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Philippine Bar review · Question

Practice question: Preventive Suspension

Multiple Choice Hard

Practice question

A preventive-suspension motion is based solely on a demand to punish the respondent immediately, identifying no investigation, evidence or witness-protection need under Section 31. Counsel says the mere accusation makes the order mandatory. Which is best?
  1. Every complaint necessarily requires preventive suspension
  2. The Court must apply the provision’s preventive purposes and conditions rather than treat accusation as automatic grounds
  3. Preventive suspension always conclusively establishes guilt
  4. No preventive suspension can ever be ordered
  5. Private revenge is the expressly stated statutory objective

Legal references

  • CPRA, Canon VI Section 31: https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf

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