LIABILITIES OF A LAWYER LIABILITY FOR DAMAGES Requisites 1. Attorney - client relationship 2. Want of reasonable care & diligence 3.

Injury sustained by client as proximate result thereof. Kinds of Damages 1. Nominal where client lost the litigation as a consequence of lawyer s gross omission or negligence. 2. Actual/compensator 3. Moral Dama!es !. Attorne "s #ees "Note: for nos. 2-! there should be showing that had the lawyer exercised due diligence client would ha#e succeeded in reco#ering from ad#erse party.$ Liability for Breach of Fiduciary Obligation %awyer holds his client s funds or property in trust for clients and is obliged to ma&e an accounting of such funds that come to his possession. Effect of Failure to Return Clients oney or !ro"erty #fter Demand 1. 'resumption that he misappropriated the same 2. (i#illy liable in fa#or of client 3. (riminal liability !. )dministrati#e liability Remedy of Client *eco#er property from lawyer together with its fruits+ subject to client s returning to his lawyer purchase price & legal interest. Li$elous Wor%s in &lea%in!s ) lawyer is exempted from liability for slander+ libel or otherwise defamatory+ published in course of judicial proceedings+ &RO'IDED statements are connected with+ rele#ant+ pertinent and material to cause in hand or subject of inquiry Test o# Rele(anc ,he matter to which the pri#ilege does not extend must be palpably wanting in relation to subject of contro#ersy+ that no reasonable man can doubt its rele#ancy or propriety. 'leadings should contain plain and concise statements of material facts and if pleader goes beyond requisites of law and alleges irrele#ant matter which is libelous+ he loses his pri#ilege and may be liable in separate suit. Lia$ilit #or )osts o# Suit $eneral Rule: %osing client and not the lawyer is liable for costs of suit in fa#or of pre#ailing party+ lawyer not being partylitigant. E%ce"tion& -here the lawyer insisted on client s patently unmeritorious case or interposed appeal to delay litigation or thwart prompt satisfaction of pre#ailing party s just and #alid claim+ court may adjudge lawyer to pay treble costs of suit. )RIMINAL LIABILITY ) lawyer may be held criminally liable if he commits any of the following. 1. (ausing prejudice to client thru malicious breach of professional duty or thru inexcusable negligence or ignorance.

2. *e#ealing

client s secrets learned in lawyer s professional capacity thru malicious breach of professional duty or inexcusable negligence or ignorance.

'"ecific #cts (hich ay Result to Criminal Liability 1. ) lawyer who has underta&en the defense of client or has recei#ed confidential information from said client in a case may be criminally liable for underta&ing defense of opposing party in same cause without consent of first client./)rt. 201+ *'(2 2. ) lawyer who shall &nowingly introduce in e#idence in any judicial proceeding or to the damage of another or who+ with intent to cause such damage+ shall use any false document may be held criminally liable therefor. [Art.172, RPC] 3. ) lawyer who misappropriates his client s funds may be held liable for estafa. )ONTEM&T OF )O*RT Nature 3t is exercised on preser#ati#e and not on #indicti#e principle and on correcti#e rather than the retaliatory idea of punishment+ for purposes that are impersonal. 3t is criminal in nature. ,he power to punish for contempt is inherent in all courts. 3t is essential in the obser#ance of order in judicial proceedings and to enforcement of judgment+ orders and writs. Kinds of Contem"t 1. Direct )ontempt consists of misbeha#ior in the presence of or so near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice 2. In%irect or )onstructi(e )ontempt one committed away from the court in#ol#ing disobedience of or resistance to a lawful writ+ process+ order+ judgment or command of the court+ or tending to belittle+ degrade+ obstruct+ interrupt or embarrass the court 3. )i(il )ontempt failure to do something ordered by the court which is for the benefit of a party !. )riminal )ontempt consists of any conduct directed against the authority or dignity of the court. #cts of a La(yer Constituting Contem"t 1. 4isbeha#ior as officer of court 2. 5isobedience or resistance to court order 3. )buse or interference with judicial proceedings !. 6bstruction in administration of justice 7. 4isleading courts 8. 4a&ing false allegation+ criticisms+ insults+ #eiled threats against the court 9. )iding in unauthori:ed practice of law "suspended or disbarred$ ;. <nlawful retention of client s funds 1. )d#ise client to commit contemptuous acts III+ BAR DIS)I&LINE &OWER TO DIS)I&LINE ERRANT LAWYERS 1. ,he Supreme )ourt has the full authority and power to "-)*5=$ a. Warn 1. Admonish 2. Reprimand

