Scribd Logo
Upload

Welcome to Scribd!

  • 115 views

    In Re Dacanay and in Re Muneses

    Uploaded by

    Patrick John Nierves
    The document discusses two cases involving Filipino lawyers who became citizens of other countries but later reacquired their Filipino citizenship under RA 9225. The Supreme Court ruled that while they are considered to never have lost their Philippine citizenship or membership in the bar, they must still apply for authorization to resume practicing law. This involves updating their membership dues, paying professional taxes, completing continuing legal education, and retaking the lawyer's oath. In both cases presented, the Supreme Court granted the petitioners authorization to resume practicing law in the Philippines after complying with these requirements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    In Re Dacanay and in Re Muneses

    Uploaded by

    Patrick John Nierves
    115 views2 pages
    The document discusses two cases involving Filipino lawyers who became citizens of other countries but later reacquired their Filipino citizenship under RA 9225. The Supreme Court ruled that while they are considered to never have lost their Philippine citizenship or membership in the bar, they must still apply for authorization to resume practicing law. This involves updating their membership dues, paying professional taxes, completing continuing legal education, and retaking the lawyer's oath. In both cases presented, the Supreme Court granted the petitioners authorization to resume practicing law in the Philippines after complying with these requirements.

    Original Title

    In re Dacanay and In re Muneses.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses two cases involving Filipino lawyers who became citizens of other countries but later reacquired their Filipino citizenship under RA 9225. The Supreme Court ruled that while they are considered to never have lost their Philippine citizenship or membership in the bar, they must still apply for authorization to resume practicing law. This involves updating their membership dues, paying professional taxes, completing continuing legal education, and retaking the lawyer's oath. In both cases presented, the Supreme Court granted the petitioners authorization to resume practicing law in the Philippines after complying with these requirements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    115 views2 pages

    In Re Dacanay and in Re Muneses

    Uploaded by

    Patrick John Nierves
    The document discusses two cases involving Filipino lawyers who became citizens of other countries but later reacquired their Filipino citizenship under RA 9225. The Supreme Court ruled that while they are considered to never have lost their Philippine citizenship or membership in the bar, they must still apply for authorization to resume practicing law. This involves updating their membership dues, paying professional taxes, completing continuing legal education, and retaking the lawyer's oath. In both cases presented, the Supreme Court granted the petitioners authorization to resume practicing law in the Philippines after complying with these requirements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    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.
    In re: Dacanay, B.M. No. 1678, December In re: Muneses, B.M. No. 2112, July 24, 2012
    17, 2007
    Admitted to Philippine bar: March 1960 Admitted to Philippine bar:March 21, 1966
    Lost privilege to practice law: December Lost privilege to practice law:August 28,
    1998, migrated to Canada for medical 1981, became a citizen of USA
    treatment
    Reacquired Filipino citizenship: July 14, Reacquired Filipino citizenship:September 15,
    2006, through RA 9225, oath of allegiance 2006, through RA 9225, oath of allegiance as
    as a Filipino citizen before the Philippine a Filipino citizen before the Philippine
    Consulate General in Toronto, Canada Consulate General in Washington, D.C., USA
    Who may practice law?
    Section 2, Rule 138
    SECTION 2. Requirements for all applicants for admission to the bar. – Every
    applicant for admission as a member of the bar must be a citizen of the
    Philippines, at least twenty-one years of age, of good moral character, and a
    resident of the Philippines; and must produce before the Supreme Court satisfactory
    evidence of good moral character, and that no charges against him, involving moral
    turpitude, have been filed or are pending in any court in the Philippines.
    "All Philippine citizens who become citizens of another country shall be deemed not to have
    lost their Philippine citizenship under the conditions of [RA 9225]."Therefore, a Filipino
    lawyer who becomes a citizen of another country is deemed never to have lost his
    Philippine citizenship if he reacquires it in accordance with RA 9225 (Citizenship
    Retention and Re-Acquisition Act of 2003). Although he is also deemed never to have
    terminated his membership in the Philippine bar, no automatic right to resume law practice
    accrues.
    Under RA 9225, if a person intends to Thus, in pursuance to the qualifications laid
    practice the legal profession in the down by the Court for the practice of law, the
    Philippines and he reacquires his Filipino OBC required the herein petitioner to submit
    citizenship pursuant to its provisions "(he) the original or certified true copies of the
    shall apply with the proper authority for a following documents in relation to his
    license or permit to engage in such petition:
    practice." Stated otherwise, before a
    1. Petition for Re-Acquisition of Philippine
    lawyer who reacquires Filipino citizenship
    Citizenship;
    pursuant to RA 9225 can resume his law
    2. Order (for Re-Acquisition of Philippine
    practice, he must first secure from this
    citizenship);
    Court the authority to do so, conditioned
    3. Oath of Allegiance to the Republic of the
    on:
    Philippines;
    (a) the updating and payment in full of 4. Identification Certificate (IC) issued by
    the annual membership dues in the the Bureau of Immigration;
    IBP; 5. Certificate of Good Standing issued by the
    (b) the payment of professional tax; IBP;
    (c) the completion of at least 36 credit 6. Certification from the IBP indicating
    hours of mandatory continuing legal updated payments of annual membership
    education; this is specially dues;
    significant to refresh the 7. Proof of payment of professional tax; and
    applicant/petitioner’s knowledge of 8. Certificate of compliance issued by the
    Philippine laws and update him of MCLE Office.
    legal developments and
    (d) the retaking of the lawyer’s oath
    which will not only remind him of
    his duties and responsibilities as a
    lawyer and as an officer of the
    Court, but also renew his pledge to
    maintain allegiance to the Republic
    of the Philippines.
    Granted. Granted.

    You might also like