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Digest Bar Matter 1678 Petition For Leave

Atty. Benjamin Dacanay became a Canadian citizen in 2004 to take advantage of Canada's free medical aid program, but reacquired his Philippine citizenship in 2006 under the Citizenship Retention and Re-Acquisition Act. He now petitions to resume practicing law in the Philippines. The court held that as Dacanay reacquired Philippine citizenship, his membership to the Philippine bar is deemed to have never been terminated. However, before resuming practice, Dacanay must update his annual membership dues, pay professional taxes, complete 36 hours of continuing legal education, and retake the lawyer's oath to restore his good standing.

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875 views1 page

Digest Bar Matter 1678 Petition For Leave

Atty. Benjamin Dacanay became a Canadian citizen in 2004 to take advantage of Canada's free medical aid program, but reacquired his Philippine citizenship in 2006 under the Citizenship Retention and Re-Acquisition Act. He now petitions to resume practicing law in the Philippines. The court held that as Dacanay reacquired Philippine citizenship, his membership to the Philippine bar is deemed to have never been terminated. However, before resuming practice, Dacanay must update his annual membership dues, pay professional taxes, complete 36 hours of continuing legal education, and retake the lawyer's oath to restore his good standing.

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SORITA LAW
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BAR MATTER 1678 PETITION FOR LEAVE TO RESUME PRACTICE OF LAW

BENJAMIN DACANAY

In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take
advantage ofCanada’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.

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