REINSTATEMENT/READMISSION TO possesses the requisite probity and integrity;

and
THE BAR
Reinstatement is the restoration through disbarment 6. Favorable endorsement of the IBP and
proceedings to a disbarred lawyer the privilege to pleas of his loved ones. (Yap Tan v.
practice law. Sabandal, B.M. No. 144, Feb. 24, 1989)

The power of the Supreme Court to reinstate is based on Note: The court may require applicant for
its constitutional prerogative to promulgate rules on the reinstatement to enroll in and pass the
admission of applicants to the practice of law. (Sec. 5[5], required fourth year review classes in a
Art. VIII, 1987 Constitution) recognized law school. (Cui vs. Cui, 11
SCRA 755)
The SC will take into account the following
considerations: Note: A lawyer who is disbarred and is given
absolute pardon by the President is not
1. The applicant’s character and standing prior automatically reinstated, he must still file a petition
to the disbarment; for reinstatement with the SC.

2. The nature and character of the charge for

which he was disbarred; EFFECTS OF REINSTATEMENT

3. His conduct subsequent to the disbarment, 1. Recognition of moral rehabilitation and mental
and the time that has elapsed between the fitness to practice law;
disbarment and the application for
reinstatement; (Prudential Bank v. Benjamin 2. Reinstatement to the roll of attorneys wipes out
Grecia, A.C. No. 2756, Dec. 18, 1990) the restrictions and disabilities resulting from a
previous disbarment (Cui v. Cui, G.R. No. L-
4. His efficient government service; (In re: 18727, Aug. 31, 1964);
Adriatico, G.R. No. L-2532, Nov. 17, 1910)

5. Applicant’s appreciation of the significance of 3. Lawyer shall be subject to same law, rules and
his dereliction and his assurance that he now regulations as those applicable to any other
lawyer;
 Resume Practice of Law, Benjamin M. Dacanay, 540
SCRA 424, B.M. No. 1678 December 17, 2007)
4. Lawyer must comply with the conditions
imposed on his readmission Effect of reacquisition of Filipino citizenship

CONDITION FOR REINSTATEMENT Under R.A. No. 9225, natural-born citizens who have
lost their Philippine citizenship by reason of their
A lawyer who has been suspended or disbarred naturalization as citizens of a foreign country are deemed
may be reinstated only when the SC is satisfied that he is to have re-acquired their Philippine citizenship upon
a person possessing a good moral character and fit to taking the oath of allegiance to the Republic. Thus, a
engage in the practice of law. Filipino lawyer who becomes a citizen of another country
and later re-acquires his Philippine citizenship under R.A.
No. 9225, remains to be a member of the Philippine Bar.-
LAWYERS WHO HAVE REPATRIATED (In Re: Petition to Re-Acquire the Privilege to Practice
Law in the Philippines, Epifanio B. Muneses, 677 SCRA
364, B.M. No. 2112 July 24, 2012)
Does a lawyer lose his membership in the Philippine bar
when he gave up his Philippine citizenship?
Requirements before one can resume practice of law
after reacquiring Filipino citizenship:
Rule 138, Section 2 states that every applicant for
admission as a member of the bar must be a Filipino
Before a lawyer who reacquires Filipino citizenship
citizen xxx The loss of Filipino citizenship ipso jure
pursuant to RA 9225 can resume his law practice, he
terminates the privilege to practice law in the Philippines
must first secure from this Court the authority to do so,
—the practice of law is a privilege denied to foreigners—
conditioned on:
except when Filipino citizenship is lost by reason of
naturalization as a citizen of another country but
a) the updating and payment in full of the annual
subsequently reacquired pursuant to RA 9225; A Filipino
membership dues in the IBP;
lawyer who becomes a citizen of another country is
deemed never to have lost his Philippine citizenship if he
b) the payment of professional tax;
reacquires it in accordance with RA 9225, but, although
he is also deemed never to have terminated his
c) the completion of at least 36 credit hours of mandatory
membership in the Philippine bar, no automatic right to
continuing legal education; this is especially significant to
resume law practice accrues.—(Petition for Leave to
refresh the applicant/petitioner’s knowledge of Philippine Purpose: To be ensure that throughout their career, they
laws and update him of legal developments and keep abreast with, maintain the ethics of the profession
and enhance the standards of the practice of law. (Bar
d) the retaking of the lawyer’s oath which will not only Matter No. 850, Rule 1, Sec. 1)
remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge REQUIREMENTS OF COMPLETION OF MCLE
to maintain allegiance to the Republic of the Philippines.
Members of the IBP shall complete every three (3) years
Compliance with these conditions will restore his good at least 36 hours of continuing legal education activities
standing as a member of the Philippine bar. - (Petition for unless exempted under Rule 7. (Bar Matter No. 850,
Leave to Resume Practice of Law, Benjamin M. Rule 1, Sec. 2)
Dacanay, 540 SCRA 424, B.M. No. 1678 December 17,
2007) The 36 hours shall be divided as follows:

