Guidelines for lifting lawyer's suspension from practice

Date Published:
In Maniago v. De Dios,[1] the Supreme Court laid down the guidelines for lifting an order suspending a lawyer from the practice of law, to wit:
IN LIGHT OF THE FOREGOING, it is hereby RESOLVED that the following guidelines be observed in the matter of the lifting of an order suspending a lawyer from the practice of law:

1) After a finding that respondent lawyer must be suspended from the practice of law, the Court shall render a decision imposing the penalty;

2) Unless the Court explicitly states that the decision is immediately executory upon receipt thereof, respondent has 15 days within which to file a motion for reconsideration thereof. The denial of said motion shall render the decision final and executory;

3) Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension;

4) Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts where respondent has pending cases handled by him or her, and/or where he or she has appeared as counsel;

5) The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension;

6) Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for the imposition of a more severe punishment, or disbarment, as may be warranted.[1]

[1] A.C. No. 7472, 30 March 2010.