CANON V

EQUALITY

Every lawyer shall adhere to the principle of equality and hold firmly the belief that
every person, regardless of nationality or ethnicity, color, sexual orientation or gender
identity, religion, disability, age, marital status, social or economic status, and other
like circumstances, has the fundamental right to equal treatment and representation.

As such, the lawyer shall accord equal respect, attention, dedication and zeal in
advancing the client’s cause, regardless of personal opinion, religious or political beliefs
pertaining on the personal circumstances of the client, except for justifiable reasons.

Section 1. Non-discrimination. — A lawyer shall not decline to represent a person

solely on account of the latter’s nationality or ethnicity, sexual orientation or gender
identity, religion, disability, age, marital status, social or economic status, political
beliefs, or such lawyer’s or the public’s opinion regarding the guilt of said person,
except for justifiable reasons.

Section 2. Treatment of vulnerable persons. — In dealing with a client who belongs

to a vulnerable sector, a lawyer shall be mindful and sensitive of, and consider the
client’s special circumstances, as well as the applicable laws and rules.

The lawyer shall observe a higher standard of service suited to the particular needs of
the vulnerable person and shall assert such person’s right to meaningful access to
justice.

A vulnerable person is a person who is at a higher risk of harm than others, and shall
include children, the elderly, the homeless, persons with disability, persons deprived of
liberty, human rights victims, victims of domestic violence, victims of armed conflict,
those who are socio-economically disadvantaged, those who belong to racial or ethnic
minorities, or those with debilitating physical or mental conditions.

Section 3. Indigent person. — A lawyer shall not refuse the representation of an

indigent person, except if:ch an rob lesvirt u alawlib rary

(a) the lawyer is not in a position to carry out the work effectively or competently due
to a justifiable cause;
(b) the lawyer will be placed in a conflict-of- interest situation; or
(c) the lawyer is related to the potential adverse party, within the sixth degree of
consanguinity or affinity, or to the adverse counsel, within the fourth degree. ch an rob lesvirt u alawlib rary

An indigent is any person who has no money or property sufficient for food, shelter and
other basic necessities for oneself and one’s family.

Section 4. Standard of service. — A lawyer shall observe the same standard of

service for all clients, regardless of remuneration, except for the higher standard
required for representation of vulnerable persons.
CANON VI
ACCOUNTABILITY

By taking the Lawyer’s Oath, a lawyer becomes a guardian of the law and an
administrator of justice. As such, the lawyer shall observe the highest degree of
morality, adhere to rigid standards of mental fitness, and faithfully comply with the
rules of the legal profession.

Failure to honor this covenant makes the lawyer unfit to continue in the practice of law
and accountable to society, the courts, the legal profession, and the client.

Section 1. Nature of disciplinary proceedings against lawyers. — Disciplinary

proceedings against lawyers shall be confidential in character and summary in nature.

Nonetheless, the final order of the Supreme Court shall be published like its decisions
in other cases.

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.

Section 3. Contents of the complaint. — 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.

Section 4. List of Investigating Commissioners; qualifications. — 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. 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.

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.

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.

Section 5. Assignment by raffle of Investigating Commissioner. — 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.

Section 6. Complaint against a government lawyer. — 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 Courthas 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.

Section 7. Disqualification of Investigating Commissioner. — 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.

Section 8. Duties of the Investigating Commissioner. — 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.
Section 9. Submissions allowed; verification. — The only submissions allowed are
the complaint, answer, and position papers, all of which shall be verified.

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.

Section 10. Prohibited submissions. — The following submissions are prohibited: ch an rob lesvirt u alawlib rary

(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.
ch an rob lesvirt u alawlib rary

Section 11. Lack of prima facie showing of liability; outright dismissal. — 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.

Section 12. Effect of death of lawyer on administrative disciplinary cases. —

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.

Section 13. Issuance of summons. — 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.

Section 14. Verified answer. — The answer shall be verified and filed within thirty
(30) calendar days from receipt of the summons. 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.
Section 15. Dismissal after answer. — 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.

Section 16. Irrelevance of desistance, settlement, compromise, restitution,

withdrawal, or failure to prosecute. — 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.

Section 17. Counsel de oficio. — 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.

Section 18. Investigation. — 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.

The respondent shall be given full opportunity to defend and be heard, whether through
counsel or not, and to present witnesses.

The Investigating Commissioner shall have the power to issue subpoenae and
administer oaths and affirmations in relation to the conduct of the proceedings.

Section 19. Indirect contempt. — 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.

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.

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.
Section 20. Submission of preliminary conference briefs. — 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:
ch anrob lesvirt u alawlib rary

(a) Admissions;
(b) Stipulation of facts;
(c) Definition of issues;
(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. ch an rob lesvirtu alawlib rary

Section 21. Preliminary conference order; position papers. — 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.

The Investigating Commissioner shall further direct the parties to submit their verified
position papers within a non-extendible period of ten (10) calendar days from receipt of
the preliminary conference order.

Section 22. Clarificatory hearing. — 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.

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.

Section 23. Minutes of proceedings. — The proceedings before the IBP shall be
recorded.

Section 24. Non-appearance of parties. — Non-appearance at the clarificatory

hearing shall be deemed a waiver of the right to participate therein.
Section 25. Issuance of report and recommendation by the Investigating
Commissioner.— 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.

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.

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.

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.

Section 26. Submission of Resolution by the Board of Governors. – 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.

