Augusto Navarro (Pan-Asia International Commodities, Inc.) v. Atty.

Rosendo Meneses III – Disbarment Case

– Atty. Augusto G. Navarro filed a complaint against Atty. Rosendo Meneses III on
behalf of Pan-Asia International Commodities, Inc. for alleged malpractice and
misconduct.
– Frankwell Management and Consultant, Inc. and Pan-Asia International
Commodities, Inc. retained Atty. Meneses for legal services.
– Atty. Meneses was entrusted with P50,000 to settle a case out of court but failed to
provide evidence of settlement.
– Repeated requests and written demands were ignored by Atty. Meneses.
– The Commission on Bar Discipline of the Integrated Bar of the Philippines initiated an
investigation.
– Atty. Meneses filed multiple extensions and a motion to dismiss, delaying
proceedings.
– The Commission allowed complainant’s evidence to be submitted ex parte due to Atty.
Meneses’ repeated absences.
– After further absence, the Commission considered the presentation of evidence
waived by the respondent.

Issue

– Whether Atty. Rosendo Meneses committed acts constituting malpractice and

misconduct.
– Whether complainant had the legal standing to initiate disbarment proceedings.

Malpractice and Misconduct: Atty. Meneses found guilty of gross violation of his oath by
failing to account for P50,000, constituting misappropriation.
– Legal Standing: The Court ruled complainant had the right to initiate proceedings
under Section 1 Rule 139-B, which allows disbarment complaints from any person.
CANON VI – ACCOUNTABILITY

By taking the Lawyer’s Oath, a lawyer becomes a guardian of the law and an
administrator of justice. As such, the lawyer shall observe the highest degree of morality,
adhere to rigid standards of mental fitness, and faithfully comply with the rules of the
legal profession.

Failure to honor this covenant makes the lawyer unfit to continue in the practice of law
and accountable to society, the courts, the legal profession, and the client.

SECTION 1. Nature of disciplinary proceedings against lawyers. –

Disciplinary proceedings against lawyers shall be confidential in character and summary
in nature.

Nonetheless, the final order of the Supreme Court shall be published like its decisions in
other cases.

SECTION 2. How instituted. – Proceedings for the disbarment, suspension, or

discipline of lawyers may be commenced by the Supreme Court on its own initiative, or
upon the filing of a verified complaint by the Board of Governors of the IBP, or by any
person, before the Supreme Court or the IBP. However, a verified complaint against a
government lawyer which seeks to discipline such lawyer as a member of the Bar shall
only be filed in the Supreme Court.

A verified complaint filed with the Supreme Court may be referred to the IBP for
investigation, report and recommendation, except when filed directly by the IBP, in
which case, the verified complaint shall be referred to the Office of the Bar Confidant or
such fact-finding body as may be designated.

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 judicial service, whether they are charged singly or
jointly with other respondents, and whether such complaint deals with acts unrelated to
the discharge of their official functions, shall be forwarded by the IBP to the Supreme
Court for appropriate disposition under Rule 140, as amended.
SECTION 3. Contents of the complaint. -The complaint shall be verified. It shall
state clearly and concisely the acts or omissions complained of and shall be supported
by judicial affidavits of the witnesses and such other documents in support thereof.

If the verified complaint is filed before the IBP, six (6) copies thereof shall be filed with
the Secretary of the IBP or the Secretary of any of its chapters, who shall forthwith
transmit the same to the IBP Board of Governors.

SECTION 4. List of Investigating Commissioners; qualifications. -The IBP

shall recommend to the Supreme Court one hundred fifty (150) lawyers in good
standing and repute, whom the IBP shall proportionately select from its nine (9)
regions. The IBP may periodically recommend the adjustment of the number of
Investigating Commissioners to the Supreme Court according to the existing caseload.

The list, with the curriculum vitae of the recommended lawyers, shall be submitted by
the IBP within a month from the effectivity of the Code.

Only those approved by the Supreme Court may be designated as Investigating

Commissioners, who shall serve for a term of three (3) years, unless sooner removed,
replaced or resigned.

An updated list shall be submitted by the IBP to the Supreme Court upon removal,
replacement, or resignation of a lawyer previously designated as Investigating
Commissioner by the Supreme Court.

