G.R. No. A.C. No. 11032. January 10, 2023.
RE: ORDER DATED 01 OCTOBER 2015 IN CRIM. CASE NO. 15-318727-34, REGIONAL TRIAL COURT (RTC), BRANCH 49, MANILA, AGAINST ATTY. SEVERO L. BRILLANTES, RESPONDENT.

FACTS

Atty. Severo L. Brillantes was suspended from the practice of law for six months by the Supreme Court in a Resolution dated March 2, 2020, for violations of Canons 8 and 11 of the Code of Professional Responsibility. He received the Resolution on February 8, 2021. After serving the suspension period, he filed a “Manifestation with Motion to Lift Order Suspending Respondent from the Practice of Law,” alleging compliance by desisting from practice, notifying adverse parties and courts, and filing withdrawals of appearance, supported by email copies. He cited health problems and the economic burden of the suspension. The Office of the Bar Confidant (OBC) recommended lifting the suspension, noting he had served from February 8, 2021, to August 8, 2021. The OBC observed inconsistent interpretations of the guidelines in Maniago v. De Dias regarding requirements for lifting suspension—specifically, whether a sworn statement alone suffices or if additional certifications from courts and the IBP are necessary. The OBC recommended deeming a sworn statement sufficient, citing burdens from the COVID-19 pandemic and economic hardships on suspended lawyers.

ISSUE

Whether respondent’s submission of a sworn statement of compliance is sufficient for purposes of lifting a disciplinary order of suspension from the practice of law.

RULING

Yes. The Supreme Court clarified and set a uniform rule that for requests to lift suspension, submission of a sworn certification of service of suspension is sufficient compliance with the guidelines in Maniago v. De Dias. The Court adopted the OBC’s recommendation, noting that requiring additional certifications from IBP chapters and courts could prolong suspension unnecessarily, impose economic burdens, and pose health risks during the COVID-19 pandemic. The Court outlined procedural safeguards: suspension orders are furnished to the OBC, IBP, and Office of the Court Administrator for dissemination; upon expiration, the lawyer must file a Sworn Statement with the OBC attesting to desistance from practice and compliance; copies must be furnished to the local IBP chapter and relevant courts or quasi-judicial agencies; the order is automatically lifted upon submission of the Sworn Statement; while supporting certifications are not prohibited, non-submission does not hold requests in abeyance; and any false statement in the Sworn Statement is grounds for more severe punishment or disbarment. The Court lifted respondent’s suspension based on his sworn compliance.