3. Suspend and !. Disbar a lawyer [Section 27, Rules 138, Rules of Court] 2. ,he )ourt o# Appeals and the Re!ional Trial )ourts are also empowered to "-)*=$ a. Warn b. Admonish c. Reprimand and d. Suspend an attorney who appears before them from the practice of law for any of the causes mentioned in =ection 29+ *ule 13; [Section 16, Rule 139-B]. Note& >ut they cannot disbar a lawyer.

1. 3t is itself due process of law.

Reason #or Ma/in! Dis$arment &rocee%in!s )on#i%ential ,o enable the =upreme (ourt to ma&e its in#estigation free from any extraneous influence or interference as well as to protect the personal and professional reputation of attorneys and judges from the baseless charges of disgruntled+ #indicti#e and irresponsible clients and litigants. / n Re: A!ist"#o, $7 P%il 668] GRO*NDS FOR S*S&ENSION OR DISBARMENT OF MEMBERS OF T0E BAR 1. <nder Rule 1234 Sec+ 56 of the *e#ised *ules of (ourt. a. Deceit- is a fraudulent and decepti#e misrepresentation+ artifice of de#ice used by one or more persons to decei#e and tric& another+ who is ignorant of the true facts to the prejudice and damage of the party imposed upon. ,here must be false representation as matter of fact. "@xample. 4isappropriation of client s fund$ b. Malpractice4 or ot7er !ross miscon%uct in o##ice8 any malfeasance or dereliction of duty committed by a lawyer. " &'"()le: Aailure of lawyer to appeal in allowing the period of appeal to lapse$ Le!al Malpractice8 consists of failure of an attorney to use such s&ill+ prudence and diligence as lawyers of ordinary s&ill and capacity commonly possess and exercise in the performance of tas&s which they underta&e+ and when such failure proximately causes damage+ it gi#es rise to an action in tort. [*"n *e+ Ben, -s. ."-i#, 126 SCRA 389] c. Grossl immoral con%uct8 that conduct which is willful+ flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. )ASE9 3n the case of Arci"," -s. /"ni0"n, [116 SCRA $91], mere intimacy between a lawyer and a woman with no impediment to marry each other #oluntarily cohabited and had two children+ is neither so corrupt as to constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary action against the man as a member of the bar. d. )on(iction o# a crime in(ol(in! moral turpitu%e "&'"()les: estafa+ bribery+ murder+ bigamy+ seduction+ abduction+ concubinage+ smuggling+ falsification of public document+ #iolation of >.'. 22$

FORMS OF DIS)I&LINARY MEAS*RES ,WARS - )D.

1. Warnin! an act or fact of putting one on his guard 2.

against an impending danger+ e#il consequences or penalties. A%monition a gentle or friendly reproof+ mild rebu&e+ warning or reminder+ counseling+ on a fault+ error or o#ersight+ an expression of authoritati#e ad#ice. Repriman% a public and formal censure or se#ere reproof+ administered to a person in fault by his superior officer or a body to which he belongs. Suspension temporary withholding of a lawyer s right to practice his profession as a lawyer for a certain period or for an indefinite period of time. a. 5efinite b. 3ndefinite qualified disbarment? lawyer determines for himself for how long or how short his suspension shall last by pro#ing to court that he is once again fit to resume practice of law. )ensure - 6fficial reprimand. Dis$arment - 3t is the act of the 'hilippine =upreme (ourt in withdrawing from an attorney the right to practice law. ,he name of the lawyer is stric&en out from the roll of attorneys.

