Case Digest (G.R. No. L-29658)
Facts:
In In re: Petition to Re-Acquire the Privilege to Practice Law in the Philippines, Epifanio B. Muneses (petitioner) filed with the Office of the Bar Confidant (OBC) on June 8, 2009, a petition to resume his practice of law. Admitted to the Integrated Bar of the Philippines (IBP) on March 21, 1966, he lost his Philippine practice privilege when he naturalized as a United States citizen on August 28, 1981. On September 15, 2006, under Republic Act No. 9225 (the “Citizenship Retention and Re-Acquisition Act of 2003”), he re-acquired Philippine citizenship by taking his oath before the Philippine Consulate General in Washington, D.C. He submitted photocopies of his petition and oath of allegiance, R.A. 9225 order, IBP dues payment, and MCLE attendance forms. The OBC required original or certified true copies of his re-acquisition petition and order, oath of allegiance, Bureau of Immigration identification, Certificate of Good Standing from the IBP, updated IBP dues, professional taxCase Digest (G.R. No. L-29658)
Facts:
- Factual Background of Epifanio B. Muneses
- Admitted to the Integrated Bar of the Philippines (IBP) on March 21, 1966; lost his privilege to practice law upon naturalization as a U.S. citizen on August 28, 1981.
- Re-acquired Philippine citizenship on September 15, 2006 under Republic Act No. 9225 (“Citizenship Retention and Re-Acquisition Act of 2003”) by taking his oath of allegiance before the Philippine Consulate General in Washington, D.C.
- Filed a petition with the Office of the Bar Confidant (OBC) on June 8, 2009, praying to resume the practice of law in the Philippines.
- Initial Supporting Documents (Photocopies)
- Oath of Allegiance dated September 15, 2006 before Consul General Domingo P. Nolasco; Petition and Order for Re-Acquisition of Philippine Citizenship of same date.
- Letter dated March 13, 2008 evidencing payment of IBP membership dues; Mandatory Continuing Legal Education (MCLE) attendance forms.
- OBC Documentary Requirements and Petitioner’s Compliance
- OBC required originals or certified true copies of: Petition, Order, Oath, Bureau of Immigration Identification Certificate, IBP Certificate of Good Standing, certification of updated IBP dues payment, professional tax receipt, and MCLE compliance certificate.
- Petitioner submitted: Petition, Order, Oath, Bureau of Immigration Certificate of Re-Acquisition, IBP-Surigao City Chapter certification (May 19, 2010) on good moral character and dues payment, 2010 professional tax receipt, MCLE Certificate of Compliance (2nd period), and University of Cebu College of Law MCLE certification (December 5, 2008).
- OBC Recommendation and Supreme Court Action
- OBC found that all qualifications for bar membership were met, with no disqualifications, and recommended that petitioner be allowed to resume practice.
- Supreme Court en banc, in Resolution dated July 24, 2012, adopted the OBC recommendation and granted the petition, subject to conditions.
- Related Precedent – Bar Matter No. 1678 (Benjamin M. Dacanay)
- Dacanay admitted to the Philippine Bar in March 1960, naturalized as Canadian citizen in May 2004, and re-acquired Philippine citizenship on July 14, 2006 under R.A. 9225.
- Supreme Court held that re-acquisition of citizenship under R.A. 9225 deems citizenship restored but does not automatically restore the privilege to practice law; an application for license or permit must be filed under Section 5 of R.A. 9225.
Issues:
- Whether a Philippine lawyer who naturalizes in a foreign country and later re-acquires Philippine citizenship under R.A. 9225 may resume the practice of law.
- Whether compliance with OBC’s documentary and continuing legal education requirements suffices for the resumption of the privilege to practice law.
- Whether the right to resume practice is automatic upon re-acquisition of citizenship or requires additional application and issuance of a permit.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)