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by Atty. Gabriel Ablola 🇵🇭

Tag: Citizenship Reacquisition

  • I re-acquired my Philippine citizenship, can I practice law again?

    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.

  • Resuming Law Practice After Reacquiring Citizenship: Conditions and Requirements

    TL;DR

    The Supreme Court ruled that a lawyer who lost their Filipino citizenship due to naturalization in another country can resume law practice in the Philippines after reacquiring Filipino citizenship under Republic Act 9225. However, resuming practice is not automatic. The lawyer must apply to the Supreme Court for permission, which is conditioned on updating IBP dues, paying professional taxes, completing mandatory continuing legal education (MCLE) units, and retaking the lawyer’s oath. This ensures that the lawyer remains current with Philippine law and reaffirms their commitment to the legal profession and the Republic.

    From Citizen Abroad to Counselor-at-Law: Reclaiming the Right to Practice

    This case revolves around Benjamin M. Dacanay, an attorney who, after being admitted to the Philippine bar in 1960, migrated to Canada and became a Canadian citizen to avail of their medical benefits program. Subsequently, he reacquired his Philippine citizenship under RA 9225, the Citizenship Retention and Re-Acquisition Act of 2003, and sought to resume his law practice. The central question before the Supreme Court was whether Dacanay’s loss of Philippine citizenship in 2004 terminated his membership in the Philippine bar, and if so, what steps were necessary to allow him to practice law again.

    The Court’s analysis began with the fundamental principle that the practice of law is a privilege burdened with conditions. It is a privilege so intimately connected with public interest that the State, through the Supreme Court, has both the power and the duty to control and regulate it. This regulation ensures the protection and promotion of public welfare. Lawyers must adhere to strict standards of mental fitness, maintain high moral standards, and comply with the rules of the profession. They must also satisfy the mandatory continuing legal education (MCLE) requirements and pay membership fees to the Integrated Bar of the Philippines (IBP) to maintain their good standing.

    The Rules of Court specify that only individuals duly admitted to the bar and in good and regular standing are entitled to practice law. Admission to the bar requires specific qualifications, including being a citizen of the Philippines, at least twenty-one years of age, of good moral character, and a resident of the Philippines. These prerequisites underscore the importance of allegiance and commitment to the Philippines for those who wish to participate in its legal system. Furthermore, maintaining “membership in good standing” means continued adherence to the rules of the bar, including the payment of dues, compliance with MCLE, and subjection to judicial disciplinary control.

    The Court addressed the question of whether a lawyer who has lost Filipino citizenship can still practice law in the Philippines. The Constitution states that the practice of professions in the Philippines is limited to Filipino citizens, except as provided by law. Therefore, the loss of Filipino citizenship generally terminates membership in the Philippine bar and the privilege to practice law. However, the court recognized an exception under RA 9225 for those who reacquire their citizenship. This law stipulates that Philippine citizens who become citizens of another country are “deemed not to have lost their Philippine citizenship” if they reacquire it under RA 9225.

    The crucial point is that while reacquisition of citizenship under RA 9225 means a lawyer is “deemed never to have terminated” bar membership, it does not grant an automatic right to resume practice. Section 5(4) of RA 9225 states that such individuals must apply for a license or permit to engage in their profession. Thus, the Supreme Court retains the authority to determine the conditions under which a lawyer may resume practice. The Court outlined specific conditions for resuming law practice after reacquiring Filipino citizenship:

    Condition Description
    Updating IBP Dues The lawyer must update and pay in full all annual membership dues to the Integrated Bar of the Philippines.
    Payment of Professional Tax The lawyer must pay all required professional taxes.
    Completion of MCLE The lawyer must complete at least 36 credit hours of mandatory continuing legal education to refresh their knowledge of Philippine laws and legal developments.
    Retaking the Lawyer’s Oath The lawyer must retake the lawyer’s oath to reaffirm their duties and responsibilities as a lawyer and their allegiance to the Republic of the Philippines.

    Compliance with these conditions restores the lawyer’s good standing as a member of the Philippine bar. The Court held that Dacanay’s petition to resume practice was granted, contingent upon his fulfillment of these requirements. This decision underscores the importance of maintaining competence and allegiance to the Philippines for those practicing law, even after periods of absence or dual citizenship. It balances the rights of returning citizens with the need to uphold the integrity of the legal profession.

    FAQs

    What was the central legal issue in this case? The main issue was whether a lawyer who lost their Filipino citizenship and subsequently reacquired it under RA 9225 could automatically resume practicing law in the Philippines.
    Does reacquiring Filipino citizenship under RA 9225 automatically allow a lawyer to resume practice? No, reacquiring citizenship does not automatically allow resumption of practice. The lawyer must apply to the Supreme Court for permission.
    What conditions must be met to resume law practice after reacquiring citizenship? The lawyer must update IBP dues, pay professional taxes, complete 36 hours of MCLE, and retake the lawyer’s oath.
    Why is it necessary to retake the lawyer’s oath? Retaking the oath reaffirms the lawyer’s duties, responsibilities, and allegiance to the Republic of the Philippines.
    What is the purpose of requiring 36 hours of Mandatory Continuing Legal Education (MCLE)? MCLE ensures the lawyer’s knowledge of Philippine laws and recent legal developments is current and up-to-date.
    What happens if a lawyer fails to meet the conditions set by the Supreme Court? If the conditions are not met, the lawyer cannot resume practicing law in the Philippines.

    In conclusion, while Republic Act 9225 provides a pathway for Filipino lawyers to reacquire their citizenship and potentially resume their legal practice, the Supreme Court’s decision in Dacanay’s case clarifies that such resumption is not automatic. It is contingent upon meeting specific requirements designed to ensure that these lawyers remain competent, ethical, and committed to the Philippine legal system. This framework protects the integrity of the legal profession while providing a mechanism for Filipino citizens who have become naturalized citizens of other countries to contribute their skills and expertise to the Philippines.

    For inquiries regarding the application of this ruling to specific circumstances, please contact Atty. Gabriel Ablola through gaboogle.com or via email at connect@gaboogle.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: Petition for Leave to Resume Practice of Law, B.M. No. 1678, December 17, 2007