3. !.

7. 8.

S*S&ENSION AND DISBARMENT Nature o# &rocee%in!s 1. NOT a ci#il action because there is no plaintiff and no respondent+ in#ol#es no pri#ate interest. ,he complainant is not a party and no interest in the outcome except as all citi:ens ha#e in proper administration of justice+ no redress for pri#ate grie#ance. 2. NOT a criminal prosecution because it is not meant as a punishment depri#ing him of source of li#elihood but rather to ensure that those who exercise the function should be competent+ honorable and reliable so that public may repose confidence in them. 3. S*I GENERIS+ it is a class of its own since it is neither ci#il nor criminal !. (onfidential in nature. 7. 5efense of double jeopardy is not a#ailable. 8. (an be initiated by the =( motu propio or by the 3>'. 3t can be initiated without a complaint? 9. (an proceed regardless of interest of the complainants? ;. 3mprescriptible?

e. 'iolation o# oat7 o# o##ice f. Will#ul %iso$e%ience o# an la:#ul or%er o# a superior court g. )orruptl or :ill#ull appearin! as an attorne #or a part to a case :it7out aut7orit to %o so+

2. )cquisition of an interest in the subject matter of the

litigation+ either though purchase or assignment )#rt* +,-+. Ci/il Code0

3. >reach of professional duty+ inexcusable negligence+

or ignorance+ or for the re#elation of the client s secrets )#rt* 123. Re/ised !enal Code0

!. *epresenting conflicting interests )#rt* 12-. Re/ised

!enal Code0

Groun%s #or %is$arment NOT E;)L*SI'E9 ,he statutory enumeration of the grounds for disbarment or suspension is not to be ta&en as a limitation on the general power of courts to suspend or disbar a lawyer. ,he inherent power of court o#er its officers cannot be restricted. [2uin,0" -s. Puno, A#(in. C"se 3o 398, 4e!. 28, 1967] ,he =upreme (ourt has disbarred or suspended lawyers for reasons not found in the statute as when their acts are contrary to honesty or good morals or do not approximate the highest degree of morality and integrity expected of the members of the bar. [St". /"ri" -s. *u"5on, A#(in. C"se 3o. 396, 6ul7 31, 1968]. <uantum o# E(i%ence Re=uire%. clear+ con#incing and satisfactory e#idence Bur%en o# &roo#. rests on the complainant+ the one who instituted the suit BREA)0 OF D*TIES OF A LAWYER Breac7 o# Duties to )ourt 1. O$structin! A%ministration o# >ustice constitutes misconduct and justifies disciplinary action against him and contempt of court. "&'"()le: Aorum shopping$ 2. Mislea%in! court &nowingly ma&ing false allegation in pleadings+ misquoting text of documents+ suppressing material facts 3. &re#errin! #alse c7ar!es filing or prosecuting false charges against another for his action is #iolati#e of duty to do falsehood nor consent to doing of any in court+ nor wittingly or willingly promote or sue any false+ groundless+ unlawful suit. Requisites a. (harges are fa&e b. %awyer &nows them to be so !. Intro%ucin! False E(i%ence it is a #iolation of oath to do no falsehood nor consent to doing of any in court. -hen false testimony is material to inquiry or rele#ant to issue+ it requires suspension or disbarment. 6n the other hand+ when the testimony is immaterial or irrele#ant and does not cause substantial prejudice+ it only warrants lesser sanction+ such as warning or reprimand 7. Will#ull %iso$e in! court or%ers lawyer may be punished for contempt and disciplined as officer of court. 8. *sin! (icious or %isrespect#ul lan!ua!e constitutes direct contempt? #iolation of oath and (ode of 'rofessional *esponsibility. 9. )ontinue to practice a#ter suspension constitutes gross misconduct and willful disregard of suspension order.

