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Manner of imposition, C6S39 CPRA

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 discretion, impose the penalty of disbarment depending on the number and gravity of the aggravating circumstances.
If one (1) or more mitigating circumstances and no aggravating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not less than half of the minimum prescribed under the CPRA.
If there are both aggravating and mitigating circumstances present, the Supreme Court may offset each other. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Manner of imposition

a. No modifying circumstances

Where there are no modifying circumstances (i.e. aggravating or mitigating), these penalties may be imposed:

1) Suspension, or

2) Fine for a period or amount not exceeding double of the maximum prescribed under this Rule.

b. With aggravating circumstances only

The Supreme Court may, in its discretion, impose the penalty of disbarment depending on the number and gravity of the aggravating circumstances.

c. With mitigating circumstances only

If one (1) or more mitigating circumstances and no aggravating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not less than half of the minimum prescribed under the CPRA.

d. Both aggravating and mitigating circumstances

Aggravating and mitigating circumstances may be offset with each other.

References

Canon VI, 2023 Code of Professional Responsibility

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