Scribd
Upload
47 views3 pages

Benjamin Dacanay

The document summarizes a court case regarding a petitioner named Benjamin Dacanay. It states that Dacanay was admitted to the Philippine bar in 1960 but obtained Canadian citizenship in 2004 to access their free healthcare program. In 2006, he reacquired his Filipino citizenship under RA 9225. The issue is whether he can resume practicing law in the Philippines. The court ruled yes, as long as he updates his IBP dues, pays professional taxes, completes continuing legal education, and retakes his oath as a lawyer.

Uploaded by

Lulu Rodriguez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
47 views3 pages

Benjamin Dacanay

The document summarizes a court case regarding a petitioner named Benjamin Dacanay. It states that Dacanay was admitted to the Philippine bar in 1960 but obtained Canadian citizenship in 2004 to access their free healthcare program. In 2006, he reacquired his Filipino citizenship under RA 9225. The issue is whether he can resume practicing law in the Philippines. The court ruled yes, as long as he updates his IBP dues, pays professional taxes, completes continuing legal education, and retakes his oath as a lawyer.

Uploaded by

Lulu Rodriguez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

IN RE: BENJAMIN DACANAY

B.M. No. 1678


December 17, 2007

FACTS:

 Petitioner was admitted to the Philippine bar in March 1960


 December 1998, he went to Canada to seek medical attention for his
ailments. Subsequently, petitioner applied for Canadian citizenship to
avail of Canada’s free medical aid program which was approved on
May 2004.
 On July 14, 2006 he reacquired his Filipino citizenship pursuant to RA
9225, in which he took his oath of allegiance as a Filipino citizen before
the Philippine Consulate General in Toronto, Canada.
 Thereafter, petitioner Benjamin M. Dacanay, flew back to the
Philippines in hopes of practicing as a member of the Philippine bar.
Hence, this petition

ISSUE:
Whether or not, the petitioner may resume his practice?

RULING:

YES. As stated in Section 2, Rule 138  of the Rules of Court: very
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. 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 a foreigner. 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 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:

1. the updating and payment in full of the annual membership dues in


the IBP
2. the payment of professional tax;
3. 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
4. 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.

You might also like