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 original and five(5) legible copies
the Supreme Court which may review of the anser shall be filed with the
the case motu proprio or upon timely investigator, with proof of service
appeal of the complainant filed within of a copy thereof on the
fifteen(15) days from notice of the complainant or his counsel.
dismissal of the complainant.(Sec.5) (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 The Investigator shall terminate
opportunity to defend himself, to the investigation within three
present witnesses on his behalf (3) months from the date of its
Contd. and be heard by himself and commencement unless extended
counsel. However, if upon for good cause by the Board of
reasonable notice, the respondent Governors upon prior
fails to appear, the investigation application. (Sec.8)
shall proceed ex parte.(Sec.8)

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

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

Every case heard by an investigator

Not later than thirty (30) days from shall be reviewed by the IBP Board of
the termination of the Governors upon the record and
investigation, the Investigator shall evidence transmitted to it by the
submit a report containing his Investigator with his report. The
findings of fact and decision of the Board upon such Is the respondent
recommendations to the IBP Board review shall be in writing and shall disbarred?
of Governors, together with the clearly and distinctly state the facts
stenographic notes and the and the reasons on which it is based.
transcripts thereof and all the It shall be promulgated within a
evidence presented during the period not exceeding thirty (30) days
investigation. (Sec.10) 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

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