Answer First
Primary Text
Sanctions. - In any case in which counsel for the accused, the public prosecution or public attorney:
(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he/she knows is totally frivolous and without merit;
(c) makes a statement for the purpose of obtaining continuance which he/she knows to be false and which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions of this Act, the court may, without prejudice to any appropriate criminal and/or administrative charges to be instituted by the proper party against the erring counsel if and when warranted, punish any such counsel or attorney, as follows:
(1) in the case of a counsel privately retained in connection with the defense of an accused, by imposing a fine not exceeding; fifty percent (50%) of the compensation to which he/she is entitled in connection with his/her defense of the accused;
(2) by imposing on any appointed counsel de officio or public prosecutor a fine not exceeding Ten thousand pesos (10,000.00); and
(3) by denying any defense counsel or public prosecutor the right to practice before the court considering the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be in addition to any other authority or power available to the court. The court shall follow the procedures established in the Rules of Court in punishing any counsel or public prosecutor pursuant to this section.
Use With Care
Definitions and exceptions often appear before or after this text.
Court decisions may interpret, limit, or apply this provision.
Confirm amendment, repeal, effectivity, and official publication.