Code of Professional Responsibility and Accountability (new)

Section 1

Disciplinary proceedings against lawyers shall be confidential in character and summary in nature. (CBD Rules, Rule I, Sec. 4) Nonetheless, the final order of the Supreme Court shall be published like its decisions in other cases. (R139-B.18)

Section 1

The CPRA shall be applied to all cases filed after its effectivity and also retroactively to all pending cases, except to the extent that in the opinion of the Court, its application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern. (n)

Section 2

Proceedings for the disbarment, suspension, or discipline of lawyers may be commenced by the Supreme Court on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the Integrated Bar of the Philippines (IBP), or by any person, before the Supreme Court or the IBP. However, a verified complaint against a government lawyer which seeks to discipline such lawyer as a member of the Bar shall only be filed in the Supreme Court. (R139-B, sec. 1). A verified complaint filed with the Supreme Court may be referred to the IBP for investigation, report and recommendation, except when filed directly by the IBP, in which case, the verified complaint shall be referred to the Office of the Bar Confidant or such fact-finding body as may be designated. (n) Complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers in the judicial service, whether they are charged singly or jointly with other respondents, and whether such complaint deals with acts unrelated to the discharge of their official functions, shall be forwarded by the IBP to the Supreme Court for appropriate disposition under Rule 140, as amended. (n)

Section 2

The Code of Professional Responsibility of 1988, Sections 20 to 37 of Rule 138, and Rule 139-B of the Rules of Court are repealed. Any resolution, circular, bar matter, or administrative order issued by or principles established in the decisions of the Supreme Court inconsistent with the CPRA are deemed modified or repealed. (n)

Section 3

The complaint shall be verified. It shall state clearly and concisely the acts or omissions complained of and shall be supported by judicial affidavits of the witnesses and such other documents in support thereof. If the verified complaint is filed before the IBP, six (6) copies thereof shall be filed with the Secretary of the IBP or the Secretary of any of its chapters, who shall forthwith transmit the same to the IBP Board of Governors. (R139-B, sec. 1a; CBD Rules, Rule II, sec. 1)

Section 3

The CPRA shall take effect on April 11, 2023 and shall be published in the Official Gazette or in two newspapers of national circulation. (n) Revised Lawyer’s Oath under the CPRA I, (name), do solemnly swear (affirm) that I accept the honor, privilege, duty and responsibility of practicing law in the Philippines as an Officer of the Court in the interest of our people. I declare fealty to the Constitution of the Republic of Philippines. In doing so, I shall work towards promoting "the rule of law and a regime of truth, justice, freedom, love, equality, and peace." I shall conscientiously and courageously work for justice, as well as safeguard the rights and meaningful freedoms of all persons, identities and communities. I shall ensure greater and equitable access to justice. I shall do no falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone. I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity, and utmost civility. I impose all these upon myself without mental reservation nor purpose of evasion. [For oaths] So help me, God. (Omit for affirmations) Code of Professional Responsibility and Accountability

Section 4

The IBP shall recommend to the Supreme Court one hundred fifty (150) lawyers in good standing and repute, whom the IBP shall proportionately select from its nine (9) regions. (R139-B, sec. 2) The IBP may periodically recommend the adjustment of the number of Investigating Commissioners to the Supreme Court according to the existing caseload. The list, with the curriculum vitae of the recommended lawyers, shall be submitted by the IBP within a month from the effectivity of the Code. (n) Only those approved by the Supreme Court may be designated as Investigating Commissioners, who shall serve for a term of three (3) years, unless sooner removed, replaced or resigned. (n) An updated list shall be submitted by the IBP to the Supreme Court upon removal, replacement, or resignation of a lawyer previously designated as Investigating Commissioner by the Supreme Court. All approved Investigating Commissioners shall take an oath of office in the form prescribed by the IBP. A copy of the Investigating Commissioner's appointment and oath shall be transmitted to the Supreme Court. (R139-B, sec. 2)

Section 5

The IBP Board of Governors shall assign by raffle an Investigating Commissioner from among the lawyers approved by the Supreme Court in the list submitted by the IBP or, when special circumstances so warrant, a panel of three (3) Investigating Commissioners, to investigate the complaint. (R139-B, sec. 2)

