OCA CIRCULAR NO.

44-2014

ALL JUDGES OF THE REGIONAL TRIAL

COURTS, SHARI'A DISTRICT COURTS,
M E T R O P O L I TA N TRIAL COURTS,
M U N I C I PA L TRIAL COURTS IN
CITIES, M U N I C I PA L TRIAL COURTS,
M U N I C I PA L CIRCUIT TRIAL COURTS
AND SHARrA CIRCUIT COURTS

SUBJECT : ORDER LIFTING THE SUSPENSION FROM

T H E P R A C T I C E O F L AW

C o n c e r n h a s b e e n b r o u g h t t o t h e a t t e n t i o n o f t h i s O f fi c e
as to whether the lifting of a lawyer's suspension from the
practice of law is automatic upon the end of the period stated
in the Court's decision. This is very crucial considering that
some practicing lawyers make their appearance to any trial
court immediately after the cessation of the period suspending
t h e m f r o m t h e p r a c t i c e o f l a w, w i t h o u t s e c u r i n g a n o r d e r f r o m
the Supreme Court lifting their suspension.

In the July 12, 2000 Resolution of the Court in A.C. No.

3 0 6 6 , J . K . M e r c a d o a n d S o n s A g r i c u l t u r a l E n t e r p r i s e s , I T t c . v.
D e Ve r a , a n d A . C . N o . 4 4 3 8 , D e Ve r a v. E n c a n t o , t h e n e c e s s i t y
of securing an order lifting the suspension from the practice of
law is expressly stated and quoted as follows:

Anent respondent's motion to lift his

suspension on the ground that he has already
complied with the directive of the Court to return to
complainant the money in his possession,
respondent might be reminded that his suspension
from the practice of law is for at least six (6)
months. The statement of the Court that his
suspension stands until he would have
satisfactorily shown his compliance with the
Court's resolution is a caveat that his suspension
 could thereby extend for more than six months.
The lifting of a lawyer's suspension is not
automatic upon the end of the period stated in
the Court's decision, and an order from the
Court lifting the suspension at the end of the
period is necessary in order to enable him to
resume the practice of his profession. (Emphasis
supplied.)

In view of the foregoing, all concerned are DIRECTED to

REQUIRE a lawyer who has been suspended from the practice
of law to present an order from the Supreme Court lifting
his/her suspension before he/she resumes the practice of
his/her profession.

Strict compliance is enjoined.

April 1, 2014

J ( ) S E ~ I I D A S P. M A R Q U E Z
~i~r t Administrato~