RULE 139-B

DISBARMENT AND DISCIPLINE OF ATTORNEYS

WHAT ARE THE FORMS OF DISCIPLINARY MEASURES IN THE LEGAL PROFESSION?

1. Warning – an act or fact of putting one of his guard against an impending danger, evil
consequences or penalties
2. Admonition – refers to a gentle or friendly reproof, mild rebuke, warning or reminder,
counseling, on a fault, error or oversight.
3. Reprimand – a public and formal censure or severe reproof, administered to a person in fault
by his superior officer or a body to which he belongs
4. Censure – an official reprimand
5. Suspension – This is the temporary withholding of the lawyer’s privilege to practice his
profession for a certain period, or for an indefinite period of time
6. Disbarment – it is the act of the Philippine Supreme Court in withdrawing from an attorney the
privilege to practice law. The name of the lawyer is stricken out from the Roll of Attorneys.

WHO CAN FILE A DISBARMENT, SUSPENSION, DISCIPLINARY PROCEEDING?

 The Supreme Court, on its own motion; OR
 Upon the filing of any person before the Supreme Court or the Integrated Bar of the
Philippines (IBP)

WHAT ARE THE GROUNDS FOR DISBARMENT?

1. Deceit
2. Malpractice, or other gross misconduct in such office
3. Grossly immoral conduct
4. Conviction of a crime involving moral turpitude
5. Any violation of the oath which he is required to take before the admission to practice
6. Willful disobedience of any lawful order of a superior court
7. Corrupt or willful appearance as an attorney for a party to a case without authority to do so.

HOW TO INSTITUTE DISCIPLINARY PROCEEDINGS

Against whom? Attorneys (1) Justices of the Court of Appeals;
(2) Justices of Sandiganbayan;
(3) Justices of the Court of Tax
Appeals;
(4) Judges of lower courts; or
(5) Lawyers in the government
service

Whether or not charged singly or

jointly with other respondents

Whether or not such complaints

deals with acts unrelated to the
discharge of their official functions.
How? 1. By filing of a verified complaint; or

The complaint must:

(1) state the facts clearly and concisely; and
(2) shall be supported by:
(a) affidavits of persons having personal knowledge of the facts
therein alleged; and/or
(b) documents that may substantiate the facts

2. Upon the instance of the Supreme Court, on its own motion.

Where to file? The Supreme Court; OR Supreme Court; or

If filed with the Integrated Bar of the

Integrated Bar of the Philippines Philippines the same shall be
(IBP); immediately forwarded to the
Supreme Court.
 The following must be complied:
(1) 6 copies of the verified
complaint; and
(2) Filed with the:
(a) Secretary of
[National] IBP; or
(b) Secretary of IBP
Chapter
The following must be complied:
(3) 6 copies of the verified
complaint; and
(4) Filed with the:
(c) Secretary of
[National] IBP; or
(d) Secretary of IBP
Chapter

If filed with Secretary If filed with Secretary

of IBP Chapter, the of IBP Chapter, the
same must be same must be
transmitted to the transmitted to the
IBP Governor IBP Governor
Where do the If filed with the IBP, to the National to the Supreme Court
complaints go? Grievance Investigators of the IBP,
They are then being appointed by the IBP Board of If initiated by the Supreme Court on
investigated. Governors; OR Its own motion, or in other
proceedings when the interest of
to the Supreme Court justice so requires, may be referred by
If initiated by the Supreme Court on It to
Its own motion, or in other 1. Office of the Bar Confidant
proceedings when the interest of 2. Any officer of the Supreme
justice so requires, may be referred by Court; OR
It to 3. Judge of a lower court
1. Office of the Bar Confidant
2. Any officer of the Supreme
Court; OR
3. Judge of a lower court
What happens during the pendency of the investigation in a DISBARMENT CASE? Suspension.
The Supreme Court
1. on its own motion; OR
2. upon the recommendation of the IBP Board of Governors,
may suspend an attorney from the practice of his profession until such suspension is lifted by It.
The Court of Appeals or Regional Trial Court may likewise suspend an attorney from practice until
further action of the Supreme Court in the case.
When is a disciplinary proceeding deemed terminated?
When the member of the Bar is either exonerated or adjudged guilty.
Under the IBP In the Supreme Court
If IBP Board of Governors determine that said When the Supreme Court, upon its investigation and
member should be suspended from the practice of findings on its own motion or those which are
law or disbarred, it shall issue a RESOLUTION transmitted to it, promulgates its RESOLUTION.
with its findings and recommendations, and
transmit the same, together with the whole
record of the case to the Supreme Court for final
action.

If IBP Board of Governors determine that said

member is exonerated or the disciplinary
sanction is less than suspension or disbarment
such as admonition, reprimand, or fine, the case
shall be deemed TERMINATED unless upon
petition by the complainant or other interested
party within fifteen (15) days from notice of the
Board’s resolution the Supreme Court orders
otherwise.