In re: Garcia

In re: Garcia

Facts:

                Arturo E. Garcia has applied for admission to the practice of law in the Philippines without submitting to the required bar examinations. In his verified petition, he avers among others that he is a Flipino 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 Philippines.

Issue:

                whether or not a treaty can modify regulations governing admission to the Philippine Bar

Held:

                No. The provision of the treaty on academic degrees between the republic of the Philippines and Spanish state cannot be invoked by the applicant. Said treaty was intended 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 Philippines, 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 Philippines. The power to repeal, alter or supplement such rules being reserved only to the congress of the Philippines.