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In re shoop, 41 Phil 231 (1920)SC en Banc

Facts:

Max Shoop, already admitted to practice law in N.Y. and practiced for five yearsin the said state, requested to be admitted to the Philippine Bar.

The pertinent rule to be applied, by comity, is the N.Y. rule for admitting laywers to practice without examinations subject only to the discretion of the N.Y.Appellate Division. The paragraph 2 of the said N.Y. rule states that:

"Any person admitted to practice and who has practiced five years in another country whose jurisprudence is based on the principles of the English Common Law"

Issue:

Whether the jurisprudence of the Philippines is based on the principles of the English Common Law as required by the paragraph 2 of the N.Y. rule for admissionto the bar in the said state

Decisions.

Yes. The Philippines, after the change of sovereignty from Spain to the U.S., has adopted the principles of the English Common Law through the present-day formof the Anglo-American common law. The Philippines, in deciding cases, adopts thecommon law principles subject to the limitation where the old civil law theorie

s of Spain as applied to the country are well-defined and when the theories andprecedents of the Anglo-American cases are inconstent with the local customs andinstitutions. This principle is named the Philippine common law.

Lidasan v. Comelec G.R. No. L-28089 October 25, 1967SC en banc.

Facts:A statute, RA 4790, took effect on June 18, 1966. The republic act was entitled"An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur".RA 4790 creates a new municipality of Dianaton within Lanao del Sur with the se

at found in Togaig, a barrio within the municipality of Buldon in Cotabato and additionally it annexes several barrios of two municipalities(namely that of Parang and Buldon) in Cotabato, which is also outside of Lanao del Sur. Bara Lidasan, a resident and taxpayer of the detached portion of Parang, Cotabato requestedfor certiorari and prohibition and declare RA 4790 as unconstitutional as its T

itle is misleading and invoked the provision of the Constitution that the titleof a bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof.

Issue: Whether the title of RA 4790 "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur" satisfies the provision of the Constitutionthat the title of an act must be sufficient to notify the public and others concerned of its substance.

Decision:

No. RA 4790 entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur" is misleading since this not only creates a municipality

(namely, Dianaton) within Lanao del Sur but also annexes several barrios of thetwo municipalities of Cotabato, that of Parang and Buldon.

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Dissenting: Fernando, J.The said provision of the Constitution must be construed liberally as this has been the general disposition in all courts, as opposed to the strict interpretaionof the Supreme Court. Thus, the title of RA 4790 is sufficient to inform the public of its substance, namely, the creation of the Municipality of Dianaton in the province of Lanao del Sur.