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Philippine Bar review · Question

Practice question: Institution of Bar Discipline Proceedings

Multiple Choice Hard

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?
  1. Death always requires institution of a new disciplinary case
  2. The deceased lawyer must personally answer within 30 days
  3. Death transfers the professional penalty to the lawyer's children
  4. Disciplinary proceedings may not be instituted against a lawyer who has died
  5. 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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