2. Emplo ment o# unla:#ul means 3. Deceit or misrepresentation

Requisites a. >ad faith on the part of the lawyer b. 4aterial damage to client !. Representin! a%(erse Interest an% re(ealin! client"s secrets 8 3f there is no written consent of client+ a lawyer may not represent conflicting interest. ,he fact that lawyer did not acquire confidential information from client nor use the same against the latter does not excuse him from responsibility. 7. &urc7ase client"s propert in liti!ation Requisites& a. %awyer is counsel for client at the time he acquired the property b. 'roperty is subject of litigation c. )cquires it by himself or through another d. )cquires property during pendency of litigation 8. Failin! to account or misappropriation o# client"s propert 8 presupposes fraudulent intent of lawyer. 3mmediate repayment by lawyer of client s money or property after demand but before institution by client of disbarment proceedings negate fraudulent intent. 3f the lawyer has a lien+ it cannot be used as an excuse for not ma&ing an accounting. 9. )ollectin! unreasona$le #ees - -here the law fixes the maximum amount which lawyer may charge client+ collection of more than what law allows constitutes malpractice. ;+ Actin! :it7out aut7orit - a lawyer can bind client without special power of attorney only on procedural matters 1. Will#ull appearin! :it7out $ein! retaine% -3t must be willful+ corrupt or contumacious in order that he may be held liable. Breac7 o# Duties to Bar a. *net7ical con%uct or unpro#essional con%uct - that which #iolates rules or ethical code of legal profession. b. De#amin! #ello: la: er <se of improper and objectionable language against another lawyer or accuse him wantonly and maliciously of a serious misconduct in the absence of reasonable cause constitutes misconduct. =trongly worded statements by a lawyer against opposing lawyer+ if justified by records+ may not justify disciplinary action against him. c+ Encroac7in! upon $usiness o# anot7er d. Solicitin! $usiness for purpose of gain+ personally or through paid agents is 4)%'*)(,3(@ and agreeing with non-lawyer to di#ide lawyer s fees paid by client or for solicitation by non-lawyer. e+ A%(ertisin! OT0ER GRO*NDS FOR DIS)I&LINE 1+ NON8&ROFESSIONAL MIS)OND*)T $eneral Rule: %awyer may not be suspended or disbarred for misconduct in his non-professional or pri#ate capacity+ E%ce"tion: -here such is so C*6== to show him to be morally unfit for office or unworthy of pri#ilege+ court may be justified in suspending or remo#ing him from the roll of attorneys.

Breac7 o# Duties to )lient 1. Ne!li!ence in per#ormance o# %uties Requisites to -arrant =uspension or 5isbarment. i. Begligence and carelessness which must be gross in character ii. (aused material prejudice to client Note& 4ere negligence without pecuniary damages justifies only reprimand or censure except when breach of duty to client is a gross #iolation of obligation to court.

