Requirements on Lifting of the Penalty of Suspension Imposed Against Members of the Bar

February 27, 2023

OCA CIRCULAR NO. 84-2023

 

For the information and guidance of all concerned, the following are the guidelines outlined by the Court in its Decision dated 10 January 2023 in A.C. No. 11032, entitled Re: Order dated 01 October 2015 in Crim Case No. 15-318727-34, Regional Trial Court (RTC), Branch 49, Manila, against Atty. Severo L. Brillantes, governing the lifting of the penalty of suspension imposed against members of the Bar, thus:

1. After a finding that the respondent lawyer must be suspended from the practice of law, the Court shall render a decision or resolution imposing the appropriate penalty;

2. The order of suspension shall be immediately executory upon receipt thereof by the respondent lawyer;

3. Every order of suspension imposed against a member of the Bar shall be furnished to the: (1) Office of the Bar Confidant to be appended to respondent's personal record as an attorney; (2) Integrated Bar of the Philippines for its information and guidance; and (3) Office of the Court Administrator for circulation to all courts in the country;

4. Upon the expiration of the period of suspension, the respondent lawyer shall file a Sworn Statement with the Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law, has not appeared in any court during the period of his or her suspension and has complied with all other directives of the Court relative to the order of suspension;

5. Copies of such Sworn Statement shall be furnished to the Local Chapter of the Integrated Bar of the Philippines, the Executive Judge of the courts, or any quasi-judicial agencies where the respondent lawyer has pending cases handled by him or her, and/or where he or she has appeared as counsel;

6. The order of suspension shall be automatically lifted upon submission by the respondent lawyer of such Sworn Statement that he or she has completed the service of suspension;

7. While respondent lawyers are neither prohibited nor discouraged to attach supporting certifications from their local IBP chapters, and from courts and quasi-judicial agencies where they practice, their requests to resume the practice of law will not be held in abeyance on account of their non-submission; and,

8. Any finding or report contrary to the statements made by the respondent lawyer under oath shall be a ground for the imposition of a more severe punishment, or even disbarment, as may be warranted.

(SGD.) RAUL B. VILLANUEVACourt Administrator