B.M. No. 1678 – 565 Phil. 165 – 540 SCRA 424 – Legal Ethics – Practice of Law – Practice of Law is Reserved for Filipinos
In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take advantage of Canada’s free medical aid program he became a Canadian citizen in 2004. In 2006 however, he re-acquired his Philippine citizenship pursuant to Republic Act 9225 of the Citizenship Retention and Re-Acquisition Act of 2003. In the same year, he returned to the Philippines and he now intends to resume his practice of law.
ISSUE: Whether or not Benjamin Dacanay may still resume his practice of law.
HELD: Yes. As a rule, the practice of law and other professions in the Philippines are reserved and limited only to Filipino citizens. Philippine citizenship is a requirement for admission to the bar. So when Dacanay became a Canadian citizen in 2004, he ceased to have the privilege to practice law in the Philippines. However, under RA 9225, a Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine citizenship if he reacquires his Filipino citizenship in accordance with RA 9225. Hence, when Dacanay reacquires his Filipino citizenship in 2006, his membership to the Philippine bar was deemed to have never been terminated.
But does this also mean that he can automatically resume his practice of law right after reacquisition?
No. Dacanay must still comply with several conditions before he can resume his practice of law, to wit:
(a) the updating and payment in full of the annual membership dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours of mandatory continuing legal education; this is especially significant to refresh the applicant/petitioner’s knowledge of Philippine laws and update him of legal developments and
(d) the retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines.
Compliance with these conditions will restore his good standing as a member of the Philippine bar.
