1.

Forms of Disciplinary Measures:

Warning an act of putting one on his guard against an impending danger,
evil consequence or penalty.
Admonition a gentle or friendly reproof, mild rebuke, warning, reminder
or counseling on a fault, error or oversight, an expression of authoritative advice.
Reprimand a public and formal censure or severe reproof, administered
to a person at fault by his superior officer or the body to which he belong.
Suspension a temporary withholding of a lawyers rights to practice his
profession as a lawyer for a certain period or for an indefinite period of time.
Definite.
Indefinite qualified disbarment; lawyer determines for himself how
long or short his suspension shall last by proving to court that he is once again
fit to resume practice of law.
Censure official reprimand.
Disbarment is the act of the Philippine Supreme Court of withdrawing
from an attorney the right to practice law. The name of the lawyer is stricken out
from the roll of attorneys.
Rule 138 Section 27
Section 27. Attorneys removed or suspended by 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 turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
Section 28. Suspension of attorney by the Court of Appeals or a Court of First
Instance. The Court of Appeals or a Court of First Instance may suspend an attorney
from practice for any of the causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises.
Section 29. Upon suspension by the Court of Appeals or Court of First Instance,
further proceedings in Supreme Court. Upon such suspension, the Court of Appeals

or the Court of First Instance 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 the receipt of such certified copy and statement, the Supreme Court
shall make a full investigation of the facts involved and make such order revoking or
extending the suspension, or removing the attorney from his office as such, as the facts
warrant.
Section 30. Attorney to be heard before removal or suspension. No attorney
shall be removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer the accusation, the court may proceed
to determine the matter ex parte.
Rule 138-B Section 16
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.
2. Nature and Characteristics of Disciplinary Actions against Lawyers
a. Guevarra vs. Eala, 529 SCRA 1

Administrative cases against lawyers belong to a class of their own.

They are distinct from and they may proceed independently of civil and
criminal cases.

b. Lee vs. Tambago, 544 SCRA 393

- Disbarment is the most severe from of disciplinary sanction.
c. Sebastian vs. Bajar, 532 SCRA 435
- Administrative proceedings against lawyers are sui generis and they
belong to a class of their own. They are neither civil nor criminal actions
but rather investigations by the Court into the conduct of its officer.
They involve no private interest and afford no redress for private
grievance. Clear preponderant evidence is necessary to justify the
imposition of the penalty in disbarment or suspension proceedings.
d. Pimentel, Jr. vs. Llorente, 339 SCRA 154
- Disbarment proceedings are undertaken solely for public welfare. The
sole question for determination is whether a member of the bar is fit to
be allowed the privilege as such or not. The complainant or the person
who called the attention of the court to the attorneys alleged
misconduct is in no sense a party, and generally has no interest in the
outcome except as all good citizens may have in the proper
administration of justice. For this reason, law dealing with double
jeopardy or prescription or with procedure-like verification of pleadings
and prejudicial questions have no application to disbarment
proceedings.
e. The burden of proof rests upon the complainant. The lawyer enjoys the legal
presumption of innocence.
f. Disbarment should never be decreed where any lesser penalty would accomplish
the end desired.
Characteristics:
1. Neither civil nor a criminal proceeding.
2. Double jeopardy cannot be availed of in a disbarment proceeding against an
attorney, since disbarment does not partake of a criminal proceedings;
3. Can proceed regardless of interest or lack of interest of the complainants if
the facts proven so warrant;
4. Imprescriptible;
5. Conducted confidentially until its final determination;
6. It is itself due process of law;
7. Whatever has been decided in a disbarment case cannot be a source of right
that maybe enforced in another action;
8. In pari delicto rule not applicable;
9. No prejudicial question in disbarment proceedings;

10. Penalty in a disbarment case cannot be in the alternative nor be subject to a

condition; and
11. Monetary claims cannot be granted, except restitution and return of monies
and properties of client given in the course of the lawyer-client relationship.
3. Main Objective of Disbarment and Suspension
a. to compel the attorney to deal fairly and honestly with clients;
b. to remove from the profession a person whose misconduct has proved
him unfit to be entrusted with the duties and responsibilities belonging to
the office of the attorney;
c. to punish the lawyer although not so much so as to safeguard the
administration of justice;
d. to set an example or a warning for the other members of the bar;
e. to safeguard the administration of justice from incompetence and
dishonesty of lawyers;
f. to protect the public.
4. Grounds for Suspension or Disbarment
Rule 138 Section 27 of the Rules of Court:
i. Deceipt a fraudulent and deceptive misrepresentation,
artifice or device used by one or more persons to deceive and
trick another who is ignorant of the true facts, to the prejudice
and damage of the party upon which it was imposed. There
must be false representations as a matter of fact.
ii. Malpractice or other gross misconduct in office. any
malfeasance of dereliction of duty committed by a lawyer.
iii. Grossly immoral conduct the conduct which is willful,
flagrant or shameless and which shows a moral indifference to
the opinion of the good and respectable members of the
community.
Sexual intimacy of two consenting adults with no impediment
to marry each other is not grossly immoral to warrant
disciplinary action.
iv. Conviction of a crime involving moral turpitude;
v. Violation of oath of office;
vi. Willful disobedience of any lawful order of a superior court;
and
vii. Corrupt or willful appearance as an attorney for a client
without authority to do so.