Section 6

When a complaint is filed against a government lawyer, the Investigating Commissioner shall determine, within five days from assignment by raffle, whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the complaint touch upon the lawyer's continuing obligations under the CPRA or if the allegations assuming them to be true, make the lawyer unfit to practice the profession, then the Investigating Commissioner shall proceed with the case. Otherwise, the Investigating Commissioner shall recommend that the complaint be dismissed. (n)

Section 7

An Investigating Commissioner shall, on his or her own initiative or upon motion, recuse from acting as such on the grounds of relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest, or where he or she has acted as counsel for either party, unless, in the last instance, the parties sign and enter upon the record their written consent. Where an Investigating Commissioner does not disqualify himself or herself, a party may file the appropriate motion for disqualification before the IBP Board of Governors. The IBP Board of Governors shall resolve the motion within five days from receipt thereof. Upon vote of majority of the members present, there being a quorum, the IBP Board of Governors shall order the disqualification and designate a replace of the disqualified Investigating Commissioner. The decision of the IBP Board of Governors on the disqualification shall be final. (R139-B, sec. 2)

Section 8

The Investigating Commissioner shall investigate a complaint against any member of the Integrated Bar, and thereafter submit a report embodying the recommended action to the IBP Board of Governors, within a total period not exceeding one hundred eighty (180) calendar days, from assignment by raffle. (R139-B, sec. 3)

Section 9

The only submissions allowed are the complaint, answer, and position papers, all of which shall be verified. (CBD Rules, Rule III, sec. 1) A Certificate of Non-Forum Shopping shall accompany the verified complaint. An unverified complaint shall be recommended for outright dismissal. An unverified answer or position paper shall not be considered. (CBD Rules, Rule V, sec. 5)

Section 10

The following submissions are prohibited: (a) Motion to dismiss the complaint or petition, except on the ground of lack of jurisdiction, litis pendentia or res judicata; (b) Motion for a bill of particulars; (c) Motion to reopen or for new trial; (d) Petition for relief from judgment; (e) Supplemental pleadings; (f) Motion for reconsideration of a judgment on the merits, except a motion for reconsideration of an interlocutory order or resolution. (CBD, Rule III, secs. 1 and 2)

Section 11

Within fifteen (15) calendar days from assignment by raffle, if the Investigating Commissioner finds no prima facie showing of liability, the Investigating Commissioner shall recommend the outright dismissal of the complaint to the Supreme Court. The Supreme Court may adopt the recommendation and dismiss the complaint outright. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings. (R139-B, sec. 5)

Section 12

Disciplinary proceedings may not be instituted against a lawyer who has died. If such proceedings have been instituted notwithstanding the lawyer's death, the administrative case against said lawyer shall be dismissed. The death of the lawyer during the pendency of the case shall cause its dismissal. (n)

Section 13

Within fifteen (15) calendar days from assignment by raffle, the Investigating Commissioner shall issue the required summons, attaching thereto a copy of the verified complaint and supporting documents, if any. The summons shall require the respondent to file a verified answer. (CBD, Rule III, sec. 3)

Section 14

The answer shall be verified and filed within thirty (30) calendar days from receipt of the summons. (CBD, Rule III, sec. 3) The verified answer shall be accompanied by judicial affidavits of the witnesses and such other documents in support thereof. The respondent may, upon motion, for good cause, be given one extension of fifteen (15) calendar days to file the verified answer. Two (2) copies of the verified answer shall be filed with the Investigating Commissioner, with proof of service on the complainant or the latter's counsel. (R139-B, sec. 6)

Section 15

If the Investigating Commissioner finds that the complaint is not meritorious based on the verified answer, the Investigating Commissioner shall recommend to the Supreme Court the dismissal of the complaint. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings. (R139-B, sec. 5)

Section 16

No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same. (R139-B, sec. 5)

Section 17

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. (R139-B, sec. 7)

Section 18

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 investigation shall proceed with dispatch. (R139-B, sec. 8) The respondent shall be given full opportunity to defend and be heard, whether through counsel or not, and to present witnesses. (R139-B, sec. 8) The Investigating Commissioner shall have the power to issue subpoena and administer oaths and affirmations in relation to the conduct of the proceedings. (R139-B, sec. 8)

