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    6 Bar Matter 702

    Uploaded by

    Erwin Bernardino
    Shari'a lawyers sought to be appointed as notaries public based on the co-equal status of Shari'a courts. However, the legal principle of Notarial Law requires those appointed as notaries public to have practiced law. To practice law in the Philippines one must pass the bar exam covering various legal topics. The court previously ruled those who pass the Shari'a Bar Exam but not the Philippine Bar Exam are not qualified to practice law before regular courts. Therefore, Shari'a lawyers do not meet the basic requirement of practicing law to be appointed as notaries public.

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    6 Bar Matter 702

    Uploaded by

    Erwin Bernardino
    77 views1 page
    Shari'a lawyers sought to be appointed as notaries public based on the co-equal status of Shari'a courts. However, the legal principle of Notarial Law requires those appointed as notaries public to have practiced law. To practice law in the Philippines one must pass the bar exam covering various legal topics. The court previously ruled those who pass the Shari'a Bar Exam but not the Philippine Bar Exam are not qualified to practice law before regular courts. Therefore, Shari'a lawyers do not meet the basic requirement of practicing law to be appointed as notaries public.

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    6 bar matter 702

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    Shari'a lawyers sought to be appointed as notaries public based on the co-equal status of Shari'a courts. However, the legal principle of Notarial Law requires those appointed as notaries public to have practiced law. To practice law in the Philippines one must pass the bar exam covering various legal topics. The court previously ruled those who pass the Shari'a Bar Exam but not the Philippine Bar Exam are not qualified to practice law before regular courts. Therefore, Shari'a lawyers do not meet the basic requirement of practicing law to be appointed as notaries public.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    77 views1 page

    6 Bar Matter 702

    Uploaded by

    Erwin Bernardino
    Shari'a lawyers sought to be appointed as notaries public based on the co-equal status of Shari'a courts. However, the legal principle of Notarial Law requires those appointed as notaries public to have practiced law. To practice law in the Philippines one must pass the bar exam covering various legal topics. The court previously ruled those who pass the Shari'a Bar Exam but not the Philippine Bar Exam are not qualified to practice law before regular courts. Therefore, Shari'a lawyers do not meet the basic requirement of practicing law to be appointed as notaries public.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    BAR MATTER 702

    MAY 12, 1994

    FACTS:
    On the theory that Shari’a Courts are co-equal with the regular Regional Trial Courts in the hierarchy of
    the Philippine Judicial System, petitioner Royo M. Gampong prayed the Court that, after due notice and
    hearing, to issue an order authorizing all Shari’a District Court Judges to appoint Shari’a Lawyers who
    possess the qualifications and none of the qualifications as notaries public within their respective
    jurisdictions.

    ISSUE:
    Whether or not Shari’a Lawyers are qualified to be appointed notaries public

    LEGAL PRINCIPLE:
    Notarial Law provides for the qualifications for appointment as notary public, thus:
    Sec. 233. Qualifications for Appointment. — To be eligible for appointment as notary public, a person
    must be a citizen of the Philippines (or of the United States) and over twenty-one years of age. He must,
    furthermore, be a person who has been admitted to the practice of law or who has completed and passed
    in the studies of law in a reputable university or school of law, or has passed the examination for the
    office of the peace or clerk or deputy clerk of court, or be a person who had qualified for the office of
    notary public under the Spanish sovereignty. xxx xxx xxx

    APPLICATION OF THE LEGAL PRINCIPLE


    To be appointed as a notary public, one must possess the basic requirement of “practice of law”.
    Section 1, Rule 138 of the Revised Rules of Court provides that in order to practice law, one must first be
    accepted as a member of the bar.
    In BAR Matter 681, the Court ruled that to be admitted to the Philippine Bar, the candidate must pass an
    examination for admission covering Political and International Law; Labor and Social Legislation; Civil
    Law and Taxation; Mercantile Law; Criminal Law; Remedial Law; and Legal Ethics and Practical
    Exercises xxx xxx.
    Further held, that a person who has passed the Shari'a Bar Examination, who is not a lawyer, is not
    qualified to practice law before the regular courts because he has not passed the requisite examinations
    for admission as a member of the Philippine Bar.

    CONCLUSION:
    Shari'a Lawyer is not possessed of the basic requisite of "practice of law" in order to be appointed as a
    notary public under Section 233 of the Notarial Law in relation to Section 1, Rule 138 of the Revised
    Rules of Court.

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