CASE DIGEST

CASE TOPIC: B.M. No. 1678 - PETITION FOR LEAVE TO RESUME PRACTICE OF LAW,
BENJAMIN M. DACANAY

FACTS:

1. The petitioner, Benjamin Dacanay was admitted to the Philippine Bar in March 1960 and practiced law
until he migrated to Canada in December 1998 to seek medical attention for his ailments thus he
subsequently applied for a Canadian citizenship to avail Canada’s free medical aid program which was
approved in May 2004.

2. In 2006, the petitioner reacquired his Philippine citizenship pursuant to RA 9225 and took his oath of
allegiance as Filipino citizen before the Philippine consulate in Toronto, Canada.

3. Thereafter, he returned to the Philippines and intends to resume his practice of law thus, the petition.

ISSUES:

1. Whether or not Benjamin Dacanay lost his membership in the Philippine Bar when he gave up his
Philippine citizenship in May 2004.

2. Whether or not Benjamin Dacanay can still practice law after reacquiring Philippine citizenship in 2006.

DECISION:

WHEREFORE, the petition of Atty. Dacanay was GRANTED, subject to compliance with the conditions
stated under RA 9225 and submission of such compliance to the Bar Confidant, after which he may
retake his oath as the member of the Philippine Bar.

RULING:

1. Yes. Section 1, Rule 138 of the Rules of Court states that “Any person heretofore duly admitted as a
member of the bar, or thereafter admitted as such in accordance with the provisions of this rule, and who
is in good and regular standing, is entitled to practice law.” The Rules of Court also stated in Section 2
that every applicant for admission as a member of the Philippine bar must be a citizen of the Philippines.”
Related to the Rules of Court, it is clear that Dacanay had lost his membership in the Philippine bar.

2. Yes. Under RA9225, if a person intends to practice law in the Philippines, and he reacquires his Filipino
citizenship pursuant to its provisions, he can resume his law practice provided that he will (1) update and
pay in full the annual membership dues in the Integrated Bar of the Philippines (IBP), (2) pay his
professional tax, (3) complete at least 36 credit hours of mandatory continuing legal education to refresh
and update the petitioner’s knowledge in Philippine laws; and (4) retake the lawyer’s oath. Compliance
with these conditions will restore his good standing as a member of the Philippine bar.