Note: the above statutory enumeration of the grounds for disbarment or

suspension is not exclusive.
Any misconduct of a lawyer, whether in his professional or private capacity which
puts his moral character in serious doubt as a member of the Bar, will render him
unfit to continue in the practice of law.
In Toledo vs. Abalos (1999), the Supreme Court held that a lawyer may not be
disciplined for failure to pay her loan obligation. The remedy is to file an action for
collection against her in the regular courts.
However, inordinate refusal to pay a loan obligation or unwarranted obstinacy in
evading the payment of a debt has been considered gross misconduct and
hence, a ground for disbarment. (Constantino vs. Saludares, 1993).
Other Statutory Grounds
Art. 1491 of the Civil Code Acquisition of an interest in the subject matter
of the litigation, either thru purchase or assignment.
Art. 208 of the Revised Penal Code Breach of professional duty,
inexcusable negligence, or ignorance, or for the revelation of the clients secrets.
Representing conflicting interests.
5. Proceedings for Disbarment and Other Disciplinary Measures
A. Officers authorized to investigate disbarment cases.
a. Supreme Court;
b. Integrated Bar of the Philippines through its Commission on Bar
Discipline or authorized investigators; or
c. Office of the Solicitor General.
No investigation shall be terminated by reason of the desistance of the
complainant to prosecute EXCEPT if there is nothing more which could
substantiate the charge, then affidavit of desistance will cause the
dismissal of the case.
In complaints for disbarment, formal investigation is necessary. (Nava vs.
Sorongan 421 SCRA 1)
EX PARTE investigation may only be conducted when respondent fails to
appeal despite reasonable notice. (Cottan vs. Laysa, 326 SCRA 614)
Note: The IBP Board of Governors may initiate and prosecute proper charges
against erring attorneys including those in the government:

a.
b.
c.
d.

Motu proprio;
Upon referral by the SC;
By a Chapter Board of Officers;
At the instance of any person.

B. The complaint must be:

a. Verified;
b. State clearly and concisely the facts complained of;
c. Supported by affidavits of persons having personal knowledge of the
facts therein alleged, or by such documents as may substantiate it; or
d. Six copies shall be filed with the Secretary of IBP or any of its
Chapters.
Rule 139-B Section 1
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.
6. Effect of death of lawyer during pendency of disciplinary action
7. Mitigating Circumstances
-

Good Faith
Absence of prior disciplinary record
Personal or emotional problems
Character or reputation
Physical or mental disability or impairment
Delay in disciplinary proceedings
Inexperience of the lawyer
Age
Apology
Remorse
Remoteness of prior offenses

Lack of intention to slight or offend the Court

8. Agravating Circumstances
-

Abuse of Authority
Multiple offenses
Prior disciplinary offenses
Dishonest or selfish motive
Refusal to acknowledge wrongful nature of the conduct
Charge of gross immorality
Vulnerability of the victim
Substantial experience in the practice of law
Previous dismissal as a member of the Bar.

9. Res Ipsa Loquitor (the thing speaks for itself)

-

This principle applies to both judges and lawyers. Judges has been
dismissed from service without need of formal investigationbecause
based on records, the gross misconduct or inefficiency of judges
clearly appears. (Uy vs. Mercado, A.M. No. R-368-MTJ, September 1987)
If on the basis of the lawyers comment, it appears that he has so
conducted himself in a manner which exhibits his blatant disrespect to
the court, or his want of good moral character or his violation of the
attorneys oath, the lawyer may be suspended or disbarred without need
of a trial-type proceeding.

10. Discipline of Lawyers Practicing Abroad

-

If a Filipino lawyer is disbarred or suspended in a foreign jurisdiction

under the same grounds as provided by the Rules of Court, such
disbarment or suspension is a ground for disbarment or suspension in
the Philippines.
The judgment or resolution of the foreign court shall be prima facie
evidence of the ground for disbarment or suspension.

11. Readmission to the Bar

a. Reinstatement it is the restoration to a disbarred lawyer, the privilege to
practice law. It is nothing more than readmission to membership in the Bar.
The SC alone has the authority to reinstate.
Reinstatement wipes out the restrictions ad disabilities resulting from a
previous disbarment.

Article VIII, Section 5(5) 1987 Constitution

b. Criteria for Reinstatement
-

Applicants character and standing prior to the disbarment;

Nature and character of the charge for which he was discharged;
His conduct subsequent to the disbarment;
Time that elapsed between disbarment and application for
reinstatement;
Applicants appreciation of the significance of his dereliction and
assurance that he now possesses the requisite probity and integrity;
Favorable endorsement of the IBP and pleas of loved ones.

c. Effects of Reinstatement
-

Recognition of moral rehabilitation and mental fitness to practice law.

Lawyer shall be subjected to the same law, rules and regulations as
those applicable to any lawyer;
Lawyer must comply with the conditions imposed on his readmission.

Lawyers who have been suspended

-

The suspension of a lawyer from the practice of law, especially when the
suspension is indefinite, requires strong proofs of rehabilitation.
(Artiaga Jr. vs. Villanueva, 175 SCRA 237)

Lawyers who have been disbarred

-

To be reinstated, there is still a need of filing of an appropriate petition

with the Supreme Court (In re: Rovero, 101 SCRA 803; In re: Quinciano
D. Vailoces, 117 SCRA 1)
In re: Quinciano D. Vaicoles, 117 SCRA 1

Executive Pardon
-

The executive pardon for a conviction of a crime alone does not

automatically reinstate a disbarred lawyer.
To be reinstated, there is still a need for the filing of an appropriate
petition with the Supreme Court.
The dismissal of the case on the basis of Executive Pardon during the
pendency of a disbarment proceeding will depend on whether the
executive pardon is absolute or conditional.
If the pardon is absolute, the case will be dismissed. If the executive
pardon is conditional, dismissal will not necessarily follow.