Practice question
A private lawyer dies before a proposed disciplinary complaint is instituted. The complainant seeks to commence the case solely to obtain a posthumous administrative penalty. What does Canon VI, Section 12 provide?
- Death always requires institution of a new disciplinary case
- The deceased lawyer must personally answer within 30 days
- Death transfers the professional penalty to the lawyer's children
- Disciplinary proceedings may not be instituted against a lawyer who has died
- Every possible civil claim is automatically extinguished
Legal references
- CPRA, A.M. No. 22-09-01-SC, Canon VI, Sections 1–3, 9 and 12 (official Court text circularized by the BIR): https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf
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