Petition for Leave To Resume Practice of Law, Benjamin M. Dacanay B.M. No. 1678 December 17, 2007 Facts: Petiti Petitione onerr was admitt admitted ed to the the Philippine bar in March 1960. He pra practic ticed law law until ntil he migra igrate ted d to Canada in Decemb ember 1998 to seek medica medicall attent attention ion for his his ailme ailments nts.. He subs ubsequ equentl ently y applied lied for Can Canadia adian n citi citize zens nshi hip p to avai availl of Cana Canada da’s ’s free free medical aid program. His application was appr approv oved ed and and he beca became me a Cana Canadi dian an citizen in May 2004. On July 14, 2006, pursuant to Republic Act (RA) 9225 (Citizenship Retention and Re-Ac Re-Acqui quisit sition ion Ac Actt of 2003), 2003), petiti petitione onerr reacquir reacquired ed his Philippi Philippine ne citizens citizenship. hip. On that day, he took his oath of allegiance as a Filipino citizen before the Philippine Consu Consulat late e Genera Generall in Toront Toronto, o, Canada Canada.. Thereafter, he returned to the Philippines and now now inte intend nds s to res resume his law law practice. Issue: Whether or not petitioner lost his membership in the bar when he gave up his Philippine citizenship. Holding: The Constitution provides that the the prac practi tice ce of all all prof profes essi sion ons s in the the Philip Phi lippi pines nes shall shall be limite limited d to Filip Filipino ino citizens save in cases prescribed by law. Since Filipino citizenship is a requirement for for admi admiss ssio ion n to the the bar, bar, loss loss ther thereo eof f terminates membership in the Philippine bar and, consequent consequently, ly, the privilege privilege to engage in the practice of law. In other words, the loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege denied to foreigners. The exception is when Filipino citizenship is lost lost by reaso reason n of natur naturali alizat zation ion as a citizen of another country but subsequently reacquired pursuant to RA 9225 92 25.. This This is becau ecause se "all "all Ph Phil ilip ippi pine ne citizens who become citizens of another country shall be deemed not to have lost thei theirr Ph Phil ilip ippi pine ne citi citize zens nshi hip p unde underr the the condit condition ions s of [RA 9225]. 9225]."" There Therefor fore, e, a
Filipino lawyer who becomes a citizen of another country is deemed never to have los lost his Phil hilipp ippine ine citi citize zens nsh hip if he reacquires it in accordance with RA 9225. Alth Althou ough gh he is also also deem deemed ed neve neverr to have terminated his membership in the Phil Ph ilip ippi pine ne bar, bar, no auto automa mati tic c righ rightt to resume law practice accrues. Unde Underr RA 92 9225 25,, if a pers person on inte intend nds s to prac practi tice ce the the lega legall prof profes essi sion on in the the Philippines and he reacquires his Filipino citi citize zens nshi hip p purs pursua uant nt to its its prov provis isio ions ns "(he) shall apply with the proper autho uthorrity ity for for a licen icens se or per permit to engage in such practice." Stated otherwise, before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume his law practice, he must must firs firstt secu secure re from from this this Cour Courtt the the authority to do so, conditioned on: (a) the updating and payment in full of the annual membership dues in the IBP; (b) the payment of professional tax; (c) the completion of at least 36 credit hour hours s of mand mandat ator ory y cont contin inui uing ng lega legall education; this is specially significant to refresh the applicant/pe /petitioner’s knowledge of Philippine laws and update him of legal developments and (d) (d) the the retak etakin ing g of the the lawy lawyer er’s ’s oath oath whic which h will will not not only only remi remind nd him him of his his duties duties and respon responsib sibili ilitie ties s as a lawyer lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines. The Court granted the petition subject to compl complian iance ce with with the condit condition ions s stated stated above above and subm submiss ission ion of proof proof of such such compl complian iance ce to the Bar Bar Confid Confidant ant,, after after which he may retake his oath as a member of the Philippine bar.
