PHILIPPINE LAWYER'S

ASSOCIATION vs. CELEDONIO AGRAVA

G.R. No. L-12426. February 16, 1959.

FACTS:
On may 27, 1957, respondent Director issued a circular announcing that he had scheduled an
examination for the purpose of determining who are qualified to practice as patent attorneys before
the Philippines Patent Office. According to the circular, members of the Philippine Bar, engineers
and other persons with sufficient scientific and technical training are qualified to take the said
examination. The petitioner contends that one who has passed the bar examination sand is licensed
by the Supreme Court to practice law in the Philippines and who is in good standing is duly qualified
to practice before the Philippines Patent Office and that the respondent Director’s holding an
examination for the purpose is in excess of his jurisdiction and is in violation of the law.The
respondent, in reply, maintains the prosecution of patent cases “ does not involve entirely or purely
the practice of law but includes the application of scientific and technical knowledge and training as a
matter of actual practice so as to include engineers and other individuals who passed the
examination can practice before the Patent office. Furthermore, he stressed that for the long time he
is holding tests, this is the first time that his right has been questioned formally.

ISSUE:
Whether or not the appearance before the patent Office and the preparation and the prosecution of
patent application, etc., constitutes or is included in the practice of law.

HELD:
The Supreme Court held that the practice of law includes such appearance before the Patent Office,
the representation of applicants, oppositors, and other persons, and the prosecution of their
applications for patent, their opposition thereto, or the enforcement of their rights in patent cases.
Moreover, the practice before the patent Office involves the interpretation and application of other
laws and legal principles, as well as the existence of facts to be established in accordance with the
law of evidence and procedure. The practice of law is not limited to the conduct of cases or litigation
in court but also embraces all other matters connected with the law and any work involving the
determination by the legal mind of the legal effects of facts and conditions. Furthermore, the law
provides that any party may appeal to the Supreme Court from any final order or decision of the
director. Thus, if the transactions of business in the Patent Office involved exclusively or mostly
technical and scientific knowledge and training, then logically, the appeal should be taken not to a
court or judicial body, but rather to a board of scientists, engineers or technical men, which is not the
case.