Case Summary (UNAV)
Petitioner’s Qualifications and Treaty Invocation
Garcia asserted that he completed the Bachillerato Superior in Spain, was approved by the Instituto de Cervantes for admission to the Central University of Madrid, and graduated there with the degree of Licenciado en Derecho. Having been authorized to practice law in Spain, he maintained that the bilateral Treaty entitled him to practice in the Philippines without undergoing the bar examinations.
Treaty Provisions and Their Scope
Article III of the Treaty provides that nationals of one Contracting State whose academic degrees have been recognized may practice their professions in the territory of the Other. Article I declares that holders of legal degrees issued by competent authorities in either State “shall be deemed competent to exercise said profession in the territory of the Other, subject to the laws and regulations of the latter.” The Court interpreted these provisions as creating reciprocal privileges for Filipino nationals in Spain and Spanish nationals in the Philippines.
Relationship of Treaty Provisions to Domestic Regulations
The Supreme Court emphasized that Treaty privileges are expressly made subject to the domestic laws and regulations of the host State. Under Supreme Court Rule 127 (Sections 1, 2, 9, and 16), no individual may practice law in the Philippines without successfully passing the bar examinations. The Treaty does not override these requirements.
Constitutional and Separation of Powers Considerations
Invoking Section 13, Article VIII of the 1935 Constitution, the Court held that the Executive branch lacks authority to modify or supplement the Supreme Court’s exclusive power to promulgate rules for admission to the bar—power which only Congress may alter by legislation.
...continue readingCase Syllabus (UNAV)
Factual Background
- Petitioner Arturo E. Garcia is a Filipino citizen, born in Bacolod City, Negros Occidental, of Filipino parentage.
- He completed the “Bachillerato Superior” in Spain and was vetted and approved by the Instituto de Cervantes for admission to the Central University of Madrid.
- At the Central University of Madrid, he completed the law course and graduated with the degree “Licenciado en Derecho.”
- He was thereafter authorized to practice law in Spain.
Petitioner’s Claims
- Garcia filed a verified petition seeking admission to the Philippine Bar without taking the required bar examinations.
- He invoked the Treaty on Academic Degrees and the Exercise of the Profession between the Republic of the Philippines and the Spanish State.
- Under the Treaty’s stipulations, he asserted entitlement to practice law in the Philippines on the strength of his Spanish legal degree and authorization to practice in Spain.
Relevant Treaty Provisions
- Article I (pertinent part): Nationals of either contracting State who obtain degrees or diplomas to practice the legal profession in one State shall be deemed competent to exercise that profession in the territory of the other, “subject to the laws and regulations of the