Section 27. Depositions. — Depositions may be taken in accordance with the Rules of
Civil Procedure, as amended, with leave of the Investigating Commissioner.

Section 28. Filing and service. — 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.

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.

Section 29. Substantial defects; motion to reopen. — 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.

Section 30. Proceedings initiated before the Supreme Court. — 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.

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.

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.

Section 33. Serious offenses. — Serious offenses include: ch an rob lesvirtu alawlib rary

(a) Gross misconduct, or any inexcusable, shameful or flagrant unlawful conduct;

(b) Serious dishonesty, fraud, or deceit, including falsification of documents and making
untruthful statements;
(c) Bribery or corruption;
(d) Gross negligence in the performance of duty, or conduct that is reckless and
inexcusable, which results in the client being deprived of his or her day in court;
(e) Conviction of a crime involving moral turpitude;
(f) 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;
(g) Misappropriating a client’s funds or properties;
(h) 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;
(i) Grossly undignified conduct prejudicial to the administration of justice;
(j) Sexual abuse;
(k) Gender-based sexual harassment or discrimination;
(l) Open defiance to any order of the court, tribunal, or other government agency;
(m) 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;
(n) Willful and deliberate forum shopping, and forum shopping through gross
negligence;
(o) Intentional violation of the rule on privileged communication;
(p) Violation of the notarial rules, except reportorial requirements, when attended by
bad faith;
(q) Intentional violation of the conflict of interest rules;
(r) 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;
(s) Unlawful discrimination under Canon V; and
(t) Sale, distribution, possession and/or use of illegal drugs or substances. ch an rob lesvirt u alawlib rary

Section 34. Less serious offenses. — Less serious offenses include: ch an rob lesvirt u alawlib rary

(a) Simple misconduct, or such misconduct without the manifest elements of

corruption, clear intent to violate the law or flagrant disregard of established rules;
(b) 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;
(c) 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;
(d) Simple dishonesty;
(e) Other violations of the conflict of interest rules;
(f) Prohibited borrowing of money from a client;
(g) Prohibited lending of money;
(h) Other unlawful threats;
(i) Instituting frivolous or baseless actions, on the basis of a final decision or order
dismissing such action for being frivolous or baseless;
(j) Violation of the sub judice rule;
(k) Deliberate failure or refusal to pay just debts;
(l) Termination of legal services absent good cause and written notice;
(m) Use of intemperate or offensive language before any court, tribunal, or other
government agency;
(n) Unjustifiable failure or refusal to render an accounting of the funds or properties of
a client;
(o) Unauthorized division of fees with a non- lawyer; and
(p) Other violations of reportorial requirements. ch an rob lesvirt u alawlib rary

Section 35. Light offenses. — Light offenses include: ch an rob lesvirt u alawlib rary

(a) Violation of IBP rules and issuances governing membership in the IBP;
(b) Use of vulgar or offensive language in personal dealings;
(c) 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;
(d) Filing of frivolous motions for inhibition;
(e) Failure to promptly call upon client to rectify a fraudulent act; or
(f) Other similar or analogous infractions of the CPRA. ch an rob lesvirt u alawlib rary

Section 36. Assisting in the commission of an offense. — 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.

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: ch an rob lesvirt u alawlib rary

(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. ch an rob lesvirt u alawlib rary

(b) If the respondent is found guilty of a less serious offense, any of the following
sanctions, or a combination thereof, shall be imposed: ch an rob lesvirt u alawlib rary\

(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. ch an rob lesvirt u alawlib rary

(c) If the respondent is found guilty of a light offense, any of the following sanctions
shall be imposed: ch an rob lesvirt u alawlib rary

(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.

Section 38. Modifying circumstances. — In determining the appropriate penalty to

be imposed, the Court may, in its discretion, appreciate the following mitigating and
aggravating circumstances: ch anrob lesvirt u alawlib rary

(a) Mitigating circumstances: ch an rob lesvirt u alawlib rary

(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. ch anrob lesvirt u alawlib rary

(b) Aggravating Circumstances: ch anrob lesvirt u alawlib rary

(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;
(8) Other analogous circumstances.

Section 39. Manner of imposition. — 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.

Section 40. Penalty for multiple offenses. — 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.

Section 41. Payment of fines and return of client’s money and property. —
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.

Section 42. Penalty when the respondent has been previously disbarred. —
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.

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.

Section 44. Confidentiality. — Proceedings against lawyers shall be confidential.

However, the final order of the Supreme Court shall be published like its decisions in
other cases.

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: ch an rob lesvirt u alawlib rary

(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.
ch an rob lesvirt u alawlib rary

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. Resumption of practice of law. – 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.

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:ch an rob lesvirt u alawlib rary

(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. ch an rob lesvirt u alawlib rary

Any of the following allegations may also be made in support of the petition: ch an rob lesvirt u alawlib rary

(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. ch anrob lesvirt u alawlib rary
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.

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: ch an rob lesvirt u alawlib rary

(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. ch an rob lesvirt u alawlib rary

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.

Section 53. Costs. — 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.
 GENERAL PROVISIONS

Section 1. Retroactive effect. — 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.

Section 2. Repealing clause. — 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.

Section 3. Effectivity clause. — The CPRA shall take effect on April 11, 2023 and shall
be published in the Official Gazette or in two newspapers of national circulation.

The Code of Professional Responsibility and Accountability (CPRA) was

published in the Philippine Star and Manila Bulletin on May 14, 2023. The CPRA
shall take effect 15 calendar days after its publication.