d. Preventive Suspension

B. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01- SC) (part 4 of 4)

> Section 2. How instituted. — 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. 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. 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.

Preventive suspension

> 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.

Quantum and burden of proof

> 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.

Executory nature of the decision or resolution

> Section 43. Immediately executory; furnished copies. — 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.

Sworn statement after service of suspension

> Section 45. Sworn statement after service of suspension. — 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.

Judicial Clemency

> Section 47. Reinstatement in the Roll of Attorneys. — 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. Section 48. Petition for judicial clemency. — 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:ch

(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. Section 49. Action on the petition for judicial clemency; prima facie merit. — 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. Section 50. Investigation by the Office of the Bar Confidant or other fact-finding body. — 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. Section 51. Decision on the petition for judicial clemency; quantum of evidence. — The Supreme Court shall decide the petition on the basis of clear and convincing evidence.

Prohibition against employment of disbarred or suspended lawyer

> Section 52. Prohibition against employment of disbarred or suspended lawyer. — 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) Appearing on behalf of a client in any hearing or proceeding before any court, tribunal, or other government agency or office;

(c) Appearing as a representative of a client at a deposition or other discovery matter;

(d) Negotiating or transacting any legal matter for or on behalf of a client with third parties; or

(e) Receiving, disbursing, or otherwise handling a client’s funds; or

(f) Teaching law subjects in any educational institution.

(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.