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    Petition For Leave To Resume Practice of Law Benjamin Dacanay

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    Margie Marj Galban
    Benjamin M. Dacanay was admitted to the Philippine Bar in 1960 but later renounced his citizenship to obtain medical care in Canada. He subsequently reacquired Philippine citizenship under the Citizenship Retention and Re-Acquisition Act of 2003 and petitioned to resume practicing law. The Supreme Court ruled that under Section 2 of Rule 138, reacquiring Philippine citizenship meets the requirements for bar membership. However, Dacanay must first update his membership dues, pay professional taxes, complete 36 hours of continuing legal education, and retake the lawyer's oath before resuming practice. Upon completing these conditions, his petition would be granted and he could resume practicing law in the Philippines.

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    Petition For Leave To Resume Practice of Law Benjamin Dacanay

    Uploaded by

    Margie Marj Galban
    149 views2 pages
    Benjamin M. Dacanay was admitted to the Philippine Bar in 1960 but later renounced his citizenship to obtain medical care in Canada. He subsequently reacquired Philippine citizenship under the Citizenship Retention and Re-Acquisition Act of 2003 and petitioned to resume practicing law. The Supreme Court ruled that under Section 2 of Rule 138, reacquiring Philippine citizenship meets the requirements for bar membership. However, Dacanay must first update his membership dues, pay professional taxes, complete 36 hours of continuing legal education, and retake the lawyer's oath before resuming practice. Upon completing these conditions, his petition would be granted and he could resume practicing law in the Philippines.

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    PETITION FOR LEAVE TO RESUME PRACTICE OF LAW BENJAMIN DACANAY

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    Benjamin M. Dacanay was admitted to the Philippine Bar in 1960 but later renounced his citizenship to obtain medical care in Canada. He subsequently reacquired Philippine citizenship under the Citizenship Retention and Re-Acquisition Act of 2003 and petitioned to resume practicing law. The Supreme Court ruled that under Section 2 of Rule 138, reacquiring Philippine citizenship meets the requirements for bar membership. However, Dacanay must first update his membership dues, pay professional taxes, complete 36 hours of continuing legal education, and retake the lawyer's oath before resuming practice. Upon completing these conditions, his petition would be granted and he could resume practicing law in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    149 views2 pages

    Petition For Leave To Resume Practice of Law Benjamin Dacanay

    Uploaded by

    Margie Marj Galban
    Benjamin M. Dacanay was admitted to the Philippine Bar in 1960 but later renounced his citizenship to obtain medical care in Canada. He subsequently reacquired Philippine citizenship under the Citizenship Retention and Re-Acquisition Act of 2003 and petitioned to resume practicing law. The Supreme Court ruled that under Section 2 of Rule 138, reacquiring Philippine citizenship meets the requirements for bar membership. However, Dacanay must first update his membership dues, pay professional taxes, complete 36 hours of continuing legal education, and retake the lawyer's oath before resuming practice. Upon completing these conditions, his petition would be granted and he could resume practicing law in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    PETITION FOR LEAVE TO RESUME PRACTICE OF LAW, BENJAMIN M.

    DACANAY
    B.M. No. 1678
    December 17, 2007
    FACTS

    Benjamin M. Dacanay was admitted to the Philippine Bar in 1960. He migrated to Canada to
    seek medical attention for his ailments. He renounced his Philippine citizenship and applied for
    Canadian citizenship to avail its free medical program. Two years after, pursuant to Republic Act
    (RA) 9225 (Citizenship Retention and Re-Acquisition Act of 2003) petitioner reacquired his
    Philippine citizenship and intended to resume his law practice. Hence this petition.

    ISSUE

    Whether or not the petitioner Benjamin M. Dacanay lost his membership in the Philippine bar
    when he gave up his Philippine citizenship in May 2004.

    HELD

    No. 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 lawyer’s oath to remind him of
    his duties and responsibilities as a member of the Philippine bar.

    The Constitution provides that the practice of all professions in the Philippines shall be limited
    to Filipino citizens save in cases prescribed by law. 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. 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." 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/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.

    FALLO

    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.

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