RULE 139-B BAR MATTER N0.

1645 (RE: AMENDMENT OF RULE 139-B), dated

Disbarment and Discipline of Attorneys October 13, 2015
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 Section 1. How Instituted. - Proceedings for the disbarment, suspension,
Court motu propio, or by the Integrated Bar of the Philippines (IBP) or discipline of attorneys may be taken by the Supreme Court motu
upon the verified complaint of any person. The complaint shall state propio, or upon the filing of a verified complaint of any person before
clearly and concisely the facts complained of and shall be supported the Supreme Court or the Integrated Bar of the Philippines (IBP). The
by affidavits of persons having personal knowledge of the facts therein complaint shall state clearly and concisely the facts complained of
alleged and/or by such documents as may substantiate said facts. 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
The IBP shall forward to the Supreme Court for appropriate disposition
of any person, initiate and prosecute proper charges against erring
all complaints for disbarment, suspension and discipline filed against
attorneys including those in the government service.
incumbent Justices of the Court of Appeals, Sandiganbayan, Court of
Tax Appeals and judges of lower courts, or against lawyers in the
Six (6) copies of the verified complaint shall be filed with the Secretary
government service, whether or not they are charged singly or jointly
of the IBP or the Secretary of any of its chapter who shall forthwith
with other respondents, and whether or not such complaint deals with
transmit the same to the IBP Board of Governors for assignment to an
acts unrelated to the discharge of their official functions.
investigator.
If the complaint is filed before the IBP, six ( 6) copies of the verified
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES 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
Section 2. National Grievance Investigators. — The Board of Governors Board of Governors for assignment to an investigator.”
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.
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 A. PROCEEDINGS IN THE INTEGRATED BAR OF THE
his complaint(s). PHILIPPINES

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).
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 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 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
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 recommendation by the Board of Governors.
Section 12. Review and decision by the Board of Governors.
a) Every case heard by an investigator shall be reviewed by the IBP
a) Every case heard by an investigator shall be reviewed by the IBP Board of Board of Governors upon the record and evidence transmitted to it
Governors upon the record and evidence transmitted to it by the Investigator by the Investigator with his report.
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 b) After its review, the Board, by the vote of a majority of its total
based. It shall be promulgated within a period not exceeding thirty (30) days membership, shall recommend to the Supreme Court the dismissal of
from the next meeting of the Board following the submittal of the Investigator's the complaint or the imposition of disciplinary action against the
Report. respondent.

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.
The Board shall issue a resolution setting forth its findings and
recommendations, clearly and distinctly stating the facts and the
reasons on which it is based.
The resolution shall be issued within a period not exceeding thirty (30)
days from the next meeting of the Board following the submission of
the Investigator's report.
c) The Board's resolution, together with the entire records and all
evidence presented and submitted, shall be transmitted to the
Supreme Court for final action within ten (10) days from issuance of
the resolution.

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.
B. PROCEEDINGS IN 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.”
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 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.
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
lawfull 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.

