Case Summary (B.M. NO. 1678)
Constitutional and Statutory Requirements for Bar Membership
Article XII, Section 14 of the 1987 Constitution limits the practice of all professions to Filipino citizens, except as otherwise provided by law. Rule 138, Sections 1 and 2 of the Rules of Court set forth that a person admitted to the bar must at all times be a Philippine citizen, at least twenty-one years of age, of good moral character, and a resident of the Philippines. Continuous good standing further requires payment of IBP membership dues, payment of professional tax, compliance with MCLE, and faithful observance of legal ethics.
Impact of Loss and Reacquisition of Citizenship on Bar Membership
Loss of Filipino citizenship through naturalization abroad terminates membership in the Philippine Bar and the privilege to practice law. However, under Section 2 of RA 9225, those who reacquire citizenship pursuant to the Act are “deemed not to have lost” their Philippine citizenship. Accordingly, a lawyer who reacquires citizenship is deemed never to have ceased bar membership, but no automatic right to practice is restored; he must apply to the Supreme Court for permission to resume practice.
Conditions for Resumption of the Practice of Law
Before resuming practice, the petitioner must satisfy conditions designed to ensure his fitness and updated competence:
a. Payment in full of all outstanding IBP membership dues;
b. Payment of the annual professional tax;
c. Completion of at least 36 credit hours of MCLE to update knowledge of developments in Philippine law;
d. Retaki
Case Syllabus (B.M. NO. 1678)
Facts of the Case
- 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.
- In May 2004, his application for Canadian citizenship was approved to avail himself of Canada’s free medical aid program.
- On July 14, 2006, under Republic Act No. 9225 (Citizenship Retention and Re-Acquisition Act of 2003), he formally reacquired Philippine citizenship and took his oath of allegiance before the Philippine Consulate General in Toronto.
- Upon return to the Philippines, he filed a petition with this Court seeking leave to resume the practice of law.
Issue
- Whether Benjamin M. Dacanay, having lost his Philippine citizenship by naturalizing in Canada in May 2004 and subsequently reacquiring it under RA 9225, may be deemed a member in good standing of the Philippine Bar and entitled to resume the practice of law.
Applicable Legal Provisions
- Section 2, Rule 138 of the Rules of Court – sets forth requirements for bar admission (Philippine citizenship, age, moral character, residency, absence of pending charges involving moral turpitude).
- Section 1, Rule 138 of the Rules of Court – defines who may practice law (any duly admitted member of the Bar in good and regular standing).
- Section 14, Article XII of the 1987 Constitution – limits the practice of all profession