5+ GROSS IMMORALITY8 AN A)T OF &ERSONAL IMMORALITY ON T0E &ART OF T0E LAWYER IN 0IS &RI'ATE RELATION WIT0 O&&OSITE SE; MAY &*T )0ARA)TER IN DO*BT+ B*T TO ?*STIFY S*S&ENSION OR DISBARMENT4 T0E A)T M*ST NOT ONLY BE IMMORAL4 IT M*ST BE GROSSLY IMMORAL+ , #B#4$#R 5'* !#6. Grossl Immoral )on%uct one so corrupt and false as to constitute criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. (ohabitation per se is not grossly immoral+ it depends on circumstances and it is not necessary that there be prior con#iction for offense before lawyer may be disciplined for gross immorality. 3f the e#idence is not sufficient to hold the lawyer liable for gross immorality+ he may still be reprimanded where e#idence shows failure on his part to comply with rigorous standards of conduct required from lawyers. 2+ )ON'I)TION OF )RIME IN'OL'ING MORAL T*R&IT*DE )ll crimes of which fraud or deceit is an element or those inherently contrary to rules of right conduct+ honesty or morality in ci#ili:ed community !. &ROMOTING TO 'IOLATE OR 'IOLATING &ENAL LAWS @+ MIS)OND*)T IN DIS)0ARGE OF OFFI)IAL D*TIES ) lawyer who holds a go#ernment office may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a go#ernment official. 3f the misconduct+ howe#er+ is in #iolation of the (ode of 'rofessional *esponsibility or of his oath as a lawyer or is of such a character as to affect his qualifications as a lawyer+ he may be subject to disciplinary action such as disbarment "(ollantes #s. *enomeron$. ,his rule does not apply to impeachable officials li&e =( Dustices+ 4embers of the (onstitutional (ommission and 6mbudsman because they can be remo#ed only by impeachment. A+ )OMMISSION OF FRA*D OR FALSE0OOD 6+ MIS)OND*)T AS NOTARY &*BLI) >y applying for ha#ing himself commissioned as notary public+ lawyer assumes duties in dual capacity+ the nonperformance of which be may be a ground for discipline as member of bar. OFFI)ERS A*T0ORIBED TO IN'ESTIGATE DISBARMENT )ASES 1. =upreme (ourt 2. 3ntegrated >ar of the 'hilippines "3>'$ through its (ommission on >ar 5iscipline or authori:ed in#estigators 3. 6ffice of the =olicitor Ceneral GRIE'AN)E &RO)ED*RE9 DISBARMENT4 S*S&ENSION4 AND DIS)I&LINE OF ATTORNEYS 7Rule +8-9B: 'roceedings for the disbarment+ suspension and discipline of attorneys may be ta&en. 1. by the =upreme (ourt motu proprio+ or+ 2. by the 3>' upon the #erified complaint of any person ,he 3>' >oard of Co#ernors may initiate and prosecute proper charges against erring attorneys including those in go#ernment. 1. motu propio or

upon referral by the =( or by a (hapter >oard of 6fficers or at the instance of any person. ,he complaint must be. 1. #erified? 2. state clearly and concisely the facts complained of? 3. supported by affida#its of persons ha#ing personal &nowledge of the facts therein alleged+ or by such documents as may substantiate it? !. six "8$ copies shall be filed with the =ecretary of 3>' or any of its (hapters.

2. 3.

O*TLINE OF DISBARMENT &RO)EEDING IN T0E IB& 7R;LE+8-9B: 1. ,he case shall be assigned to a Bational Crie#ance 3n#estigator where the >oard of Co#ernors shall appoint one from among 3>' members of three "3$ when special circumstances warrant? 2. 3f the complaint is meritorious+ the respondent shall be ser#ed with a copy requiring him to answer within 17 days from ser#ice? 3. ,he respondent shall file an answer containing six "8$ copies and shall #erify the same? after receipt of the answer or lapse of the period to do so+ the =upreme (ourt +may+ motu propio or at the instance of the 3>' >oard of Co#ernors+ upon recommendation by the 3n#estigator+ suspend an attorney from practice+ for any of the causes under *ule 13;+ =ec. 29+ during the pendency of the in#estigation? !. )fter joinder of the issues or failure to answer+ the respondent shall be gi#en full opportunity to defend himself. >ut if the respondent fails to appear to defend himself inspite of notice+ the in#estigator may proceed e' )"rte. ,he in#estigation shall be terminated within three "3$ months from commencement which period may be extended? 7. ,he 3n#estigator shall ma&e a report to the >oard of Co#ernors within 30 days from termination of the in#estigation which report shall contain his findings and recommendations together with the e#idence? 8. ,he >oard of Co#ernors shall ha#e the power to re#iew the decision of the 3n#estigator. 3ts decision shall be promulgated within a period not exceeding 30 days from the next meeting of the >oard following the submission of the report of the 3n#estigator. a. 3f the decision is a finding of guilt of the charges+ the 3>' >oard of Co#ernors shall issue a resolution setting forth its findings and recommendations which shall be transmitted to the =upreme (ourt for final action together with the record? b. 3f the decision is for exoneration+ or if the sanction is less than suspension or dismissal+ the >oard shall issue a decision exonerating the respondent or imposing a lesser sanction. ,he resolution exonerating the respondent shall be considered as terminating the case unless upon petition of the complainant or other interested party filed with the =upreme (ourt within 17 days from notice of the >oard s decision. &RO)ED*RE FOR DISBARMENT IN T0E S*&REME )O*RT 1. <pon the initiation of the complaint+ the =upreme (ourt may refer the case for in#estigation to the =olicitor Ceneral+ or any officer of the =upreme (ourt+ or judge of a lower court?

