Dual citizens can resume law practice in RP

January 21, 2008  --  Got something to say?
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MANILA The Supreme Court has ruled a Filipino lawyer who has acquired a foreign citizenship but later became a dual citizen can once again practice law in the Philippines with certain conditions.

It issued a ruling recently on the petition of Benjamin Dacanay, a Canadian citizen who became a dual citizen, to resume his law practice in the country.

In an en banc resolution penned by Associate Justice Renato Corona, the SC approved the recommendation of the Office of the Bar Confidant endorsing Dacanays petition.

The high court however ruled that Dacanay should satisfy certain requirements before he could rejoin the legal profession in the country.

These include paying his professional tax and membership dues in the Integrated Bar of the Philippines, complete at least 36 hours of continuing legal education to refresh his knowledge of Philippine laws and update him on legal developments. He should also retake his lawyers oath to remind him of his duties and responsibilities and to re-affirm his pledge of allegiance to the Philippines.

Dacanay became a Philippine lawyer in 1960. He migrated to Canada in December 1998 for medical treatment and applied for citizenship to make use of the free medical aid program. He became a Canadian citizen in May 2004.

In July 2006, Dacanay re-acquired his Philippine citizenship under the Dual Citizenship Act and took his oath of allegiance as a Filipino.
He then returned to the Philippines and asked the high courts permission for re-admission to the Philippine bar.

According to the high tribunal, when Dacanay again took his oath of allegiance to the Philippines, after acquiring Canadian citizenship, he was deemed not to have lost his Filipino citizenship at all as provided for under RA 9225.

Under RA 9225, Filipinos who become citizens of another country and who re-acquire their Philippine citizenship are deemed not to have lost their Philippine citizenships.
This means that Dacanay has never lost his membership in the Philippine bar, according to the high court.

But the Court stressed that he could not automatically resume law practice because under the dual citizenship law, he should apply with the proper authorities for a license or permit.
The court said the legal profession is a privilege burdened with Conditions” and must be regulated by the government in the interest of the public.

Adherence to rigid standards of mental fitness, maintenance of the highest degree of morality, faithful observance of the rules of the legal profession, compliance with the mandatory continuing legal education requirement and payment of membership fees to the Integrated Bar of the Philippines are the conditions required for membership in good standing in the bar and for enjoying the privilege to practice law.

Any breach by a lawyer of any of these conditions makes him unworthy of the trust and confidence which the courts and clients repose in him for the continued exercise of his professional privilege,” the Court pointed out.

Apart from being a Philippine citizen, the requirements to be admitted to the Philippine bar is satisfactory evidence of good moral character and proof that no charges against him, involving moral turpitude, have been filed or are pending in any court in the country.

WASHINGTON D.C. - Consul General Domingo Nolasco of the Philippine embassy here said that since the Philippine Congress enacted the dual citizenship law four years ago, the number of Filipino-Americans opting to regain their Filipino citizenship has soared from a mere handful to more than 8,000 last year.

Nolasco said there was no downside to dual citizenship and sought to reassure Filipino Americans that reacquiring Philippine citizenship would not prejudice their US citizenship. Neither would they have to pay income taxes to both countries.

Under the law passed in September 2003, Filipinos who are naturalized citizens of other countries can reacquire or regain their original citizenship by taking an oath of allegiance administered by an embassy or consular official at a cost of $25 in notarial fee.

For an additional $50, they can also obtain a new Philippine passport.
Nolasco said the number of approved applications for dual citizenship in the Washington DC metropolitan area alone rose progressively from 32 in 2003, to 48 in 2004, 207 in 2005, 624 in 2006 and 630 for the first 11 months of 2007.

Throughout the United States , the number of approved applications from Jan. 1 to Nov. 30, 2007 totaled 8,389, he said.

Dual citizens have the best of both worlds, according to Ambassador Willy Gaa.
They can invest in businesses and industries prohibited to foreigners, own property in the US and the Philippines and not have to worry about visa renewals.

There are an estimated 2.5 million Filipino-Americans in the United States and many are potential candidates for dual citizenship in the coming years, particularly professionals nearing retirement age, Gaa said.


Posted by News Team | Filed Under US News 

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