Motion to Lift Suspension

Republic of the Philippines

SUPREME COURT

Manila

EN BANC

PRESIDENT JOSEPH E. ESTRADA,

Petitioner,

                                                                         G.R. No. 159486-88

- versus -                                                       

HONORABLE SANDIGANBAYAN, et al.,

Respondents.

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Motion to Lift Suspension

The UNDERSIGNED COUNSEL respectfully avers before the Honorable Court that:

Resolution, dated November 25, 2003

1. Counsel was penalized with INDEFINITE SUSPENSION by the Honorable Court per the Resolution, dated November 25, 2003, the dispositive portion of which reads:

“WHEREFORE, Attorney Alan Paguia is hereby indefinitely suspended from the practice of law, effective upon his receipt hereof, for conduct unbecoming a lawyer and an officer of the Court.

Let copies of this resolution be furnished the Office of the Bar Confidant, the Integrated Bar of the Philippines and all courts of the land through the Office of the Court Administrator.

SO ORDERED.”

          2. What acts did the movant commit that led to his indefinite suspension? He made several public statements accusing the Justices of the Supreme Court of political partisanship when they swore in Vice President Gloria Arroyo as President, in substitution of President Joseph Estrada, during Edsa II, essentially upon his honest belief that such substitution is unconstitutional, considering the fact that President Estrada was not convicted in the impeachment case before the Senate.

Effects of suspension

          3. From November 25, 2003 up to this writing, more than five (5) years and two (2) months have passed. For the same period of time and running, movant has been effectively deprived of his professional source of livelihood.

          4. In spite of his suspension, he continued his personal support for legal aid cases involving indigents, public school teachers, and public interest causes.

          5. His suspension has strengthened his belief in the Filipino people, the Rule of Law, due process, equal protection, and the Supreme Court as the final dispenser of justice in this country. It has furthermore strengthened his belief in Almighty God as the ultimate source of justice.

Issue

6. WHETHER THE INDEFINITE SUSPENSION OF COUNSEL SHOULD CONTINUE?

Submission

          7. The movant respectfully submits a negative answer.

                   7.a The purpose of the suspension is to remind counsel of his duties as a lawyer and an officer of the Court. During the more than five (5) years and two (2) months of suspension, the purpose has been achieved.  There appears no more useful purpose to continue his suspension from the practice of law.

                   7.b Movant-counsel and his family have suffered enough.

7.c The imposition of disciplinary measures, such as the subject suspension, is founded, not on the vindictive, but on the preservative principle. Unless his suspension is lifted soon by the Honorable Court, his years of training in the Ateneo Law School, both as student and as professor, his experience as trial lawyer in mostly legal aid cases and public interest causes, and his belief in upholding the Rule of Law regardless of the consequences, may be adversely affected.  At 54 years of age, counsel continues to feel morally and professionally committed to help build a just and humane Filipino society.

Prayer

          WHEREFORE, it is respectfully prayed that the undersigned counsel’s INDEFINITE SUSPENSION from the practice of law be LIFTED.

          January 26, 2008.

ALAN F. PAGUIA

17 Dr. Lazcano Street

Quezon City

IBP Lifetime Member No. 717

ROA No. 32673

(Note: Affidavit of Service next page)

AFFIDAVIT OF SERVICE

I hereby certify that I sent today by registered mail a copy of the foregoing Motion to Lift Suspension to:

1. The HONORABLE SANDIGANBAYAN

Sandiganbayan Centennial Building

Commonwealth Avenue, cor. Batasan Road

Diliman, Quezon City

Registry Receipt No. __________

2. The OFFICE OF THE SPECIAL PROSECUTOR

5^th Floor, Sandiganbayan Centennial Building

Commonwealth Avenue, cor. Batasan Road

Diliman, Quezon City

Registry Receipt No. __________

3. The SOLICITOR GENERAL

134 Amorsolo Street

Legaspi Village, Makati City

Registry Receipt No. __________

4. JUDICIAL AND BAR COUNCIL

Supreme Court

Padre Faura Street

Manila

Registry Receipt No. __________

- with corresponding return cards, by depositing with the Roxas District Post Office, Roces Avenue, Quezon City the said document contained in an appropriate envelope addressed to the said office, with postage prepaid, duly sealed  with instruction to  the  Postmaster  to return  the  same to the sender in case the same remains unclaimed or undelivered within ten (10) days from posting. The original registry receipt is submitted with the original motion filed in court.

ALAN PAGUIA

Affiant

Republic of the Philippines)

Quezon City, Metro Manila) s. s.

Subscribed and sworn to before me this ______ day of January 2009 by ALAN F. PAGUIA, who is known to me personally with Integrated Bar of the Philippines (IBP) Lifetime Identification Card No. 717.

Doc. No. ______________;

Page No. ______________;

Book No. ______________;

Series of 2008.