Legally Yours,  Political Law

In Re: Garcia

Constitutional Law. Political Law. Fundamental Principles and State Policies. Article II, Section 2. Incorporation Clause.
IN RE: Garcia
2 SCRA 984

FACTS:
Arturo E. Garcia finished the course of “Bachillerato Superior” and finished a law course in Spain and was thereafter allowed to practice law. He contends that under the provision of the Treaty of Academic Degree and the Exercise of Professions between the Philippines and Spain, he is entitled to practice law in the Philippines without submitting himself to the bar examinations.

ISSUE:
Whether or not a treaty may enable Garcia to practice law in the Philippines

HELD:
The provisions of the treaty cannot be invoked by the applicant for it was intended to govern Filipino citizens desiring to practice their profession in Spain and Spanish citizens desiring to practice their profession in the Philippines. The petitioner is a Filipino citizen and is therefore subject to the laws of his own country. 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 that the executive department may not encroach upon the constitutional prerogative of the Supreme Court to promulgate rules for admission to the practice of law in the Philippines.

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