B.M. No. 1036 - Aguirre vs. Rana

Respondent Edwin L. Rana passed the 2000 Bar Examinations and was scheduled for the mass oath-taking on 22 May 2001.
On 21 May 2001, complainant Donna Marie Aguirre filed a Petition for Denial of Admission to the Bar charging respondent with unauthorized practice of law, grave misconduct, violation of law, and grave misrepresentation.

The Court allowed respondent to take his oath on 22 May 2001 but disallowed him from signing the Roll of Attorneys pending resolution of the complaint; respondent was directed to file a Comment.
In his Comment, respondent admitted assisting George Bunan and signing a 19 May 2001 pleading before the Municipal Board of Election Canvassers (MBEC), but asserted he acted not “as a lawyer” but “as a person who knows the law.” He also claimed to have tendered and had accepted his resignation as secretary of the Sangguniang Bayan of Mandaon, Masbate, effective 11 May 2001, and alleged political motivation behind the complaint.

On 22 June 2001, complainant filed a Reply, contending respondent also appeared as counsel for Emily Estipona-Hao before the MBEC and reiterating the grounds for challenging his appearance (lack of oath and government employment).
Respondent filed a Reply to the Reply, again alleging political vendetta.
On 17 July 2001, the Court referred the case to the Office of the Bar Confidant (OBC) for evaluation, report, and recommendation.

The OBC found that respondent actively participated and filed pleadings as “counsel” for Bunan and Estipona-Hao before taking the lawyer’s oath on 22 May 2001.
It concluded that this unauthorized practice of law cast serious doubt on respondent’s moral fitness and recommended denial of admission to the Philippine Bar.
On the other charges (violation of law and misrepresentation), the OBC found no basis, noting respondent’s resignation was accepted and that Bunan had authorized his representation.

Whether respondent’s pre-oath appearance and filing of pleadings as “counsel” before the MBEC constitute unauthorized practice of law and demonstrate moral unfitness for bar admission.
Whether respondent, as a government employee (secretary of the Sangguniang Bayan), violated any law by acting as counsel for private clients before his resignation took effect.
Whether respondent committed grave misconduct or misrepresentation by representing George Bunan without a formal engagement.