Intro To Law Benjamin Dacanay
Intro To Law Benjamin Dacanay
Intro To Law Benjamin Dacanay
Facts:
Petitioner was admitted to the Philippine bar and practiced the law until he migrated to Canada
and subsequently applied for Canadian citizenship to avail of Canada’s free medical aid program.
Pursuant to Republic Act (RA) 9225 (Citizenship Retention and Re-Acquisition Act of 2003),
petitioner reacquired his Philippine citizenship. On that day, he took his oath of allegiance as a
Filipino citizen he returned to the Philippines and now intends to resume his law practice.
Issue:
Whether petitioner Benjamin M. Dacanay lost his membership in the Philippine bar when he gave
up his Philippine citizenship
Issue: Did Atty. Regino B. Tambago committed a violation in Notarial Law and the
Ethics of Legal Profession for notarizing a spurious last will and testament?
Held: Yes. As per Supreme Court, Atty. Regino B. Tambago is guilty of professional
misconduct as he violated the Lawyer's Oath, Rule 138 of the Rules of Court, Canon 1 and
Rule 1.01nof the Code of Professional Responsibility, Article 806 of the Civil Code and
provision of the Notarial Law. The will was attested by only 2 witnesses and therefore it is
considered void.it is considered void.A notarial will is required by law to be subscribed at
the end thereof by the testator himself. In addition, it should be attested and subscribed by
3 or more credible witnesses in the presence of the testator and of one another.The Civil
Code likewise requires that a will must be acknowledged before a notary public by the
testator and the witnesses. Thus, Atty. Tambago is suspended from the practice of law for
one year , his Notarial commission revoked and he is perpetually disqualified from
reappointments as a Notary Public.
Guevara vs Eala