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 19, Canon VI SECTION 19. Indirect contempt. – Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigating Commissioner shall be dealt with as indirect contempt of court. The Investigating Commissioner shall require the alleged contemnor to show cause within ten (10) calendar days from notice. Upon…
Section 18, Canon VI SECTION 18. Investigation. – Upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. However, if despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte. In both instances, the…
Section 17, Canon VI SECTION 17. Counsel de officio. – The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel de officio to assist the complainant or the respondent during the investigation in case of need for such assistance. (2023 Code of Professional Responsibility and Accountability or CPRA) 1….