Ex parte Urrutia Martorell

43 P.R. 879
Supreme Court of Puerto Rico·Decided July 29, 1932·No. Nos. 33A and 66·Published

Opinion

Mr. Chiee Justice Del Toro

delivered the opinion of the Court.

Eduardo Urrutia and Antonio Escalera secured the passage by the Legislature of Puerto Rico of two Joint Resolutions — Nos. 58 and 69 of 1931, Sess. Laws, pp. 1014 and 1050 — authorizing them to take an examination for admission to the practice of law before the Supreme Court. Both filed their petitions for examination which, were opposed by several attorneys on the ground that the resolutions were unconstitutional in that they in effect denied the equal protection of the laws to future applicants.

After all the interested parties were heard, the Court overruled the objections to the constitutionality of the legislative enactments, and in order to better discharge its functions, it set another hearing só that the petitioners might introduce new evidence and the opposite parties he given an opportunity [880]*880to cross-examine any witnesses presented by the petitioners. Tíre order of this Court was based on the opinion which appears on pages 160 et seq. of this volume. The second hearing was held, and the cases are now before us for final decision.

The Joint Eesolutions in question refer to “exámenes de reválida) (examinations for admission). “Reválida” is the act and effect of “revalidarse,” and “revalidarse” is to be accepted or admitted into a faculty by a superior tribunal.

In the curricula of the Spanish universities the study of law was divided into courses, each course comprising several subjects, of which some extended to two -courses. After the student had qualified in all the subjects through examination by personally attending the classes in the university, or by studying privately and only appearing at the university at stated times when examinations were to be held, he still had, in order to secure his degree, to pass another general examination which was known as “examen de reválida” (for admission). Subsequent to the change of sovereignty in the Island, the home-study of law for admission to the bar' was authorized, and the various subjects to be studied were prescribed by law. The test of proficiency consisted in examinations held before a board composed of judges and practitioners under the direction of the Supreme Court. At present, said examinations are held in accordance with the rules prescribed by the University of Puerto Rico, which is an institution created and supported by the Government.

The holders of diplomas issued by accredited American universities were also authorized to take a general oral examination before said board. If they were successful in the examination, they were admitted to practice before the courts of this island. This method is still followed and the examination so taken-has been and is called “examen de reválida,” (examination for admission to the bar-).

Have the petitioners herein complied with the requirement as- to the presentation of a diploma from an educational in «ti-[881]*881tution? Urrutia presented a diploma issued by the Chicago School of Law showing that he had taken and passed the law course given in that college. Escalera presented a diploma issued by the Hamilton College of Law. Neither of said diplomas would have entitled the petitioners to apply for the examination for admission to the bar (reválida) prescribed by law, since the same were obtained through correspondence courses. That is why they applied to the Legislature for the enactment of special legislation.

The practice is not to be encouraged. Statutes granting special privileges always create in the mind a sense of protest. They are justified only in cases that are really extraordinary. In Puerto Rico the obtention of a license to practice law is open to all its citizens. Confining ourselves to those who reside in the Island, they have two methods at their1 disposal, to wit: (1) by personally attending the classes at the university where they may study under the direction of competent professors and qualify on the subjects in each course through examination in accordance with courses of studies and rules of the university; or (2) by passing such examinations periodically and studying privately or under the direction of instructors or competent persons selected by the student himself.

An examination of the statutes on the subject now or formerly in force in the Island shows a steady tendency to be more exacting each time, not only as regards the legal studies themselves but especially regarding preparatory courses. At first, there were no requirements on this point. Subsequently completion of the 8th grade was required, then a high school diploma became necessary, and at present some subjects leading to the degree of Bachelor of Arts must be passed; and the idea is being put forward that the study of law should be commenced after the completion of .the course for such degree, as is customary in Spain and other European countries and is gradually being required in the best reputed American universities.

[882]*882If there is a profession which requires preparatory studies for proficient practice, it is indeed the legal profession. Life is becoming each day more and more strenuous and complex; laws are multiplied and they cover all sorts of juridical relationships, some of them entirely new, and it devolves upon the lawyer to solve the problems thereby created. Laws are formulas, precepts, which it is not enough to know textually. Behind those formulas and precepts are the experience of centuries, the conquest of civilization, the incessant efforts of humanity towards a higher and better life which crystallized in them. That is why in order to enter into their spirit and to be able to apply them properly, it is necessary to have a •previous knowledge of human nature, of man and human ¡society, and of the progress of science, at least of its fundamental principles. The grammar school, the high school, and the college admirably prepare the mind which will later apply itself to the special study of the law.

The Legislature of Puerto Rico has acted justly. It has legislated in accordance with the prevailing contemporary conditions. The facilities granted at first were justified. As the educational system established by it has gradually yielded its fruit, it has increased the requirements until it will doubtless reach a standard which will be in keeping with the high degree of progress attained. The number of young men and women who graduate annually from high school is no longer 10 or 100. There is already a well prepared group, so large that it may well supply all the raw material that must be developed to fill the ranks of the highest professions. If the Legislature preserves, as it has preserved and should always preserve, the system of private tuition, and if the government university, in recognition of the great social function and high spirit of justice underlying said private tuition does not render its existence impossible, there will be gradually.less justification for the enactment of special or discriminative statutes regarding the admission of candidates for the practice of the law.

[883]*883Let us consider, in the light of the above principles and of the law as it now stands, the attendant circumstances of the present cases.

We have already stated that both candidates hold the degree of Bachelor of Laws obtained by correspondence.

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Ex parte Urrutia Martorell, 43 P.R. 879 (prsupreme 1932).

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