17/05/2026
SUPREME COURT: LAWYER’S VOLUNTARY CESSATION FROM PRACTICE CANNOT BE COUNTED AS SERVED SUSPENSION PERIOD
The Supreme Court (SC) held that a suspension from the practice of law takes effect exclusively upon the erring lawyer’s receipt of the high court’s decision imposing the penalty, noting that a lawyer’s unilateral or voluntary cessation from practice prior to the issuance of the actual resolution has no legal effect and cannot be credited as time served.
In a 7-page decision penned by Associate Justice Henri Jean Paul Inting, the SC en banc denied the bid of Atty. Jose B. Guibone is seeking to have his alleged voluntary cessation from the practice of law before the issuance of the suspension order credited as service of the penalty of suspension from the practice of law.
The case stemmed from an administrative complaint filed by Andy Dela Victoria Canonoy and his siblings against Atty. Guibone for notarizing a falsified extrajudicial settlement and partition of estate dated September 22, 2015. The heirs proved they never appeared before him and that their signatures were forged, as they were in completely different locations in the Philippines and abroad at the time.
The investigation revealed that Atty. Guibone maintained multiple notarial offices, allowed his staff to sign documents for him, used multiple notarial seals, and notarized documents using only a community tax certificate—acts he fully admitted to on the online platform Shopee.
On February 25, 2025, the Supreme Court En Banc found him guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility and Accountability (CPRA). He was meted a total of two years of suspension from the practice of law (one year for the notarial violations and another year for making untruthful statements in an affidavit), a fine of ₱100,001.00, and a two-year disqualification from being a notary public. He received this resolution on May 13, 2025.
Atty. Guibone filed a manifestation praying that he be allowed to resume his legal practice on January 30, 2026. He argued that his suspension should be deemed to have run from January 30, 2024, because he had voluntarily ceased practicing law on that date upon receiving a notice of resolution from the Integrated Bar of the Philippines (IBP).
The complainant opposed this, noting that Atty. Guibone actually continued practicing law in 2024 and 2025 as a legal officer for the Department of Education.
In denying the plea of Atty. Guibone, the high court ruled that the service of a suspension cannot be backdated or reckoned from an erring lawyer's unilateral choice. It noted that resolutions issued by the IBP are purely recommendatory and carry no final legal weight until affirmed by the Supreme Court.
The SC explained that Atty. Guibone's suspension only officially began on May 13, 2025—the day he received the court's actual final resolution. Because he has not fully served his two-year suspension, his request to resume practice was denied. It underscored that the start of a penalty cannot be left to the convenience or discretion of the errant attorney.
"Moreover, the lifting of a suspension from the practice of law is not automatic. It is effected only upon the lawyer's submission of a sworn statement of compliance, attesting that the full period of suspension has been served and that the lawyer has desisted from the practice of law during the entire duration thereof. Absent compliance with these requirements, the lawyer remains suspended," the Supreme Court said.
"In view of the foregoing, respondent has not yet fully served the penalty of suspension imposed by the Court. His manifestation seeking to resume the practice of law on January 30, 2026, therefore, lacks basis," it concluded.