CASE NAME: In Re: Petition to Reacquire the Privilege to Practice Law, Epifanio Muneses, Petitioner

CASE NUMBER: B.M. NO. 2112, JULY 24, 2012

Ponente: Reyes, J

Relevant Terms, Laws, Acronyms, and Descriptions:

✓ RA 9225 "Citizenship Retention and Re-Acquisition Act of 2003"
RA 9225 took effect on September 17, 2003 and is also commonly referred to as the Dual Citizenship Act. Philippine citizenship is re- acquired by
taking the Philippine oath of allegiance before a duly authorized Philippine official. This does not require one to renounce his allegiance to any other country.
✓ IBP (Integrated Bar of the Philippines)
National Organization of lawyers created on January 6, 1973 under Rule of Court 139-A. It is composed of all persons included in the Roll of Attorneys
od the Supreme Court.
✓ OBC (Office of the Bar Confidant)
It is the office of the Supreme Court that has custody of the Bar records and personal records of lawyers. It assists the Supreme Court in disciplining
the Bar by investigating complaints against lawyers and Bar candidates.
✓ MCLE (Mandatory Continuing Legal Education)
It is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession, and enhance the standards of the practice of law.
✓ Ipso Jure
“By the act of the law itself, or by mere operation of law”

Facts:
A petition was filed by Epifanio B Muneses, on June 8, 2009, with the OBC requesting that
he be granted the privilege to practice law in the Philippines.
He became a member of the IBP on March 21, 1966 and lost his privilege to practice law
when he became US citizen on August 28, 1981.
September 15, 2006, he re-acquired his Philippine citizenship pursuant to RA 9225 by
taking oath of allegiance as Filipino at Washington, DC.
Epifanio intends to retire in the Philippines and resume the practice of law if he is granted.
Several documents were provided in support to his petition, to wit:
1) Oath of Allegiance before Consul General Domingo P Nolasco;
2) Petition for Re-acquisition of Philippine Citizenship;
3) Order for Re-acquisition of Philippine Citizenship;
4) Letter dated March 13, 2008 evidencing payment of membership dues with the IBP;
5) Attendance Forms from the MCLE.
Issue:
Whether or not the petitioner, Epifanio Muneses, can resume his practice of law in the
Philippines.
Ruling Ratio Decidendi
Yes. Epifanio Muneses’ A Filipino lawyer who becomes a citizen of another country and later re-acquires
petition was GRANTED. his Philippine citizenship under RA 9225, remains to be a member of the
Subject to the condition that Philippine Bar. However, the right to resume is not automatic; hence, needs to
he shall re-take the apply with proper authority for license or permit to engage in such practice. In
Lawyer’s Oath on a date set relation to that, pertinent documents that are required by OBC to be submitted
by the Court and subject to were compiled by the petitioner and he was able to re-acquire his Filipino
citizenship which is the basic and continuing requirement to practice law in the
the payment of appropriate
Philippines.
fees.

Link of the Case (in Full Text): https://lawphil.net/judjuris/juri2012/jul2012/bm_2112_2012.html

Digested by: Atty. Arly Micayabas

[not yet a lawyer, just manifesting and claiming *fingers crossed*]
S.Y. 2022 – 2023 Ad Astra per Aspera