AGUIRRE v.s RANA

FACTS: Respondent Edwin LRana is a successful bar passer who was allowed only to take oath but not to sign the roll of attorneys pending the resolution of the complaint Donna Marie Aguirre of the petitioner who charges respondent with unauthorized practice of law, grave misconduct, violation of law, and grave misrepresentation. Apparently, the respondent appeared as counsel to an election candidate before the Municipal Board of Election Canvassers (“MBEC”) of Masbate before he took his oath and signed the rolls of attorneys. In his comment, respondent alleges he only provide specific assistance and advice not as a lawyer but as a person who knows the law. He contends that he did not sign the pleadings as a lawyer. The Office of the Bar Confidant was tasked to investigate and its findings disclosed that according to the minutes of the meeting of the MBEC, the respondent actively participated in the proceeding and signed in the pleading as counsel for the candidate.

ISSUE: Whether or Not the respondent is fit for admission to the bar.

RULING: The court held that respondent did engaged in unauthorized practice of law. It held that all the activities he participated during that time involves the practice of law despite the fact that he is not yet a member of the Bar. The right to practice law is not a right but a privilege extended to those morally upright and with the proper knowledge and skills. It involves strict regulation, one of which is on the moral character of its members. Passing the bar is not the only qualification to become an attorney-at-law. Respondent should know that two essential requisites for becoming a lawyer still had to be performed, namely: his lawyer’s oath to be administered by this Court and his signature in the Roll of Attorneys. Because the court finds respondent not morally fit to be admitted in the Bar, notwithstanding the fact that he already took his oath, he was denied admission to the bar.