IN RE: PETITION RE-ACQUIRE THE PRIVILEGE TO PRACTICE LAW IN THE PHILIPPINES, EPIFANIO B. MUNESES
B.M. No. 2112 July 24, 2012
Facts:
On June 8, 2009, a petition was filed by Epifanio B. Muneses with the Office of the Bar Confidant praying that he be granted the privilege to practice law in the Philippines.
The petitioner alleged that he became a member of the IBP on March 21, 1966; that he lost his privilege to practice law when he became a citizen of the USA on August 28, 1981; that on September 15, 2006, he re-acquired his Philippine citizenship pursuant to R.A. No. 9225 or the "Citizenship Retention and Re-Acquisition Act of 2003" by taking his oath of allegiance as a Filipino citizen before the Philippine Consulate General in Washington, D.C., USA; that he intends to retire in the Philippines and if granted, to resume the practice of law.
Issue: Whether or not to grant the petition to resume the privilege to practice law in the Philippines
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Ruling:
The Court reiterates that 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. 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 deemed to have re-acquired their Philippine citizenship upon taking the oath of allegiance to the Republic. Thus, a Filipino lawyer who becomes a citizen of another country and later re-acquires his Philippine citizenship under R.A. No. 9225, remains to be a member of the Philippine Bar. However, as stated in Dacanay, the right to resume the practice of law is not automatic. R.A. No. 9225 provides that a person who intends to practice his profession in the Philippines must apply with the proper authority for a license or permit to engage in such practice.
Thus, in pursuance to the qualifications laid down by the Court for the practice of law, the OBC required the herein petitioner to submit the original or certified true copies of the following documents in relation to his petition:
1. Petition for Re-Acquisition of Philippine Citizenship;
2. Order (for Re-Acquisition of Philippine citizenship);
3. Oath of Allegiance to the Republic of the Philippines;
4. Identification Certificate (IC) issued by the Bureau of Immigration;
5. Certificate of Good Standing issued by the IBP;
6. Certification from the IBP indicating updated payments of annual membership dues;
7. Proof of payment of professional tax; and
8. Certificate of compliance issued by the MCLE Office.
The OBC further required the petitioner to update his compliance, particularly with the MCLE. After all the requirements were satisfactorily complied with and finding that the petitioner has met all the qualifications and none of the disqualifications for membership in the bar, the OBC recommended that the petitioner be allowed to resume his practice of law.
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