RULE 140 – superseded (don’t read!)
Charges Against Judges of First Instance
Section 1. Complaint - All Charges against judges of first instance shall
be in writing and shall set out distinctly, clearly, and concisely the facts
complained of as constituting the alleged serious misconduct or
inefficiency of the respondent, and shall be sworn to and supported
by affidavits of persons who have personal knowledge of the facts
therein alleged, and shall be accompanied with copies of documents
which may substantiate said facts.
Section 2. Service or dismissal. - If the charges appear to merit action,
a copy thereof shall be served upon the respondent, requiring him to
answer within ten (10) days from the date service. If the charges do
not merit action, or if the answer shows to the satisfaction of the court
that the charges are not meritorious, the same shall be dismissed.
Section 3. Answer; hearing. - Upon the filing of respondents answer or
upon the expiration of the time for its filing, the court shall assign one
of its members, a Justice of the Court of Appeals or a judge of first
instance to conduct the hearing of the charges. The Justice or judge
so assigned shall set a day for the hearing, and notice thereof shall be
served on both parties. At such hearing the parties may present oral
or written evidence.
Section 4. Report - After the hearing, the Justice or judge shall file with
the Supreme Court a report of his findings of fact and conclusions of
law, accompanied by the evidence presented by the parties and the
other papers in the case.
Section 5. Action - After the filing of the report, the court will take such
action as the facts and the law may warrant.
Section 6. Confidential. - Proceedings against judges of first instance
shall be private and confidential.
A.M. NO. 01-8-10-SC
AMENDMENT TO RULE 140 OF THE RULES OF COURT RE: DISCIPLINE
OF JUSTICES AND JUDGES
DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND
JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
SECTION 1. How instituted. – Proceedings for the discipline of judges of
regular and special courts and Justices of the Court of Appeals and
the Sandiganbayan may be instituted motu proprio by the Supreme
Court or upon a verified complaint, supported by affidavits of person
who have personal knowledge of the facts alleged therein or by
documents which may substantiate said allegations, or upon an
anonymous complaint, supported by public records of indubitable
integrity. The complaint shall be in writing and shall state clearly and
concisely the acts and omissions constituting violations of standards of
conduct prescribed for Judges by law, the Rules of Court, or the Code
of Judicial Conduct.
SEC. 2. Action on the complaint. – If the complaint is sufficient in form
and substance, a copy thereof shall be served upon the respondent,
and he shall be required to comment within ten (10) days from the
date of service. Otherwise, the same shall be dismissed.
SEC. 3. By whom complaint investigated. – Upon the filing of the
respondent’s comment, or upon the expiration of the time for filing the
same and unless other pleadings or documents are required, the
Court shall refer the matter to the Office of the Court Administrator for
evaluation, report, and recommendation or assign the case for
investigation, report, and recommendation to a retired member of the
Supreme Court, if the respondent is a Justice of the Court of Appeals
and the Sandiganbayan, or to a Justice of the Court of Appeals, if the
respondent is a Judge of a Regional Trial Court or of a special court of
equivalent rank, or to a Judge of the Regional Trial Court if the
respondent is a Judge of an inferior court.
SEC. 4. Hearing. – the investigating Justice or Judge shall set a day of
the hearing and send notice thereof to both parties. At such hearing
the parties may present oral and documentary evidence. If, after due
notice, the respondent fails to appear, the investigation shall proceed
ex parte.
The Investigating Justice or Judge shall terminate the investigation
within ninety (90) days from the date of its commencement or within
such extension as the Supreme Court may grant.
SEC. 5. Report. – Within thirty (30) days from the termination of the
investigation, the investigating Justice or Judge shall submit to the
Supreme Court a report containing findings of fact and
recommendation. The report shall be accompanied by the record
containing the evidence and the pleadings filed by the parties. The
report shall be confidential and shall be for the exclusive use of the
Court.
SEC. 6. Action. – The Court shall take such action on the report as the
facts and the law may warrant.
SEC. 7. Classification of charges. – Administrative charges are
classified as serious, less serious, or light.
SEC. 8. Serious charges. – Serious charges include:
1. Bribery, direct or indirect;
2. Dishonesty and violations of the Anti-Graft and Corrupt Practices
Law (R.A. No. 3019);
3. Gross misconduct constituting violations of the Code of Judicial
Conduct;
4. Knowingly rendering an unjust judgment or order as determined by
a competent court in an appropriate proceeding;
5. Conviction of a crime involving moral turpitude;
6. Willful failure to pay a just debt;
7. Borrowing money or property from lawyers and litigants in a case
pending before the court;
8. Immorality;
9. Gross ignorance of the law or procedure;
10. Partisan political activities; and
11. Alcoholism and/or vicious habits.
SEC. 9. Less Serious Charges. – Less serious charges include:
1. Undue delay in rendering a decision or order, or in transmitting the
records of a case;
2. Frequently and unjustified absences without leave or habitual
tardiness;
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives, and circulars;
5. Receiving additional or double compensation unless specifically
authorized by law;
6. Untruthful statements in the certificate of service; and
7. Simple Misconduct.
SEC. 10. Light Charges. – Light charges include:
1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending case/cases in his
court; and
4. Undue delay in the submission of monthly reports.
SEC. 11. Sanctions. – A. If the respondent is guilty of a serious charge,
any of the following sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as
the Court may determine, and disqualification from reinstatement or
appointment to any public office, including government-owned or
controlled corporations. Provided, however, that the forfeiture of
benefits shall in no case include accrued leave credits;
2. Suspension from office without salary and other benefits for more
than three (3) but not exceeding six (6) months; or
3. A fine of more than P20,000.00 but not exceeding P40,000.00
B. If the respondent is guilty of a less serious charge, any of the
following sanctions shall be imposed:
1. Suspension from office without salary and other benefits for not less
than one (1) nor more than three (3) months; or
2. A fine of more than P10,000.00 but not exceeding P20,000.00.
C. If the respondent is guilty of a light charge, any of the following
sanctions shall be imposed:
1. A fine of not less than P1,000.00 but not exceeding P10,000.00
and/or
2. Censure;
3. Reprimand;
4. Admonition with warning.
SEC. 12. Confidentiality of proceedings. – Proceedings against Judges
of regular and special courts and Justices of the Court of Appeals and
the Sandiganbayan shall be private and confidential, but a copy of
the decision or resolution of the court shall be attached to the record
of the respondent in the Office of the Court Administrator.
These amendments to Rule 140 shall take effect on October 1, 2001
following their publication in two newspapers of general circulation on
or before September 15, 2001.