Practice question
A lawyer completes suspension and files the required sworn statement with the Supreme Court through the OBC. It truthfully includes the required declarations, receipt date, and affected engagements, and copies are furnished as required. No other suspension or restriction exists. A colleague says the lawyer must wait five years and obtain judicial clemency before resuming because every suspension is equivalent to disbarment. Which is correct?
- The colleague is correct because all suspensions remove the name from the Roll
- Section 46 allows resumption upon the required filing after service; the colleague confuses suspension with disbarment
- The lawyer must obtain the complainant's permission instead
- The sworn statement has no legal role
- Every suspended lawyer must repeat the Bar examinations
Legal references
- https://sc.judiciary.gov.ph/wp-content/uploads/2023/05/22-09-01-SC-FINAL.pdf — CPRA, Canon VI, sections 45–46.
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