Section 19

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 receipt of the compliance or lapse of the period to comply, the Investigating Commissioner may conduct a hearing, if necessary, in accordance with the procedure set forth under Canon VI, Section 20 for hearings before the Investigating Commissioner. Such hearing shall be terminated within fifteen (15) calendar days from commencement. Thereafter, the Investigating Commissioner shall submit a report and recommendation to the IBP Board of Governors within a period of fifteen (15) calendar days from termination of the contempt hearing. (R139-B, sec. 8) Within thirty (30) calendar days from receipt of the Investigating Commissioner's report and recommendation on the contempt charge, the IBP Board of Governors, through a Resolution, may either adopt, modify, or disapprove the recommendation of the Investigating Commissioner. The action of the IBP Board of Governors shall be immediately executory. (n) The action of the IBP Board of Governors may be appealed to the Supreme Court. The execution of the order of contempt shall not be suspended, unless a bond is filed by the person adjudged in contempt, in an amount fixed by the IBP Board of Governors, conditioned upon compliance with and performance of the final action in the contempt case, if decided against the contemnor. (R71.11)

Section 20

Immediately upon receipt of the verified answer, the Investigating Commissioner shall send a notice to the parties and counsels to simultaneously file, within a non- extendible period of ten (10) calendar days from receipt of the notice, their respective preliminary conference briefs which shall contain the following: (a) Admissions; (b) Stipulation of facts; (c) Definition of issues; (CBD, Rule V, sec. 1) (d) Judicial affidavits and marked exhibits, accompanied by the lawyer's certification that the attached documents are the genuine or faithful reproductions of the original in his or her custody or possession; (e) Such other matters as may aid in the prompt disposition of the action.

Section 21

Within ten (10) calendar days from receipt of the preliminary conference briefs, the Investigating Commissioner shall issue a Preliminary Conference Order, on the basis of such briefs submitted by the parties and counsels, summarizing the stipulated facts, issues and marked exhibits. (n) The Investigating Commissioner shall further direct the parties to submit their verified position papers within anon- extendible period of ten (10) calendar days from receipt of the preliminary conference order. (CBD, Rule V, sec. 2)

Section 22

Within ten (10) calendar days from receipt of the last position paper, the Investigating Commissioner shall determine whether there is a need to conduct a hearing to clarify factual issues and confront witnesses. If deemed necessary, the Investigating Commissioner shall set the hearing within fifteen (15) calendar days from such determination, and identify the factual issues to be made subject of the hearing. The Investigating Commissioner may subpoena any witness to appear at the hearing to answer clarificatory questions. Thereafter, the Investigating Commissioner may allow the parties to confront the witnesses and propound their own clarificatory questions on the factual issues identified by the Investigating Commissioner. (CBD, Rule V, sec. 3) The clarificatory hearing may be done in-person or through videoconferencing. If it is conducted in-person, the clarificatory hearing shall be done at the most convenient venue for the parties. The clarificatory hearing shall be terminated within thirty (30) calendar days from its commencement. (n)

Section 23

The proceedings before the IBP shall be recorded. (CBD, Rule V, sec. 4)

Section 24

Non-appearance at the clarificatory hearing shall be deemed a waiver of the right to participate therein. (CBD, Rule V, sec. 5)

Section 25

If there is no clarificatory hearing, the Investigating Commissioner shall render a report and recommendation and submit the same to the IBP Board of Governors within a non-extendible period of sixty (60) calendar days from receipt of the last position paper or lapse of the period given. (CBD, Rule V, secs. 6, 7) In case the Investigating Commissioner sets a clarificatory hearing , the report and recommendation shall be rendered and submitted to the IBP Board of Governors within a non-extendible period of thirty (30) calendar days from the termination of the hearing. (CBD, Rule V, secs. 6, 7) The report and recommendation shall be accompanied by the duly certified transcript of stenographic notes, or in lieu thereof, the audio recording, if any, or the Investigating Commissioner's personal notes duly signed, which should be attached to the records, together with the evidence presented during the investigation. The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigating Commissioner's personal notes any relevant and pertinent testimonies. (R139-B, sec. 10) If the hearing is conducted through videoconferencing, the proceedings shall be recorded by the Investigating Commissioner. It shall form part of the records of the case, appending thereto relevant electronic documents taken up or issued during the hearing. (A.M. No. 20-12-01-SC, II.B.8)

