AC 12443; (August, 2023) (Digest)
G.R. No. A.C. No. 12443, August 23, 2023
Bernaldo E. Valdez, Complainant, vs. Atty. Winston B. Hipe, Respondent.
FACTS
In a Decision dated March 14, 2022, Atty. Winston B. Hipe (respondent) was found guilty of violating the 2004 Rules on Notarial Practice. He was suspended from the practice of law for one month, his notarial commission was revoked, and he was disqualified from being commissioned as a notary public for one year. Respondent received a copy of this Decision on September 13, 2022, and subsequently refrained from practicing law. On February 17, 2023, he filed a Sworn Statement with the Office of the Bar Confidant (OBC) attesting to his compliance with the suspension order, attaching certifications from several Regional Trial Courts of Quezon City in support. The OBC recommended approval of the Sworn Statement and the lifting of his suspension, while noting his disqualification as a notary public should remain until its expiration. The OBC sought clarification on whether the mere filing of a sworn statement automatically lifts the suspension order without court confirmation, referencing the Court’s ruling in Re: Order Dated 01 October 2015… against Atty. Severo L. Brilliantes.
ISSUE
Whether the mere filing of a sworn statement of compliance automatically lifts the order of disciplinary suspension without the necessity of court confirmation.
RULING
Yes. The Court ruled that administrative suspension is lifted instantly upon the filing of a sworn statement of compliance, and the Court’s confirmation is not required. Reiterating the guidelines established in the Brilliantes case, the Court held that the order of suspension is automatically lifted upon the respondent lawyer’s submission of a Sworn Statement attesting to desistance from practice and compliance with the suspension directives. The resumption of law practice is likewise automatic. This process is intended to be speedy and efficient, avoiding undue extension of the suspension period. The Court tasked the OBC to note and record such filings. However, any false statement in the Sworn Statement would be a ground for more severe punishment or disbarment. In this case, the Court noted and approved respondent’s Sworn Statement, deeming him allowed to resume his practice of law effective February 17, 2023, the date of its filing, while his disqualification as a notary public remains until the end of its one-year period.