Article 21p. 21

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

terminated

within

fifteen

(15)

days

from

its

commencement. Thereafter, the IBP Board of Governors

shall within a like period of fifteen (15) days issue a

resolution

setting

forth

its

findings

and

recommendations, which shall forthwith be transmitted

to the Supreme Court for final action and if warranted,

the imposition of penalty.

Section 9. Depositions . — Depositions may be taken in

accordance with the Rules of Court with leave of the

investigator(s).

Within the Philippines, depositions may be taken before

any member of the Board of Governors, the President of

any

Chapter,

or

any

officer

authorized

by

law

to

administer oaths.

Depositions may be taken outside the Philippines before

diplomatic or consular representative of the Philippine

Government or before any person agreed upon by the

parties or designated by the Board of Governors.

Any suitable member of the Integrated Bar in the place

where a deposition shall be taken may be designated by

the

Investigator

to

assist

the

complainant

or

the

respondent in taking a deposition.

Section 10. Report of Investigator . — Not later than thirty

(30) days from the termination of the investigation, the

Investigator shall submit a report containing his findings

of

fact

and

recommendations to the IBP Board of

Governors, together with the stenographic notes and the

transcript thereof, and all the evidence presented during

the investigation. The submission of the report need not

await the transcription of the stenographic notes, it being

sufficient that the report reproduce substantially from

the

Investigator's

personal

notes

any

relevant

and

pertinent testimonies.

Section 11. Defects . — No defect in a complaint, notice,

answer, or in the proceeding or the Investigator's Report

shall be considered as substantial unless the Board of

Governors, upon considering the whole record, finds that

such defect has resulted or may result in a miscarriage of

justice, in which event the Board shall take such remedial

action

as the circumstances may warrant, including

invalidation of the entire proceedings.

Section

12.

Review

and

decision

by

the

Board

of

Governors.

a) Every case heard by an investigator shall be reviewed

by the IBP Board of Governors upon the record and

evidence transmitted to it by the Investigator with his

report. The decision of the Board upon such review shall

be in writing and shall clearly and distinctly state the facts

and

the

reasons

on

which

it

is based. It shall be

promulgated within a period not exceeding thirty (30)

days from the next meeting of the Board following the

submittal of the Investigator's Report.

b) If the Board, by the vote of a majority of its total

membership, determines that the respondent should be

suspended from the practice of law or disbarred, it shall

issue

a

resolution

setting

forth

its

findings

and

recommendations which, together with the whole record

of the case, shall forthwith be transmitted to the Supreme

Court for final action.

c) If the respondent is exonerated by the Board or the

disciplinary

sanction

imposed

by

it

is

less

than

suspension

or

disbarment

(such

as

admonition,

reprimand, or fine) it shall issue a decision exonerating

respondent or imposing such sanction. The case shall be

deemed

terminated

unless

upon

petition

of

the

complainant or other interested party filed with the

Supreme Court within fifteen (15) days from notice of the

Board's resolution, the Supreme Court orders otherwise.

d) Notice of the resolution or decision of the Board shall

be given to all parties through their counsel. A copy of the

same shall be transmitted to the Supreme Court.

B. PROCEEDINGS IN THE SUPREME COURT

Section

13.

Supreme

Court

Investigation .

—

In

proceedings initiated motu propio by the Supreme Court

or in other proceedings when the interest of justice so

requires, the Supreme Court may refer the case for

investigation to the Solicitor-General or to any officer of

the Supreme Court or judge of a lower court, in which

case the investigation shall proceed in the same manner

provided in sections 6 to 11 hereof, save that the review of

the report of investigation shall be conducted directly by

the Supreme Court.

Section 14. Report of the Solicitor General of other

Court-designated

Investigator .

—

Based

upon

the

evidence

adduced

at

the

investigation, the Solicitor

General or other Investigator designated by the Supreme

Court

shall

submit

to

the Supreme Court a report

containing his findings of fact and recommendations for

the final action of the Supreme Court.

C. COMMON PROVISIONS

Section 15. Suspension of attorney by Supreme Court . —

After receipt of respondent's answer or lapse of the period

therefor, the Supreme Court, motu propio , 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.

Section 16. Suspension of attorney by the Court of

Appeals or a Regional Trial Court . 1 — The Court of

Appeals or Regional Trial Court may suspend an attorney

from practice for any of the causes named in Rule 138,

Section 27 2 , until further action of the Supreme Court in

the case.

Section 17. Upon suspension by Court of Appeals or

Regional Trial Court, further proceedings in Supreme

Court . — Upon such suspension, the Court of Appeals or a

Regional

Trial

Court

shall

forthwith transmit to the

Supreme Court a certified copy of the order of suspension

and a full statement of the facts upon which the same

was based. Upon receipt of such certified copy and

statement,

the

Supreme

Court

shall

make

a

full

investigation of the case and may revoke, shorten or

extend the suspension, or disbar the attorney as the facts

may warrant.

Section

18.

Confidentiality .

—

Proceedings

against

attorneys shall be private and confidential. However, the

final order of the Supreme Court shall be published like

its decisions in other cases.

Section 19. Expenses . — All reasonable and necessary

expenses

incurred

in

relation

to

disciplinary

and

disbarment proceedings are lawful charges for which the

parties may be taxed as costs.

Section 20. Effectivity and Transitory Provision . — This

Rule shall take effect June 1, 1988 and shall supersede the

present Rule 139 entitled "DISBARMENT OR SUSPENSION

OF ATTORNEYS". All cases pending investigation by the

Office of the Solicitor General shall be transferred to the

Integrated Bar of the Philippines Board of Governors for

investigation and disposition as provided in this Rule

except those cases where the investigation has been

substantially completed.

Footnotes

1 This section and the following Section 17 supersede

Section 9 of Rule 139.

2 The text of Rule 138, Section 27 reads: "SEC. 27. Attorneys

removed or suspended by the Supreme Court on what

grounds. — A member of the bar may be removed or

suspended from his office as attorney by the Supreme

Court

for

any

deceit,

malpractice

or

other

gross

misconduct in such office, grossly immoral conduct, or by

reason of his conviction of a crime involving moral

© Compiled By RGL

21 of 41