DISCIPLINE OF

LAWYERS
Gonzales
Mabanglo
Salazar
POWER TO DISCIPLINE ERRANT
LAWYERS
THE SUPREME COURT

1. Warn
2. Admonish
3. Reprimand
4. Disbar a Lawyer
THE COURT OF APPEALS AND REGIONAL
TRIAL COURT
1. Warn
2. Admonish
3. Reprimand
4. Suspend
NATURE AND CHARACTERISTICS
Sui Generis
•they do not involve a trial of an action or a suit
but are rather an investigation by the Court
into the conduct of its officers. It is not meant
to grant relief to a complainant but is intended
to cleanse the ranks of the legal profession of
its undesirable members in order to protect

the public and the courts.

May be initiated Motu Proprio

● The Court merely calls upon a member of the Bar to account for his
actuations as an officer of the Court with the end in view of preserving
the purity of the legal profession and the proper and honest
administration of justice in the exercise of its disciplinary powers.
Foster vs. Atty Agtang [A.C. No. 10579]
● findings have no judicial bearing on other judicial actions

Which the parties may choose against each other.

● In disciplinary proceedings the only issue is whether

the officer of the court is still fit to be allowed to continue

as a member of the bar

Proceedings are Public in nature
● Upon filing of formal charges the proceedings should be public and the
disposition should be public in cases of suspension, disbarment and
reprimand.
Burden of proof in disbarment and suspension
proceedings
● Always rests on the shoulders of the complainant
● As a rule, an attorney enjoys the legal presumption that he is innocent of the
charges made against him until the contrary is proved.
PRESCRIPTION
● Bobby Rose Frias vs. Atty. Carmelita Bautista-Lozada

● The defense of prescription does not lie in administrative proceedings against lawyers, for an
administrative complaint against a member of the bar does not prescribe. Thus, Sec. 1, Rule VIII of the
Rules of Procedure of the Commission on Bar Discipline, which provided for a prescription period of 2
years from the date of the professional misconduct, was struck down for being ultra vires.
FORMS OF DISCIPLINARY MEASURES
PURPOSE

● To protect the public and administration of justice from lawyers who have
not discharged or will not discharge properly their professional duties to
the clients the public and legal profession
1. WARNING

● an act or fact of putting one on his

guard against an impending danger,

evil consequences or penalties.

2. ADMONITION

● a gentle or friendly reproof, mild rebuke, warning or reminder, counseling, on

a fault, error or oversight, an expression of authoritative advice.
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. SUSPENSION
● Temporary withholding of a lawyers right

To practice his profession as a lawyer for

A certain period or indefinite period of

time.

● 2 kinds
5. INTERIM SUSPENSION

● It is the temporary suspension of a lawyer from the practice of law

pending imposition of clinical discipline.
6. CENSURE

● Official Reprimand
● High criticism
7. DISBARMENT
● It is the act of the Philippine Supreme Court

in withdrawing from an attorney the right to

practice law.

The name of the lawyer is stricken out from the

roll of attorneys.

● Perez vs. Atty Catindig and Atty Baydo

SUSPENSION AND DISBARMENT
SUSPENSION
the temporary prevention of
something from continuing or being in
force or effect.
DISBARMENT
is the removal of a lawyer
from a bar association or the
practice of law, thus revoking
their law license or admission to
practice law.
Grounds for Suspension or Disbarment

1. As provided under Rule 138, Section 27 of the Rules of Court

2. As provided by Other Statutory Grounds
3. A Lawyer’s misconduct in his private capacity
4. A Misconduct before or incident to admission
5. Misconduct committed outside Philippine Jurisdiction
Rule 138, Sec 27 of the Rules of Court

a. Deceit
b. Malpractice or Other Gross Misconduct
c. Conviction of a Crime Involving Moral Turpitude
d. Corrupt or Willful Appearance for a Client without Authority
to do so
Rule 138, Sec 27 of the Rules of Court

e. Grossly immoral Conduct

f. Violation of Oath of Office
g. Willful Disobedience of any Lawful Order of a Superior
Court
a. Deceit
A fraudulent and deceptive
misrepresentation, artifice or
device used by one or more
persons to deceive and trick
another.
b. Malpractice or Other Gross Misconduct in Office

