LEGAL PROFESSION 
A.Y. 1819A – Judge Caldona
character, and that no charges against him, involving moral turpitude, have been
CH. 1: The Law & Society (Canons 1-6);  filed or are pending in any court in the Philippines.
TOPIC
Citizenship as a Requisite for Admission to the Bar 
CASE NO. B.M. No. 1678  R.A. 9225 (Citizenship Retention and Reacquisition Act of 2003)
CASE NAME Petition for Leave to Resume Practice of Law  SEC. 3. Retention of Philippine Citizenship​. ​Any provision of law to the contrary
PONENTE Corona, J.  notwithstanding, natural-born citizenship by reason of their naturalization as citizens
of a foreign country are hereby deemed to have reacquired Philippine citizenship
PETITIONER Benjamin M. Dacanay 
upon taking the following oath of allegiance to the Republic:
RESPONDENT n/a  "I ______, solemnly swear (or affirm) that I will support and defend the Constitution of the
TYPE OF CASE Petition for Leave  Republic of the Philippines and obey the laws and legal orders promulgated by the duly
MEMBER Chezka Tomas  constituted authorities of the Philippines; and I hereby declare that I recognize and accept the
supreme authority of the Philippines and will maintain true faith and allegiance thereto; and
that I imposed this obligation upon myself voluntarily without mental reservation or purpose
DOCTRINE of evasion."
● The practice of all professions in the Philippines shall be ​limited to Natural born citizens of the Philippines who, after the effectivity of this Act, become
Filipino citizens​ ​save in cases prescribed by law​. ​(Sec. 14, Art XII, citizens of a foreign country shall retain their Philippine citizenship upon taking the
Constitution) aforesaid oath.
● Requirements for Admission to the Bar​ (Sec. 2, Rule 138, Rules of Court) SEC. 5. ​Civil and Political Rights and Liabilities. ​Those who retain or reacquire
● Membership in good standing, one of the requisites for the practice of law, Philippine citizenship under this Act shall enjoy full civil and political rights and be
is a continuing requirement; meaning ​continued membership subject to all attendant liabilities and responsibilities under existing laws of the
(In re Integration of the Bar of the Philippines, In re Atty. Marcial Edillon, Philippines and the following conditions:
Sec. 139, RA 7160, Resolution dated August 8, 2000 in Bar Matter No. 850, xxx
Philippine Association of Free Labor Unions v. Binalbagan Isabela Sugar (4) Those ​intending to practice their profession in the Philippines shall apply
Co.) with the proper authority for a license or permit to engage in such practice​; and

RELEVANT LAWS ISSUE

Rule 138 (Attorneys and Admission to Bar) of the Rules of Court W/N Benjamin M. Dacanay lost his membership in the Philippine bar when he gave
SEC. 2. ​Requirements for all applicants for admission to the bar​. Every applicant up his Philippine citizenship in May 2004
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

David, De Castro, De Vera, Ebuengan, Fernandez, Furigay, Galit, Ilog Macalino, Nuesa, Pine, Sto. Domingo, Tomas |​ 1

LEGAL PROFESSION 
A.Y. 1819A – Judge Caldona
RELEVANT FACTS
● Benjamin Dacanay 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 applied for Canadian citizenship to
avail of Canada’s free medical aid program. His application was approved
and he became a Canadian citizen in May 2004.
● In July 2006, Benjamin Dacanay reacquired his Philippine citizenship,
following R.A. 9225. He returned to the Philippines and intends to resume
his law practice.
RATIO DECIDENDI
ISSUE HELD – RATIO
If Benjamin M. Dacanay lost his NO.​ Benjamin Dacanay was able to
membership in the Philippine bar when reacquire his Phil. citizenship pursuant
he gave up his Philippine citizenship in to R.A. 9225.
May 2004
General Rule​: The loss of Filipino
citizenship ​ipso jure​ terminates the
privilege to practice law in the
Philippines.
Exception​: When citizenship is
reacquired pursuant to ​R.A. 9225​,
he/she is ​deemed to have never lost
his/her Philippine citizenship​.
HENCE, Benjamin Dacanay never had
his membership to the bar terminated
(but, this is not an automatic right*).
David, De Castro, De Vera, Ebuengan, Fernandez, Furigay, Galit, Ilog Macalino, Nuesa, Pine, Sto. Domingo, Tomas |​ 2
*Conditions before Court can authorize
Dacanay’s practice of law again:
- the updating and payment in
full of the annual membership
dues in the IBP;
- the payment of professional
tax;
- the completion of at least 36
credit hours of mandatory
continuing legal education (to
refresh/update knowledge of
Philippine laws
- the retaking of the lawyer’s
oath
RULING
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.