2.

3f referred+ the in#estigator shall proceed with the in#estigation and ma&e a report to the =upreme (ourt.

Rules in t7e Imposition o# &enalties a. n c"se of Sus)ension 5i#ision 1 year or less

Eowe#er+ the fact that a considerable length of time has lapsed from the date the misconduct too& place to date the complaint for disbarment was filed may indicate ulterior moti#e on the part of complainant or innocence on the part of respondent. MODIFYING )IR)*MSTAN)ES @xtent of disciplinary action depends on attendance of mitigating or aggra#ating circumstance. Miti!atin! )ircumstances 1. Cood faith 2. -ant of intention to commit wrong 3. %ac& of material damage to complainant !. 5esistance of complainant 7. Fouth and inexperience+ etc. A!!ra(atin! )ircumstances 1. )buse of authority or of attorneyclient relationship 2. =exual intercourse with a relati#e 3. (harge of gross immorality !. 're#ious dismissal as member of the bar EFFE)T OF E;E)*TI'E &ARDON 3f during the pendency of disbarment proceeding the respondent was granted executi#e pardon+ the dismissal of the case on that sole basis will depend on whether the executi#e pardon is absolute or conditional. 3f the pardon is absolute+ the disbarment case will be dismissed. Eowe#er+ if the executi#e pardon is conditional+ the disbarment case will not be dismissed on the basis thereof. )bsolute pardon by 'resident may wipe out con#iction as well as offense itself and the grant thereof in fa#or of a lawyer is a bar to a proceeding for disbarment against him based solely on commission of such offense. ,he reason is that the respondent lawyer+ after the absolute pardon+ is as guiltless and innocent as if he ne#er committed the offense at all. 3f absolute pardon is gi#en to lawyer after being disbarred for con#iction of crime+ it does not automatically entitle him to reinstatement to the bar. 3t must be shown by e#idence aside from absolute pardon that he is now a person of good moral character and fit and proper person to practice law. 3n case of a conditional pardon+ there will be a remission of unexpired period of sentence. EFFE)TS OF DEAT0 OF LAWYER D*RING &ENDEN)Y OF DIS)I&LINARY A)TION AGAINST 0IM 1. *enders action moot and academic 2. ">ut$ court may still resol#e case on the merit in order to clear publicly the name of the lawyer. ?*DGMENT DISMISSAL OF )ASE 3n the absence of con#incing or clearly preponderant e#idence+ disbarment case against him should be dismissed. Eowe#er+ the court can still impose conditions despite dismissal of disciplinary action against him+ if the facts so warrant and in the e#ent the lawyer fails to comply with such condition+ it may suspend or disbar him for disobedience of its order. S*S&ENSION OR DISBARMENT ) lawyer who has been suspended or disbarred cannot practice law without being held liable for contempt of court. ,he suspended lawyer may be disbarred for #iolation of

@n >anc exceeds 1 year

n c"se of 4ine 5i#ision '10+000 or less

b.

@n >anc '10+000 or more

c. d.
n c"se of !ot% Sus)ension "n# 4ine en banc if the suspension exceeds 1 year or the fine exceeds '10+ 000. n c"se of 2 or (ore sus)ensions ser#ice will be successi#e+ not simultaneous

