Section 39, Canon VI SECTION 39. Manner of imposition. – If one (1) or more aggravating circumstances and no mitigating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not exceeding double of the maximum prescribed under this Rule. The Supreme Court may, in its…
Section 37, Canon VI SECTION 37. Sanctions. – (a) If the respondent is found guilty of a serious offense, any of the following sanctions, or a combination thereof, shall be imposed: (1) Disbarment; (2) Suspension from the practice of law for a period exceeding six (6) months; (3) Revocation of notarial comm1ss10n and disqualification as…
Section 38, Canon VI SECTION 38. Modifying circumstances. – In determining the appropriate penalty to be imposed, the Court may, in its discretion, appreciate the following mitigating and aggravating circumstances: (a) Mitigating circumstances: (1) First offense, except on charges of gross misconduct, bribery or corruption, grossly immoral conduct, misappropriating a client’s funds or properties, sexual…
Section 36, Canon VI SECTION 36. Assisting in the commission of an offense. – Any lawyer who shall knowingly assist another lawyer in the commission of any serious, less serious, or light offense punished by the CPRA may also be held liable. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Assisting in the…
Section 35, Canon VI SECTION 35. Light offenses. – Light offenses include: (a) Violation of IBP rules and issuances governing membership in the IBP; (b) Use of vulgar or offensive language in personal dealings; (c) Fraternizing with the officials or employees of a court, tribunal, or other government agency where the respondent has a pending…
Section 34, Canon VI SECTION 34. Less serious offenses. – Less serious offenses include: (a) Simple misconduct, or such misconduct without the manifest elements of corruption, clear intent to violate the law or flagrant disregard of established rules; (b) Simple negligence in the performance of duty, or such negligence which does not result in depriving…
Section 33, Canon VI SECTION 33. Serious offenses. – Serious offenses include: (a) Gross misconduct, or any inexcusable, shameful or flagrant unlawful conduct; (b) Serious dishonesty, fraud, or deceit, including falsification of documents and making untruthful statements; (c) Bribery or corruption; (d) Gross negligence in the performance of duty, or conduct that is reckless and…
Section 32, Canon VI SECTION 32. Quantum and burden of proof – In administrative disciplinary cases, the complainant has the burden of proof to establish with substantial evidence the allegations against the respondent. Substantial evidence is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. (2023 Code…
Section 31, Canon VI SECTION 31. Preventive suspension. – After receipt of respondent’s answer or lapse of the period therefor, the Supreme Court, on its own initiative, or upon the recommendation of the IBP Board of Governors, the Office of the Bar Confidant, or the fact-finding body referred to in Section 30, may suspend a…
Section 30, Canon VI SECTION 30. Proceedings initiated before the Supreme Court. – In proceedings initiated by the Supreme Court, or proceedings commenced by complaint filed with the Supreme Court, the Supreme Court may refer the case for investigation, report and recommendation to the Office of the Bar Confidant, or the IBP, or other fact-finding…