FACTS:

Petitioner Benjamin M. Dacanay was admitted to the Philippine bar in March 1960 and practiced law until he migrated to Canada in December 1998 for medical treatment. He later applied for Canadian citizenship and became a Canadian citizen in May 2004.

On July 14, 2006, petitioner reacquired his Philippine citizenship under Republic Act (RA) 9225. He took his oath of allegiance as a Filipino citizen before the Philippine Consulate General in Toronto, Canada, and returned to the Philippines with the intention of resuming his law practice. However, there is a question as to whether petitioner lost his membership in the Philippine bar when he gave up his Philippine citizenship in 2004.

The Office of the Bar Confidant, in its report, cited Section 2, Rule 138 of the Rules of Court, which requires that an applicant for admission to the bar must be a citizen of the Philippines. The office opined that petitioner has met all the qualifications for membership in the bar after reacquiring Philippine citizenship and recommended that he be allowed to resume the practice of law, with the condition of retaking the lawyer's oath.

The Supreme Court approved the recommendation of the Office of the Bar Confidant, stating that the practice of law is a privilege burdened with conditions. Adherence to rigid standards of mental fitness, maintenance of good moral character, observance of legal profession rules, compliance with continuing legal education requirements, and payment of membership fees to the Integrated Bar of the Philippines (IBP) are among the conditions for membership and the privilege to practice law. The Court emphasized that loss of Filipino citizenship terminates membership in the bar, unless citizenship is reacquired under RA 9225. Even then, the lawyer must secure authority from the Court and comply with certain conditions before resuming law practice. The Court granted the petition subject to compliance with these conditions.

ISSUES:

1. Whether or not petitioner lost his membership in the Philippine bar when he gave up his Philippine citizenship in May 2004.

RULING:

1. Yes. The loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. Filipino citizenship is a requirement for admission to the bar, and therefore loss of such citizenship also terminates membership in the Philippine bar. However, an exception is made for Filipino lawyers who become citizens of another country but subsequently reacquire their Filipino citizenship pursuant to RA 9225.

PRINCIPLES:

• The practice of law is a privilege burdened with conditions and is delicately affected with public interest. It is the duty of the State to regulate and control the practice of law in order to protect and promote public welfare.

• Membership in good standing in the bar and the privilege to practice law require adherence to rigid standards of mental fitness, maintenance of the highest degree of morality, observance of the rules of the legal profession, compliance with mandatory continuing legal education, and payment of membership fees to the Integrated Bar of the Philippines.

• Admission to the bar requires certain qualifications, including Filipino citizenship, good moral character, and residency in the Philippines.

• Loss of Filipino citizenship terminates membership in the Philippine bar and the privilege to practice law in the Philippines, except for Filipino lawyers who become citizens of another country but subsequently reacquire their Filipino citizenship pursuant to RA 9225.