Case Digest (B.M. No. 4720)
Facts:
The case involves Regina Stella P. Jacinto, a petitioner admitted to the Philippine Bar on April 11, 1996, bearing Roll of Attorneys No. 40547. On May 29, 2023, she acquired Maltese citizenship but argued that under the Maltese Citizenship Act, dual citizenship is lawful and does not require renouncing her Philippine citizenship. Citing Republic Act No. 9225, the Citizenship Retention and Re-acquisition Act of 2003, Jacinto maintained that she did not lose her Philippine citizenship since she became a Maltese citizen after the enactment of this law. Consequently, on June 29, 2023, she filed a Petition for Retention/Re-acquisition of Philippine Citizenship with the Bureau of Immigration (BI), which was granted on July 14, 2023, issuing her a Certificate of Re-acquisition/Retention of Philippine Citizenship. She took her Oath of Allegiance to the Republic of the Philippines on August 7, 2023. Subsequently, Jacinto filed a petition before the Office of the Bar Confidant (OBC) to fo...Case Digest (B.M. No. 4720)
Facts:
- Background of Petitioner
- Regina Stella P. Jacinto (Jacinto) was admitted to the Philippine Bar on April 11, 1996 with Roll of Attorneys No. 40547.
- On May 29, 2023, Jacinto acquired Maltese citizenship.
- According to the Maltese Citizenship Act, it is lawful for a person to hold dual citizenship, including Maltese and another nationality simultaneously.
- Jacinto asserted she was not required under Maltese law to renounce her Philippine citizenship.
- Retention of Philippine Citizenship
- Citing Republic Act No. 9225 (RA 9225), or the "Citizenship Retention and Re-acquisition Act of 2003," Jacinto claims she did not lose her Philippine citizenship despite becoming a Maltese citizen after the law’s effectivity.
- On June 29, 2023, she filed a Petition for Retention/Re-acquisition of Philippine Citizenship under RA 9225 before the Bureau of Immigration (BI).
- BI granted her petition on July 14, 2023, issuing a Certificate of Re-acquisition/Retention of Philippine Citizenship.
- On August 7, 2023, Jacinto took her Oath of Allegiance to the Republic of the Philippines before a BI solemnizing officer in Manila.
- Petition to Formalize Privilege to Practice Law
- Jacinto filed a Petition dated September 8, 2023 before the Office of the Bar Confidant (OBC) to formalize her privilege to practice law in the Philippines.
- She submitted several documentary requirements as enumerated in the precedent case In Re: Muneses, including certificates of naturalization, retention of citizenship, good standing certificates from the OBC and the Integrated Bar of the Philippines (IBP), a letter of recommendation, clearances, proof of professional tax payment, and compliance with Mandatory Continuing Legal Education (MCLE).
- OBC Report and Recommendation
- The OBC, through its Report dated October 2, 2023, recommended that Jacinto be allowed to retake the Lawyer’s Oath and sign the Roll of Attorneys.
- The OBC found her compliant with all requisites set forth in the case of In Re: Muneses.
- Issue for Resolution
- Whether Jacinto’s privilege to practice law in the Philippines should be formalized.
Issues:
- Whether Jacinto, having acquired Maltese citizenship after RA 9225, may retain and formalize her privilege to practice law in the Philippines without losing her Philippine citizenship.
- Whether the reacquisition or retention of Philippine citizenship under RA 9225 confers the right to resume the practice of law or whether formal proceedings before the Supreme Court are still necessary.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)