I. Legal Malpractice –
consists of failure of an attorney to use such skill, prudence, and
diligence as lawyers of ordinary skill and capacity commonly possesses
and exercise in the performance of tasks which they undertake, and
when such failure proximately causes damage, it gives rise to an action
in tort.
 Tan Tek Beng v. David

Held:
The said agreement is void because it was tantamount to malpractice which
is "the practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers"
b. Malpractice or Other Gross Misconduct in Office

ii. Gross Misconduct

Any inexcusable, shameful, or flagrant unlawful conduct on the
part of the person concerned in the administration of justice which
is prejudicial to the rights of the parties or to the right
determination of the cause
ii. Gross Misconduct

Elements:

1. Corruption
2. Clear Intent to violate the law or;
3. Flagrant Disregard of an established rule
 Sps. Donato v. Asuncion
Held:

The respondent is guilty of gross misconduct. A lawyer may be

suspended or disbarred for any misconduct showing any fault or deficiency
in his moral character, honesty, probity or good demeanor as provided
under Section 27, Rule 138 of the Revised Rules of Court.
c. Conviction of a Crime Involving Moral turpitude
 Soriano v. Dizon
Held
Conviction for a crime involving moral turpitude may relate, not to the exercise
of the profession of lawyers, but certainly to their good moral character. Where
their misconduct outside of their professional dealings is so gross as to show
them morally unfit for their office and unworthy of the privileges conferred upon
them by their license and the law, the court may be justified in suspending or
removing them from that office.
d. Corrupt or Willful Appearance for a Client without Authority to do so
e. Grossly Immoral Conduct

Grossly Immoral Conduct

is that conduct that which is so willful, flagrant, or
shameless as to show indifference to the opinion of the
good and respectable members of the community.
 Advincula v. Advincula
Held

Although his siring the child with a woman other than his legitimate
wife constituted immorality, he committed the immoral conduct when
he was not yet a lawyer. The degree of his immoral conduct was not as
grave than if he had committed the immorality when already a member
of the Philippine Bar.
f. Violation of Oath or Office
Lawyer's Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the Constitution and
obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent
to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or
give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and I
impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me
God.
g. Willful disobedience of any Lawful Order of a Superior Court
2. Other Statutory Grounds

As provided by:
● The Civil Code
● Revised Penal Code
3. Lawyer’s Misconduct in his Private Capacity

General Rule:
A lawyer may not be suspended or
disbarred for misconduct in his
non-professional or private
capacity.
 Marcelo v Javier
Exception:
If the misconduct is so gross as to show him to be wanting in moral character,
honesty, probity, and good demeanor, or unworthy to continue as an officer of
the court, or an unfit or unsafe person to enjoy the privileges and to manage the
business of others in the capacity of an attorney, or for conduct which tends to
bring reproach on the legal profession or to injure it in the favorable opinion of
the public.
4. Misconduct Before or Incident to Admission

A lawyer may be disbarred from misrepresentation of

or false pretense relative to the requirements for
admission to practice.
5. Misconduct committed outside Philippine Jurisdiction

A Philippine lawyer
may be admitted to the
bar in a foreign country
and may practice law in
both countries.
Effects or Disbarment or Suspension in a Foreign Country

not automatically result in his suspension or

disbarment in the Philippines.
Suspension and Disbarment of Lawyers Holding Government
Offices

General Rule:
A lawyer who holds a government office may not be disciplined
as a member of the Bar for misconduct in the discharge of his
duties as a government official.
Exception:
If the misconduct of a government official is ofsuch a character as
to affect his qualification as alawyer or to show moral delinquency,
then he may be disciplined as a member of the Bar upon such
ground.
Exception to the Exception:
The exception does not apply to impeachable officials
Applicability of Presumption of Innocence

the lawyer enjoys the presumption of innocence and the

burden of proof rests upon the complaint to prove the
allegations in his complaint.
Quantum of Proof
Clear Preponderance of Evidence
In case the evidence of the parties are equally
balanced, the decision should be in favor of the
respondent.
“Equipoise Doctrine”
PROCEDURE FOR THE DISBARMENT, SUSPENSION
AND DISCIPLINE OF LAWYERS
Offices Authorized to Investigate Disbarment Cases

