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DISCIPLINE OF LAWYERS
What offices are authorized to investigate disbarment cases?
(OSI)
1. Office of the Solicitor General
2. Supreme Court
3. Integrated Bar of the Philippines (IBP) through its Commission on
Bar Discipline or authorized investigators
How are disbarment cases instituted?
1. By the Supreme Court motu propio or when the interest of justice
so requires; or
2. By the IBP upon verified complaint of any person
(Par. 1, Sec. 1, Rule 139-B)
Can the IBP Booard of governors initiate charges?
Yes. The IBP Board of governors may initiate and prosecute proper
charges against erring attorneys including those in the government.
Provided: All charges against Justices of the CA and Sandiganbayan,
and Judges of the CTA and lower courts, even if lawyers are jointly
charged with them, shall be filed with the Supreme Court.
Provided further: charges filed against Justices and Judges before the
IBP, shall immediately be forwarded to the Supreme Court for
disposition and adjudication.
What are the formal requisites of a complaint for disbarment,
suspension or discipline of lawyers? (VFAD6)
1. Verified
2. Facts complained of must be stated clearly
3. Supported by Affidavits of persons having personal knowledge of
the fact therein alleged, or by such Documents as may
substantiate it;
4. Six (6) copies shall be filed with the Secretary of the IBP or of
any of its Chapters who shall forthwith transmit the same to the
IBP Board of Governors for assignment to an investigator.
What may be done by the investigating Commissioner?
1. Dismiss the complaint without delay; or
2. Proceed with the investigation
be
indirect
contempt
in
dsiciplinary
No. No decision of the IBP may become final and executory simply with
the lapse of the 15-day period. Such decision takes effect only upon
the affirmation or modification of the Court, or as ordained by the
Court. This is so because the inherent power to discipline members of
the bar belongs to the Court, not the IBP. (Maronilla vs. Jorda, et. al.,
A.C. No. 6973, March 12, 2007)
What is the procedure for Disbarment in the Supreme Court?
1. Supreme Court may refer the case for investigation to the Solicitor
General or any officer of the Supreme Court, or judge of a lower court.
2. If referred, the investigator shall proceed with the investigation and
submit a report containing his findings of fact and recommendation for
the final action directly to the Supreme Court.
What are the rules on imposition of penalties?
TYPE OF PUNISHMENT
PENALTY
DIVISION
Suspension
Over 1 year or less
Fine
P10,000 or less
Both Suspension and
Fine
EN BANC
Exceeds 1 year
More than P10,000
If Suspension exceeds
1 year or fine exceeds
P10,000
charges against