Re: Dacanay

Factual Background

Benjamin M. Dacanay was admitted to the Philippine bar in March 1960 and practiced law in the Philippines until he migrated to Canada in December 1998 to seek medical attention. He applied for Canadian citizenship to avail himself of Canada's free medical aid program and became a Canadian citizen in May 2004. Under RA 9225, he reacquired Philippine citizenship and, on July 14, 2006, took his oath of allegiance as a Filipino before the Philippine Consulate General in Toronto. He thereafter returned to the Philippines and sought to resume the practice of law. The central factual question was whether his acquisition of Canadian citizenship in May 2004 had caused the termination of his membership in the Philippine bar.

Office of the Bar Confidant Report

The Office of the Bar Confidant, in a report dated October 16, 2007, cited Section 2, Rule 138, Rules of Court, which requires that every applicant for admission to the bar be a citizen of the Philippines, at least twenty-one years of age, of good moral character, and a resident of the Philippines, and that the applicant produce satisfactory evidence of good moral character and that no charges involving moral turpitude are pending. The Office concluded that, by virtue of his reacquisition of Philippine citizenship in 2006, Benjamin M. Dacanay again satisfied the citizenship requirement and recommended that he be allowed to resume the practice of law, conditioned on his retaking the lawyer's oath. The Court accepted the recommendation with modifications.

Issue Presented

The legal issues were whether loss of Filipino citizenship by a lawyer terminates membership in the Philippine bar and the privilege to practice law, whether reacquisition of Philippine citizenship under RA 9225 automatically restores the right to practice, and what steps, if any, the petitioner must take to resume practice after reacquisition.

Legal Analysis and Reasoning

The Court reaffirmed that the practice of law is a privilege subject to regulation by the State and this Court. It noted that admission to and continuation in the bar require compliance with constitutional and statutory qualifications and ongoing conditions of good standing. Under Section 1, Rule 138, Rules of Court, only a person duly admitted and in good and regular standing is entitled to practice law. Section 2, Rule 138 mandates Philippine citizenship as a prerequisite for admission. The Court held that, because the practice of professions in the Philippines "shall be limited to Filipino citizens" under the last paragraph of Section 14, Article XII, loss of Filipino citizenship terminates membership in the bar and the privilege to practice ipso jure. The Court recognized the narrow exception created by RA 9225, which deems Philippine citizens who become citizens of another country not to have lost their Philippine citizenship where they reacquire it in accordance with that Act. The Court therefore concluded that a lawyer who naturalizes abroad and later reacquires Philippine citizenship pursuant to RA 9225 is deemed never to have lost Philippine citizenship and, by implication, is deemed never to have terminated bar membership; however, the Court emphasized that no automatic right to resume practice accrues upon reacquisition. The Court relied upon Section 5(4), RA 9225, which requires a person who intends to practice a profession in the Philippines after reacquisition of citizenship to apply with the proper authority for a license or permit to engage in such practice. The Court further invoked prior authorities on the nature of the privilege to practice and the conditions for continued membership such as In re Atty. Marcial Edillon, Heck v. Santos, and In re Bosque.

Conditions Imposed for Resumption of Practice

The Court held that before a lawyer who reacquired citizenship pursuant to RA 9225 may resume the practice of law, the Court must grant authority to do so subject to conditions designed to restore good standing. The Court specified the following conditions: (a) updating and payment in full of annual membership dues to the Integrated Bar of the Philippines; (b) payment of the annual professional tax; (c) completion of at least 36 credit hours of mandatory continuing legal education to refresh and update knowledge of Philippine laws and developments; and (d) retaking of the lawyer's oath to renew the pledge of allegiance to the Republic and to remind the lawyer of duties and responsibilities. Compliance with these conditions restores good standing.

Disposition

The Court granted the petition of Benjamin M. Dacanay to resume the practice of law,