF ARTURO EFREN GARCIA for Admission to the Philippine Bar without

taking the examination. ARTURO EFREN GARCIA, petitioner.

Facts:

Arturo Efren Garcia has applied for admission to the practice of law without submitting
to the required bar examinations. He avers that he is a Filipino Citizen, born in Bacolor City,
Province of Negros Occidental and of Filipino Parentage. He had taken and finished the
course of “Bachillerato Superior”, that he was approved, selected and qualified by the
“Instituto de Cervantes” for an admission to the Central University of Madrid. He was able to
finish the Law Course “Licenciado En Derecho” which he stated that under the Provision of
Treaty of Academic Degrees and the exercise of Professions between the Philippines and
Spain, he is entitled to practice the law professions in the Philippines even without
submitting to the required Bar Examinations.

Issue:

Whether or not the Treaty can modify regulations governing admission to the Philippine
Bar.

Ruling:

No. The court resolved to deny the petition under the following grounds:

1. Under the provision of the Treaty on Academic Degrees and the Exercise of Professions
between the Republic of the Philippines and the Spanish State, can not be invoked by the
applicant. Said Treaty was intended to govern Filipino Citizens which desires to practice law
profession in Spain, on the same manner, the citizen of the Spain to practice their profession
in the Philippines. Arturo Garcia is a Filipino Citizen desiring to practice law profession in the
Philippines, is subject to the Laws of his own country, and not entitled for the privileges
extended to Spanish Nationals who are desiring to practice law profession in the Philippines.

2. The Article I of the Treaty, provides that the privileges in the Treaty invoked by the
applicant are subject the laws and regulations of the contracting state, not the Philippines.
Under Section 1 of the Rule 127, in connection with Section 2, 9, 16 thereof requires that
before anyone can practice law profession in the Philippines, he must firs successfully passed
the required Bar Examinations; and

3. That the aforementioned treaty between Philippines and Spain could not have been
intended to modify the Laws and Regulations governing admission to the practice of Law in
the Philippines. This is because, such repeal, alter or supplement of Rules is not the
Executive Department to encroach the Constitutional prerogative of the Supreme Court in
the rules for admission to the practice of court In the Philippines.