Dear Atty. Gab

Musta Atty?

I hope this email finds you well. My name is Maria Hizon, and I’m writing to you because I’m in a bit of a confusing situation regarding my professional plans here in the Philippines.

I was admitted to the Philippine Bar way back in 1995. About fifteen years ago, I moved to Canada with my family and eventually became a Canadian citizen. This meant I stopped practicing law in the Philippines, of course.

Recently, I decided to move back home for good. I learned about the law that allows former natural-born Filipinos to re-acquire their citizenship, so I went through the process, took the Oath of Allegiance, and now I have my Certificate of Re-acquisition. I was so happy because I thought this meant I could just pick up where I left off and start practicing law again.

However, a lawyer friend mentioned that it’s not that simple, and there are actually more steps I need to take before I can represent clients again. This surprised me because I thought regaining my citizenship automatically restored all my rights as a Filipino, including practicing my profession.

Could you please clarify what the requirements are for someone like me to resume practicing law in the Philippines after re-acquiring citizenship? Any guidance you could provide would be greatly appreciated.

Thank you for your time and help.

Sincerely,

Maria Hizon

Dear Maria Hizon

Musta Atty!

Thank you for reaching out and sharing your situation. It’s wonderful that you’ve re-acquired your Philippine citizenship. Your confusion about resuming the practice of law is quite common among former Filipino lawyers who have gone through a similar process. While regaining citizenship under Republic Act No. 9225 is a crucial step, it does not automatically restore your privilege to actively practice law.

Let’s discuss the key legal principles involved and what this means for you.

Understanding the Path to Resuming Law Practice

The legal profession in the Philippines is a privilege, not an inherent right, granted only to those who meet and continue to meet specific qualifications. One fundamental requirement, for both initial admission and continued practice, is Filipino citizenship.

Filipino citizenship is a requirement for admission to the bar and is, in fact, a continuing requirement for the practice of law. The loss thereof means termination of the petitioner’s membership in the bar; ipso jure the privilege to engage in the practice of law.

When you became a Canadian citizen, you lost your Filipino citizenship. According to this principle, the privilege to practice law in the Philippines terminated automatically at that point.

However, Republic Act No. 9225, also known as the Citizenship Retention and Re-Acquisition Act, allows natural-born Filipinos who lost their citizenship by reason of foreign naturalization to re-acquire it. Upon taking the Oath of Allegiance to the Republic, you are deemed to have re-acquired your Filipino citizenship.

Under R.A. No. 9225, natural-born citizens who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired their Philippine citizenship upon taking the oath of allegiance to the Republic.

A Filipino lawyer who re-acquires citizenship under RA 9225 remains a member of the Philippine Bar. Your name is still in the Roll of Attorneys. But, as your friend correctly noted, the right to actively practice law is not automatically restored simply by re-acquiring citizenship.

…the right to resume the practice of law is not automatic.

This is because the practice of law is a privilege that comes with ongoing responsibilities and conditions designed to protect the public and maintain the integrity of the profession. The Supreme Court has emphasized that engaging in the practice of law is deeply affected with public interest and is subject to strict regulation.

The practice of law is a privilege burdened with conditions. It is so delicately affected with public interest that it is both the power and duty of the State (through this Court) to control and regulate it in order to protect and promote the public welfare. Adherence to rigid standards of mental fitness, maintenance of the highest degree of morality, faithful observance 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.

Even though you are now a Filipino citizen again and are still technically a member of the bar, you must demonstrate compliance with the current requirements for those actively practicing. This aligns with Section 5 of R.A. No. 9225 itself, which states that a person intending to practice their profession in the Philippines must apply with the proper authority for a license or permit.

R.A. No. 9225, Section 5. [Requires application with proper authority for license/permit to practice profession].

Therefore, while you have regained your citizenship status, you must still fulfill certain obligations and secure clearances from the relevant authorities before you can legally represent clients and engage in the practice of law once more.

Practical Advice for Your Situation

• Gather certified true copies of your Petition for Re-Acquisition, Order of Approval, Oath of Allegiance, and Certificate of Re-Acquisition/Retention from the Bureau of Immigration. These prove you have validly re-acquired Philippine citizenship under RA 9225.
• Contact the Integrated Bar of the Philippines (IBP) to inquire about your membership status and outstanding dues. You will need a Certificate of Good Standing and proof of updated payment of annual membership dues.
• Comply with the Mandatory Continuing Legal Education (MCLE) requirements. Since you have not been practicing, you likely need to complete the required units for the relevant compliance periods you missed. Obtain a Certificate of Compliance from the MCLE Office.
• Secure a Professional Tax Receipt (PTR) for the current year from the city or municipality where you intend to practice.
• You may need to file a formal petition or manifestation with the Supreme Court, through the Office of the Bar Confidant, requesting leave to resume the practice of law, attaching all the required documents.
• Be prepared that the Court may require you to re-take the Lawyer’s Oath before you are formally allowed to resume practice.
• Ensure all your documents are in order and follow the specific process outlined by the Office of the Bar Confidant or the Supreme Court for re-acquiring the privilege to practice.
• Stay updated on any further guidelines issued by the Supreme Court regarding the resumption of practice for lawyers who re-acquire citizenship under RA 9225.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.