CPRA 6. Canon VI – Accountability

Question 1

a. How instituted – Sections 2 and 30

Answer 1

Here’s a summary of Sections 1 and 2 with key points for easy memorization:

Section 1: Nature of disciplinary proceedings against lawyers

Key Points:
1. Confidentiality: Disciplinary proceedings are confidential.
2. Summary Nature: Proceedings are summary in nature.
3. Publication: Final orders of the Supreme Court are published like other case decisions.

Example: A lawyer’s disciplinary hearing is kept confidential, but the final decision by the Supreme Court is made public.

Section 2: How instituted

Key Points:
1. Initiation: Proceedings can be initiated by:
- Supreme Court on its own initiative
- Verified complaint by IBP Board of Governors
- Verified complaint by any person
2. Government Lawyers: Complaints against government lawyers must be filed in the Supreme Court.
3. Referral: Verified complaints filed with the Supreme Court may be referred to the IBP for investigation, except those filed directly by the IBP.
4. Judicial Service: Complaints against Justices, judges, or lawyers in judicial service are forwarded to the Supreme Court for disposition under Rule 140.

Example: A verified complaint against a lawyer is filed by a person with the Supreme Court, which may then refer it to the IBP for investigation.

Memorization Aid: “CIPR” (Confidentiality, Initiation, Publication, Referral)

Summary:
- Section 1: Proceedings are confidential and summary, but final orders are published.
- Section 2: Proceedings can be initiated by various entities, with specific rules for government lawyers and judicial service complaints.

These summaries capture the essential elements of Sections 1 and 2, emphasizing the confidentiality and procedural aspects of disciplinary proceedings against lawyers.

Question 2

b. Proceedings against a government lawyer – Section 6

Here’s a summary of Section 30 by its key points for easy memorization:

1. Referral Options:
   
   • Supreme Court can refer cases to:
     a) Office of the Bar Confidant
     b) Integrated Bar of the Philippines (IBP)
     c) Other designated fact-finding body
2. Procedure:
   
   • Cases referred follow the same process as outlined in Sections 5 to 29 of the Canon.
3. Review Process:
   
   • Supreme Court directly reviews the report and recommendation from the investigation.
4. Action:
   
   • Supreme Court takes necessary action based on the report and recommendation.

Memorization Aid: “RPRA” (Referral, Procedure, Review, Action)

Summary:
- Supreme Court can refer cases to various bodies for investigation
- Investigation follows standard procedures from Sections 5-29
- Supreme Court reviews the investigation report directly
- Supreme Court takes action based on the findings

This section emphasizes the Supreme Court’s role in overseeing disciplinary proceedings, its ability to delegate investigations, and its ultimate authority in taking action based on investigation results.

Answer 2

Here’s a summary of Section 6 by its key points for easy memorization:

1. Jurisdiction Determination:
   
   • Investigating Commissioner must determine jurisdiction within 5 days of assignment.
   • Possible jurisdictions: concerned agency, Ombudsman, or Supreme Court.
2. Criteria for Proceeding:
   
   • Allegations relate to lawyer’s continuing obligations under CPRA, or
   • Allegations, if true, make the lawyer unfit to practice.
3. Action:
   
   • If criteria met: Investigating Commissioner proceeds with the case.
   • If criteria not met: Recommend dismissal of the complaint.
4. Timeframe:
   
   • 5 days from assignment by raffle to make determination.

Memorization Aid: “J-CAT” (Jurisdiction, Criteria, Action, Timeframe)

Summary:
- Determine jurisdiction within 5 days
- Check if allegations relate to CPRA obligations or fitness to practice
- Proceed with case or recommend dismissal based on criteria
- Quick 5-day decision timeframe

This section emphasizes the need for swift assessment of complaints against government lawyers, focusing on whether the allegations fall within the scope of the CPRA or affect the lawyer’s fitness to practice. The 5-day timeframe underscores the importance of prompt action in these cases.

