Case Digest:PLA vs Agrava

Case Digest: Philippine Lawyers Association vs Agrava,
 105 Phil 173 (1959)

FACTS:

   This is a petition filed by the Philippine Lawyers Association for prohibition and injunction against Celedonio Agrava, in his capacity s Director of the Philippines Patent Office. On May 23, 1957, respondent Director issued a circular announcing that he had scheduled for June 27, 1957 an examination for the purpose of determining who are qualified to practice as patent attorneys before the said office. Petitioner contends that one who has passed the bar examinations, and 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 that the prosecution of patent cases "does not involve entirely or purely the practice of law but include the application of scientific and technical knowledge and training as a matter of actual purpose so as to include engineers and other individuals who passed the examination can practice before the Patent Office. Furthermore, respondent contends that he has previously conducted such examinations and that this is the first time that he is questioned formally.


ISSUES:

1. Whether or not members of the bar should first take and pass an examination conducted by the Patent Office before he would be allowed to practice law in said office; 

2. Whether or not appearance before the Patent Office and the preparation of applications or patents, etc. constitutes practice of law or is included in the practice of law; and,

3. Whether or not the Director of the Patent Office is authorized to conduct examinations for patent attorneys.



RULING:

The Supreme Court has the exclusive and constitutional power with respect to admission to the practice of law in the Philippines and  any member of the  Philippine Bar in good standing may practice law anywhere and before any entity, whether judicial or quasi-judicial or administrative, in the Philippines. Moreover, "The  practice  of law  is  not  limited  to the conduct of cases or litigation m court; it embraces the preparation  of  pleadings and other  papers incident  to actions and special proceedings, the management  of such actions and proceedings on behalf of clients before judges  and courts,  and in  addition,  conveying. In general, all advice to clients, and all action taken for them in matters connected with  the law incorporation sendees, assessment and condemnation services contemplating an appearance before a judicial  body,  the foreclosure of a mortgage,  enforcement of a  creditor's  claim in bankruptcy and  insolvency proceedings,  and conducting proceedings in attachment, and in matters of estate  and  guardianship have been held to constitute law practice,  as  do the preparation and drafting of legal instruments, where the work done involves the determination by the trained legal mind of the legal effect of facts and conditions. As such, , the practice of law includes such appear ance before the Patent Office, the representation of applicants, oppositors, and  other persons, and the  prosecution  of their applications for patent, their oppositions thereto, or the enforcement of their rights in patent cases. Thus, under the present law, members of the Philippine Bar authorized  by this Tribunal to practice law, and in good standing, may practice their profession before the Patent Office, for the reason that much of the business in said office involves the interpretation and determination  of the scope and application  of the Patent Law and other laws applicable, as well as the presentation of evidence to establish facts involved; that part of the functions of the Patent Director are judicial or quasi-judicial,  so  much so that appeals from his orders and decisions are, under the law, taken to the Supreme Court. In sum, the practice of law covers any activity in or out of court, which requires the application of law, legal procedures, principles or practice and calls for legal knowledge, training and experience. And, only the Supreme Court has  the exclusive and constitutional power with respect to admission to the practice of law.