All approved Investigating Commissioners shall take an oath of office in the form
prescribed by the IBP. A copy of the Investigating Commissioner’s appointment and
oath shall be transmitted to the Supreme Court.

SECTION 5. Assignment by raffle of Investigating Commissioner. – The IBP

Board of Governors shall assign by raffle an Investigating Commissioner from among
the lawyers approved by the Supreme Court in the list submitted by the IBP or, when
special circumstances so warrant, a panel of three (3) Investigating Commissioners, to
investigate the complaint.

SECTION 6. Complaint against a government lawyer. – When a complaint is

filed against a government lawyer, the Investigating Commissioner shall determine,
within five (5) calendar days from assignment by raffle, whether the concerned agency,
the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the
complaint touch upon the lawyer’s continuing obligations under the CPRA or if the
allegations, assuming them to be true, make the lawyer unfit to practice the profession,
then the Investigating Commissioner shall proceed with the case. Otherwise, the
Investigating Commissioner shall recommend that the complaint be dismissed.

SECTION 7. Disqualification of Investigating Commissioner. – An Investigating

Commissioner shall, on his or her own initiative or upon motion, recuse from acting as
such on the grounds of relationship within the fourth degree of consanguinity or affinity
with any of the parties or their counsel, professional legal relationship, pecuniary
interest, or where he or she has acted as counsel for either party, unless, in the last
instance, the parties sign and enter upon the record their written consent.

Where an Investigating Commissioner does not disqualify himself or herself, a party

may file the appropriate motion for disqualification before the IBP Board of Governors.
The IBP Board of Governors shall resolve the motion within five (5) calendar days from
receipt thereof. Upon vote of majority of the members present, there being a quorum,
the IBP Board of Governors shall order the disqualification and designate a replace of
the disqualified Investigating Commissioner. The decision of the IBP Board of
Governors on the disqualification shall be final.

SECTION 8. Duties of the Investigating Commissioner. -The Investigating

Commissioner shall investigate a complaint against any member of the Integrated Bar,
and thereafter submit a report embodying the recommended action to the IBP Board of
Governors, within a total period not exceeding one hundred eighty (180) calendar days,
from assignment by raffle.

SECTION 9. Submissions allowed; verification. – The only submissions allowed are

the complaint, answer, and position papers, all of which shall be verified.

A Certificate of Non-Forum Shopping shall accompany the verified complaint.

An unverified complaint shall be recommended for outright dismissal. An unverified

answer or position paper shall not be considered.

SECTION 10. Prohibited submissions. – The following submissions are prohibited:

(a) Motion to dismiss the complaint or petition, except on the ground of lack of
jurisdiction, litis pendentia or res judicata;

(b) Motion for a bill of particulars;

(c) Motion to reopen or for new trial;

(d) Petition for relief from judgment;

(e) Supplemental pleadings;

(f) Motion for reconsideration of a judgment on the merits, except a motion for
reconsideration of an interlocutory order or resolution.

SECTION 11. Lack of prima facie showing of liability; outright dismissal. –

Within fifteen (15) calendar days from assignment by raffle, if the Investigating
Commissioner finds no prima facie showing of liability, the Investigating Commissioner
shall recommend the outright dismissal of the complaint to the Supreme Court. The
Supreme Court may adopt the recommendation and dismiss the complaint outright.
Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct
further proceedings.

SECTION 12. Effect of death of lawyer on administrative disciplinary cases.

– Disciplinary proceedings may not be instituted against a lawyer who has died. If such
proceedings have been instituted notwithstanding the lawyer’s death, the administrative
case against said lawyer shall be dismissed.

The death of the lawyer during the pendency of the case shall cause its dismissal.

SECTION 13. Issuance of summons. – Within fifteen (15) calendar days from
assignment by raffle, the Investigating Commissioner shall issue the required summons,
attaching thereto a copy of the verified complaint and supporting documents, if any. The
summons shall require the respondent to file a verified answer.

SECTION 14. Verified answer. -The answer shall be verified and filed within thirty
(30) calendar days from receipt of the summons. The verified answer shall be
accompanied by judicial affidavits of the witnesses and such other documents in support
thereof.

