Section 1. How Instituted.

—
Proceedings for the
disbarment, suspension, or discipline of attorneys
may be taken by the

Supreme Court motu propio,

any person before the Supreme Court or (IBP).

The complaint shall state clearly and concisely the facts

complained of and shall be supported by

affidavits of persons having personal knowledge of the facts therein
alleged and/or by such documents as may
substantiate said facts.

The IBP shall forward to the Supreme Court for appropriate disposition all complaints for disbarment, suspension
and discipline filed against
incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or
against lawyers in the government
service, whether or not they are charged singly or
jointly with other respondents, and whether or not
such complaint deals with acts unrelated to the
discharge of their official functions.

If the complaint is filed before the IBP, six (6)

copies of the verified complaint shall be filed with
the Secretary of the IBP or the Secretary of any of
its chapter who shall forthwith transmit the same
to the IBP Board of Governors for assignment to an
investigator.

A. PROCEEDINGS IN THE INTEGRATED BAR

OF THE PHILIPPINES

Section 2. National Grievance Investigators. —

The Board of Governors shall appoint from among
IBP members an Investigator or, when special
circumstances so warrant, a panel of three (3)
investigators to investigate the complaint. All
Investigators shall take an oath of office in the form
prescribed by the Board of Governors. A copy of the
Investigator's appointment and oath shall be
transmitted to the Supreme Court.

An Investigator may be disqualified by reason of

relationship within the fourth degree of
consanguinity of affinity to any of the parties of
their counsel, pecuniary interest, personal bias, or
his having acted as counsel to his acting as such
Investigator. Where the Investigator does not
disqualify himself, a party may appeal to the IBP
Board of Governors, which by majority vote of the
members present, there being a quorum, may order
his disqualification.
Any Investigator may also be removed for cause,
after due hearing, by the vote of at least six (6)
members of the IBP Board of Governors. The
decision of the Board of Governors in all cases of
disqualification or removal shall be final.

Section 3. Duties of the National Grievance

Investigator. — The National Grievance
Investigators shall investigate all complaints
against members of the Integrated Bar referred to
them by the IBP Board of Governors.

Section 4. Chapter assistance to complainant.

— The proper IBP Chapter may assist the
complainant(s) in the preparation and filing of his
complaint(s).

Section 5. Service or dismissal, — If the

complaint appears to be meritorious, the
Investigator shall direct that a copy thereof be
served upon the respondent, requiring him to
answer the same within fifteen (15) days from the
date of service. If the complaint does not merit
action, or if the answer shows to the satisfaction of
the Investigator that the complaint is not
meritorious, the Investigator will recommend to the
Board of Governors the dismissal of the complaint.
Thereafter, the procedure in Section 12 of this Rule
shall apply.
No investigation shall be interrupted or terminated
by reason of the desistance, settlement,
compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute
the same, unless the Supreme Court motu propio or
upon recommendation of the IBP Board of
Governors, determines that there is no compelling
reason to continue with the disbarment or
suspension proceedings against the respondent.

(Amendment pursuant to Supreme Court

Resolution dated May 27,1993 re Bar Matter No.

Section 6. Verification and service of answer.

— The answer shall be verified. The original and
five (5) legible copies of the answer shall be filed
with the Investigator, with proof of service of a copy
thereof on the complainant or his counsel.

Section 7. Administrative counsel. ****—

The IBP
Board of Governors shall appoint a suitable
member of the Integrated Bar as counsel to assist
the complainant of the respondent during the
investigation in case of need for such assistance.

Section 8. Investigation. — Upon joinder of

issues or upon failure of the respondent to answer,
the Investigator shall, with deliberate speed,
proceed with the investigation of the case. He shall
have the power to issue subpoenas and administer
oaths. The respondent shall be given full
opportunity to defend himself, to present witnesses
on his behalf, and be heard by himself and counsel.
However, if upon reasonable notice, the respondent
fails to appear, the investigation shall proceed ex
parte.

The Investigator shall terminate the investigation

within three (3) months from the date of its
commencement, unless extended for good cause by
the Board of Governors upon prior application.
Willful failure or refusal to obey a subpoena or any
other lawful order issued by the Investigator shall
be dealt with as for indirect contempt of court. The
corresponding charge shall be filed by the
Investigator before the IBP Board of Governors
which shall require the alleged contemnor to show
cause within ten (10) days from notice. The IBP
Board of Governors may thereafter conduct
hearings, if necessary, in accordance with the
procedure set forth in this Rule for hearings before
the Investigator. Such hearing shall as far as
practicable be terminated within fifteen (15) days
from its commencement. Thereafter, the IBP Board
of Governors shall within a like period of fifteen
(15) days issue a resolution setting forth its findings
and recommendations, which shall forthwith be

transmitted to the Supreme Court for final action

and if warranted, the imposition of penalty.

Section 9. Depositions. —
Depositions may be
taken in accordance with the Rules of Court with
leave of the investigator(s).
Within the Philippines, depositions may be taken
before any member of the Board of Governors, the
President of any Chapter, or any officer authorized
by law to administer oaths.
Depositions may be taken outside the Philippines
before diplomatic or consular representative of the
Philippine Government or before any person
agreed upon by the parties or designated by the
Board of Governors.
Any suitable member of the Integrated Bar in the
place where a deposition shall be taken may be
designated by the Investigator to assist the
complainant or the respondent in taking a
deposition.

