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ARTICLE 184 OF THE REVISED PENAL CODE. Offering false testimony in evidence. - Any Section 8. Investigation.

ion 8. Investigation. — Upon joinder of issues or upon failure of the respondent to answer,
person who shall knowingly offer in evidence a false witness or testimony in any judicial or the Investigator shall, with deliberate speed, proceed with the investigation of the case. He
official proceeding, shall be punished as guilty of false testimony and shall suffer the shall have the power to issue subpoenas and administer oaths. The respondent shall be given
respective penalties provided in this section. 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
RULE 7 SECTION 5 OF RULES OF COURT. Certification against forum shopping. — The investigation shall proceed ex parte.
plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading The Investigator shall terminate the investigation within three (3) months from the date of its
asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed commencement, unless extended for good cause by the Board of Governors upon prior
therewith: (a) that he has not theretofore commenced any action or filed any claim involving application.
the same issues in any court, tribunal or quasi-judicial agency and, to the best of his Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigator
knowledge, no such other action or claim is pending therein; (b) if there is such other pending shall be dealt with as for indirect contempt of court. The corresponding charge shall be filed
action or claim, a complete statement of the present status thereof; and (c) if he should by the Investigator before the IBP Board of Governors which shall require the alleged
thereafter learn that the same or similar action or claim has been filed or is pending, he shall contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may
report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this
initiatory pleading has been filed. Rule for hearings before the Investigator. Such hearing shall as far as practicable be
Failure to comply with the foregoing requirements shall not be curable by mere amendment terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of
of the complaint or other initiatory pleading but shall be cause for the dismissal of the case Governors shall within a like period of fifteen (15) days issue a resolution setting forth its
without prejudice, unless otherwise provided, upon motion and after hearing. The submission findings and recommendations, which shall forthwith be transmitted to the Supreme Court for
of a false certification or non-compliance with any of the undertakings therein shall constitute final action and if warranted, the imposition of penalty.
indirect contempt of court, without prejudice to the corresponding administrative and criminal Section 9. Depositions. — Depositions may be taken in accordance with the Rules of Court
actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum with leave of the investigator(s).
shopping, the same shall be ground for summary dismissal with prejudice and shall constitute Within the Philippines, depositions may be taken before any member of the Board of
direct contempt, as well as a cause for administrative sanctions. (n) 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
RULE 122 SECTION 13 OF THE RULES OF COURT. Appointment of counsel de oficio for of the Philippine Government or before any person agreed upon by the parties or designated
accused on appeal. — It shall be the duty of the clerk of the trial court, upon filing of a notice by the Board of Governors.
of appeal, to ascertain from the appellant, if confined in prison, whether he desires the Any suitable member of the Integrated Bar in the place where a deposition shall be taken may
Regional Trial Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio to be designated by the Investigator to assist the complainant or the respondent in taking a
defend him and to transmit with the record on a form to be prepared by the clerk of court of deposition.
the appellate court, a certificate of compliance with this duty and of the response of the Section 10. Report of Investigator. — Not later than thirty (30) days from the termination of
appellant to his inquiry. (13a) 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
RULE 138 SECTION 26 OF THE RULES OF COURT. Change of attorneys. — An attorney the transcript thereof, and all the evidence presented during the investigation. The submission
may retire at any time from any action or special proceeding, by the written consent of his of the report need not await the transcription of the stenographic notes, it being sufficient that
client filed in court. He may also retire at any time from an action or special proceeding, without the report reproduce substantially from the Investigator's personal notes any relevant and
the consent of his client, should the court, on notice to the client and attorney, and on hearing, pertinent testimonies.
determine that he ought to be allowed to retire. In case of substitution, the name of the attorney Section 11. Defects. — No defect in a complaint, notice, answer, or in the proceeding or the
newly employed shall be entered on the docket of the court in place of the former one, and Investigator's Report shall be considered as substantial unless the Board of Governors, upon
written notice of the change shall be given to the advance party. considering the whole record, finds that such defect has resulted or may result in a miscarriage
A client may at any time dismiss his attorney or substitute another in his place, but if the of justice, in which event the Board shall take such remedial action as the circumstances may
contract between client and attorney has been reduced to writing and the dismissal of the warrant, including invalidation of the entire proceedings.
attorney was without justifiable cause, he shall be entitled to recover from the client the full Section 12. Review and decision by the Board of Governors.
compensation stipulated in the contract. However, the attorney may, in the discretion of the a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon
court, intervene in the case to protect his rights. For the payment of his compensation the the record and evidence transmitted to it by the Investigator with his report. The decision of
attorney shall have a lien upon all judgments for the payment of money, and executions issued the Board upon such review shall be in writing and shall clearly and distinctly state the facts
in pursuance of such judgment, rendered in the case wherein his services had been retained and the reasons on which it is based. It shall be promulgated within a period not exceeding
by the client. thirty (30) days from the next meeting of the Board following the submittal of the Investigator's
RULE 139-B Report.