The respondent may, upon motion, for good cause, be given one extension of fifteen (15)
calendar days to file the verified answer.

Two (2) copies of the verified answer shall be filed with the Investigating Commissioner,
with proof of service on the complainant or the latter’s counsel.

SECTION 15. Dismissal after answer. – If the Investigating Commissioner finds

that the complaint is not meritorious based on the verified answer, the Investigating
Commissioner shall recommend to the Supreme Court the dismissal of the complaint.
Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct
further proceedings.

SECTION 16. Irrelevance. of desistance, settlement, compromise,

restitution, withdrawal, or failure to prosecute. – 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.

SECTION 17. Counsel de officio. – The IBP Board of Governors shall appoint a
suitable member of the Integrated Bar as counsel de officio to assist the complainant or
the respondent during the investigation in case of need for such assistance.

SECTION 18. Investigation. – Upon joinder of issues or upon failure of the

respondent to answer, the Investigating Commissioner shall proceed with the
investigation of the case. However, if despite reasonable notice, the respondent fails to
file an answer or appear, the investigation shall proceed ex parte. In both instances, the
investigation shall proceed with dispatch.

The respondent shall be given full opportunity to defend and be heard, whether through
counsel or not, and to present witnesses.

The Investigating Commissioner shall have the power to issue subpoenae and
administer oaths and affirmations in relation to the conduct of the proceedings.
SECTION 19. Indirect contempt. – Willful failure or refusal to obey a subpoena or
any other lawful order issued by the Investigating Commissioner shall be dealt with as
indirect contempt of court. The Investigating Commissioner shall require the alleged
contemnor to show cause within ten (10) calendar days from notice. Upon receipt of the
compliance or lapse of the period to comply, the Investigating Commissioner may
conduct a hearing, if necessary, in accordance with the procedure set forth under Canon
VI, Section 22 for hearings before the Investigating Commissioner. Such hearing shall
be terminated within fifteen (15) calendar days from commencement. Thereafter, the
Investigating Commissioner shall submit a report and recommendation to the IBP
Board of Governors within a period of fifteen (15) calendar days from termination of the
contempt hearing.

Within thirty (30) calendar days from receipt of the Investigating Commissioner’s
report and recommendation on the contempt charge, the IBP Board of Governors,
through a Resolution, may either adopt, modify or disapprove the recommendation of
the Investigating Commissioner. The action of the IBP Board of Governors shall be
immediately executory.

The action of the IBP Board of Governors may be appealed to the Supreme Court. The
execution of the order of contempt shall not be suspended, unless a bond is filed by the
person adjudged in contempt, in an amount fixed by the IBP Board of Governors,
conditioned upon compliance with and performance of the final action in the contempt
case, if decided against the contemnor.

SECTION 20. Submission of preliminary conference briefs. – Immediately

upon receipt of the verified answer, the Investigating Commissioner shall send a notice
to the parties and counsels to simultaneously file, within a non-extendible period often
(10) calendar days from receipt of the notice, their respective preliminary conference
briefs which shall contain the following:

(a) Admissions;

(b) Stipulation of facts;

(c) Definition of issues;

(d) Judicial affidavits and marked exhibits, accompanied by the lawyer’s certification
that the attached documents are the genuine or faithful reproductions of the original in
his or her custody or possession;

(e) Such other matters as may aid in the prompt disposition of the action.

SECTION 21. Preliminary conference order; position papers. Within ten (10)
calendar days from receipt of the preliminary conference briefs, the Investigating
Commissioner shall issue a Preliminary Conference Order, on the basis of such briefs
submitted by the parties and counsels, summarizing the stipulated facts, issues and
marked exhibits.

The Investigating Commissioner shall further direct the parties to submit their verified
position papers within a non-extendible period of ten (10) calendar days from receipt of
the preliminary conference order.

SECTION 22. Clarificatory hearing. – Within ten (10) calendar days from receipt
of the last position paper, the Investigating Commissioner shall determine whether
there is a need to conduct a hearing to clarify factual issues and confront witnesses.

