Case Digest (B.M. NO. 1678)
Facts:
Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007, the Supreme Court En Banc, Corona, J., writing for the Court.Petitioner Benjamin M. Dacanay was admitted to the Philippine bar in March 1960 and practiced law until December 1998, when he migrated to Canada for medical treatment. While in Canada he applied for and obtained Canadian citizenship in May 2004 in order to avail himself of Canadian medical benefits.
On July 14, 2006, petitioner reacquired Philippine citizenship 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 Toronto. He thereafter returned to the Philippines and sought to resume the practice of law, prompting this petition to the Court whether his earlier acquisition of foreign citizenship had terminated his membership in the Philippine bar and, if so, what must be done to resume practice.
The petition was processed as a bar matter before the Court; the Office of the Bar Confidant, in a report dated October 16, 2007, applied Rule 138, Sections 1 and 2 of the Rules of Court and concluded that petitioner, by reacquiring Philippine citizenship, again met the citizenship qualification for bar membership and recommended allowance to resume practice conditioned on retaking the lawyer’s oath. The Court considered the report, relevant R...(Pro-only)
Issues:
- Did petitioner lose his membership in the Philippine bar upon acquiring foreign citizenship in May 2004?
- If membership was lost, does reacquisition of Philippine citizenship under RA 9225 automatically restore the right to practice law, or may the Court impose conditions before permitting r...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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