Section 26

The IBP Board of Governors shall have a non-extendible period of ninety (90) calendar days from receipt of the Report and Recommendation of the Investigating Commissioner, within which to submit to the Supreme Court its Resolution adopting, modifying or disapproving such Report and Recommendation. (n)

Section 27

Depositions may be taken in accordance with the Rules of Civil Procedure, as amended, with leave of the Investigating Commissioner. (R139-B, sec. 9)

Section 28

The filing and the service of papers or notices required by this Canon shall be made with the Commission, or upon the parties personally, by registered mail, accredited courier, electronic mail or other electronic means, or as provided for in international conventions to which the Philippines is a party. (CBD, Rule VI, sec. 3; R13.5) For this purpose, the office address and the electronic mail address supplied by the lawyer to the IBP shall be the official addresses to which all notices, orders and processes shall be served. Proof of filing and service shall be submitted in accordance with the Rules of Civil Procedure, as amended. (n)

Section 29

Any substantial defect in the complaint, notice, answer, or in the proceeding or the Investigating Commissioner's Report which may result in the miscarriage of justice may be raised as an error before the Supreme Court, unless the defect results in the deprivation of the right to due process. In case of the latter, the matter may be brought before the IBP Board of Governors by way of a motion to reopen within sixty (60) calendar days from knowledge. (R139-B, sec. 11)

Section 30

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 body that is designated or created by the Supreme Court for such purpose. Cases referred to the Office of the Bar Confidant, or other fact-finding body, or the IBP shall proceed in the same manner provided in Sections 5 to 29 of this Canon. In any event, the report and recommendation on the investigation shall be reviewed directly by the Supreme Court, which shall take such necessary action on the report and recommendation as may be warranted. (R140, sec. 12; R139-B, sec. 13)

Section 31

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. (R139-S, sec. 15)

Section 32

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. (n)

Section 33

Serious offenses include: (1) Gross misconduct, or any inexcusable, shameful or flagrant unlawful conduct; (2) Serious dishonesty, fraud, or deceit, including falsification of documents and making untruthful statements; (3) Bribery or corruption; (4) Gross negligence in the performance of duty, or conduct that is reckless and inexcusable that the client is deprived of his or her day in court; (5) Conviction of a crime involving moral turpitude; (6) Grossly immoral conduct, or an act that is so corrupt or false as to constitute a criminal act, or so immoral as to be reprehensible to a high degree; (7) Misappropriating a client’s funds or properties; (8) Gross ignorance of the law or procedure, or the disregard of basic rules and settled jurisprudence, when either is attended by bad faith, malice or corrupt motive; (9) Grossly undignified conduct prejudicial to the administration of justice; (10) Sexual abuse; (11) Gender-based sexual harassment or discrimination; (12) Open defiance to any order of the court, tribunal, or other government agency; (13) Threat of physical or economic harm, amounting to a crime, directed at a fellow lawyer, the latter’s client or principal, a witness, or any official or employee of a court, tribunal, or other government agency; (14) Willful and deliberate forum shopping, and forum shopping through gross negligence; (15) Intentional violation of the rule on privileged communication; (16) Violation of the notarial rules, except reportorial requirements, when attended by bad faith; (17) Intentional violation of the conflict of interest rules; (18) Influence-peddling or using one's relationships to obtain a favorable action on, or outcome in, any pending matter or proceeding, directly or indirectly, with or without monetary consideration, from any officer of a court, tribunal or other government agency; (19) Unlawful Discrimination under Canon V; and (20) Sale, distribution, possession and/or use of illegal drugs or substances. (n)

