ILICAN, JULIOUS CAESAR

1-B1
LEGAL ETHICS
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DISBARMENT OF ATTORNEYS FLOWCHART The Investigator

shall direct that a
RULE 139 B copy thereof be
served upon the
Yes respondent,
Board of Governors shall The National Grievance
requiring him to
Proceedings for The IBP Board of Six (6) copies of the
appoint from among IBP Investigators shall
Is it answer the same
disbarment may be members an Investigator or, investigate all complaint
Governors may, motu verified complaint shall meritorious within fifteen (15)
when special circumstances so against members of the
taken by the proprio or upon referral be filed with the warrant, a panel of three(3) Integrated Bar referred days from the
Supreme Court by the Supreme Court or Secretary of the IBP or investigators to investigate the to them by the IBP date of service.
motu proprio. (Sec. 1 by a Chapter Board of the Secretary of any of Proceedings in the complaint All Investigators shall Board of Governors. (Sec. 5)
Officers, or at the its chapters who shall take an oath of office in the (Sec.3)
Integrated bar of
instance of any person, forthwith transmit the form prescribed by the Board of
the Philippines Governors. A copy of the
initiate and prosecute same to the IBP Board
Investigator's appointment and
proper charges against of Governors for oath shall be transmitted to the
Proceedings for
erring attorneys assignment to an Supreme Court. (Sec. 2)
disbarment may be No The same may be
including those in the investigator. (Sec. 1)
taken by the dismissed by the
government service.
Integrated Bar of the Board of Governors
(Sec. 1)
A copy of the resolution of upon his
Philippines (IBP)
dismissal shall be furnished the recommendation.
upon the verified complainant and the Supreme The answer shall be verified. (Sec.5)
complaint of any Court which may review the The original and five (5) legible
person. (Sec. 1) case motu proprio or upon copies of the answer shall be
timely appeal of the filed with the Investigator, with
complainant filed within 15 proof of service of a copy Upon joinder of issues or The respondent shall be given The Investigator shall
days from notice of the thereof on the complainant or upon failure of the full opportunity to defend terminate the investigation
dismissal of the complainant. himself, to present witnesses within three (3) months from
his counsel. (Sec. 6) respondent to answer, the
(Sec. 5) on his behalf and be heard by the date of its commencement
All charges against Justices of the Investigator shall, with
himself and counsel. However, unless extended for good
Court of Tax Appeals and the deliberate speed, proceed if upon reasonable notice, the cause by the Board of
Sandiganbayan, and Judges of the Willfull failure or refusal to with the investigation of respondent fails to appear, the Governors upon prior
Court of Tax Appeals and lower obey a subpoena or any other the case. (Sec.8) investigation shall proceed ex application. (Sec. 8)
courts, even if lawyers are jointly lawful order issued by the parte. (Sec. 8)
Investigator shall be dealt with
charged with them, shall be filed with
as for indirect contempt of
the Supreme Court; Provided, court. The corresponding
further, that charges filed against charge shall be filed by the
Justices and Judges before the IBP, The IBP Board of Governors may The IBP Board of Governors Not later than thirty (30) days from the
Investigator before the IBP
thereafter conduct hearings, if shall within like period fifteen termination of the investigation, the
including those filed prior to their Board of Governors which shall
necessary, in accordance with the (15) days issue a resolution Investigator shall submit a report
appointment in the Judiciary, shall require the alleged contemnor
procedure set forth in this Rule setting forth its findings and containing his findings of fact and
immediately be forwarded to the to show cause within ten (10)
for hearings before the recommendations, which `shall recommendations to the IBP Board of
Supreme Court for disposition and days from notice. (Sec. 8)
Investigator. Such hearing shall, forthwith be transmitted to the Governors, together with the
adjudication. (Sec. 1) as far as practicable, be Supreme Court for final action stenographic notes and the transcripts Cont. next page
terminated within fifteen (15) and if warranted, the thereof and all the evidence presented
days from its commencement. imposition of penalty. during the investigation.
(Sec. 8) (Sec. 8) (Sec. 10)
 Contd.
Yes

Every case heard by an investigator

shall be reviewed by the IBP Board
of Governors upon the record and
The Supreme Court, motu
evidence transmitted to it by the
If the Board, by the vote of a majority of proprio, or at the instance of
Investigator with his report. The
its total membership, determines that the IBP Board of Governors
decision of the Board upon such
the respondent should be suspended upon the recommendation of
review shall be in writing and shall
from the practice of law or disbarred, it Notice of the the Investigator, may suspend
clearly and distinctly state the facts
shall issue a resolution setting forth its resolution or decision an attorney from the practice
and the reasons on which it is based. Is the findings and recommendations which, of the Board shall be of his profession for any of the
It shall be promulgated within a
respondent together with the whole record of the given to all parties causes specified in Rule 138,
period not exceeding thirty (30) days
disbarred? case, shall forthwith be transmitted to through their counsel. Section 27, during the
from the next meeting of the Board
the Supreme Court for final action. A copy of the same pendency of the investigation
following the submittal of the
(Sec. 12, par. b) shall be transmitted to until such suspension is lifted
Investigator's Report .
the Supreme Court. by the Supreme Court.
(Sec. 12, par. a)
(Sec. 12, par. d) (Sec. 15)
No