PETITION FOR LEAVE TO RESUME PRACTICE OF LAW of BENJAMIN M.

DACANAY
B.M. No. 1678 December 17, 2007
Facts:
Petitioner was admitted to the Philippine bar in March 1960. He practiced law until he migrated
to Canada in December 1998 to seek medical attention for his ailments. He subsequently applied
for Canadian citizenship to avail of Canadas free medical aid program. His application was
approved and he became a Canadian citizen in May 2004.
On July 14, 2006, pursuant to Republic Act (RA) 9225 (Citizenship Retention and ReAcquisition Act of 2003), petitioner reacquired his Philippine citizenship. On that day, he took
his oath of allegiance as a Filipino citizen before the Philippine Consulate General in Toronto,
Canada. Thereafter, he returned to the Philippines and now intends to resume his law practice.
Issue:
WON petitioner may still resume practice? YES
Held:
Section 2, Rule 138 of the Rules of Court provides an 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.5 He must also produce before this Court satisfactory evidence of good moral
character and that no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.
Since Filipino citizenship is a requirement for admission to the bar, loss thereof terminates
membership in the Philippine bar and, consequently, the privilege to engage in the practice of
law. In other words, the loss of Filipino citizenship ipso jure terminates the privilege to practice
law in the Philippines. The practice of law is a privilege denied to foreigners.
The exception is when Filipino citizenship is lost by reason of naturalization as a citizen of
another country but subsequently reacquired pursuant to RA 9225. This is because all Philippine
citizens who become citizens of another country shall be deemed not to have lost their Philippine
citizenship under the conditions of [RA 9225]. Therefore, a Filipino lawyer who becomes a
citizen of another country is deemed never to have lost his Philippine citizenship if he reacquires
it in accordance with RA 9225.
Before he can can resume his law practice, he must first secure from this Court the authority to
do so, conditioned on:
o the updating and payment of of IBP membership dues;
o the payment of professional tax;
o the completion of at least 36 credit hours of mandatory continuing legal education; this is

specially significant to refresh the applicant/petitioners knowledge of Philippine laws and

update him of legal developments and
o the retaking of the lawyers oath.
DECISION: GRANTED.

lawphil.net

B.M. No. 1678

Republic of the Philippines
SUPREME COURT
Manila
EN BANC
B.M. No. 1678

December 17, 2007

PETITION FOR LEAVE TO RESUME PRACTICE OF LAW,

BENJAMIN M. DACANAY, petitioner.
RE S O LUTI ON
CORONA, J.:
This bar matter concerns the petition of petitioner Benjamin M. Dacanay for leave to resume the
practice of law.
Petitioner was admitted to the Philippine bar in March 1960. He practiced law until he migrated
to Canada in December 1998 to seek medical attention for his ailments. He subsequently applied
for Canadian citizenship to avail of Canadas free medical aid program. His application was
approved and he became a Canadian citizen in May 2004.
On July 14, 2006, pursuant to Republic Act (RA) 9225 (Citizenship Retention and ReAcquisition Act of 2003), petitioner reacquired his Philippine citizenship.1 On that day, he took
his oath of allegiance as a Filipino citizen before the Philippine Consulate General in Toronto,
Canada. Thereafter, he returned to the Philippines and now intends to resume his law practice.
There is a question, however, whether petitioner Benjamin M. Dacanay lost his membership in
the Philippine bar when he gave up his Philippine citizenship in May 2004. Thus, this petition.

In a report dated October 16, 2007, the Office of the Bar Confidant cites Section 2, Rule 138
(Attorneys and Admission to Bar) of the Rules of Court:
SECTION 2. Requirements for all applicants for admission to the bar. Every
applicant for admission as a member of the bar must be a citizen of the
Philippines, at least twenty-one years of age, of good moral character, and a
resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the
Philippines.
Applying the provision, the Office of the Bar Confidant opines that, by virtue of his reacquisition
of Philippine citizenship, in 2006, petitioner has again met all the qualifications and has none of
the disqualifications for membership in the bar. It recommends that he be allowed to resume the
practice of law in the Philippines, conditioned on his retaking the lawyers oath to remind him of
his duties and responsibilities as a member of the Philippine bar.
We approve the recommendation of the Office of the Bar Confidant with certain modifications.
The practice of law is a privilege burdened with conditions.2 It is so delicately affected with
public interest that it is both a power and a duty of the State (through this Court) to control and
regulate it in order to protect and promote the public welfare.3
Adherence to rigid standards of mental fitness, maintenance of the highest degree of morality,
faithful observance of the rules of the legal profession, compliance with the mandatory
continuing legal education requirement and payment of membership fees to the Integrated Bar of
the Philippines (IBP) are the conditions required for membership in good standing in the bar and
for enjoying the privilege to practice law. Any breach by a lawyer of any of these conditions
makes him unworthy of the trust and confidence which the courts and clients repose in him for
the continued exercise of his professional privilege.4
Section 1, Rule 138 of the Rules of Court provides:
SECTION 1. Who may practice law. Any person heretofore duly admitted as a
member of the bar, or thereafter admitted as such in accordance with the
provisions of this Rule, and who is in good and regular standing, is entitled to
practice law.
Pursuant thereto, any person admitted as a member of the Philippine bar in accordance with the
statutory requirements and who is in good and regular standing is entitled to practice law.
Admission to the bar requires certain qualifications. The Rules of Court mandates that an
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.5 He must also produce before this
Court satisfactory evidence of good moral character and that no charges against him, involving
moral turpitude, have been filed or are pending in any court in the Philippines.6

