G.R. No. 666 : January 14, 1902
In the matter of the petition of J. GARCIA BOSQUE for admission to the practice of law in the Philippine Islands.

FACTS:
J. Garcia Bosque, a Spanish subject, left the Philippine Islands on May 30, 1899, and remained absent throughout the entire 18-month period stipulated in Article IX of the Treaty of Paris (which ran from April 11, 1899, to October 1900). He returned to the Islands in January 1901. He subsequently filed a petition for admission to the practice of law in the Philippine Islands.

ISSUE:
Whether J. Garcia Bosque, under the terms of the Treaty of Paris, is considered a Filipino subject and is therefore eligible for admission to the Philippine bar.

RULING:
No. The Supreme Court denied the petition.
The Court held that by voluntarily absenting himself from the Philippine Islands during the entire 18-month period provided for in Article IX of the Treaty of Paris, Garcia Bosque effectively elected to retain his Spanish nationality. The presumptive change of nationality to Filipino under the treaty was contingent upon two concurrent conditions: (1) continued residence in the ceded territory, and (2) failure to make an express declaration to preserve Spanish nationality within the stipulated period. Since Garcia Bosque was not a resident during that period, the conditions for a presumptive change of nationality were not met. Consequently, he remained a Spanish subject.
As a foreigner (a Spanish subject), he is subject to the laws applicable to other foreigners. Under the laws in force, both prior and subsequent to the Treaty of Paris, foreigners are prohibited from practicing law in the Philippines, as the legal profession requires a diploma granted by the competent authorities of the sovereign power. Therefore, not being a Filipino subject, he lacks the necessary qualification for admission to the bar. The only path for him to acquire Filipino nationality would be through naturalization, a matter not yet governed by legislation at that time.