1. Supreme Court
2. IBP through its Commission on Bar Discipline of
authorized investigators
How Instituted

1. By the Supreme Court motu proprio

2. By the Integrated Bar of the Philippines upon the
verified complaint of any person
The Complaint Must Be
1. Verified
2. The Facts complained of must be stated clearly and concisely
3. Supported by Affidavits of persons having personal knowledge of the facts
therein alleged or by such documents as may substantiate it
4. Six (6) copies shall be filled with the Secretary of the IBP or of any of its Chapters
A Complaint for Disciplinary Action

must allege specific facts which constitute particular

breach/es or violation/s of law or Code of Professional
Responsibility or legal ethics that due process so requires.
Procedural Steps for Disbarment In the IBP

Rule 139-B
1.Appointment of investigator/s
2.Meritorious complaint shall be served with a copyrequiring the
respondent to answer within 15 days from service
3.Respondent shall file a verified answer
4.Upon the joinder of issues or failure to answer, the respondent shall be given
opportunity to defend himself.
5.The investigator shall submit a report to the Board of Governors not later
than 30 months from termination of the investigation
6.The Board of Governors shall have the power to Review the decision of the
investigator.
Availment of Motion for Reconsideration

within 15 days from notice of receipt by the parties thereon

Procedure for Disbarment in the SC

1) Supreme Court Investigation

2) Report of SolGen or other Court-designated Investigator

Defenses
● Special and affirmative defense available civil and criminal actions are inapplicable in disciplinary
proceedings
● Example: Prescription
Aggravating Circumstance

1. Prior disciplinary offenses;

2. Dishonest or selfish motive;
3. A pattern of misconduct;
4. Multiple offenses;
5. Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or
orders of the disciplinary agency;
6. Submission of false evidence, false statements, or other deceptive practices during the disciplinary
process;
7. Refusal to acknowledge wrongful nature of conduct;
8. Vulnerability of victim;
9. Substantial experience in the practice of law;
10. Indifference to making restitution.
Mitigating Circumstances

1. Absence of a prior disciplinary record;

2. Absence of a dishonest or selfish motive;
3. Personal or emotional problems;
4. Timely good faith effort to make restitution or to rectify consequences of misconduct;
5. Full and free disclosure to disciplinary board or cooperative attitude toward proceedings;
6. Inexperience in the practice of law;
7. Character or reputation;
8. Physical or mental disability or impairment;
9. Delay in disciplinary proceedings;
10. Interim rehabilitation;
11. Imposition of other penalties or sanctions;
12. Remorse;
13. Remoteness of prior offenses.
Neither aggravating nor mitigating

1. Forced or compelled restitution

2. Agreeing to the client’s demand for certain improper behavior or result;
3. Withdrawal of complaint against the lawyer
4. Resignation prior to completion of disciplinary proceedings
5. Complainant’s recommendation as to sanction
6. Failure of injured client to complain.
What are the effects of an executive pardon?

● If granted after disbarment - not automatically reinstated

● If granted prior to disbarment - operates as a bar to disbarment proceeding
What is the effect of a conditional pardon?

● Does not operate as a bar disbarment proceeding

What is the effect of an Affidavit of Desistance?

●
What is the effect of a Compromise
Agreement?
What is the effect of death of a lawyer during the
pendency of disciplinary action against him?
● Moot and academic
● HOWEVER the court may still resolve the case
Reinstatement

● Readmission to membership in the Bar

Tan v Sabandal
Rolando v Torres
Guidelines for Reinstatement

● Proof of Remorse
● Sufficient time must have lapsed
● Age
● Potential for public service
● Other relevant factors that justify clemency
Conditions

● Rehabilitation
● Lawyer’s oath
● Sign Roll of Attorneys
Lifting of the Order of Suspension

1. After a finding that respondent lawyer must be suspended from the practice of law, the Court shall render a decision
imposing the penalty;
2. Unless the Court explicitly states that the decision is immediately executory upon receipt thereof, respondent has 15
days within which to file a motion for reconsideration thereof. The denial of said motion shall render the decision final
and executory;
3. Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court, through the
Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and has not appeared in
any court during the period of his or her suspension;
4. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the
courts where respondent has pending cases handled by him or her, and/or where he or she has appeared as counsel;
5. The Sworn Statement shall be considered as proof of respondent's compliance with the order of suspension; and
6. Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for the imposition of a
more severe punishment, or disbarment, as may be warranted.
Yap Paras v Paras
Yap Paras v Paras

A lawyer’s suspension is not automatically lifted upon the lapse of the suspension period. The lawyer must
submit the required documents and wait for an order from the court lifting the suspension before he or she
resumes the practice of law