AGUIRRE VS.

RANA
B.M. 1036, June 10, 2003

FACTS:

Rana was among those who passed the 2000 Bar Examinations. On 21 May 2001, a day before
the mass oath-taking of successful bar examinees, Aguirre files against Rana a Petition for Denial
of Admission to the Bar charging him with unauthorized practice of law, violation of law and grave
misconduct. Aguirre alleges that Rana, while not yet a lawyer, appeared as a counsel for a Vice-
Mayoralty Candidate George Bunan before the Municipal Board of Canvassers (MEBC) of
Mandaon, Masbate, and filed with the MEBC a pleading entitled Formal Objection to the
Inclusion in the Canvassing of Votes in some Precincts for the Office of Vice-Mayor. Rana signed
the pleading as counsel for George Bunan.

Rana was allowed to take his oath but was withheld to sign the Roll of Attorneys until he is cleared
of the charges against him. The Office of the Bar Confidant was tasked to investigate and its
findings disclosed that the respondent actively participated in the proceeding and signed in the
pleading as counsel for the candidate.

ISSUE:

WON Rana should be allowed Admission to the Bar.

RULING:

No. The records show that respondent appeared as counsel for Bunan before he took the lawyers
oath. In the first paragraph of the same pleading respondent stated that he was the
(U)ndersigned Counsel for, and in behalf of Vice Mayoralty Candidate, GEORGE T. BUNAN. Bunan
himself wrote the MBEC on 14 May 2001 that he had authorized Atty. Edwin L. Rana as his counsel
to represent him before the MBEC and similar bodies. All these happened even before
respondent took the lawyers oath. Clearly, respondent engaged in the practice of law without
being a member of the Philippine Bar. A bar candidate who is morally unfit cannot practice law
even if he passes the bar examinations. He has to fulfill the requisites – to take his Lawyer’s Oath
and by signing the Roll of Attorneys.