Section 34

Less serious offenses include: (1) Simple misconduct, or such misconduct without the manifest elements of corruption, clear intent to violate the law or flagrant disregard of established rules; (2) Simple negligence in the performance of duty, or such negligence which does not result in depriving the client of his or her day in court; (3) Violation of Supreme Court rules and issuances in relation to Bar Matters and administrative disciplinary proceedings, including willful and deliberate disobedience of the orders of the Supreme Court and the IBP; (4) Simple dishonesty; (5) Other violations of the conflict of interest rules; (6) Prohibited borrowing of money from a client; (7) Prohibited lending of money; (8) Other unlawful threats; (9) Instituting frivolous or baseless actions, on the basis of a final decision or order dismissing such action for being frivolous or baseless; (10) Violation of the sub judice rule; (11) Deliberate failure or refusal to pay just debts; (12) Termination of legal services absent good cause and written notice; (13) Use of intemperate or offensive language before any court, tribunal, or other government agency; (14) Unjustifiable failure or refusal to render an accounting of the funds or properties of a client; (15) Unauthorized division of fees with a non- lawyer; and (16) Other violations of reportorial requirements. (n)

Section 35

Light offenses include: (1) Violation of IBP rules and issuances governing membership in the IBP; (2) Use of vulgar or offensive language in personal dealings; (3) Fraternizing with the officials or employees of a court, tribunal, or other government agency where the respondent has a pending case or cases, to such a degree and frequency as would give the appearance of power or influence over them, or which tends to create an impression of impropriety; (4) Filing of frivolous motions for inhibition; or (5) Failure to promptly call upon client to rectify a fraudulent act; or (6) Other similar or analogous infractions of the CPRA. (n)

Section 36

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. (n)

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 commission and disqualification as notary public for not less than two (2) years; or (4) A fine exceeding Php100,000.00. (b) If the respondent is found guilty of a less serious offense, any of the following sanctions, or a combination thereof, shall be imposed: (1) Suspension from the practice of law for a period within the range of one (1) month to six (6) months, or revocation of notarial commission and disqualification as notary public for less than two (2) years; (2) A fine within the range of P35,000.00 to P100,000.00. (c) If the respondent is found guilty of a light offense, any of the following sanctions shall be imposed: (1) A fine within the range of P1,000.00 to P35,000.00; (2) Censure; or (3) Reprimand. In addition to the above sanctions in paragraph (c), the respondent may also be required to do community service or service in the IBP legal aid program. In all instances, when the offense involves money or property owed, which is intrinsically linked to the lawyer-client relationship, the respondent shall be ordered to return the same. (n)

Section 38

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 in 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. (n)

Section 39

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. (R140.20) (n)

Section 40

If the respondent is found liable for more than one (1) offense arising from separate acts or omissions in a single administrative proceeding, the Court shall impose separate penalties for each offense. Should the aggregate of the imposed penalties exceed five (5) years of suspension from the practice of law or P1,000,000.00 in fines, the respondent may, in the discretion of the Supreme Court, be meted with the penalty of disbarment. If a single act or omission gives rise to more than one (1) offense, the respondent shall still be found liable for all such offenses, but shall, nonetheless, only be meted with the appropriate penalty for the most serious offense. (R140.21) (n)

Section 41

When the penalty imposed is a fine or the respondent is ordered to return the client's money or property, the respondent shall pay or return it within a period not exceeding three (3) months from receipt of the decision or resolution. If unpaid or unreturned, the Court may cite the respondent in indirect contempt. (R140.22) (n)

Section 42

When the respondent has been previously disbarred and is subsequently found guilty of a new charge, the Court may impose a fine or order the disbarred lawyer to return the money or property to the client, when proper. If the new charge deserves the penalty of a disbarment or suspension from the practice of law, it shall not be imposed but the penalty shall be recorded in the personal file of the disbarred lawyer in the Office of the Bar Confidant or other office designated for the purpose. In the event that the disbarred lawyer applies for judicial clemency, the penalty so recorded shall be considered in the resolution of the same. (n)

Section 43

The decision or resolution pronouncing the respondent's administrative liability is immediately executory. The copies of the decision or resolution shall be furnished to the Office of the Bar Confidant, the Integrated Bar of the Philippines National Office and local chapter to which the respondent belongs, and the Office of the Court Administrator for circulation to all the courts. (R140.23) (n)

Section 44

Any suspension from the practice of law imposed by the Supreme Court is not automatically lifted upon the lapse of the period, but only upon its order. (n)

