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RULE 139 * (Superseded by Rule139-B)  DISMISS IF THE ACTION IS WITHOUT

MERIT. If the complaint does not


DISBARMENT OR SUSPENSION merit action, or If the answer shows
to the satisfaction of the Supreme
OF ATTORNEYS
Court that the complaint is not
Section 1. Motion or complaint meritorious, the same shall be
dismissed.
 REMOVAL OR SUSPENSION OF
ATTORNEYS THROUGH MOTION.
Proceedings for the removal or Section 3. Investigation by Solicitor General
suspension o attorneys may be
 REFERRAL TO THE SOLICITOR
taken by Supreme Court on its
GENERAL FOR INVESTIGATION. Upon
motion.
issues raised by the complaint and
answer, or upon failure of the
 REMOVAL OR SUSPENSION OF
respondent to answer, the case shall
ATTORNEYS THROUGH COMPLAINT.
be referred to the Solicitor General
Proceedings for the removal or
for investigation to determine if
suspension of attorneys may be
there is sufficient ground to proceed
taken upon a complaint under oath
with the prosecution of the
of another in writing.
respondent.
The complaint shall set out
 THE RESPONDENT IS GIVEN FULL
distinctly, clearly, and concisely the
OPPORTUNITY TO DEFEND HIMSELF.
facts complained of, supported by
In the investigation conducted by
affidavits of persons having personal
the Solicitor, the respondent shall be
knowledge of the facts alleged, and
given full opportunity to defend
shall be accompanied with copies of
himself, to produce witnesses on his
such documents as may substantiate
own behalf, and to be heard by
said facts.
himself and counsel.

 PROCEEDING EX PARTE. If upon


Section 2. Service or dismissal
reasonable notice, the respondent
 SERVICE IF THE ACTION IS WITH fails to appear, the investigation
MERIT. If the complaint appears to shall proceed ex parte.
merit action, a copy thereof shall be
served upon the respondent,
Section 4. Report of the Solicitor General
requiring him to answer the same
within 10 days from the date of  NO SUFFICIENT GROUND. If the
service. Solicitor General finds no sufficient
ground to proceed against the
respondent, he shall submit a report
to the Supreme Court containing his Exception: final order of the court
finding of fact and conclusion, shall be made public as in other
whereupon the respondent shall be cases coming before the court.
exonerated unless the court orders
differently.

Section 5. Complaint of the Solicitor


General. Answer of respondent.

 SUFFICIENT GROUND. If the Solicitor


General finds sufficient ground to
proceed against the respondent, he
shall file the corresponding
complaint with the Supreme Court.

The clerk of the Supreme Court shall


serve the respondent with a copy of
the complaint with direction to
answer within 15 days.

Section 6. Evidence produced before


Solicitor General available. Xxxxxxxxxxxxxxx
Section 7. Commissioner to investigate and
recommend. Rules of evidence.
Xxxxxxxxxxxxx
Section 8. Report of Commissioner and
hearing, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Section 9. Procedure in Court of Appeals or
Courts of First instance.
Xxxxxxxxxxxxxxxxxxx

Section 10. Confidential

 CONFIDENTIALITY. General Rule:


Proceedings against attorneys shall
be private and confidential.
RULE 139-B Appeals and the Sandiganbayan,
Judges of the Court of Tax Appeal,
DISBARMENT AND DISCIPLINE and lower courts, even if lawyers are
jointly charged with them, shall be
OF ATTORNEYS
filed with the Supreme Cout.
Section 1. How instituted
IMMEDIATELY FORWARDED.
 MOTU PROPRIO. Proceedings for
Charges filed against Justices and
disbarment, suspension, or
Judges before the IBP, including
discipline of attorneys may be taken
those filed prior to their
by the Supreme Court motu proprio.
appointment in Judiciary, shall
immediately be forwarded to the
 VERIFIED COMPLAINT. Proceedings
Supreme Court for disposition and
for disbarment, suspension, or
adjudication.
discipline of attorneys may be taken
by the IBP upon the verified
complaint of any person. A. PROCEEDING IN THE INTEGRATED BAR
OF THE PHILIPPINES.
The complaint shall state clearly and
Section 2. National Grievance Investigators
concisely the facts complained of
and shall be supported by:  APPOINTMENT OF INVESTIGATOR.
The Board of Governors shall
1. affidavits of persons having appoint from among IBP members
personal knowledge of the an Investigator.
facts alleged; and
2. such document as may  APPOINTMENT OF A PANEL. The
substantiate said facts. Board of Governors shall, when
special circumstances so warrant,
 CHARGES AGAINST ATTORNEYS. The appoint a panel of 3 investigators to
IBP Governor may, motu proprio or investigate the complaint.
upon referral of the Supreme Court
or by a Chapter Board of Officers or All investigators shall take an oath of
at the instance of any person, office in the form prescribed by the
initiate and prosecute proper Board of Governors
charges against any erring attorneys
including those in the government A copy of the Investigator’s
service. appointment and oath shall be
transmitted to the Supreme Court.
CHARGES TO BE FILED WITH THE
SUPREME COURT. All charges  DISQUALIFICATION OF AN
against Justices of the Court of INVESTIGATOR. General Rule: An
investigator may be disqualified by National Grievance Investigators
reason of the following: shall investigate all complaints
1. relationship within the 4th against members of the Integrated
degree of consanguinity or Bar referred to them by the IBP
affinity to any of the parties Board of the Governors.
or their counsel;
2. pecuniary interest;
3. personal bias; or Section 4. Chapter assistance to
4. having acted as counsel for complainant
either party
 ASSIST IN THE PREPARATION OF
COMPLAINTS BY CHAPTER. The
Exception: the parties sign and enter
proper IBP Chapter may assist the
upon the record their written
complainants in preparation and
consent to his acting as such
filing of his complaints.
Investigator.

 REMEDY OF A PARTY WHEN THE


Section 5. Service or dismissal
INVESTIGATOR DOES NOT
DISQUALIFY HIMSELF. Where the  COMPLAINTS WITH MERIT.
investigator does not disqualify
himself, a party may appeal to the
IBP Board of Governors, which by a
majority vote of the members
present, there being a quorum, may
order his disqualification.

Any investigator may also be


removed for cause, after due
hearing, by a vote of at least 6
members of the Board of Governors.

The decision of the Board of


Governors in all cases of
disqualification.

Section 3. Duties of the National Grievance


Investigator

 DUTIES - INVESTIGATE ALL


COMPLAINTS AGAINST MEMBERS
OF THE INTEGRATED BAR. The

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