SC: Admin suspension of lawyers lifted instantly upon filing of sworn statement

The Supreme Court (SC) has clarified that a lawyer’s administrative suspension is instantly lifted once he or she files a sworn statement of compliance upon the expiration of the period of suspension.

“Administrative suspension is lifted instantly upon the filing of a sworn statement of compliance. The Court’s confirmation is not required,” the SC Special Second Division said in a seven-page resolution.

This stemmed from the request of the Office of the Bar Confidant (OBC) to clarify whether the mere filing of a sworn statement automatically lifts the order of suspension as it believed that the lifting of a suspension still requires court confirmation.

According to the SC, it previously ruled so to make the process of lifting disciplinary suspension efficient.

“Consistent with the Court's intent in Brilliantes to make the process of lifting disciplinary suspensions speedy and efficient, a suspended lawyer no longer needs to await the processing and granting of certificates of compliance from courts and quasi-judicial agencies,” the high court said.

Due to this, the SC said the resumption of the practice of law is also automatic.

“Lawyers should not be unduly deprived of the privilege and the benefits of practicing the profession once the objectives of the disciplinary sanction have been achieved by the lapse of the period of suspension,” it said.

“For this purpose, this Court tasks the OBC to carefully note and record the filings of such sworn statements of compliance,” it added.

But despite this, the SC warned against those who may submit false certifications or those who seek to exploit the process.

“Thus, We reiterate Our warning in Brilliantes that any finding or report contrary to the statements made by the respondent lawyer under oath shall be a ground for the imposition of a more severe punishment, or even disbarment, as may be warranted,” it said. —Joahna Lei Casilao/KBK, GMA Integrated News