Section 10. Report of Investigator. —

Not later
than thirty (30) days from the termination of the
investigation, the Investigator shall submit a report
containing his findings of fact and
recommendations to the IBP Board of Governors,
together with the stenographic notes and the
transcript thereof, and all the evidence presented
during the investigation. The submission of the
report need not await the transcription of the
stenographic notes, it being sufficient that the
report reproduce substantially from the
Investigator's personal notes any relevant and
pertinent testimonies.

Section 11. Defects. —

No defect in a complaint,
notice, answer, or in the proceeding or the
Investigator's Report shall be considered as
substantial unless the Board of Governors, upon
considering the whole record, finds that such
defect has resulted or may result in a miscarriage
of justice, in which event the Board shall take such
remedial action as the circumstances may warrant,
including invalidation of the entire proceedings.

Section 12. Review and recommendation by the Board of Governors.

a) Every case heard by an investigator shall be
reviewed by the IBP Board of Governors upon the
record and evidence transmitted to it by the
Investigator with his report.
b) After its review, the Board, by the vote of a
majority of its total membership, shall recommend
to the Supreme Court the dismissal of the
complaint or the imposition of disciplinary action
against the respondent. The Board shall issue a
resolution setting forth its findings and
recommendations, clearly and distinctly stating the
facts and the reasons on which it is based. The
resolution shall be issued within a period not
exceeding thirty (30) days from the next meeting of
the Board following the submission of the
Investigator's report.
c) The Board's resolution, together with the entire
records and all evidence presented and submitted,
shall be transmitted to the Supreme Court for final
action within ten(10) days from issuance of the
resolution.
d) Notice of the resolution of the Board shall be
given to all parties through their counsel, if any.
B. PROCEEDINGS IN THE SUPREME COURT
Section 13. Investigation of complaints. — In
proceedings initiated by the Supreme Court, or in
other proceedings when the interest of justice so
requires, the Supreme Court may refer the case for
investigation to the Office of the Bar Confidant, or
to any officer of the Supreme Court or judge of a
lower court, in which case the investigation shall
proceed in the same manner provided in sections 6
to 11 hereof, save that the review of the report of
investigation shall be conducted directly by the
Supreme Court. The complaint may also be
referred to the IBP for investigation, report, and
recommendation.
Section 14. Report of the Solicitor General of
other Court-designated Investigator. — Based
upon the evidence adduced at the investigation, the

Solicitor General or other Investigator designated

by the Supreme Court shall submit to the Supreme
Court a report containing his findings of fact and
recommendations for the final action of the
Supreme Court.
C. COMMON PROVISIONS

Section 15. Suspension of attorney by

Supreme Court. — After receipt of respondent's
answer or lapse of the period therefor, the Supreme
Court, motu propio,or upon the recommendation of
the IBP Board of Governors, may suspend an
attorney from the practice of his profession for any
of the causes specified in Rule138, section 27,
during the pendency of the investigation until such
suspension is lifted by the Supreme Court.
Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial
Court.
1
The Court of Appeals or Regional Trial Court may
suspend an attorney from practice for any of the
causes named in Rule 138, Section 27, until further
action of the Supreme Court in the case.
Note: Rule 138, Section 27 provides that:
Section 27. Attorneys removed or suspended by Supreme
Court on what grounds. — A member of the bar may be
removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required to take
before the admission to practice, or for a wilfull disobedience
of any lawful order of a superior court, or for corruptly or
willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for
the purpose of gain, either personally or through paid agents
or brokers, constitutes malpractice.
Deceit
Malpractice (Practice of soliciting cases at law for the
purposes of gain)
Gross Misconduct in Office
Grossly Immoral Conduct
Conviction of a Crime Involving Moral Turpitude
Violation of Lawyer’s Oath

Section 17. Upon suspension by Court of Appeals or Regional Trial Court, further
proceedings in Supreme Court. —
Upon such
suspension, the Court of Appeals or a Regional Trial

Court shall forthwith transmit to the Supreme

Court a certified copy of the order of suspension
and a full statement of the facts upon which the
same was based. Upon receipt of such certified
copy and statement, the Supreme Court shall make
a full investigation of the case and may revoke,
shorten or extend the suspension, or disbar the
attorney as the facts may warrant.

Section 18. Confidentiality. — Proceedings

against attorneys shall be private and confidential.
However, the final order of the Supreme Court shall
be published like its decisions in other cases.

Section 19. Expenses. —

All reasonable and
necessary expenses incurred in relation to
disciplinary and disbarment proceedings are lawful
charges for which the parties may be taxed as
costs.

Section 20. Effectivity and Transitory Provision. —

This Rule shall take effect June 1,
1988 and shall supersede the present Rule 139
entitled "DISBARMENT OR SUSPENSION OF
ATTORNEYS". All cases pending investigation by
the Office of the Solicitor General shall be
transferred to the Integrated Bar of the Philippines
Board of Governors for investigation and
disposition as provided in this Rule except those
cases where the investigation has been
substantially completed.
Footnotes
1 This section and the following Section 17
supersede Section 9 of Rule 139.
2 The text of Rule 138, Section 27 reads: "SEC. 27.
Attorneys removed or suspended by the Supreme
Court on what grounds. — A member of the bar may
be removed or suspended from his office as
attorney by the Supreme Court for any deceit,
malpractice or other gross misconduct in such
office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or
for any violation of the oath which he is required to
take before admission to practice, or for a willful
disobedience of any lawful order of a superior
court, or for corruptly or willfully appearing as an
attorney for a party to a case without authority so

to do. The practice of soliciting cases at law for the

purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice.