Can a Filipino Lawyer Who Became a Foreign Citizen Still Practice Law? The Dacanay Ruling

The Supreme Court’s 2007 ruling in In re: Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay (B.M. No. 1678) settles a practical question for Filipino lawyers who migrated abroad: what happens to their right to practice law when they lose Philippine citizenship, and how can they get it back? The answer affects not only lawyers but also clients who rely on their counsel’s standing.

The Facts of the Case

Benjamin M. Dacanay was admitted to the Philippine bar in March 1960. He practiced law until December 1998, when he moved to Canada for medical treatment. To avail of Canada’s free medical aid program, he applied for Canadian citizenship and was naturalized in May 2004. In July 2006, he reacquired his Philippine citizenship under Republic Act No. 9225 (the Citizenship Retention and Re-Acquisition Act of 2003) and took his oath of allegiance before the Philippine Consulate General in Toronto. He then returned to the Philippines and sought leave to resume his law practice.

The question before the Court was whether Dacanay lost his membership in the Philippine bar when he gave up his Philippine citizenship in 2004.

The Issue

The central issue was whether a lawyer who lost Philippine citizenship by naturalization in a foreign country, but later reacquired it under RA 9225, may resume the practice of law in the Philippines—and under what conditions.

The Ruling

The Court granted Dacanay’s petition but imposed specific conditions. It held that the loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege denied to foreigners, and citizenship is a continuing requirement for bar membership under Section 2, Rule 138 of the Rules of Court.

However, the Court recognized an exception under RA 9225. Under Section 2 of that law, Filipino citizens who become citizens of another country are deemed not to have lost their Philippine citizenship if they reacquire it in accordance with its provisions. This means a lawyer who reacquires citizenship is also deemed never to have terminated bar membership—but no automatic right to resume practice accrues.

Under Section 5(4) of RA 9225, a person who intends to practice the legal profession in the Philippines must apply with the proper authority for a license or permit to do so. For lawyers, that authority is the Supreme Court. The Court laid down four conditions before a lawyer may resume practice:

1. Updating and full payment of annual membership dues in the Integrated Bar of the Philippines (IBP).
2. Payment of the professional tax under Section 139 of the Local Government Code (RA 7160).
3. Completion of at least 36 credit hours of mandatory continuing legal education (MCLE)—to refresh the lawyer’s knowledge of Philippine laws and update him on legal developments.
4. Retaking of the lawyer’s oath—to remind the lawyer of his duties and responsibilities, and to renew his pledge of allegiance to the Republic.

Compliance with these conditions restores the lawyer’s good standing as a member of the Philippine bar.

Why This Matters

The ruling clarifies that citizenship is not merely a one-time requirement for admission to the bar—it is a continuing qualification. A lawyer who renounces Philippine citizenship loses the privilege to practice, even if the renunciation was for practical reasons like medical care. The Court emphasized that the practice of law is a privilege burdened with conditions, delicately affected with public interest, and subject to the State’s power to regulate it.

At the same time, RA 9225 provides a clear path back. The law’s policy is to allow former Filipinos to reacquire their citizenship and, with it, their professional rights—but only after satisfying the Court that they remain fit and current in their obligations.

Practical Takeaways

• A Filipino lawyer who becomes a foreign citizen automatically loses the right to practice law in the Philippines, even if the loss of citizenship was for personal or medical reasons.
• Reacquiring Philippine citizenship under RA 9225 does not automatically restore the right to practice. The lawyer must petition the Supreme Court for leave to resume practice.
• Expect to pay all outstanding IBP dues and the professional tax, complete at least 36 hours of MCLE, and retake the lawyer’s oath before resuming practice.
• The ruling applies to lawyers who reacquired citizenship after the effectivity of RA 9225; those who lost citizenship and never reacquired it remain barred from practice.
• For clients, verify that a lawyer who has worked or lived abroad has actually secured the Court’s permission before relying on their legal services.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.