The retaking of the lawyer’s oath which will not only a) 9 hours – Updates on Substantive and
remind him of his duties and responsibilities as a lawyer
Procedural Laws and Jurisprudence
and as an officer of the Court, but also renew his pledge
to maintain allegiance to the Republic of the Philippines. b) 6 hours – Legal Ethics
(Petition for Leave to Resume Practice of Law of
c) 6 hours – such other subjects as may be
Benjamin Dacanay, B.M. No. 1678, Dec. 17, 2007)
prescribed by the Committee on MCLE
d) 5 hours – Alternative Dispute Resolution
Bar Matter 850: MANDATORY
e) 4 hours - Trial and Pretrial skills
CONTINUING LEGAL EDUCATION
f) 4 hours – Writing and Oral Advocacy
(MCLE) (Adopting the Rules on the
Continuing Legal Education for g) 2 hours – International Law and
International Conventions
Members of the Integrated Bar of the
Philippines)
PARTIES EXEMPTED FROM ATTENDING MCLE
Effectivity: August 8, 2000
1. The President, Vice-President, and the Secretaries 10. Incumbent deans, bar reviewers and professors of
and Undersecretaries of executive departments; law who have teaching experience for at least 10
2. Senators and Members of the House of years in accredited law schools;
Representatives;
11. The Chancellor, Vice-Chancellor and members of the
Corps of Professional Lecturers of the Philippine
3. The Chief Justice and Associate Justices of the SC, Judicial Academy; and
incumbent and retired justices of the judiciary,
incumbent members of the Judicial and Bar Council 12. Governors and Mayors
and incumbent court lawyers covered by the
Philippine Judicial Academy Program of continuing Other Exempted Parties
legal education;
i. Those who are not in law practice, private or public
4. The Chief State Counsel, Chief State Prosecutor and ii. Those who have retired from law practice with the
Assistant Secretaries of the Department of Justice; approval of the IBP Board of Governors

5. The Solicitor-General and the Assistant Solicitor Note: Applications for exemption from or
General; modification of the MCLE requirement should
indicate the cause why should he be exempted. It
6. The Government Corporate Counsel, Deputy and shall be under oath and supported by documents.
Assistant Government Corporate Counsel;
Proof of exemption: Applications for exemption from
7. The Chairman and Members of the Constitutional or modification of the MCLE requirement shall be
Commissions; under oath and supported by documents.

8. The Ombudsman, the Overall Deputy Ombudsman, Sanctions for Non-Compliance

the Deputy Ombudsman and the Special Prosecutor
of the Office of the Ombudsman; 1. Shall be listed as delinquent member by the IBP
Board of Governors upon recommendation of the
9. Heads of government agencies exercising quasi Committee on MCLE.
judicial functions;
2. Shall be made with notice and hearing by the
Committee on MCLE of the MCLE
 requirement shall be under oath and 4. The initial terms of each of the 3 members shall be 5,
supported by documents. 4 and 3 years respectively.

Bar Matter No. 1922 requires practicing

members of the bar to indicate in all pleadings
filed before the courts or quasi-judicial bodies,
the number and date of issue of their MCLE
Certificate of Compliance or Certificate of
Exemption, as may be applicable, for the
immediately preceding compliance period.
Failure to disclose the required information
would cause the dismissal of the case and the
expunction of the pleadings from the records.

Committee on Mandatory Continuing Legal

Education

1. Composition:

a. Retired Justice of the SC – Chairman,

nominated by the SC
b. IBP National President – Vice-Chair
c. 3 other members – nominated by the
Philippine Judicial Academy, UP Law Center
and Association of Law Professors,
respectively.

2. Members are of proven probity and integrity

3. Compensation as may be determined by the SC.