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Philippine Bar review · Question

Practice question: Not Subject to Desistance or Compromise

Multiple Choice Hard

Practice question

A lawyer returns client funds and expresses genuine remorse. He argues that Section 38’s mitigation provision necessarily overrides Section 16 and requires dismissal. Which is best?
  1. Any mitigating circumstance automatically eliminates liability
  2. Mitigation in sanction assessment differs from termination of the investigation
  3. Repayment must always aggravate the offense
  4. Section 16 prohibits every Court consideration of remorse
  5. The client may privately set the final sanction

Legal references

  • CPRA, Canon VI Sections 16 and 38: https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf

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