Rosedemae B.

Bolongaita
JDN 109 - Basic Legal and Judicial Ethics

1. FLOWCHART OF DISBARMENT PROCEEDING BEFORE THE IBP

Filing of Verified Complaint with IBP

Within two(2) days from the receipt of the verified complaint, IBP will
cause the Issuance of summons to respondent

Filing of verified answer within fifteen(15) days by

respondent from receipt of summons

Assignment of the investigating commissioner(IC)

by raffle

Mandatory Conference Immediately

Upon agreement of the parties or upon upon receipt of verified answer
motions based on meritorious grounds, upon
endorsement of the board of Governors, IC
may refer to the Chapter President
concerned the reception of evidence Submit of verified position paper with a non-
extendible period of ten(10) days from notice of
termination of the mandatory conference

Evidence forwarded by Chapter President to IC If necessary IC will

Issuance of an order
for evaluation consideration in the preparation set hearing date for
submitting case for
of his report or recommendation clarificatory
decision
questioning

Submission or report and recommendation of

IC the board within thirty(30) calendar days
from date of order submitting case for decorum

Review or decision by the Board

 2. FLOWCHART DISBARMENT PROCEEDING BEFORE THE
SUPREME COURT

Proceedings for disbarment may be taken by Proceeding for disbarment may be taken by the
the Supreme Court motu proprio. (Sec. 1) Integrated Bar of the Philippines (IBP) upon the
verified complaint of any person. (Sec. 1)

All charges against Justices of

the Court of Tax Appeals and The IBP Board of Gorvernor may, motu proprio or
the Sandiganbayan, and upon referral by the Supreme Court or by a Chapter
Judges of the Court of Tax Board of Officers, or at the instance of any person,
Appeals and lower courts, initiate and prosecute proper charges against erring
even if lawyers are jointly attorneys including those in the government service.
charged with them, shall be (Sec. 1)
filed with the Supreme Court;
Provided, further, that charges
filed against justices and
Judges before the IBP,
Six(6) copies of the verified complaint shall be filed with
including those filed prior to
the Secretary of the IBP or the Secretary of any of its
their appointments in the
chapter who shall forthwith transmit the same to the IBP
Judiciary, shall immediately
Board of Governors for asssignment to an investigator.
be forwarded to the Supreme
(Sec. 1)
Court for disposition and
adjudication.(Sec. 1)

Proceeding in the integrated bar of the

Philippines

Board of Governors shall appoint from among IBP members an

investigator or when special circumstances so warrant, a panel of
three(3) investigator to investigate the complaint. All investigators shall
take an oath of office in the form prescribed by the Board of Governors.
A copy of the Investigator’s appointment and oath shall be transmitted
to the Supreme Court. (Sec. 2)

The National Grievance Investigators shall investigate all

complaint against members of the Integrated Bar referred
to them by the IBP Board of Governors. (Sec.3)

It is meritorious

Yes. The investigator shall direct

No. The same may be that a copy thereof be served upon
dismissed by the Board the respondent, requiring him to
of Governors upon his answer the same within fifteen(15)
recommendation.(Sec.5) days from the date of service.
(Sec.5)

A copy of the resolution dismissal The answer shall be verified. The

shall be furnished the complainant and
the Supreme Court which may review
the case motu proprio or upon timely
appeal of the complainant filed within
fifteen(15) days from notice of the
dismissal of the complainant.(Sec.5)
original and five(5) legible copies
of the anser shall be filed with the
investigator, with proof of service
of a copy thereof on the
complainant or his counsel.
(Sec.6)

Upon joinder of issues or upon

failure of the respondent to
answer, the Investigator shall,
Continue to with deliberate speed, proceed
next page with the investigation of the
case. (Sec.8)
 The respondent shall be given full
opportunity to defend himself, to
present witnesses on his behalf
Contd. and be heard by himself and
counsel. However, if upon
reasonable notice, the respondent
fails to appear, the investigation
shall proceed ex parte.(Sec.8)
The Investigator shall terminate
the investigation within three
(3) months from the date of its
commencement unless extended
for good cause by the Board of
Governors upon prior
application. (Sec.8)

The IBP Board of Governors Willfull failure or refusal to obey a

The IBP Board of Governors
shall within like period fifteen
(15) days issue a resolution
setting forth its findings and
recommendations, which shall
forthwith be transmitted to the
Supreme Court for final action
and if warranted, the
imposition of penalty. (Sec.8)
may thereafter conduct
hearings, if necessary, in
accordance with the
procedure set forth in this
Rule for hearings before the
Investigator. Such hearing
shall, as far as practicable, be
terminated within fifteen (15)
days from its commencement.
(Sec.8)
subpoena or any other lawful order
issued by the Investigator shall be
dealt with as for indirect contempt
of court. The corresponding charge
shall be filed by the Investigator
before the IBP Board of Governors
which shall require the alleged
contemnor to show cause within ten
(10) days from notice.(Sec.8)

Every case heard by an investigator

Not later than thirty (30) days from
the termination of 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 the
transcripts thereof and all the
evidence presented during the
investigation. (Sec.10)
shall be reviewed by the IBP Board of
Governors upon the record and
evidence transmitted to it by the
Investigator with his report. The
decision of the Board upon such Is the respondent
review shall be in writing and shall disbarred?
clearly and distinctly state the facts
and the reasons on which it is based.
It shall be promulgated within a
period not exceeding thirty (30) days
from the next meeting of the Board
following the submittal of the
Investigator's Report. (Sec.12, par.a)

If the Board, by the vote of a majority of its

Notice of the resolution or
decision of the Board shall be
given to all parties through their
counsel. A copy of the same shall
be transmitted to the Supreme
Court. (Sec.12, par.d)
total membership, determines that the
respondent should be suspended from the
practice of law or disbarred, it shall issue a
resolution setting forth its findings and
recommendations which, together with the
whole record of the case, shall forthwith be
transmitted to the Supreme Court for final
action. (Sec.12, par.b)

The Supreme Court, motu proprio, or at the

instance of the IBP Board of Governors
upon the recommendation of the
Investigator, may suspend an attorney from
the practice of his profession for any of the
causes specified in Rule 138, Section 27,
during the pendency of the investigation
until such suspension is lifted by the
Supreme Court. (Sec.15)