RULE 139 * (Superseded by Rule139-B) DISMISS IF THE ACTION IS WITHOUT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