WHAT ARE THE ACTS TO WHICH THE PRIVATE COUNSEL FOR THE ACCUSED, THE PUBLIC ATTORNEY OR PROSECUTOR CAN BE MADE TO ANSWER FOR?
1. Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial;
2. Files a motion solely for delay which he knows is totally frivolous and without merit;
3. Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance; or
4. Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecutor
Sec. 8. Sanctions. – In any case in which private counsel for the accused, the public attorney, or the prosecutor:
(a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial;
(b) Files a motion solely for delay which he knows is totally frivolous and without merit;
(c) Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance; or
(d) Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecutor, as follows:
(1) By imposing on a counsel privately retained in connection with the defense of an accused, a fine not exceeding twenty thousand pesos (P20,000.00);
(2) By imposing on any appointed counsel de officio, public attorney, or prosecutor a fine not exceeding five thousand pesos (P5,000.00); and
(3) By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules.
