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In Re Shoop
In Re Shoop
il. Islands Shoop has practiced for more than 5 years in the highest court of New York His application is based on paragraph 4 of the Rules of the Examination of Candidates for Admission to the Practice of Law, effective 1 July 1920
WON Philippine jurisprudence is based on the principles of the English Common Law (WON comity exists by virtue of par 2)
Applicants for admission who have been admitted to practice in the Supreme Court of the United States 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 5 years in any of said courts, may, in the discretion of the court, be admitted without examination. ISSUES: WON UNDER THE NEW YORK RULE AS IT EXISTS THE PRINCIPLE OF COMITY IS ESTABLISHED HELD: Yes. The New York rule, given a reasonable interpretation, permits conferring privileges on attorneys admitted to practice in the Phil Islands similar to those privileges accorded by the rule of this court.
HELD: (yes) Jurisprudence of this jurisdiction is based upon the English Common Law in its present day form of Anglo-American Common Law to an almost exclusive content In interpreting and applying the bulk of written laws of this jurisdiction, and in rendering its decisions in cases not covered by the letter of the written law, this court relies upon the theories and precedents of Anglo-American cases except when inconsistent with local customs and institutions New York Court in referring to a jurisprudence based on the English Common Law uses the phrase in a general sense The Jurisprudence of the Phil Islands is based on the English Common Law since its principles are embodied in Anglo-American jurisprudence as used and applied by the courts when they are not in conflict with the local written laws, customs, and institutions as modified by the change of sovereignty and subsequent legislation Common Law is used in ascertaining the true meaning and scope of the legislation enacted in the Phil Islands since they passed under American sovereignty General rule of statutory construction is to take judicial notice of the origin and history of statutes and of the facts which affect their derivation, validity and operation. All Spanish laws, customs, and rights of property inconsistent with the Constitution and American principles were superseded
WON the Philippines is a State or territory of the United States (WON comity exists by virtue of par. 1)
HELD: The Phil. Islands is an unorganized territory of the US, under a civil government established by the Congress. Under par 1 of the New York rule , practice for 5 years in the highest court in any State or territory of the American Union is the basic qualification The Phils. is not an organized territory incorporated in the US under the constitution. The Phils. is also not a foreign
The court has cited and quoted from Anglo-American cases and authorities in its decisions in an increasing degree over the past 20 years American citations are over ten times as numerous as Spanish citations
RULING: Petition is granted and Shoop is admitted to the practice of law in the Phil. Islands. The decision is based on the Courts interpretation of the New York rule, and does not establish a precedent with respect to future applications.