AGUIRRE V RANA

disallowed him from signing the Roll of Attorneys

ISSUE
WON

Respondent can be permitted to sign the Roll of

until he is cleared of the charges against him. In the

Attorneys on the ground that he signed pleadings as

same resolution, the Court required respondent to

counsel prior to his Lawyers Oath

9)

FACTS

comment on the complaint against him.

In his Comment, respondent admits that Bunan

1)

Respondent Edwin L. Rana (respondent) was among

sought his specific assistance to represent him before

the MBEC. Respondent claims that he decided to

2)

those who passed the 2000 Bar Examinations.

On 21 May 2001, Complainant charged respondent
with unauthorized practice of law, grave misconduct,

person who knows the law. Respondent admits

violation of law, and grave misrepresentation.

The Court allowed respondent to take his oath as a

signing the 19 May 2001 pleading that objected to the

member of the Bar during the scheduled oath-taking

explains, however, that he did not sign the pleading as

3)

assist and advice Bunan, not as a lawyer but as a

inclusion of certain votes in the canvassing. He

on 22 May 2001 at the Philippine International

a lawyer or represented himself as an attorney in the

Convention Center. However, the Court ruled that

respondent could not sign the Roll of Attorneys
pending the resolution of the charge against him.
Thus, respondent took the lawyers oath on the
scheduled date but has not signed the Roll of
4)

pleading.
DECISION
NO
-

However, the records show that respondent appeared

Attorneys up to now.
Complainant charges respondent for unauthorized
practice of law and grave misconduct. Complainant
alleges that respondent, while not yet a lawyer,

as counsel for Bunan prior to 22 May 2001, before

-

Precincts for the Office of Vice-Mayor dated 19 May

elections before the Municipal Board of Election

2001, respondent signed ascounsel for George Bunan.

Canvassers (MBEC) of Mandaon, Masbate.

Complainant further alleges that respondent filed

In the first paragraph of the same pleading

respondent stated that he was the (U)ndersigned

with the MBEC a pleading dated 19 May 2001 entitled

Counsel for, and in behalf of Vice Mayoralty

Formal Objection to the Inclusion in the Canvassing of

Candidate, GEORGE T. BUNAN. Bunan himself

Votes in Some Precincts for the Office of Vice-Mayor.

wrote the MBEC on 14 May 2001 that he had

In this pleading, respondent represented himself as

authorized Atty. Edwin L. Rana as his counsel to

counsel for and in behalf of Vice Mayoralty

Candidate, George Bunan, and signed the pleading as
6)

counsel for George Bunan (Bunan).

On the charge of violation of law, complainant claims

same date, 14 May 2001, Erly D. Hao informed the

MBEC that Atty. Edwin L. Rana has been authorized

being a secretary of the Sangguniang Bayan of

by REFORMA LM-PPC as the legal counsel of the

Mandaon, Masbate. As such, respondent is not

7)

court or administrative body.

On the charge of grave

misconduct

Mayoralty Candidate Emily Estipona-Hao and for the

REFORMA LM-PPC. On 19 May 2001, respondent

of acting as counsel for vice mayoralty candidate

signed as counsel for Estipona-Hao in the petition

George Bunan (Bunan) without the latter engaging

services.

Complainant

claims

filed before the MBEC praying for the proclamation of

that

Estipona-Hao as the winning candidate for mayor of

respondent filed the pleading as a ploy to prevent the

proclamation
8)

of

the

winning

vice

mayoralty

candidate.
On 22 May 2001, the Court issued a resolution
allowing respondent to take the lawyers oath but

party and the candidate of the said party.

Respondent himself wrote the MBEC on 14 May 2001
that he was entering his appearance as counsel for

and

misrepresentation, complainant accuses respondent

respondents

represent him before the MBEC and similar bodies.

On 14 May 2001, mayoralty candidate Emily EstiponaHao also retained respondent as her counsel. On the

that respondent is a municipal government employee,

allowed by law to act as counsel for a client in any

respondent took the lawyers oath.

In the pleading entitled Formal Objection to the
Inclusion in the Canvassing of Votes in Some

appeared as counsel for a candidate in the May 2001

5)

Respondent took his oath as lawyer on 22 May 2001.

Mandaon, Masbate.
All these happened even before respondent took the
lawyers oath. Clearly, respondent engaged in the
practice of law without being a member of the
Philippine Bar.

AGUIRRE V RANA
NOTES