In(esti!atin! ?u%!e )ANNOT %ismiss case )ASE9 ,he in#estigating judge s authority is only to in#estigate+ ma&e a report and recommendation on the case to be submitted to the =( for final determination. [9r"ci"no -s. Se!"sti"n, 231 SCRA $88] E##ect o# %esistance4 :it7%ra:al o# complaint or non8 appearance o# complainant in %is$arment procee%in!s ,he desistance or the withdrawal of the complainant of the charges against a judge does not depri#e the court the authority to proceed to determine the matter. Bor does it necessarily result in the dismissal of the complaint except when+ as a consequence of the withdrawal or desistance no e#idence is adduced to pro#e the charges. ,his rule is founded on the rationale that a disbarment proceeding is neither ci#il nor criminal but one prosecuted solely for the public interest. -hat is important is whether the charges against the respondent ha#e been duly pro#ed. "Note. ,he same principle applies to administrati#e charges against judges.$ Doctrine o# RES I&SA LO<*ITOR ,Ct7e t7in! spea/s #or itsel#D. )ASES9 ,his principle or doctrine applies to both judges and lawyers. Dudges had been dismissed from the ser#ice without need for a formal in#estigation because based on the records+ the gross misconduct or inefficiency of the judges clearly appears. [:7 -s. /erc"#o, 1$8 SCRA $67]. ,he same principle applies to lawyers. ,hus+ on the basis of the lawyer s comment or answer to a show-cause order of =(+ it appears that the lawyer has so conducted himself in a manner which exhibits his blatant disrespect to the court+ or his want of good moral character or his #iolation of the attorney s oath+ the lawyer may be suspended or disbarred without need of a trial-type proceeding. -hat counts is that the lawyer has been gi#en the opportunity to gi#e his side. [Pru#enti"l B"n+ -s. C"stro 1$$ SCRA 618] DEFENSES ,he purpose and nature of disbarment proceedings ma&e the number of defenses a#ailable in ci#il and criminal actions ina""licable in disciplinary proceedings. ,he =tatute of %imitations is not a defense in disciplinary proceedings nor does the fact the circumstance that facts set up as ground for disbarment constitute crime+ the prosecution for which in criminal action is barred by prescription+ preclude the disbarment proceeding.

the suspension order. =uch judgment does not prohibit pro se practice "Ceeslin #s. Ba#arro? 1;7 =(*)$. 3f the lawyer holds a go#ernment office which requires membership in the bar as an indispensable qualification+ he may be dismissed from said office "(ollantes #s. *enomeron? 200 =(*)$. REINSTATEMENT ,he =upreme (ourt has the exclusi#e authority to reinstate. ,his is based on its constitutional prerogati#e to promulgate rules on the admission of applicants to the practice of law. 'etitioner must pro#e that he is once again fit and proper person to practice law. ,he following must be ta&en into consideration. 1. the applicant s character and standing prior to disbarment? 2. the nature or character of misconduct for which he is disbarred? 3. his conduct subsequent to disbarment [Cui -s. Cui, 11 SCRA 7$$]; !. including his efficient go#ernment ser#ice [ n re A#ri"tico, 17 P%il 328] 7. the time that has elapsed between disbarment and the application for reinstatement and the circumstances that he has been sufficiently punished and disciplined [Pru#enti"l B"n+ -s. Ben<"(in 9reci", 192 SCRA 381] 8. applicant s appreciation of significance of his dereliction and his assurance that he now possesses the requisite probity and integrity? 9. fa#orable endorsement of the 3>'+ pleas of his lo#ed ones [=") *"n -s. S"!"n#"l, 171 SCRA 217]. ,he court may require applicant for reinstatement to enroll in and pass the required fourth year re#iew classes in a recogni:ed law school. [Cui -s. Cui, 11 SCRA 7$$; n re Rusi"n", $6 SCRA 281] ) pre#iously disbarred lawyer who is gi#en absolute pardon by the 'resident is not automatically reinstated+ he must still file a petition for reinstatement with the =(. )on%ition #or Reinstatement ) lawyer who has been suspended or disbarred may be reinstated when the =( is con#inced that he has already possessed the requisites of probity and integrity necessary to guarantee his worth to practice his profession. EFFE)TS OF REINSTATEMENT 1. *ecognition of moral rehabilitation and mental fitness to practice law? 2. %awyer shall be subject to same law+ rules and regulations as those applicable to any other lawyer? 3. %awyer must comply with the conditions imposed on his readmission