Disbarment and Discipline of Attorneys b) If the Board, by the vote of a majority of its total membership, determines that the
Section 1. How Instituted. — Proceedings for the disbarment, suspension, or discipline of respondent should be suspended from the practice of law or disbarred, it shall issue a
attorneys may be taken by the Supreme Court motu propio, or by the Integrated Bar of the resolution setting forth its findings and recommendations which, together with the whole record
Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly of the case, shall forthwith be transmitted to the Supreme Court for final action.
and concisely the facts complained of and shall be supported by affidavits of persons having c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is
personal knowledge of the facts therein alleged and/or by such documents as may less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a
substantiate said facts. decision exonerating respondent or imposing such sanction. The case shall be deemed
The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a terminated unless upon petition of the complainant or other interested party filed with the
Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme
charges against erring attorneys including those in the government service. Court orders otherwise.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the d) Notice of the resolution or decision of the Board shall be given to all parties through their
Secretary of any of its chapter who shall forthwith transmit the same to the IBP Board of counsel. A copy of the same shall be transmitted to the Supreme Court.
Governors for assignment to an investigator. B. PROCEEDINGS IN THE SUPREME COURT
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES Section 13. Supreme Court Investigation. — In proceedings initiated motu propio by the
Section 2. National Grievance Investigators. — The Board of Governors shall appoint from Supreme Court or in other proceedings when the interest of justice so requires, the Supreme
among IBP members an Investigator or, when special circumstances so warrant, a panel of Court may refer the case for investigation to the Solicitor-General or to any officer of the
three (3) investigators to investigate the complaint. All Investigators shall take an oath of office Supreme Court or judge of a lower court, in which case the investigation shall proceed in the
in the form prescribed by the Board of Governors. A copy of the Investigator's appointment same manner provided in sections 6 to 11 hereof, save that the review of the report of
and oath shall be transmitted to the Supreme Court. investigation shall be conducted directly by the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of Section 14. Report of the Solicitor General of other Court-designated Investigator. — Based
consanguinity of affinity to any of the parties of their counsel, pecuniary interest, personal bias, upon the evidence adduced at the investigation, the Solicitor General or other Investigator
or his having acted as counsel to his acting as such Investigator. Where the Investigator does designated by the Supreme Court shall submit to the Supreme Court a report containing his
not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority findings of fact and recommendations for the final action of the Supreme Court.
vote of the members present, there being a quorum, may order his disqualification. C. COMMON PROVISIONS
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six Section 15. Suspension of attorney by Supreme Court. — After receipt of respondent's
(6) members of the IBP Board of Governors. The decision of the Board of Governors in all answer or lapse of the period therefor, the Supreme Court, motu propio, or at the instance of
cases of disqualification or removal shall be final. the IBP Board of Governors upon the recommendation of the Investigator, may suspend an
Section 3. Duties of the National Grievance Investigator. — The National Grievance attorney from the practice of his profession for any of the causes specified in Rule 138, Section
Investigators shall investigate all complaints against members of the Integrated Bar referred 27, during the pendency of the investigation until such suspension is lifted by the Supreme
to them by the IBP Board of Governors. Court.
Section 4. Chapter assistance to complainant. — The proper IBP Chapter may assist the Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court. 1 —
complainant(s) in the preparation and filing of his complaint(s). The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any
Section 5. Service or dismissal. — If the complaint appears to be meritorious, the Investigator of the causes named in Rule 138, Section 27 2, until further action of the Supreme Court in
shall direct that a copy thereof be served upon the respondent, requiring him to answer the the case.
same within fifteen (15) days from the date of service. If the complaint does not merit action, Section 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings
or if the answer shows to the satisfaction of the Investigator that the complaint is not in Supreme Court. — Upon such suspension, the Court of Appeals or a Regional Trial Court
meritorious, the same may be dismissed by the Board of Governors upon his shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and
recommendation. A copy of the resolution of dismissal shall be furnished the complainant and a full statement of the facts upon which the same was based. Upon receipt of such certified
the Supreme Court which may review the case motu propio or upon timely appeal of the copy and statement, the Supreme Court shall make a full investigation of the case and may
complainant filed within 15 days from notice of the dismissal of the complainant. revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.
No investigation shall be interrupted or terminated by reason of the desistance, settlement, Section 18. Confidentiality. — Proceedings against attorneys shall be private and confidential.
compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute However, the final order of the Supreme Court shall be published like its decisions in other
the same, unless the Supreme Court motu propio or upon recommendation of the IBP Board cases.
of Governors, determines that there is no compelling reason to continue with the disbarment Section 19. Expenses. — All reasonable and necessary expenses incurred in relation to
or suspension proceedings against the respondent. (Amendment pursuant to Supreme Court disciplinary and disbarment proceedings are lawfull charges for which the parties may be
Resolution dated May 27, 1993 re Bar Matter 356). taxed as costs.
Section 6. Verification and service of answer. — The answer shall be verified. The original Section 20. Effectivity and Transitory Provision. — This Rule shall take effect June 1, 1988
and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF
of a copy thereof on the complainant or his counsel. ATTORNEYS". All cases pending investigation by the Office of the Solicitor General shall be
Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a suitable transferred to the Integrated Bar of the Philippines Board of Governors for investigation and
member of the Integrated Bar as counsel to assist the complainant of the respondent during disposition as provided in this Rule except those cases where the investigation has been
the investigation in case of need for such assistance. substantially completed.