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Modifying circumstances, C6S38 CPRA

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 abuse, and sale, distribution, possession and/or use of illegal drugs or substances;
(2) Absence of bad faith or malice;
(3) Return of the amounts owed;
(4) Expression of remorse;
(5) Reconciliation with the complainant;
(6) Rectification of wrongdoing;
(7) Act or omission did not prejudice the client;
(8) Age;
(9) Number of years in the practice of law;
(10) Humanitarian considerations; and
(11) Other analogous circumstances.
(b) Aggravating Circumstances:
(1) Finding of previous administrative liability where a penalty is imposed, regardless of nature or gravity;
(2) Age;
(3) Number of years in the practice of law;
(4) Employment of fraudulent means to conceal the offense;
(5) Respondent’s act or omission was tainted with bad faith or malice, except when it is an element of the offense;
(6) Lack of remorse;
(7) Failure to comply with the orders of the Court and the IBP in relation to an administrative case; and
(8) Other analogous circumstances. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Modifying circumstances

a. Mitigating circumstances

1) First offense

2) Absence of bad faith or malice

3) Return of the amounts owed

4) Expression of remorse

5) Reconciliation with the complainant

6) Rectification of wrongdoing

7) Act or omission did not prejudice the client

8) Age

9) Number of years in the practice of law

10) Humanitarian considerations

11) Other analogous circumstances

b. Aggravating Circumstances:

1) Finding of previous administrative liability where a penalty is imposed, regardless of nature or gravity;

2) Age

3) Number of years in the practice of law

4) Employment of fraudulent means to conceal the offense

5) Respondent’s act or omission was tainted with bad faith or malice, except when it is an element of the offense

6) Lack of remorse

7) Failure to comply with the orders of the Court and the IBP in relation to an administrative case

8) Other analogous circumstances

References

Canon VI, 2023 Code of Professional Responsibility

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