The Supreme Court (SC) has decided to simplify the guidelines on the lifting of suspensions against lawyers.
The SC issued the simplified guidelines in a decision made public this week.
In its decision, the tribunal explained it decided to simply the guidelines after learning that there have been instances where the suspension of lawyers became unnecessarily prolonged due to the certifications that have to be secured from various sources.
“By making the process of lifting suspensions more efficient, this Court is not waiving its authority to discipline erring lawyers or tolerating professional indiscretions but is merely balancing its regulatory duty with practical considerations,” the tribunal explained.
“Delaying and making the process of lifting disciplinary sanctions disproportionately burdensome, albeit inadvertently, achieves no further
noble objective,” it pointed out.
Though it will not hesitate to discipline an erring lawyer, the SC assured it will “also ensure that a lawyer may not be deprived of the freedom and right to exercise his profession unreasonably.”
The guidelines on the lifting of suspensions against lawyers states:
1. After finding that a lawyer must be suspended from the practice of law, the Court shall render a decision/resolution imposing the appropriate penalty;
2. The order of suspension shall be immediately executory upon receipt by the lawyer;
3. Every order of suspension shall be furnished to the: (1) OBC to be appended to the lawyer’s personal record as an attorney; (2) IBP for its information and guidance; and (3) OCA for circulation to all courts in the country;
4. Upon the expiration of the period of suspension, the lawyer shall file a Sworn Statement with the Court, through the OBC, stating 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 IBP, the Executive Judge of the courts, or any quasi-judicial agencies where the 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 lawyer of such Sworn Statement that he or she has completed the service of suspension;
7. While 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 lawyer under oath shall be a ground for the imposition of a more severe punishment, or even disbarment, as may be warranted.
