Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

Atty. Kai Dela Cruz, a member of the Philippine Bar, is the subject of a verified administrative complaint arising from alleged misappropriation of client funds and serious trust-account irregularities. The Supreme Court, acting through the Office of the Bar Discipline, issues an order of preventive suspension under Sec. 31, Canon VI CPRA, effective immediately for six months, prohibiting him from practicing law or appearing before any court and directing him to surrender his certificate of enrollment. The order notes that Kai was given notice and a brief opportunity to respond, but no full hearing was conducted before the suspension. After two months, the disciplinary panel recommends disbarment. Kai challenges the order as lacking due process. (a) Identify the controlling rule on preventive suspension under Sec. 31, including its purpose and scope. (b) Distinguish preventive suspension from final disbarment and from ordinary suspension, and outline the due process requirements that must attend Sec. 31 orders. (c) Apply the rule to Kai’s case: Was the six-month preventive suspension proper under the facts presented? If not, what defects exist and what remedies are available to Kai to challenge or lift the suspension?

Choose the Best Answer

Clara

Hello