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FACTS:
An application for admission to practice law in the Philippine Islands has been made
by Max Shoop, a practicing lawyer from New York.
His application was based under paragraph four of the Rules for the Examination of
Candidate for Admission to the Practice of Law 2, made effective by the Supreme Court
of the Philippines after July 1, 1920.
Shoop submitted supporting papers that he has practiced for more than five (5)
years in the highest court of the state of New York.
By comity3, the said rule of the Supreme Court of the Philippine Islands requires the
New York State to confer the privilege of admission without examination under similar
circumstances to Philippine Islands admitted attorneys.
The rule of the New York court4 confers the same privilege to Philippine Island
attorneys, subject to the discretion of its Appellate Division.
ISSUE:
Whether or not Max Shoop can be admitted to practice law in the Philippine Islands?
HELD:
Yes, Max Shoop can be admitted to practice law in the Philippine Islands.
RATIO:
1. On the Philippine Islands (PI) as a territory of the United States (US)
a. Under paragraph 1 of the rule of the New York court, practice in a State or
Territory of the American Union is a basic qualification to be admitted in it.
1
Latin for "in the matter [of]"
2
Par. 4 states: Applicants for admission who have been admitted to practice in the Supreme Court of the United
States or in any circuit court of appeal or district court, therein, or in the highest court of any State or territory of the
United States, which State or territory by comity confers the same privilege on attorneys admitted to practice in the
Philippine Islands, and who can show by satisfactory affidavits that they have practiced at least five years in any of
said courts, may, in the discretion of the court, be admitted without examination.
3
Courts of justice in one state will, out of comity, enforce the laws of another state, when by such enforcement they
will not violate their laws or inflict injury on some one of their own citizens
4
The rule of the New York court states: (1) Any person admitted to practice and who has practiced five years as a
member of the bar in the highest law court in any other state or territory of the American Union or in the District of
Columbia. (2) Any person admitted to practice and who has practiced five years in another country whose
jurisprudence is based on the principles of the English Common Law.
b. Comity would seem to exist if the PI was a territory of the US.
c. However, the word territory has a general and technical meaning and thus
needs to be qualified.
d. PI is not an organized territory, but we are also not a foreign country from the
US perspective.
e. Since the US Congress legislates for the PI, we have been granted a form of
territorial government and to an extent can be considered a territory
according to the US Attorney General, as was held in the case of Porto Rico.
f. It is not believed that the New York court intended the word "territory" to be
limited to the technical meaning of organized territory or it would have used a
more accurate expression.
g. Further, since the PI is not a foreign country within the meaning of the
Cuban Commercial Treaty, it should thus be assumed a part of the US in
certain aspects. Otherwise, it would be a land without statusthat is, a land
neither another country nor a state, nor a territory.
h. Thus, the PI has a basis of comity to satisfy the territorial requirement since
the rule of the New York court indicates a sweeping intention to include all of
the territory of the US, in its broad and general meaning.
5
Jurisprudence also referred to as Case Law in the untechnical sense is the groundwork of the written law, or as
Bouvier defines it, The science of lawthe particular science of giving a wise interpretation to the laws and making a
just application of them to all cases as they arise.
e. In speaking of a jurisprudence "based on the English Common Law" it would
seem proper to say that the jurisprudence of a particular jurisdiction is based
upon the principles of that Common Law if its statute law and its case law to a
very large extent includes the science and application of law as laid down by
the old English cases, as perpetuated and modified by the American cases.
4. On the Philippine Islands (PI) being influenced by English Common Law (ECL)
jurisprudence
a. The extent of the English or Anglo-American Common Law here has not been
definitely decided by the Supreme Court. But there is a similarity to the
quotations from the American decisions cited with reference to the ECL.
b. Alzua & Arnalot vs. Johnson: we apply Anglo-American jurisprudence only in
"xxxso far as they are founded on sound principles applicable to local
conditions, and are not in conflict with existing law; nevertheless, many of the
rules, principles, and doctrines of the Common Law have, to all intents and
purposes, been imported into this jurisdiction, a result of the enactment of
new laws and the organization of new institutions by the Congress of the
USxxx"
c. The Spanish judicial system was abrogated, replaced with a new one
modeled after the judicial systems of the US. Therefore, those Spanish
doctrines and principles in conflict with the new one were abrogated.
d. US. v. De Guzman: For proper construction and application of the terms and
provisions we borrowed from or modeled upon Anglo-Am precedents, we
review the legislative history of such enactments.
e. US. v. Abiog and Abiog: The courts are constantly guided by the doctrines of
Common Law. Neither ECL or American Common Law is in force in this
Islandssave only in so far as they are founded on sound principles
applicable to local conditions and aren't in conflict with existing law."
f. What we have is a Philippine Common Law influenced by the ECL or
American Common Law.
g. A great preponderance of the jurisprudence of our jurisdiction is based upon
Anglo-American case law precedents-exclusively in applying those statutory
laws which have been enacted since the change of sovereignty and which
conform more or less to the American statutes, and-to a large extent in
applying and expanding the remnants of the Spanish codes and written laws.
6
A legal principle by which judges are obliged to respect the precedents established by prior decisions
(iii.) By judicial decision (when in practice, these were considered last; the
development of Case Law was impeded because the courts were
free to disregard any information or decisions of other courts);
(iv.) By general principles of law