Dacanay, In re
NEW DOCTRINEFacts
The Antecedents: Benjamin M. Dacanay, admitted to the Philippine bar in 1960, practiced law until December 1998 when he migrated to Canada. He subsequently became a Canadian citizen in May 2004 to access Canada's medical aid program. This act of becoming a foreign citizen raised questions about his continued membership in the Philippine bar. Procedural History: After reacquiring his Philippine citizenship in July 2006 under Republic Act No. 9225, Dacanay returned to the Philippines with the intention of resuming his law practice. The Office of the Bar Confidant reviewed his petition, citing Section 2 of Rule 138 of the Rules of Court, which requires Philippine citizenship for bar membership. The Office opined that Dacanay now meets the qualifications and recommended allowing him to resume practice, conditioned on retaking the lawyer's oath. The Petition: Dacanay filed a petition for leave to resume his practice of law. The core issue is whether his loss of Philippine citizenship in 2004 terminated his membership in the Philippine bar. The petition argues that by reacquiring his citizenship under RA 9225, he is deemed never to have lost it and thus should be allowed to practice, subject to fulfilling certain conditions such as updating IBP dues, paying professional tax, completing mandatory continuing legal education, and retaking the lawyer's oath.
Issue(s)
Whether a lawyer who lost Filipino citizenship but subsequently reacquired it under Republic Act (RA) 9225 may resume the practice of law in the Philippines, and what conditions govern such resumption.
Ruling
The petition of Attorney Benjamin M. Dacanay is GRANTED, subject to compliance with the conditions of updating IBP dues, paying professional tax, completing 36 hours of MCLE, and retaking the lawyer's oath.
Ratio Decidendi
On the Resumption of Law Practice after Reacquiring Citizenship: The Court held that the practice of law is a privilege burdened with conditions and is so delicately affected with public interest that the State must regulate it. Under Section 2, Rule 138 of the Rules of Court and Article XII, Section 14 of the Constitution, Filipino citizenship is a requirement for admission to the bar; thus, the loss of citizenship ipso jure terminates the privilege to practice law. However, Republic Act (RA) 9225 provides that Philippine citizens who become citizens of another country shall be 'deemed not to have lost their Philippine citizenship' if they comply with the reacquisition process. Applying this to the legal profession, a lawyer who reacquires citizenship is deemed never to have terminated his membership in the Philippine Bar. Nevertheless, the Court emphasized that there is no automatic right to resume practice because Section 5(4) of Republic Act (RA) 9225 requires professionals to apply with the proper authority for a license or permit. For lawyers, the 'proper authority' is the Supreme Court, which must ensure the lawyer still possesses the required qualifications. Consequently, the Court imposed four conditions for restoration of good standing: (1) updating and paying all Integrated Bar of the Philippines (IBP) dues; (2) paying the annual professional tax; (3) completing 36 credit hours of Mandatory Continuing Legal Education (MCLE) to refresh legal knowledge; and (4) retaking the lawyer's oath to renew the pledge of allegiance to the Republic.
Main Doctrine
The practice of law is a privilege burdened with conditions, primarily the requirement of Philippine citizenship. Under Republic Act (RA) 9225, 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 the law. However, this does not grant an automatic right to resume practice. The lawyer must first secure authority from the Supreme Court, conditioned on: (a) updating and full payment of Integrated Bar of the Philippines (IBP) dues; (b) payment of professional tax; (c) completion of 36 credit hours of Mandatory Continuing Legal Education (MCLE); and (d) retaking the lawyer's oath to renew allegiance to the Republic.