IN RE SHOOP

MALCOLM; November 29, 1920

FACTS
- Max Shoop is applying for admission to practice law in the Philippines under Par. 4
of the Rules for the Examination of Candidates for Admission to the Practice of Law.
It was shown in his application that he was practicing for more than 5 years in the
highest court of the State of New York.
- The said rule requires that:
New York State by comity confers the privilege of admission without examination
under similar circumstances to attorneys admitted to practice in the Philippine
Islands. (Aside from comity, the satisfactory affidavits of applicants must show they
have practiced at least 5 years in any (district or circuit or highest) court of the US
or territory of it. But admission is still in the discretion of the court.)
- The rule of New York court, on the other hand, permits admission without
examination in the discretion of the Appellate Division in several cases:

1. Provided that the applicant also practiced 5 years as a member of the bar in
the highest law court in any other state or territory of the American Union or
in the District of Columbia
2. The applicant practiced 5 years in another country whose jurisprudence is
based on the principles of the English Common Law (ECL).
ISSUE
WON under the New York rule as it exists the principle of comity is established

HELD
- The Philippines is an UNORGANIZED TERRITORY of the US, under a civil gov't.
established by the Congress.
- In interpreting and applying the bulk of the 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, subject to
the limited exception of those instances where the remnants of the Spanish written
law present well-defined civil law theories and of the few cases where such
precedents are inconsistent with local customs and institutions.
- The jurisprudence of this jurisdiction is based upon the ECL in its present day form
of Anglo-American Common Law to an almost exclusive extent.
- New York permits conferring privileges on attorneys admitted to practice in the
Phils. similar to those privileges accorded by the rule of this court.
- Petition granted. Decision is based on the interpretation of the NY rule; doesnt
establish a precedent with respect to future applications.