Section 44

Proceedings against lawyers shall be confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases. (R139-B, sec. 18)

Section 45

Upon the expiration of the period of suspension from the practice of law, the lawyer shall file a Sworn Statement with the Supreme Court, through the Office of the Bar Confidant, to show that the petitioner, during the period of suspension: (a) has not appeared before any court, tribunal or other government agency, whether in respect of current, former or prospective clients; (b) has not signed or filed any pleading or other court submission; (c) has duly informed his or her clients, law firm, law school where the lawyer is teaching, legal clinic, or other legal service organization of which he or she is a member, regarding the suspension; and (d) has not otherwise performed any act, directly or indirectly, that amounts to the practice of law. The Sworn Statement shall state the date of the lawyer's receipt of the order, decision or resolution imposing the penalty of suspension, as well as a list of the lawyer's engagements affected by the suspension, indicating the relevant court, tribunal or other government agency, if any. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP, to the Executive Judge of the courts where the suspended lawyer has pending cases handled by him or her, and/or where he or she has appeared as counsel.

Section 46

The Sworn Statement shall be considered as proof of the suspended lawyer's compliance with the order of suspension. Such lawyer shall be allowed to resume the practice of law upon the filing of the Sworn Statement before the Supreme Court. However, any false statement in the Sworn Statement shall be a ground for a complaint for disbarment. Within five (5) days from the filing of the Sworn Statement and the Office of the Bar Confidant determines that there is a false statement stated therein, it shall refer the same to the Court for its immediate action. (n)

Section 47

A lawyer who has been disbarred may file a verified petition for judicial clemency after five years from the receipt of the order, decision, resolution of disbarment. (n)

Section 48

The verified petition for judicial clemency shall allege the following: (a) that the verified petition was filed after five years from the receipt of the order, decision, or resolution of disbarment; (b) that the disbarred lawyer has fully complied with the terms and conditions of all prior disciplinary orders, including orders for restitution; (c) that he or she recognizes the wrongfulness and seriousness of the misconduct for which he or she was disbarred by showing positive acts evidencing reformation; (d) that he or she has reconciled, or attempted in good faith to reconcile, with the wronged private offended party in the disbarment case, or if the same is not possible, an explanation as to why such attempt at reconciliation could not be made. Where there is no private offended party, the plea for clemency must contain a public apology; and (e) notwithstanding the conduct for which the disbarred lawyer was disciplined, he or she has the requisite good moral character and competence. Any of the following allegations may also be made in support of the petition: (a) that he or she still has productive years that can be put to good use if given a chance; or (b) there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service. (n)

Section 49

Upon receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and determine if the same has prima facie merit based on the criteria. If the petition has prima facie merit, the Supreme Court shall refer the petition to the Office of the Bar Confidant or any fact-finding body the Court so designates for investigation, report and recommendation. If the petition fails to show any prima facie merit, it shall be denied outright. (n)

Section 50

The Office of the Bar Confidant or any other fact-finding body designated shall conduct and terminate the investigation and submit to the Supreme Court its report and recommendation within ninety (90) calendar days from receipt of the referral. (n)

Section 51

The Supreme Court shall decide the petition on the basis of clear and convincing evidence. (n)

Section 52

A lawyer who has been disbarred or suspended shall not be employed or engaged in the practice of law, including the performance of the following acts: (a) Providing legal consultation or advice; (b) Appearance on behalf of a client in any hearing or proceeding before any court, tribunal, or other government agency or office; (c) Appearance as a representative of a client at a deposition or other discovery matter; (d) Negotiate or transact any legal matter for or on behalf of a client with third parties; (e) Receiving, disbursing, or otherwise handling a client's funds; (f) Teaching law subjects in any educational institution; or (g) Acting and being commissioned as a Notary Public. A suspended lawyer shall immediately cease and desist from the practice of law until the suspension is lifted by the Supreme Court. Any client previously represented by a suspended lawyer may engage the services of a new lawyer. The disbarment or suspension of a handling lawyer shall not terminate the lawyer-client engagement between the client and the law firm, unless the client chooses otherwise. (n)

Section 53

All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges for which the parties may be taxed as costs, subject to proof. (R139-B, sec. 19) General Provisions