Question 3

c. Proceedings against members of the judiciary – Section 2

Answer 3

Section 1: Nature of disciplinary proceedings against lawyers

Key Points:
1. Confidentiality: Disciplinary proceedings are confidential.
2. Summary Nature: Proceedings are summary in nature.
3. Publication: Final orders of the Supreme Court are published like other case decisions.

Example: A lawyer’s disciplinary hearing is kept confidential, but the final decision by the Supreme Court is made public.

Section 2: How instituted

Key Points:
1. Initiation: Proceedings can be initiated by:
- Supreme Court on its own initiative
- Verified complaint by IBP Board of Governors
- Verified complaint by any person
2. Government Lawyers: Complaints against government lawyers must be filed in the Supreme Court.
3. Referral: Verified complaints filed with the Supreme Court may be referred to the IBP for investigation, except those filed directly by the IBP.
4. Judicial Service: Complaints against Justices, judges, or lawyers in judicial service are forwarded to the Supreme Court for disposition under Rule 140.

Example: A verified complaint against a lawyer is filed by a person with the Supreme Court, which may then refer it to the IBP for investigation.

Memorization Aid: “CIPR” (Confidentiality, Initiation, Publication, Referral)

Summary:
- Section 1: Proceedings are confidential and summary, but final orders are published.
- Section 2: Proceedings can be initiated by various entities, with specific rules for government lawyers and judicial service complaints.

These summaries capture the essential elements of Sections 1 and 2, emphasizing the confidentiality and procedural aspects of disciplinary proceedings against lawyers.

Question 4

d. Preventive suspension – Section 31

Answer 4

Here’s a summary of the key points for each section:

Section 31: Preventive suspension

Key points:
1. Supreme Court can suspend a lawyer during investigation
2. Suspension can be initiated by the Court or recommended by IBP, Bar Confidant, or fact-finding body
3. Maximum suspension period is 180 calendar days
4. Purpose: prevent interference, evidence tampering, witness intimidation
5. Suspension can be lifted by the Supreme Court

Example: A lawyer accused of tampering with evidence may be suspended for up to 180 days while the case is investigated.

Question 5

e. Quantum and burden of proof – Section 32

Answer 5

Section 32: Quantum and burden of proof

Key points:
1. Complainant bears the burden of proof
2. Standard of proof is substantial evidence
3. Substantial evidence defined as relevant evidence a reasonable mind might accept to justify a conclusion

Example: In a disciplinary case, the complainant must provide enough credible evidence that a reasonable person would consider sufficient to prove the lawyer’s misconduct.

Memorization aid: “PSQB” (Preventive Suspension, Quantum of proof, Burden of proof)

Summary:
- Section 31: Allows temporary suspension to protect investigation integrity
- Section 32: Sets standard of proof for disciplinary cases

These sections establish procedures to ensure fair and thorough investigations of lawyer misconduct while protecting the integrity of the process.

Question 6

f.
Executory nature of the decision or resolution – Section 43

Answer 6

Here’s a summary of Section 43 by its key points:

1. Immediate Execution:
   
   • The decision or resolution on administrative liability is immediately executory.
2. Distribution of Copies:
   
   • Copies of the decision or resolution must be furnished to:
     a) Office of the Bar Confidant
     b) (IBP) National Office
     c) IBP Local chapter of the respondent
     d) Office of the Court Administrator
3. Circulation:
   
   • The Office of the Court Administrator is responsible for circulating the decision or resolution to all courts.

Key Memorization Aid: “IEDC” (Immediate Execution, Distribution, Circulation)

Summary:
- Immediate execution of administrative liability decisions
- Distribution of copies to relevant legal bodies
- Circulation to all courts

This section emphasizes the swift implementation of disciplinary actions against lawyers and ensures that all relevant legal entities and courts are informed of the decision. The immediate execution and wide distribution underscore the seriousness of maintaining professional standards in the legal profession.