Moreover, admission to the bar involves various phases such as furnishing satisfactory proof of
educational, moral and other qualifications;7 passing the bar examinations;8 taking the lawyers
oath9 and signing the roll of attorneys and receiving from the clerk of court of this Court a
certificate of the license to practice.10
The second requisite for the practice of law membership in good standing is a continuing
requirement. This means continued membership and, concomitantly, payment of annual
membership dues in the IBP;11 payment of the annual professional tax;12 compliance with the
mandatory continuing legal education requirement;13 faithful observance of the rules and ethics
of the legal profession and being continually subject to judicial disciplinary control.14
Given the foregoing, may a lawyer who has lost his Filipino citizenship still practice law in the
Philippines? No.
The Constitution provides that the practice of all professions in the Philippines shall be limited to
Filipino citizens save in cases prescribed by law.15 Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in the Philippine bar and, consequently,
the privilege to engage in the practice of law. In other words, the loss of Filipino citizenship ipso
jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege
denied to foreigners.16
The exception is when Filipino citizenship is lost by reason of naturalization as a citizen of
another country but subsequently reacquired pursuant to RA 9225. This is because "all Philippine
citizens who become citizens of another country shall be deemed not to have lost their Philippine
citizenship under the conditions of [RA 9225]."17 Therefore, a Filipino lawyer who becomes a
citizen of another country is deemed never to have lost his Philippine citizenship if he
reacquires it in accordance with RA 9225. Although he is also deemed never to have
terminated his membership in the Philippine bar, no automatic right to resume law practice
accrues.
Under RA 9225, if a person intends to practice the legal profession in the Philippines and he
reacquires his Filipino citizenship pursuant to its provisions "(he) shall apply with the proper
authority for a license or permit to engage in such practice."18 Stated otherwise, before a lawyer
who reacquires Filipino citizenship pursuant to RA 9225 can resume his law practice, he must
first secure from this Court the authority to do so, conditioned on:
(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 specially significant to refresh the applicant/petitioners
knowledge of Philippine laws and update him of legal developments and

(d) the retaking of the lawyers 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.
WHEREFORE, the petition of Attorney Benjamin M. Dacanay is hereby GRANTED, subject
to compliance with the conditions stated above and submission of proof of such compliance to
the Bar Confidant, after which he may retake his oath as a member of the Philippine bar.
SO ORDERED.
Puno, C.J., Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Carpio-Morales,
Azcuna, Tinga, Chico-Nazario, Velasco, Jr., Nachura, Reyes, Leonardo-de Castro, JJ., concur.
Quisumbing, J., on leave.
Footnotes
1

As evidence thereof, he submitted a copy of his Identification Certificate No. 0716912 duly signed by Immigration Commissioner Marcelino C. Libanan.
2

In the Matter of the IBP Membership Dues Deliquency of Atty. Marcial A.

Edillon, A.C. No. 1928, 19 December 1980, 101 SCRA 612.
3

Heck v. Santos, A.M. No. RTJ-01-1657, 23 February 2004, 423 SCRA 329.

In re Atty. Marcial Edillon, A.C. No. 1928, 03 August 1978, 84 SCRA 554.

Section 2, Rule 138, Rules of Court.

Id.

Sections 2, 5 and 6, id.

Sections 8 to 11 and 14, id.

Section 17, id.

10

Sections 18 and 19, id.

11

In re Integration of the Bar of the Philippines, 09 January 1973, 49 SCRA 22; In

re Atty. Marcial Edillon, supra note 3.
12

Section 139, RA 7160.

13

Resolution dated August 8, 2000 in Bar Matter No. 850 (Rules on Mandatory
Continuing Legal Education for Members of the IBP).
14

Philippine Association of Free Labor Unions v. Binalbagan Isabela Sugar Co.,

G.R. No. L-23959, 29 November 1971, 42 SCRA 302.
15

See last paragraph of Section 14, Article XII.

16

In re Bosque, 1 Phil. 88 (1902).

17

Section 2, RA 9225. Emphasis supplied.

18

Section 5(4), id.

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