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 Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the erified complaint of any
person. !he complaint shall state clearly and concisely the facts complained of and shall be supported by affidaits of
persons haing personal kno"ledge of the facts therein alleged and#or by such documents as may substantiate said
facts.
!he IBP Board of $oernors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of
%fficers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including
those in the goernment serice.
Si& (') copies of the erified complaint shall be filed "ith the Secretary of the IBP or the Secretary of any of its
chapter "ho shall forth"ith transmit the same to the IBP Board of $oernors for assignment to an inestigator.
A. PR!EED"#$S "# %&E "#%E$RA%ED BAR ' %&E P&"L"PP"#ES
Section (. National Grievance Investigators. !he Board of $oernors shall appoint from among IBP members an
Inestigator or, "hen special circumstances so "arrant, a panel of three (() inestigators to inestigate the complaint.
)ll Inestigators shall take an oath of office in the form prescribed by the Board of $oernors. ) copy of the
Inestigator*s appointment and oath shall be transmitted to the Supreme Court.
)n Inestigator may be dis+ualified by reason of relationship "ithin the fourth degree of consanguinity of affinity to
any of the parties of their counsel, pecuniary interest, personal bias, or his haing acted as counsel to his acting as
such Inestigator. ,here the Inestigator does not dis+ualify himself, a party may appeal to the IBP Board of
$oernors, "hich by ma-ority ote of the members present, there being a +uorum, may order his dis+ualification.
)ny Inestigator may also be remoed for cause, after due hearing, by the ote of at least si& (') members of the IBP
Board of $oernors. !he decision of the Board of $oernors in all cases of dis+ualification or remoal shall be final.
Section 3. Duties of the National Grievance Investigator. !he .ational $rieance Inestigators shall inestigate all
complaints against members of the Integrated Bar referred to them by the IBP Board of $oernors.
Section ). Chapter assistance to complainant. !he proper IBP Chapter may assist the complainant(s) in the
preparation and filing of his complaint(s).
Section *. Service or dismissal. If the complaint appears to be meritorious, the Inestigator shall direct that a copy
thereof be sered upon the respondent, re+uiring him to ans"er the same "ithin fifteen (/0) days from the date of
serice. If the complaint does not merit action, or if the ans"er sho"s to the satisfaction of the Inestigator that the
complaint is not meritorious, the same may be dismissed by the Board of $oernors upon his recommendation. )
copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court "hich may reie" the
case motu propio or upon timely appeal of the complainant filed "ithin /0 days from notice of the dismissal of the
complainant.
.o inestigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution,
"ithdra"al 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. ()mendment pursuant to Supreme
Court 1esolution dated 2ay 34, /55( re Bar 2atter (0').
Section +. erification and service of answer. !he ans"er shall be erified. !he original and fie (0) legible copies
of the ans"er shall be filed "ith the Inestigator, "ith proof of serice of a copy thereof on the complainant or his
counsel.
Section ,. !dministrative counsel. !he IBP Board of $oernors shall appoint a suitable member of the Integrated
Bar as counsel to assist the complainant of the respondent during the inestigation in case of need for such
assistance.
Section -. Investigation. 6pon -oinder of issues or upon failure of the respondent to ans"er, the Inestigator shall,
"ith deliberate speed, proceed "ith the inestigation of the case. 7e shall hae the po"er to issue subpoenas and
administer oaths. !he respondent shall be gien full opportunity to defend himself, to present "itnesses on his behalf,
and be heard by himself and counsel. 7o"eer, if upon reasonable notice, the respondent fails to appear, the
inestigation shall proceed e" parte.
!he Inestigator shall terminate the inestigation "ithin three (() months from the date of its commencement, unless
e&tended for good cause by the Board of $oernors upon prior application.
,illful failure or refusal to obey a subpoena or any other la"ful order issued by the Inestigator shall be dealt "ith as
for indirect contempt of court. !he corresponding charge shall be filed by the Inestigator before the IBP Board of
$oernors "hich shall re+uire the alleged contemnor to sho" cause "ithin ten (/8) days from notice. !he IBP Board
of $oernors may thereafter conduct hearings, if necessary, in accordance "ith the procedure set forth in this 1ule
for hearings before the Inestigator. Such hearing shall as far as practicable be terminated "ithin fifteen (/0) days
from its commencement. !hereafter, the IBP Board of $oernors shall "ithin a like period of fifteen (/0) days issue a
resolution setting forth its findings and recommendations, "hich shall forth"ith be transmitted to the Supreme Court
for final action and if "arranted, the imposition of penalty.
Section 9. Depositions. 9epositions may be taken in accordance "ith the 1ules of Court "ith leae of the
inestigator(s).
,ithin the Philippines, depositions may be taken before any member of the Board of $oernors, the President of any
Chapter, or any officer authori:ed by la" to administer oaths.
9epositions may be taken outside the Philippines before diplomatic or consular representatie of the Philippine
$oernment or before any person agreed upon by the parties or designated by the Board of $oernors.
)ny suitable member of the Integrated Bar in the place "here a deposition shall be taken may be designated by the
Inestigator to assist the complainant or the respondent in taking a deposition.
Section 1.. #eport of Investigator. .ot later than thirty ((8) days from the termination of the inestigation, the
Inestigator shall submit a report containing his findings of fact and recommendations to the IBP Board of $oernors,
together "ith the stenographic notes and the transcript thereof, and all the eidence presented during the
inestigation. !he submission of the report need not a"ait the transcription of the stenographic notes, it being
sufficient that the report reproduce substantially from the Inestigator*s personal notes any releant and pertinent
testimonies.
