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DONNA MARIE S. AGUIRRE v. EDWIN L. RANA

FACTS:

Respondent Edwin L. Rana passed the 2000 Bar Examinations and was scheduled to take his oath as a member of the Philippine Bar. However, one day before the oath-taking, complainant Donna Marie Aguirre filed a petition against respondent for unauthorized practice of law, grave misconduct, violation of law, and grave misrepresentation. Complainant alleged that respondent, while not yet a lawyer, appeared as counsel for a candidate in the May 2001 elections before the Municipal Board of Election Canvassers (MBEC) of Mandaon, Masbate. Complainant also claimed that respondent acted as counsel for a vice mayoralty candidate without his engagement and filed a pleading to prevent the proclamation of the winning candidate. The Court allowed respondent to take the oath but withheld signing the Roll of Attorneys until the charges against him were resolved. Respondent admitted providing "specific assistance" to the candidate before the MBEC but claimed he did not sign the pleading as a lawyer. He also submitted his resignation from his position as secretary of the Sangguniang Bayan, which was allegedly accepted. Complainant filed a reply refuting respondent's claims, and respondent filed a reply to the reply reiterating that the case had political motives. The Office of the Bar Confidant (OBC) found that respondent did appear as counsel before the MBEC and participated in the proceedings before taking the oath. The OBC recommended denying respondent's admission to the Bar due to his misconduct and unauthorized practice of law, but concluded that complainant failed to cite a specific violation of law.

ISSUES:

  1. Whether or not Edwin L. Rana engaged in the unauthorized practice of law.

  2. Whether or not Rana's actions prior to taking the lawyer's oath and signing the Roll of Attorneys disqualify him from admission to the Philippine Bar.

RULING:

  1. Unauthorized Practice of Law

    • Ruling The Supreme Court found that Edwin L. Rana engaged in the unauthorized practice of law prior to taking the lawyer's oath and signing the Roll of Attorneys. The Court noted evidence that Rana appeared and signed documents as counsel before various bodies before becoming an official member of the Bar.

  2. Disqualification from Bar Admission

    • Ruling Given Rana's actions that constituted unauthorized practice of law, the Court ruled that he does not deserve admission to the Philippine Bar and thus denied him such admission.

PRINCIPLES:

  • Unauthorized Practice of Law Engaging in legal activities such as representing clients, preparing pleadings, and making appearances before judicial bodies without being a duly licensed attorney constitutes unauthorized practice of law.

  • Bar Admission as Privilege The practice of law is a privilege that requires not only passing the bar examinations but also meeting additional qualifications, such as taking the lawyer's oath and signing the Roll of Attorneys.

  • Moral Integrity Requirement Possession of moral integrity is a prerequisite for admission to the legal profession.

  • Regulation of Legal Profession The regulation of the practice of law demands strict adherence to the rules, and violations, such as unauthorized practice, can disqualify a candidate despite passing the bar examinations.