Question 7

g. Sworn statement after service of suspension – Sections 45-46

Answer 7

Section 45: Sworn statement after service of suspension

Key Points:
1. Sworn Statement Filing: Upon SUSPENSION EXPIRATION, file a Sworn Statement with the Supreme Court via the Office of the Bar Confidant.
2. Contents of Sworn Statement:
- No court/tribunal appearances
- No signing/filing of pleadings
- Inform clients, law firm, law school, legal clinic of suspension
- No acts amounting to the practice of law
3. Additional Information:
- Date of receipt of suspension order
- List of affected engagements

Example: A suspended lawyer files a Sworn Statement confirming they did not appear in court, sign pleadings, or practice law during the suspension period and informed all relevant parties.

Section 46: Resumption of practice of law

Key Points:
1. Proof of Compliance: The Sworn Statement serves as proof of compliance with the suspension order.
2. Resumption: Lawyer can resume practice upon filing the Sworn Statement.
3. False Statements: Any false statement in the Sworn Statement can lead to a disbarment complaint.
4. Immediate Action: If the Office of the Bar Confidant finds a false statement within five days, it refers the matter to the Court for immediate action.

Example: A lawyer resumes practice after filing a truthful Sworn Statement, but if false information is discovered, it could lead to disbarment proceedings.

Memorization Aid: “SFRI” (Sworn Statement, Filing, Resumption, Immediate action)

Summary:
- Section 45: File a Sworn Statement after suspension, detailing compliance and informing relevant parties.
- Section 46: Sworn Statement allows resumption of practice; false statements can lead to disbarment.

These summaries and examples highlight the essential steps and responsibilities for lawyers regarding suspension and resumption of practice, ensuring compliance with ethical standards.

Question 8

h. Judicial Clemency – Sections 47-51

Answer 8

Section 47: Reinstatement in the Roll of Attorneys
Key point: Disbarred lawyers can petition for judicial clemency after 5 years.
Example: A lawyer disbarred in 2018 can file for reinstatement in 2023.

Section 48: Petition for judicial clemency
Key points:
1. Filed after 5 years
2. Compliance with prior disciplinary orders
3. Recognition of wrongdoing and reformation
4. Reconciliation attempt with offended party
5. Good moral character and competence
Additional supporting points:
- Productive years ahead
- Potential for public service

Example: A disbarred lawyer shows reformation by volunteering at legal aid clinics and reconciles with clients they previously wronged.

Section 49: Action on the petition for judicial clemency
Key points:
1. Supreme Court conducts preliminary evaluation
2. If prima facie merit exists, refer to Bar Confidant for investigation
3. If no merit, deny outright

Example: The Supreme Court finds merit in a petition and refers it to the Bar Confidant for further investigation.

Section 50: Investigation by the Office of the Bar Confidant
Key point: Bar Confidant has 90 days to investigate and submit a report.
Example: The Bar Confidant interviews character witnesses and reviews the petitioner’s recent conduct within the 90-day period.

Section 51: Decision on the petition for judicial clemency
Key point: Supreme Court decides based on clear and convincing evidence.
Example: The Court reinstates a lawyer after finding strong evidence of rehabilitation and community service.

Memorization aid: “PRAID” (Petition, Requirements, Action, Investigation, Decision)

Question 9

i. Prohibition against employment of disbarred or suspended
lawyer – Section 52

Summary:
- Disbarred/suspended lawyers can’t practice law in any form
- Must stop immediately when suspended
- Clients can choose new lawyers
- Firm-client relationship continues unless client decides otherwise

This summary captures the essential elements of Section 52, emphasizing the comprehensive ban on legal practice for disbarred or suspended lawyers and the protections in place for clients.

Answer 9

1. Prohibited Activities for Disbarred/Suspended Lawyers:
   
   • Legal consultation/advice
   • Court/tribunal appearances
   • Representing clients in depositions
   • Negotiating for clients
   • Handling client funds
   • Teaching law
   • Acting as Notary Public
2. Immediate Cessation:
   
   • Suspended lawyers must stop practicing immediately until suspension is lifted
3. Client Rights:
   
   • Clients can engage new lawyers
4. Law Firm Engagement:
   
   • Disbarment/suspension doesn’t automatically terminate client-firm relationship unless client chooses

Memorization Aid: “CANT PLAN” (Consultation, Appearances, Negotiation, Teaching, Prohibitions, Legal practice cessation, Allow new lawyers, No automatic termination)