Section 11. Defects. .o defect in a complaint, notice, ans"er, or in the proceeding or the Inestigator*s 1eport
shall be considered as substantial unless the Board of $oernors, upon considering the "hole record, finds that such
defect has resulted or may result in a miscarriage of -ustice, in "hich eent the Board shall take such remedial action
as the circumstances may "arrant, including inalidation of the entire proceedings.
Section 1(. 1eie" and decision by the Board of $oernors.
a) ;ery case heard by an inestigator shall be reie"ed by the IBP Board of $oernors upon the record
and eidence transmitted to it by the Inestigator "ith his report. !he decision of the Board upon such
reie" shall be in "riting and shall clearly and distinctly state the facts and the reasons on "hich it is based.
It shall be promulgated "ithin a period not e&ceeding thirty ((8) days from the ne&t meeting of the Board
follo"ing the submittal of the Inestigator*s 1eport.
b) If the Board, by the ote of a ma-ority of its total membership, determines that the respondent should be
suspended from the practice of la" or disbarred, it shall issue a resolution setting forth its findings and
recommendations "hich, together "ith the "hole record of the case, shall forth"ith be transmitted to the
Supreme Court for final action.
c) If the respondent is e&onerated by the Board or the disciplinary sanction imposed by it is less than
suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision e&onerating
respondent or imposing such sanction. !he case shall be deemed terminated unless upon petition of the
complainant or other interested party filed "ith the Supreme Court "ithin fifteen (/0) days from notice of the
Board*s resolution, the Supreme Court orders other"ise.
d) .otice of the resolution or decision of the Board shall be gien to all parties through their counsel. ) copy
of the same shall be transmitted to the Supreme Court.
B. PR!EED"#$S "# %&E SUPRE/E !UR%
Section 13. Supreme Court Investigation. In proceedings initiated motu propio by the Supreme Court or in other
proceedings "hen the interest of -ustice so re+uires, the Supreme Court may refer the case for inestigation to the
Solicitor<$eneral or to any officer of the Supreme Court or -udge of a lo"er court, in "hich case the inestigation shall
proceed in the same manner proided in sections ' to // hereof, sae that the reie" of the report of inestigation
shall be conducted directly by the Supreme Court.
Section 1). #eport of the Solicitor General of other Court$designated Investigator. Based upon the eidence
adduced at the inestigation, the Solicitor $eneral or other Inestigator 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.
!. !//# PR0"S"#S
Section 1*. Suspension of attorne% b% Supreme Court. )fter receipt of respondent*s ans"er or lapse of the period
therefor, the Supreme Court, motu propio, or at the instance of the IBP Board of $oernors upon the
recommendation of the Inestigator, may suspend an attorney from the practice of his profession for any of the
causes specified in 1ule /(=, Section 34, during the pendency of the inestigation until such suspension is lifted by
the Supreme Court.
Section 1+. Suspension of attorne% b% the Court of !ppeals or a #egional &rial Court. 1 !he Court of )ppeals or
1egional !rial Court may suspend an attorney from practice for any of the causes named in 1ule /(=, Section 34 (,
until further action of the Supreme Court in the case.
Section 1,. 'pon suspension b% Court of !ppeals or #egional &rial Court, further proceedings in Supreme Court.
6pon such suspension, the Court of )ppeals or a 1egional !rial Court shall forth"ith transmit to the Supreme Court a
certified copy of the order of suspension and a full statement of the facts upon "hich the same "as based. 6pon
receipt of such certified copy and statement, the Supreme Court shall make a full inestigation of the case and may
reoke, shorten or e&tend the suspension, or disbar the attorney as the facts may "arrant.
Section 1-. Confidentialit%. Proceedings against attorneys shall be priate and confidential. 7o"eer, the final
order of the Supreme Court shall be published like its decisions in other cases.
Section 19. ("penses. )ll reasonable and necessary e&penses incurred in relation to disciplinary and disbarment
proceedings are la"full charges for "hich the parties may be ta&ed as costs.
Section (.. (ffectivit% and &ransitor% Provision. !his 1ule shall take effect >une /, /5== and shall supersede the
present 1ule /(5 entitled ?9ISB)12;.! %1 S6SP;.SI%. %@ )!!%1.;AS?. )ll cases pending inestigation by
the %ffice of the Solicitor $eneral shall be transferred to the Integrated Bar of the Philippines Board of $oernors for
inestigation and disposition as proided in this 1ule e&cept those cases "here the inestigation has been
substantially completed.
'ootnotes
/ !his section and the follo"ing Section /4 sepersede Section 5 of 1ule /(5.
3 !he te&t of 1ule /(=, Section 34 readsB ?S;C. 34. )ttorneys remoed or suspended by the Supreme Court
on "hat grounds. ) member of the bar may be remoed or suspended form 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 coniction of a crime inoling moral turpitude, or for any iolation of the oath
"hich he is re+uired to take before admission to practice, or for a "illful disobedience of any la"ful order of a
superior court, or for corruptly or "illfully appearing as an attorney for a party to a case "ithout authority so
to do. !he practice of soliciting cases at la" for the purpose of gain, either personally or through paid agents
or brokers, constitutes malpractice.