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Preventive suspension, C6S31 CPRA

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 lawyer from the practice of law during the pendency of the investigation for a period not exceeding one hundred eighty (180) calendar days or until such suspension is lifted by the Supreme Court, in order to prevent interference with or obstruction of the investigation, tampering, concealment or destruction of evidence, intimidating or exerting undue influence on any witness. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Preventive suspension

Under this section, “after receipt of respondent’s answer or lapse of the period therefor”, the Supreme Court “may suspend a lawyer from the practice of law during the pendency of the investigation”:

1) For a period not exceeding one hundred eighty (180) calendar days; or

2) Until such suspension is lifted by the Supreme Court.

NB: The Supreme Court may issue such suspension “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 [of the CPRA].”

b. Purpose

The purpose of the preventive suspension is “to prevent interference with or obstruction of the investigation, tampering, concealment or destruction of evidence, intimidating or exerting undue influence on any witness.”

References

Canon VI, 2023 Code of Professional Responsibility

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