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SC Allows Lawyer Who Reacquired Philippine Citizenship to Practice Law
Posted: August 23, 2012; By Bianca M. Padilla
The Supreme Court En Banc has recently granted the petition of a lawyer to practice law in the Philippines once again after losing the said privilege to practice law when he became a citizen of the United States of America in 1981 and then re-acquiring his Philippine citizenship in 2006 pursuant to RA 9225, the Citizenship Retention and Re-Acquisition Act of 2003.
The Court further directed the Office of the Bar Confidant (OBC) to draft the necessary guidelines for the re-acquisition of the privilege to resume the practice of law for the guidance of the Bench and the Bar.
In a six-page resolution penned by Justice Bienvenido L. Reyes, the Court unanimously held that upon favorable recommendation from the OBC, Atty. Epifanio B. Muneses satisfactorily complied with all the requirements sought by the OBC and met all the qualifications and none of the disqualifications for membership in the Bar. In particular, he had submitted in compliance the following: 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) Certificate of Re-Acquisition/Retention of Philippine Citizenship issued by the Bureau of Immigration, in lieu of the Identification Certificate; 5) Certification dated May 19, 2010 of the IBP-Surigao City Chapter attesting to his good moral character as well as his updated payment of annual membership dues; 6) Professional Tax Receipt (PTR) for the year 2010; 7) Certificate of Compliance with the MCLE for the 2nd compliance period; and 8) Certification dated December 5, 2008 of Atty. Gloria Estenzo-Ramos, Coordinator, UC-MCLE Program, University of Cebu, College of Law attesting to his compliance with the MCLE.
“The Court sees no bar to the petitioner’s resumption to the practice of law in the Philippines,” the Court declared, subject to the condition that Atty. Muneses re-take the Lawyer’s Oath and pay the appropriate fee.
The Court reiterated that Filipino citizenship is a continuing requirement for the practice of law, loss of which means the termination of one’s membership in the Bar and the privilege to engage in the practice of law. “Thus, a Filipino lawyer who becomes a citizen of another country but later re-acquires his Philippine citizenship under RA 9225 remains to be a member of the Philippine Bar,” it added. It also noted that the right to resume the practice of law, however, is not automatic and Section 5 of RA 9225 states that a person who “intends to practice his profession in the Philippines must apply with the proper authority for the license or permit to engage in such practice.” (BM No. 2112, In Re: Petition to Re-Acquire the Privilege to Practice Law in the Philippines, Epifanio B. Muneses, Petitioner, July 24, 2012)
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