Case Digest (B.M. NO. 1678)
Facts:
In Benjamin M. Dacanay v. Supreme Court (565 Phil. 165, En Banc, December 17, 2007), petitioner Benjamin M. Dacanay, admitted to the Philippine Bar in March 1960, practiced law until December 1998 when he migrated to Canada for medical treatment. Seeking access to Canada’s free medical aid program, he applied for and obtained Canadian citizenship in May 2004. On July 14, 2006, pursuant to Republic Act No. 9225 (Citizenship Retention and Re-Acquisition Act of 2003), he formally reacquired Philippine citizenship by taking his oath of allegiance before the Philippine Consulate General in Toronto. After returning to the Philippines, he filed a petition for leave to resume the practice of law, raising the question whether the loss of Filipino citizenship in 2004 had ipso jure terminated his membership in the Philippine Bar. The Office of the Bar Confidant, in its October 16, 2007 report, cited Section 2, Rule 138 of the Rules of Court, opined that petitioner’s reacquisition restoredCase Digest (B.M. NO. 1678)
Facts:
- Admission and Practice History
- Petitioner Benjamin M. Dacanay was admitted to the Philippine Bar in March 1960.
- He practiced law until December 1998, when he migrated to Canada for medical treatment.
- Citizenship Changes and Reacquisition
- Dacanay became a Canadian citizen in May 2004 to avail himself of Canada’s free medical aid program.
- On July 14, 2006, he reacquired Philippine citizenship pursuant to RA 9225, taking his oath before the Philippine Consulate General in Toronto.
- Petition to Resume Practice
- Upon his return to the Philippines, petitioner filed a petition for leave to resume the practice of law, questioning whether he had lost his bar membership upon losing Philippine citizenship.
- On October 16, 2007, the Office of the Bar Confidant reported that, under Rule 138, Section 2 of the Rules of Court, petitioner again met all qualifications for bar membership and recommended allowing him to resume practice, conditioned on retaking the lawyer’s oath.
Issues:
- Effect of Loss of Citizenship on Bar Membership
- Does loss of Philippine citizenship upon naturalization in Canada ipso jure terminate Dacanay’s bar membership and his privilege to practice law?
- Impact of Reacquisition of Citizenship under RA 9225
- Does reacquisition of Philippine citizenship under RA 9225 automatically restore bar membership and the privilege to practice law, or are further Supreme Court requirements necessary?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)