RULE 139-B BAR MATTER N0.

1645 (RE: AMENDMENT

OF RULE 139-B), dated October 13, 2015
DISBARMENT AND DISCIPLINE OF
ATTORNEYS Whereas, Article VIII, Section 5(5) of the 1987
Constitution confers upon the Supreme Court
the power to promulgate rules concerning the
admission to the practice of law.
Whereas, The Supreme Court's power relating
to the admission to the practice of law
inherently includes the power to discipline and
remove from the rolls, lawyers who have
transgressed their oath and violated the Code of
Professional Responsibility.
Whereas, Dismissal of complaints filed against
lawyers is a power of the Supreme Court that
cannot be delegated to the Integrated Bar of the
Philippines.
Whereas, the motive of the complainant and
his or her action/inaction after the filing of a
verified complaint against a lawyer are not
essential to the proceedings.

Now, therefore, Sections 1, 5, 12, 13, and 15 of

Rule 139-B of the Rules of Court are amended
to read as follows:

Section 1. How Instituted. — Proceedings for Section 1. How Instituted. - Proceedings for
the disbarment, suspension, or discipline of the disbarment, suspension, or discipline of
attorneys may be taken by the Supreme attorneys may be taken by the Supreme Court
Court motu propio, or by the Integrated Bar of motu propio, or upon the filing of a verified
the Philippines (IBP) upon the verified complaint of any person before the Supreme
complaint of any person. The complaint shall Court or the Integrated Bar of the Philippines
state clearly and concisely the facts complained (IBP). The complaint shall state clearly and
of and shall be supported by affidavits of concisely the facts complained of and shall be
persons having personal knowledge of the facts supported by affidavits of persons having
therein alleged and/or by such documents as personal knowledge of the facts therein alleged
may substantiate said facts. 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 The IBP shall forward to the Supreme Court for
or by a Chapter Board of Officers, or at the appropriate disposition all complaints for
instance of any person, initiate and prosecute disbarment, suspension and discipline filed
proper charges against erring attorneys against incumbent Justices of the Court of
including those in the government service. Appeals, Sandiganbayan, Court of Tax Appeals
and judges of lower c
Six (6) copies of the verified complaint shall be ourts, or against lawyers in the government
filed with the Secretary of the IBP or the service, whether or not they are charged singly
Secretary of any of its chapter who shall or jointly with other respondents, and whether
or not such complaint deals with acts unrelated
to the discharge of their official functions. If the
forthwith transmit the same to the IBP Board of complaint is filed before the IBP, six ( 6) copies
Governors for assignment to an investigator.
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
casemotu 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).
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.”
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 Investigator will recommend
to the Board of Governors the dismissal of the
complaint.
Thereafter, the procedure in Section 12 of this
Rule shall apply. 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
No. 356)
Section 12. Review and decision by the Board Section 12. Review and recommendation by
of Governors. the Board of Governors.

a) Every case heard by an investigator a) Every case heard by an investigator shall be

shall be reviewed by the IBP Board of reviewed by the IBP Board of Governors upon
Governors upon the record and the record and evidence transmitted to it by the
evidence transmitted to it by the Investigator with his report.
Investigator with his report. The
decision of the Board upon such review b) After its review, the Board, by the vote of a
shall be in writing and shall clearly and majority of its total membership, shall
distinctly state the facts and the reasons recommend to the Supreme Court the
on which it is based. It shall be dismissal of the complaint or the imposition of
promulgated within a period not disciplinary action against the respondent.
exceeding thirty (30) days from the
next meeting of the Board following the The Board shall issue a resolution setting forth
submittal of the Investigator's Report. its findings and recommendations, clearly and
distinctly stating the facts and the reasons on
b) If the Board, by the vote of a majority which it is based.
of its total membership, determines
that the respondent should be The resolution shall be issued within a period
suspended from the practice of law or not exceeding thirty (30) days from the next
disbarred, it shall issue a resolution meeting of the Board following the submission
setting forth its findings and of the Investigator's report.
recommendations which, together with
the whole record of the case, shall c) The Board's resolution, together with the
forthwith be transmitted to the entire records and all evidence presented and
Supreme Court for final action. submitted, shall be transmitted to the Supreme
Court for final action within ten (10) days from
issuance of the resolution.
c) If the respondent is exonerated by
the Board or the disciplinary sanction
d) Notice of the resolution of the Board shall be
imposed by it is less than suspension or
given to all parties through their counsel, if
disbarment (such as admonition,
any.”
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.
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 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 13. Investigation of complaints. - In
proceedings initiated 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 Office of
the Bar Confidant, 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.
The complaint may also be referred to the IBP for
investigation, report, and recommendation.”
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 upon the
recommendation of the IBP Board of
Governors, 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.”
The amendments shall take effect fifteen (15)
days after publication in a newspaper of
general circulation.
The Integrated Bar of the Philippines is ordered
to revise its rules of procedure in accordance
with the amendments to Rule 139-B.