Rules of Court of the Philippines

Sunday, September 19, 2010

Rule 139 [Disbarment or Suspension of Attorneys]
RULE 139
DISBARMENT OR SUSPENSION OF ATTORNEYS*
[*superseded by Rule 139-B]

SECTION 1. Motion or complaint.Proceedings for the

removal or suspension of attorneys may be taken by the
Supreme Court on its own motion or upon the complaint
under oath of another in writing. The complaint shall set
out distinctly, clearly, and concisely the facts complained
of, supported by affidavits, if any, of persons having
personal knowledge of the facts therein alleged and shall
be accompanied with copies of such documents as may
substantiate said facts.

SEC. 2. Service or dismissal.If the complaint appears to

merit action, a copy thereof shall be served upon the
respondent, requiring him to answer the same within ten
(10) days from the date of service. If the complaint does
not merit action, or if the answer shows to the
satisfaction of the Supreme Court that the complaint is
not meritorious, the same shall be dismissed.

SEC. 3. Investigation by Solicitor General.Upon the

issues raised by the complaint and answer, or upon
failure of the respondent to answer, the case shall be
referred to the Solicitor General for investigation to
determine if there is sufficient ground to proceed with the
prosecution of the respondent. In the investigation
conducted by the Solicitor General, the respondent shall
be given full opportunity to defend himself, to produce
witnesses on his own behalf, and to be heard by himself
and counsel. However, if upon reasonable notice, the
respondent fails to appear, the investigation shall
proceed ex parte.

SEC. 4. Report of the Solicitor General.Based upon the

evidence adduced at the hearing, if the Solicitor General
finds no sufficient ground to proceed against the
respondent, he shall submit a report to the Supreme
Court containing his findings of fact and conclusion,
whereupon the respondent shall be exonerated unless the
court orders differently.

SEC. 5. Complaint of the Solicitor General. Answer of

respondent.If the Solicitor General finds sufficient
ground to proceed against the respondent, he shall file
the corresponding complaint, accompanied with all the
evidence introduced in his investigation, with the
Supreme Court, and the respondent shall be served by
the clerk of the Supreme Court with a copy of the
complaint with direction to answer the same within fifteen
(15) days.

SEC. 6. Evidence produced before Solicitor General

available.The evidence produced before the Solicitor
General in his investigation may be considered by the
Supreme Court in the final decision of the case, if the
respondent had an opportunity to object and cross-
examine. If in the respondent's answer no statement is
made as to any intention of introducing additional
evidence, the case shall be set down for hearing, upon
the filing of such answer or upon the expiration of the
time to file the same.
SEC. 7. Commissioner to investigate and recommend.
Rules of evidence.Upon receipt of the respondent's
answer, wherein a statement is made as to his desire to
introduce additional evidence, the case shall be referred
to a commissioner who, in the discretion of the court,
may be the clerk of the Supreme Court, a judge of the
Regional Trial Court, or an attorney-at-law for
investigation, report, and recommendation. The Solicitor
General or his representative shall appear before the
commissioner to conduct the prosecution. The
respondent shall be given full opportunity to defend
himself, to produce additional evidence in his own behalf,
and to be heard by himself and counsel. However, if upon
reasonable notice the respondent fails to appear, the
investigation shall proceed ex parte. The rules of
evidence shall be applicable to proceedings of this
nature.

SEC. 8. Report of commissioner and hearing.Upon

receipt of the report of the commissioner, copies of which
shall be furnished the Solicitor General and the
respondent, the case shall be set down for hearing before
the court, following which the case shall be considered
submitted to the court for its final determination.

SEC. 9. Procedure in Court of Appeals or Regional Trial

Court.As far as may be applicable, the procedure above
outlined shall likewise govern the filing and investigation
of complaints against attorneys in the Court of Appeals or
in Regional Trial Court. In case of suspension of the
respondent, the judge of Regional Trial Court or Justice of
the Court of Appeals shall forthwith transmit to the
Supreme Court a certified copy of the order of suspension
and a full statement of the facts upon which same is
based.

SEC. 10. Confidential.Proceedings against attorneys

shall be private and confidential, except that the final
order of the court shall be made public as in other cases
coming before the court.
Posted by Dr. R. Cham G. Zuiga VI at 4:20 AM
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