CHAPTER XVII

PROCEDURE FOR DISCIPLINE

AND REINSTATEMENT

FRANCISCO, Mitz Zaidonn M.

Doctor of Jurisprudence
UB LAW Lipa
 Effects of Suspension or Disbarment

A lawyer who has been disbarred or one who has been

suspended from practice cannot practice law without
being held liable for contempt of court.

However, the suspended or disbarred lawyer may appear

as counsel for himself, the same not being practice of law
but the exercise of the right, enjoyed by any person, to
defend or prosecute his cause.

The disbarment of a lawyer who holds a government office

which requires membership in the bar as an indispensable
qualification will justify his dismissal from such office.
This rule does not apply to impeachable officials
 Effects of Suspension or Disbarment

The judgment of suspension or disbarment is always

subject to change or modification by the court,
regardless of the period that has lapsed.

The court may, at any time, when justice so warrants,

modify the penalty of disbarment to:
one of suspension
lift the order of suspension
reinstatement
 Reinstatement

The SUPREME COURT has the exclusive authority to

reinstate a disbarred or indefinitely suspended lawyer to the
office of attorney-at-law.

The Courts authority to reinstate stems from its constitutional

prerogative to issue rules and regulations concerning the
admission to the practice of law.

In the sense that a lawyer who has been disbarred or

independently suspended may be reinstated to the practice of
law, such judgment does not become final notwithstanding
the lapse of several years from its promulgation, as it may be
reopened or reconsidered by the Supreme Court upon proper
Petition and satisfactory evidence.
 Matters taken into account

In a Petition for Reinstatement, applicant must:

allege and prove that he is of such good character acquired
through positive efforts, honorable dealings and moral
reformation as to be a fit and proper person to practice law; and
possess such mental qualifications as to enable him to discharge
his duties properly.

The Court has the sound discretion to determine whether an

applicant will be reinstated and shall take into consideration
the applicants character and standing prior to the
disbarment, the nature and character of the misconduct, his
conduct subsequent to disbarment, the time that has lapsed
the disbarment and application for reinstatement, and the
circumstance that has been sufficiently punished and
disciplined.
 Matters taken into account

The court will also take into account the applicants

appreciation of the significance of his dereliction and his
assurance that he now possesses the requisite probity
and integrity necessary that he is worthy to be restored
to the practice of law; as well as the favorable
endorsement of the IBP as well as local government
officials and citizens of his community and the pleas of
his loved ones.

The SOLE OBJECT of the Court is to determine whether

or not the applicant has satisfied and convinced the
court by positive evidence that the effort he has made
toward the rehabilitation of his character has been
successful.
 Matters taken into account

The restoration to the position of attorney-at-law should

only come when he has lived long enough after his
disbarment in honorable intercourse with his fellow
citizens to demonstrate that he is both tried and true.

An Absolute Pardon extended to a lawyer after his

disbarment will not automatically entitle him to
reinstatement. He should still show that:
he is now a good person of moral character, and
a fit and proper person to practice law.

The court, in reinstating a lawyer, may impose certain

conditions on his re-admission.
 Effect of Reinstatement

The reinstatement of a disbarred or indefinitely

suspended lawyer to the office of attorney-at-law is a
recognition of his moral rehabilitation and mental
fitness to practice law.

The applicant will thereafter be subject to the same

law, rules ad regulations as to those applicable to any
other lawyer and shall moreover comply with the
conditions, if any, imposed on his re-admission.
THANK YOU!