UNIVERSITY OF CEBU- COLLEGE OF LAW

BANILAD, CEBU CITY

BASIC LEGAL ETHICS

DISCUSSION ON THE PROCEDURE FOR AN ADMINISTRATIVE

INVESTIGATION ON LAWYERS

Submitted by:
LORENZ MOISES ENRICK BINGHAY

Submitted to:
ATTY. CARLO VINCENT GIMENA
 In every group or institution, it cannot be avoided that some of
its personnel may commit inappropriate acts that is contrary to their
oath and general practice, the same is held true to the members of
the bar—the lawyers. However, not all allegations are instantly taken
as it is. There is a proper procedure to be followed prior to charging
the lawyer with guilt in the act he has done, this is also to protect his
rights for equal protection against him. The purpose of an
administrative investigation on a lawyer is to explore in detail the
allegations, to examine evidence in depth, and to determine whether
or not there is misconduct has been committed, and if so, the
responsible person will know the gravity of the misconduct.
Proceedings for misconducts on lawyers has been docketed on
Rules 139- B of the Rules of Court. According to Section 1 of Rule
139- B:
Section 1. How instituted- proceedings for disbarment,
suspension or discipline of attorneys may be taken by the
Supreme court motu proprio, or by the Integrated Bar of the
Philippines upon verified complaint of any person. 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
Section 1 of Rule 139-B laid out which establishments can do
investigation on a lawyer who was reported doing misconduct. The
Supreme Court has the authority to conduct investigation motu
proprio or by its own impulse and refer it to the IBP. IBP in turn, can
do investigation upon any verification of any person. An investigation
does not proceed without a prior complaint with a person or a party
involved or aggrieved from the lawyer’s act. The proper IBP chapter
may assist the complainant/complainants Right after a verified
complaint, six (6) copies of the verified complaint shall be filed with
the Secretary of the IBP or of any chapters who shall forthwith
transmit the same to the IBP Board of Governors for assignment to
an Investigator.
Once an investigator has been assigned, 3 panels of
investigators will be doing the investigation and shall take an oath of
office in a form prescribed by the board of Governors. Then, a copy of
the said oath will be forward to the Supreme Court. The IBP Board of
Governors shall also appoint a member of the Integrated Bar to act
as counsel to assist the complainant or the respondent during the
investigation in case of assistance is needed.
 Upon investigation that the complaint has been held
meritorious, the investigators in turn will direct a copy to the
respondent of the said complaint filed on the lawyer and same shall
be answered within 15 days by the lawyer under investigation. If by
circumstances that the said investigation does not held any merit or if
the answer shows satisfactory remarks, the investigator can held the
investigation as unmeritorious, the same may be then dismissed by
the Board of Governors with the investigator’s recommendation.
The said answer of the lawyer under investigation shall be
verified and five copies shall be procured with the Investigator, along
with the proof of service of a copy thereof on the complainant or his
counsel.
If in the instance no answer has been made over the matter in
controversy, the investigator will still with the investigation with
deliberate speed. The investigator has the authority to issue
subpoena and administer oaths, this is to give the respondent lawyer
the chance to be heard and fair trial for himself or his counsel. But in
the event the respondent lawyer does not appear and fails to give a
reasonable notice, the whole investigation will be ex parte or a
decision leaning on the side of the complainant. Failure on the
respondent to present on court or refusal to obey the subpoena shall
dealt with indirect contempt of court. The corresponding charge shall
be filed by the investigator before the IBP Board of Governors and
shall require the respondent to show cause within ten days. The IBP
Board of Governors shall then conduct hearings before the
investigator and shall be terminated within 15 days from the
commencement. The IBP Board of Governors shall then issue a
resolution setting forth its findings and resolution and will transmit the
same to the Supreme Court for final action and if it warrants, a
penalty will be imposed.
The investigation will still commence, regardless by reason of
desistance, settlement, compromise, restitution, by withdrawal of
charges, or failure of the complainant to prosecute the same. It is
understood that the reason behind this is that a complaint has been
filed whether it is with merit or not, and thus shall still continue.
In regards to the investigator’s report, it shall be submitted not
later than thirty days from the termination of the investigation. The
report should contain his or her findings of facts, recommendations to
the IBP Board of Governors, along with stenographic notes and
transcript of the said matter of controversy with all the evidence
present during the investigation.
 In view and decision of the IBP Board of Governors, hearings
heard by an investigator will be reviewed along with the records and
evidence transmitted in the report. The decision of the IBP Board of
Governors shall be in form of writing and shall be clear and distinct in
its statement on the facts and reasons which it is based upon. The
said decision will be promulgated not later than thirty days from the
next meeting of the Board following the submittal of the investigator’s
report.
With its total membership, the vote of majority of the Board
determines that the respondent should be suspended from practice or
total disbarment, the Board shall issue a resolution setting forth its
findings and recommendation together with the records of the case
and will be transmitter to Supreme Court for final action.
In the event that the respondent is exonerated or absolved by
the Board or a sanction of less than that of suspension or disbarment,
the Board shall issue a decision about the exoneration or sanction.
The case in controversy will be terminated if no petition on the
complainant or any party of interest will file in the Supreme Court
within 15 days from its notice. The said Notice of resolution shall be
decimated to all parties through their respective counsel and the
same shall be provided to the Supreme Court.
In the event investigation is done by the Supreme Court motu
proprio or by its instance, the Supreme Court may refer the case to
the Solicitor General, or to any officers of the Supreme Court or judge
of a lower court and the same rule shall be followed from sections 6
to 11 of Rule 139-B Rules of Court. The said review of investigation
instead of the IBP Board of Governors doing it, the Supreme Court
shall directly conduct such.
The said report provided by the Solicitor General or the
investigator assigned by the Supreme Court along with its evidence
adduced from the investigation, shall submit a resolution containing
his findings of facts and recommendations to the Supreme Court for
final action.
Only the Supreme Court has the authority to revoke, shorten or
extend the period of suspension or uplift the disbarment as the facts
may warrant in the case. All court proceedings is confidential in
nature. However, the Supreme Courts final order will be published
like any other cases decided upon.