Case Digest (A.M. No. 97-2-53-RTC)
Facts:
Atty. Severo L. Brillantes, the respondent, faced administrative proceedings due to violations of Canons 8 and 11 of the Code of Professional Responsibility. On March 2, 2020, the Supreme Court issued a resolution imposing a six-month suspension on him, mandating that he serve his suspension immediately, report its commencement, and notify all relevant parties within five days. Respondent received the resolution on February 8, 2021, and the following day submitted a "Manifestation with Plea for Mercy," seeking to reduce his suspension to one month. His request was denied on June 14, 2021. Subsequently, Atty. Brillantes filed another motion to lift his suspension, asserting that he complied with the suspension order and had furnished notifications to the necessary parties regarding his suspension. He cited health issues and claimed that he had learned from this experience. The Office of the Bar Confidant (OBC) filed a Report and Recommendation on October 12, 2021, suggesting the ...Case Digest (A.M. No. 97-2-53-RTC)
Facts:
- Imposition of Suspension Order
- On 02 March 2020, the Court issued a Resolution finding respondent Atty. Severo Brillantes liable for violations of Canons 8 and 11 of the Code of Professional Responsibility.
- The Resolution imposed a six‑month suspension from the practice of law and directed that upon receipt of the Resolution, the respondent must:
- Immediately serve his suspension.
- File a formal manifestation to the Court within five (5) days, indicating that his suspension has commenced.
- Furnish copies of his manifestation to all courts, quasi‑judicial agencies where he appeared, and adverse parties in cases he was handling.
- Forward a copy of the Resolution to the Office of the Bar Confidant for inclusion in his personal record, as well as to the Integrated Bar of the Philippines (IBP) and the Office of the Court Administrator.
- Respondent’s Post‑Resolution Actions
- Receipt and Initial Response
- Respondent received the Court’s copy of the Resolution on 08 February 2021.
- On 09 February 2021, he filed a Manifestation with Plea for Mercy requesting that his suspension be reduced to one month only.
- Subsequent Developments
- The Court denied his plea for mercy in a Resolution dated 14 June 2021.
- Respondent then filed a Manifestation with Motion to Lift Order Suspending Respondent from the Practice of Law, alleging that he had desisted from legal practice after receiving the suspension order.
- In support of his motion, he claimed:
- Compliance with the requirement by furnishing all concerned adverse parties, courts, and quasi‑judicial agencies with copies of his Manifestation.
- Recommendation of the Office of the Bar Confidant (OBC)
- On 12 October 2021, the OBC submitted a Report and Recommendation suggesting the lifting of the suspension.
- Key Observations by the OBC:
- Respondent had served his six‑month suspension from 08 February 2021 to 08 August 2021.
- Although he failed to submit certifications from the courts and his IBP Chapter, his sworn statement attesting to his compliance should be deemed sufficient in line with the guidelines set forth in Maniago v. De Dias.
- There exists an inconsistency in practice: some suspended lawyers attach additional certifications while others rely solely on a sworn statement.
- The COVID‑19 pandemic has made it burdensome and risky, especially for senior citizens, to personally secure these certifications, imposing an economic burden on lawyers whose income depends mainly on the exercise of their profession.
Issues:
- Whether the submission of a sworn statement of compliance with the order of suspension is sufficient to lift a disciplinary suspension order without the need for additional certifications from courts or the IBP Chapter.
- How to reconcile the inconsistent implementation of the Maniago guidelines in light of practical difficulties, including those caused by the COVID‑19 pandemic, while safeguarding the integrity of the legal profession.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)