Aguirre vs.

Rana, BM 1036, June 10, 2003

FACTS:
Edwin L. Rana passed the 2000 Bar Eams. However, Before he took the oath and signed the roll
of attorneys, he represented Vice-Mayor Candidate George Bunan and signed a pleading as
counsel of Bunan. A complaint was filed against him for unauthorized practice of law. He also
appeared as counsel for the REFORMA LM-PPC party. Rana contends that he decided to assist
Bunan not as a lawyer but as a person who knows the law. He explains that he did not sign the
pleading as a lawyer and did not represent himself as an attorney in the pleading.
ISSUE:
Whether or not Rana is qualified to be a member of the Bar.
RULING:
No.
Rana engaged in the unauthorized practice of law and thus does not deserve admission to the
Philippine Bar. He appeared as counsel for Bunan before taking the lawyers oath.
True, respondent here passed the 2000 Bar Examinations and took the lawyers oath. However, it
is the signing in the Roll of Attorneys that finally makes one a full-fledged lawyer. The fact that
respondent passed the bar examinations is immaterial. 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 lawyers oath to be administered by
this Court and his signature in the Roll of Attorneys.
The practice of law is a privilege that can be withheld even from one who has passed the bar
examinations, if the person seeking admission had practiced law without a license.

Father Ranhilio C. Aquino vs. Atty. Edwin Pascua, AC No 5095, Nov. 28, 2007
FACTS:
Father Aquino, Head of the Philippine Judicial Academy, alleged that Atty. Pascua of Cagayan
falsified 2 documents by making it appear that he notarized an affidavit-complaint without
them appearing in his Notarial Register. Atty. Pascua admitted having notarized the 2 documents,
but they were not entered in his Notarial Register due to the oversight of his legal secretary. The
complainants maintain that his omission was not due to inadvertence but a clear case of
falsification.
ISSUE:
Whether or not the acts of Atty. Pascua are excusable.
RULING:
No.
His failure to enter into his notarial register the documents that he admittedly notarized is a
dereliction of duty on his part as a notary public and he is bound by the acts of his staff. A
member of the legal fraternity should refrain from doing any act which might lessen in any
degree the confidence and trust reposed by the public in the fidelity, honesty and integrity of the
legal profession. A member of the legal fraternity should refrain from doing any act which might
lessen in any degree the confidence and trust reposed by the public in the fidelity, honesty and
integrity of the legal profession.
Misconduct generally means wrongful, improper or unlawful conduct motivated by a
premeditated, obstinate or intentional purpose. The term, however, does not necessarily imply
corruption or criminal intent.
He was found guilty and suspended for 3 months.