Fariola, Lea Gabrielle M.

– M7

Assignment 3: Discuss the procedure on the conduct of administrative investigation of lawyers

Disbarment and discipline of attorneys are provided for in Rule 139-B of the Rules of
Court. Proceedings in the Integrated Bar of the Philippines (IBP) and in the Supreme Court. Such
proceedings shall be initiated by Supreme Court motu propio or by the IBP upon a verified
complaint. The verified complaint must be filed in six copies with the Secretary of the IBP or
Secretary of any of its chapter who will transmit such to the IBP Board of Governance in order to
assign an investigator.

From the receipt of the verified complaint, the IBP Board of Governors shall appoint a
panel of three investigators chosen among the IBP members. These investigators will be required
to take an oath of office and a copy of the oath shall be transmitted to the Supreme Court. These
investigators shall be referred to as National Grievances Investigators and they shall be the ones
to investigate all complaints against members of the Bar.

The next step to be done by the Investigator will depend upon the merit of the complaint.
If the complaint is meritorious, the Investigator shall give a copy to the respondent requiring him
to answer within 15 days from the date of service. If the complaint or if the answer of the
respondent convinces the Investigator that the complaint is without merit, it shall be dismissed
by the Board of Governors and a copy of the resolution of such dismissal shall be given to both
the complainant and the Supreme Court who may review the case motu propio or upon an appeal
of the complaint within 15 days from the notice of dismissal.

The answer from the respondent shall be verified and the original and five copies of such
shall be filed with the Investigator with of service of a copy on the complainant or his counsel.

If the respondent fails to answer or upon joinder of issues, the Investigator shall proceed
with the investigation of the case; this shall be done with deliberate speed. The Investigator has
the power to issue subpoenas and administer oaths and willful failure or refusal to obey shall be
dealt with as for indirect contempt of the court which shall be filed Investigator before the IBP
Board of Governors who shall require to show cause within 10 days from notice.

The respondent shall be given opportunity to defend himself and to present his witnesses.
But if the respondent does not appear even after notice, the investigation shall proceed ex parte
or without him.

Once the investigation is terminated, within 30 days, the investigator shall submit a report
of his findings and recommendations to the IBP Board of Governors along with the stenographic
notes and transcripts together with all the evidence presented. If the transcription of the
stenographic notes is prepared later than the report of the investigator, the submission of the
report need not wait for the former. It is enough that the report contains investigators personal
notes and any relevant and pertinent testimonies.
 Every case heard by an investigator shall be reviewed by the IBP Board of Governors and
their decision shall be in writing and shall state the facts and reasons for such decision. The next
step shall depend on the sanction imposed by the Board. If the Board determines that the
respondent should be suspended from the practice of law or disbarred, a resolution shall be
issued containing its findings and recommendations with the records of the case and shall be
given to the Supreme Court for final action. But if the Board exonerates the respondent or the
disciplinary action is less than suspension or disbarment, they will issue a decision exonerating
the respondent or imposing the sanction and the case shall be deemed terminated unless appealed
to within 15 days.

Proceedings initiated in the Supreme Court may be referred for investigation to the
Solicitor General or to any officer of the Supreme Court or judge of a lower court where the
steps to be taken are the same as the proceedings initiated in the IBP.

Like the ending or last step of the investigation of proceedings initiated in the IBP, the
Solicitor General or the court appointed investigator shall submit to the Supreme Court a
resolution with his findings and recommendations with all the records and evidences presented in
the investigation. This is done for the final action of the Supreme Court.