Article 20p. 20

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

Section 17. Voluntary Bar associations . — All voluntary

Bar associations now existing or which may hereafter be

formed may co-exist with the Integrated Bar but shall not

operate at cross-purposes therewith.

Section 18. Amendments . — This Rule may be amended

by

the

Supreme

Court

motu

propio

or

upon

the

recommendation

of

the

Board of Governors or any

Chapter of the Integrated Bar.

Section 19. Organizational period . — The Commission on

Bar Integration shall organize the local Chapters and

toward

this

end

shall

secure

the assistance of the

Department of Justice and of all Judges throughout the

Philippines. All Chapter organizational meetings shall be

held on Saturday, February 17, 1973. In every case, the

Commission shall cause proper notice of the date, time

and place of the meeting called to organize a Chapter

shall constitute a quorum for the purpose, including the

election of a President, a Vice President, a Secretary, a

Treasurer, and five Directors.

The

Commission

shall

initially

fix

the

number

of

Delegates

and

apportion

the

same

among

all

the

Chapters as nearly as may be in proportion to the number

of their respective members, but each Chapter shall have

at least one Delegate. The President of each Chapter shall

concurrently be its Delegate to the House of Delegates.

The Vice President shall be his alternate, except where

the Chapter is entitled to have more than one Delegate,

in which case the Vice President shall also be a Delegate.

The Board of Directors of the Chapter shall in proper

cases elect additional as well as alternate Delegates.

The House of Delegates shall convene in the City of

Manila on Saturday, March 17, 1973 for the Purpose of

electing

a

Board

of

Governors.

The Governors shall

immediately assume office and forthwith meet to elect

the Officers of the Integrated Bar. The Officers so chosen

shall immediately assume their respective positions.

Section 20. Effectivity . — This Rule shall take effect on

January 16, 1973.

RULE 139-B Disbarment and Discipline of

Attorneys

Section

1.

How

Instituted .

—

Proceedings

for

the

disbarment, suspension, or discipline of attorneys may be

taken by the Supreme Court motu propio , or by the

Integrated Bar of the Philippines (IBP) upon the verified

complaint of any person. The complaint shall state clearly

and concisely the facts complained of and shall be

supported

by

affidavits

of

persons

having

personal

knowledge of the facts therein alleged and/or by such

documents as may substantiate said facts.

The IBP Board of Governors may, motu propio or upon

referral by the Supreme Court or by a Chapter Board of

Officers, or at the instance of any person, initiate and

prosecute

proper

charges

against

erring

attorneys

including those in the government service.

Six (6) copies of the verified complaint shall be filed with

the Secretary of the IBP or the Secretary of any of its

chapter who shall forthwith transmit the same to the IBP

Board of Governors for assignment to an investigator.

A. PROCEEDINGS IN THE INTEGRATED BAR OF THE

PHILIPPINES

Section 2. National Grievance Investigators . — The Board

of Governors shall appoint from among IBP members an

Investigator or, when special circumstances so warrant, a

panel

of

three

(3)

investigators

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.

An

Investigator

may

be

disqualified

by

reason

of

relationship within the fourth degree of consanguinity of

affinity to any of the parties of their counsel, pecuniary

interest, personal bias, or his having acted as counsel to

his acting as such Investigator. Where the Investigator

does not disqualify himself, a party may appeal to the IBP

Board

of

Governors,

which

by 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 the vote of at least six (6) members of the IBP

Board

of

Governors.

The

decision

of

the

Board

of

Governors in all cases of disqualification or removal shall

be final.

Section 3. Duties of the National Grievance Investigator .

— The National Grievance Investigators shall investigate

all complaints against members of the Integrated Bar

referred to them by the IBP Board of Governors.

Section 4. Chapter assistance to complainant . — The

proper IBP Chapter may assist the complainant(s) in the

preparation and filing of his complaint(s).

Section

5. Service or dismissal . — If the complaint

appears to be meritorious, the Investigator shall direct

that a copy thereof be served upon the respondent,

requiring him to answer the same within fifteen (15) days

from the date of service. If the complaint does not merit

action, or if the answer shows to the satisfaction of the

Investigator that the complaint is not meritorious, the

same may be dismissed by the Board of Governors upon

his recommendation. A copy of the resolution of dismissal

shall be furnished the complainant and the Supreme

Court which may review the case motu propio or upon

timely appeal of the complainant filed within 15 days

from notice of the dismissal of the complainant.

No investigation shall be interrupted or terminated by

reason

of

the

desistance,

settlement,

compromise,

restitution, withdrawal of the charges, or failure of the

complainant to prosecute the same, unless the Supreme

Court motu propio or upon recommendation of the IBP

Board

of

Governors,

determines

that

there

is

no

compelling reason to continue with the disbarment or

suspension

proceedings

against

the

respondent .

(Amendment pursuant to Supreme Court Resolution

dated May 27, 1993 re Bar Matter 356).

Section 6. Verification and service of answer . — The

answer shall be verified. The original and five (5) legible

copies of the answer shall be filed with the Investigator,

with proof of service of a copy thereof on the complainant

or his counsel.

Section 7. Administrative counsel . — The IBP Board of

Governors

shall

appoint

a

suitable

member

of

the

Integrated Bar as counsel to assist the complainant of the

respondent during the investigation in case of need for

such assistance.

Section 8. Investigation . — Upon joinder of issues or

upon failure of the respondent to answer, the Investigator

shall,

with

deliberate

speed,

proceed

with

the

investigation of the case. He shall have the power to issue

subpoenas and administer oaths. The respondent shall be

given full opportunity to defend himself, to present

witnesses on his behalf, and be heard by himself and

counsel.

However,

if

upon

reasonable

notice,

the

respondent fails to appear, the investigation shall proceed

ex parte .

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.

Willful failure or refusal to obey a 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.

The

IBP

Board

of

Governors 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

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