Under Resolution dated November 12, 2023, the Supreme Court found Atty. X liable for breach of the sub judice rule and imposed on him the penalty of suspension from the practice of law for six months, effective immediately. On May 20, 2024, Atty. X submitted to the Supreme Court a sworn statement declaring, among others, that he desisted from the practice of law during his six-month suspension beginning November 12, 2023 when he received the Resolution until May 12, 2024. May Atty. X resume his practice of law? Reason(s).
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Yes, Atty. X may resume his practice of law. Under Sections 45 and 46, Canon VI of the Code of Professional Responsibility and Accountability, a suspended lawyer must file a Sworn Statement with the Supreme Court, through the Office of
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May Atty. X resume his practice of law after submitting his sworn statement of compliance?
Under the CPRA, filing a sworn statement of compliance upon the expiration of the suspension allows the lawyer to resume practicing law.
Under Canon VI of the Code of Professional Responsibility and Accountability, what must a suspended lawyer file to resume practicing law?
Sections 45 and 46, Canon VI of the CPRA require a suspended lawyer to submit a sworn statement of compliance to resume practice.
To which office must a suspended lawyer submit the sworn statement of compliance under the CPRA?
The CPRA specifies that the sworn statement of compliance must be filed with the Supreme Court through the Office of the Bar Confidant.
When does a court-imposed suspension from the practice of law take effect for a disciplined attorney?
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What is the primary purpose of the sub judice rule in legal ethics?
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1. Resumption of Practice
Under Sections 45 and 46, Canon VI of the Code of Professional Responsibility and Accountability (CPRA), a lawyer suspended from the practice of law does not automatically resume practice upon the expiration of the penalty period. Instead, the lawyer must submit a Sworn Statement to the Supreme Court, through the Office of the Bar Confidant, confirming full compliance with the suspension order. Filing this Sworn Statement serves as proof of compliance, enabling the attorney to resume law practice without requiring a formal court order lifting the suspension.
2. Sub Judice Rule
The sub judice rule restricts comments and disclosures regarding pending judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice. Violating the sub judice rule constitutes a breach of professional ethics, subjecting the attorney to disciplinary sanctions under Canon VI of the CPRA. When a lawyer serves a court-imposed suspension for breaching this rule, full adherence to both the desistance period and post-suspension administrative filing requirements is necessary to restore the privilege to practice law.
3. Effectivity of Suspension
Under the guidelines governing lawyer discipline in the CPRA, the suspension period commences upon the lawyer's receipt of the Supreme Court's resolution imposing the penalty. Upon the expiration of the specified duration, the suspended lawyer must immediately cease desistance and execute a sworn statement attesting that no legal practice was undertaken during the suspension. Once the sworn statement is filed with the Bar Confidant and served on relevant courts and the Integrated Bar of the Philippines, the suspension is considered lifted.