If deemed necessary, the Investigating Commissioner shall set the hearing within fifteen
(15) calendar days from such determination, and identify the factual issues to be made
subject of the hearing.

The Investigating Commissioner may subpoena any witness to appear at the hearing to
answer clarificatory questions. Thereafter, the Investigating Commissioner may allow
the parties to confront the witnesses and propound their own clarificatory questions on
the factual issues identified by the Investigating Commissioner.

The clarificatory hearing may be done in-person or through videoconferencing. If it is

conducted in-person, the clarificatory hearing shall be done at the most convenient
venue for the parties.

The clarificatory hearing shall be terminated within thirty (30) calendar days from its
commencement.
SECTION 23. Minutes of proceedings. – The proceedings before the IBP shall be
recorded.

SECTION 24. Non- Appearance of parties. – Non- Appearance at the clarificatory

hearing shall be deemed a waiver of the right to participate therein.

SECTION 25. Issuance of report and recommendation by the Investigating

Commissioner. – If there is no clarificatory hearing, the Investigating Commissioner
shall render a report and recommendation and submit the same to the IBP Board of
Governors within a non­extendible period of sixty (60) calendar days from receipt of the
last position paper or lapse of the period given.

In case the Investigating Commissioner sets a clarificatory hearing, the report and
recommendation shall be rendered and submitted to the IBP Board of Governors within
a non-extendible period of thirty (30) calendar days from the termination of the
hearing.

The report and recommendation shall be accompanied by the duly certified transcript of
stenographic notes, or in lieu thereof, the audio recording, if any, or the Investigating
Commissioner’s personal notes duly signed, which should be attached to the records,
together with 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 Investigating Commissioner’s personal
notes any relevant and pertinent testimonies.

If the hearing is conducted through videoconferencing, the proceedings shall be

recorded by the Investigating Commissioner. It shall form part of the records of the
case, appending thereto relevant electronic documents taken up or issued during the
hearing.

SECTION 26. Submission of resolution by the Board of Governors. – The IBP

Board of Governors shall have a non-extendible period of ninety (90) calendar days
from receipt of the Report and Recommendation of the Investigating Commissioner,
within which to submit to the Supreme Court its Resolution adopting, modifying or
disapproving such Report and Recommendation.
SECTION 27. Depositions. – Depositions may be taken in accordance with the Rules
of Civil Procedure, as amended, with leave of the Investigating Commissioner.

SECTION 28. Filing and service. – The filing and the service of papers or notices
required by this Canon shall be made with the Commission, or upon the parties
personally, by registered mail, accredited courier, electronic mail or other electronic
means, or as provided for in international conventions to which the Philippines is a
party.

For this purpose, the office address and the electronic mail address supplied by the
lawyer to the IBP shall be the official addresses to which all notices, orders and
processes shall be served.

Proof of filing and service shall be submitted in accordance with the Rules of Civil
Procedure, as amended.
SECTION 12. Effect of death of lawyer on administrative disciplinary cases.
– Disciplinary proceedings may not be instituted against a lawyer who has died. If such
proceedings have been instituted notwithstanding the lawyer’s death, the administrative
case against said lawyer shall be dismissed.

The death of the lawyer during the pendency of the case shall cause its dismissal.

SECTION 13. Issuance of summons. – Within fifteen (15) calendar days from
assignment by raffle, the Investigating Commissioner shall issue the required summons,
attaching thereto a copy of the verified complaint and supporting documents, if any. The
summons shall require the respondent to file a verified answer.

SECTION 14. Verified answer. -The answer shall be verified and filed within thirty
(30) calendar days from receipt of the summons. The verified answer shall be
accompanied by judicial affidavits of the witnesses and such other documents in support
thereof.

The respondent may, upon motion, for good cause, be given one extension of fifteen (15)
calendar days to file the verified answer.

Two (2) copies of the verified answer shall be filed with the Investigating Commissioner,
with proof of service on the complainant or the latter’s counsel.

SECTION 15. Dismissal after answer. – If the Investigating Commissioner finds

that the complaint is not meritorious based on the verified answer, the Investigating
Commissioner shall recommend to the Supreme Court the dismissal of the complaint.
Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct
further proceedings.