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Higit Pa

iDiOt's Case Digest Blog

Tuesday, July 28, 2009 Rhydel's Phrase


In Re Garcia 2 SCRA 985 “The superior man is the providence of
the inferior. He is eyes for the blind,
Facts:
strength for the weak, and a shield for
the defenseless. He stands erect by
Arturo E. Garcia,has applied for admission to the practice of law in bending above the fallen. He rises by
the phils. without submitting to the required bar examinations. In his lifting others.” R. Ingersoll
verified petition, he avers among others that he is a filipino citizen
born in bacolod city of filipino parentage. He finished Bachillerato
Superior in spain. He was allowed to practice law profession in spain
under the provision of the treaty on academic degrees and the
exercise of profession between the republic of the phils.

Issue:

Whether treaty can modify regulations governing admission to the


phil. bar.

Held:

The court resolved to deny the petition. The provision of the treaty
on academic degrees between the republic of the phils. and spanish
state cannot be invoked by the applicant. said treaty was intende to
govern filipino citizens desiring to practice their profession in spain.
The treaty could not have been intended to modify the laws and
regulations governing admission to the practice of law in the phils.,
for the reason the executive may not encroach upon the
constitutional prerogative of the supreme court to promulgate rules
for admission to the practice of the law in the phils. The power to
repeal, alter or supplement such rules being reserved only to the
congress of the phils.

Posted by Rhydel's Blog at 6:01 PM

Labels: Political Law Case Digest

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