Section 49, Canon VI SECTION 49. Action on the petition for judicial clemency; prima facie merit. – Upon receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and determine if the same has prima facie merit based on the criteria. If the petition has prima facie merit, the Supreme Court shall refer…
Section 48, Canon VI SECTION 48. Petition for judicial clemency. – The verified petition for judicial clemency shall allege the following: (a) that the verified petition was filed after five (5) years from the receipt of the order, decision, or resolution of disbarment; (b) that the disbarred lawyer has fully complied with the terms and…
Section 47, Canon VI SECTION 47. Reinstatement in the Roll of Attorneys. – A lawyer who has been disbarred may file a verified petition for judicial clemency after five (5) years from the receipt of the order, decision, or resolution of disbarment. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Reinstatement in the…
Section 46, Canon VI SECTION 46. Resumption of practice of law. – The Sworn Statement shall be considered as proof of the suspended lawyer’s compliance with the order of suspension. Such lawyer shall be allowed to resume the practice of law upon the filing of the Sworn Statement before the Supreme Court. However, any false…
Section 45, Canon VI SECTION 45. Sworn statement after service of suspension. – Upon the expiration of the period of suspension from the practice of law, the lawyer shall file a Sworn Statement with the Supreme Court, through the Office of the Bar Confidant, to show that the petitioner, during the period of suspension: (a)…
Section 44, Canon VI SECTION 44. Confidentiality. – Proceedings against lawyers shall be confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Confidentiality Confidentiality is observed during the proceedings against lawyers. Notwithstanding, the Supreme Court’s final…
Section 43, Canon VI SECTION 43. Immediately executory; furnished copies. – The decision or resolution pronouncing the respondent’s administrative liability is immediately executory. The copies of the decision or resolution shall be furnished to the Office of the Bar Confidant, the IBP National Office and local chapter to which the respondent belongs, and the Office…
Section 42, Canon VI SECTION 42. Penalty when the respondent has been previously disbarred. – When the respondent has been previously disbarred and is subsequently found guilty of a new charge, the Court may impose a fine or order the disbarred lawyer to return the money or property to the client, when proper. If the…
Section 41, Canon VI SECTION 41. Payment of fines and return of client’s money and property. – When the penalty imposed is a fine or the respondent is ordered to return the client’s money or property, the respondent shall pay or return it within a period not exceeding three (3) months from receipt of the…
Section 40, Canon VI SECTION 40. Penalty for multiple offenses. – If the respondent is found liable for more than one (1) offense arising from separate acts or omissions in a single administrative proceeding, the Court shall impose separate penalties for each offense. Should the aggregate of the imposed penalties exceed five (5) years of…