Valdez v. Hipe
REITERATIONFacts
The Antecedents: Respondent Atty. Winston B. Hipe was found guilty of violating the 2004 Rules on Notarial Practice and was suspended from the practice of law for one month, with his notarial commission revoked and disqualified from being commissioned as a notary public for one year. He was directed to file a Manifestation that his suspension had started. Procedural History: Respondent filed a Manifestation with Motion for Reconsideration praying for a reprimand instead of suspension. Subsequently, he filed a Sworn Statement dated 14 February 2023, alleging receipt of the Decision on 13 September 2022 and refraining from practice since then, attaching certifications from various Regional Trial Courts of Quezon City. The Petition: The Office of the Bar Confidant (OBC) recommended the approval of the Sworn Statement and lifting of suspension, noting that disqualification as notary public should remain until its expiry. The OBC sought clarification on whether the mere filing of a sworn statement automatically lifts the suspension, referencing the Court's ruling in Re: Order Dated 01 October 2015 in Crim. Case No. 15-318727-34, Regional Trial Court (RTC), Branch 49, Manila, against Atty. Severo L. Brilliantes (A.C. No. 11032, 10 January 2023) (Brilliantes).
Issue(s)
Whether the mere filing of a sworn statement of compliance automatically lifts the order of disciplinary suspension without the necessity of court confirmation. Whether respondent Atty. Winston B. Hipe's suspension should be lifted and whether he should be allowed to resume practice.
Ruling
The Court held that administrative suspension is lifted instantly upon the filing of a sworn statement of compliance. The Court's confirmation is not required. The Court noted and approved respondent Atty. Winston B. Hipe's Sworn Statement dated 14 February 2023, allowing him to resume his practice of law effective 17 February 2023. However, he remains disqualified as a notary public until the end of his one-year period.
Ratio Decidendi
On the issue of automatic lifting of suspension: The Court reiterated its ruling in Brilliantes, emphasizing the intent to make the process of lifting disciplinary suspension efficient. The Court acknowledged the burden and delay associated with securing certifications from various courts and agencies, especially during the pandemic. Thus, the Court modified its earlier ruling in Maniago v. De Dios by issuing new guidelines. These guidelines stipulate that the order of suspension shall be automatically lifted upon the submission by the respondent lawyer of a Sworn Statement of service of suspension. The Court clarified that the suspended lawyer no longer needs to await the processing and granting of certificates of compliance from courts and quasi-judicial agencies. The lifting of suspension should be reckoned from the time of filing the required sworn statement, and the resumption of practice is likewise deemed automatic. There is nothing in Brilliantes that requires the Court's confirmation before the suspension may be lifted or the practice of law allowed to resume. Lawyers should not be unduly deprived of their privilege to practice once the objectives of the disciplinary sanction have been achieved by the lapse of the period of suspension. The Court tasks the OBC to carefully note and record the filings of such sworn statements of compliance. The Court also warned that any finding or report contrary to the statements made by the respondent lawyer under oath shall be a ground for the imposition of a more severe punishment, or even disbarment, as may be warranted. On respondent's request to resume practice: The Court noted that respondent submitted a Sworn Statement attesting to his desistance from the practice of law for one month and attached sworn certifications from various trial courts corroborating his statement. Therefore, the Court agreed with the OBC that there is no reason to deny or delay respondent's request to resume his practice of law. The Court allowed him to resume practice effective on the date of filing the Sworn Statement, 17 February 2023, while maintaining his disqualification as a notary public until the end of his one-year period.
Main Doctrine
The administrative suspension of a lawyer from the practice of law is automatically lifted upon the filing of a sworn statement of compliance with the Office of the Bar Confidant, without the necessity of prior court confirmation.