Professional Documents
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Rule 139
Rule 139
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 5. Service or dismissal. — If the complaint appears to be Section 5. Service or dismissal. - If the complaint appears to be
meritorious, the Investigator shall direct that a copy thereof be served meritorious, the Investigator shall direct that a copy thereof be served
upon the respondent, requiring him to answer the same within fifteen upon the respondent, requiring him to answer the same within fifteen
(15) days from the date of service. If the complaint does not merit (15) days from the date of service.
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 If the complaint does not merit action, or if the answer shows to the
Board of Governors upon his recommendation. A copy of the satisfaction of the Investigator that the complaint is not meritorious, the
resolution of dismissal shall be furnished the complainant and the Investigator will recommend to the Board of Governors the dismissal of
Supreme Court which may review the casemotu propio or upon timely the complaint. Thereafter, the procedure in Section 12 of this Rule shall
appeal of the complainant filed within 15 days from notice of the apply.
dismissal of the complainant.
No investigation shall be interrupted or terminated by reason of the
No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the
desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same, unless
charges, or failure of the complainant to prosecute the same,unless the Supreme Court motu propio or upon recommendation of the IBP
the Supreme Court motu propio or upon recommendation of the IBP Board of Governors, determines that there is no compelling reason to
Board of Governors, determines that there is no compelling reason to continue with the disbarment or suspension proceedings against the
continue with the disbarment or suspension proceedings against the respondent.”
respondent. (Amendment pursuant to Supreme Court Resolution
dated May 27, 1993 re Bar Matter 356). (Amendment pursuant to Supreme Court Resolution dated May 27,
1993 re Bar Matter No. 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.
b) If the Board, by the vote of a majority of its total membership, determines The Board shall issue a resolution setting forth its findings and
that the respondent should be suspended from the practice of law or recommendations, clearly and distinctly stating the facts and the
disbarred, it shall issue a resolution setting forth its findings and
reasons on which it is based.
recommendations which, together with the whole record of the case, shall
forthwith be transmitted to the Supreme Court for final action.
The resolution shall be issued within a period not exceeding thirty (30)
c) If the respondent is exonerated by the Board or the disciplinary sanction
days from the next meeting of the Board following the submission of
imposed by it is less than suspension or disbarment (such as admonition, the Investigator's report.
reprimand, or fine) it shall issue a decision exonerating respondent or imposing
such sanction. The case shall be deemed terminated unless upon petition of c) The Board's resolution, together with the entire records and all
the complainant or other interested party filed with the Supreme Court within evidence presented and submitted, shall be transmitted to the
fifteen (15) days from notice of the Board's resolution, the Supreme Court Supreme Court for final action within ten (10) days from issuance of
orders otherwise. 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 B. PROCEEDINGS IN THE SUPREME COURT
initiated motu propio by the Supreme Court or in other proceedings
when the interest of justice so requires, the Supreme Court may refer Section 13. Investigation of complaints. - In proceedings initiated by
the case for investigation to the Solicitor-General or to any officer of the Supreme Court, or in other proceedings when the interest of justice
the Supreme Court or judge of a lower court, in which case the so requires, the Supreme Court may refer the case for investigation to
investigation shall proceed in the same manner provided in sections 6 the Office of the Bar Confidant, or to any officer of the Supreme Court
to 11 hereof, save that the review of the report of investigation shall or judge of a lower court, in which case the investigation shall proceed
be conducted directly by the Supreme Court. 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
The complaint may also be referred to the IBP for investigation, report,
investigation, the Solicitor General or other Investigator designated by
and recommendation.”
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
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 Section 15. Suspension of attorney by Supreme Court. - After receipt
Court, motu propio, or at the instance of the IBP Board of Governors of respondent's answer or lapse of the period therefor, the Supreme
upon the recommendation of the Investigator, may suspend an Court, motu propio, or upon the recommendation of the IBP Board of
attorney from the practice of his profession for any of the causes Governors, may suspend an attorney from the practice of his
specified in Rule 138, Section 27, during the pendency of the profession for any of the causes specified in Rule 138, section 27, during
investigation until such suspension is lifted by the Supreme Court. 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 The amendments shall take effect fifteen (15) days after publication in
may suspend an attorney from practice for any of the causes named a newspaper of general circulation.
in Rule 138, Section 27 2, until further action of the Supreme Court in
the case. 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 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!) A.M. NO. 01-8-10-SC
Charges Against Judges of First Instance AMENDMENT TO RULE 140 OF THE RULES OF COURT RE: DISCIPLINE
OF JUSTICES AND JUDGES
Section 1. Complaint - All Charges against judges of first instance shall
be in writing and shall set out distinctly, clearly, and concisely the facts DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND
complained of as constituting the alleged serious misconduct or JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
inefficiency of the respondent, and shall be sworn to and supported
by affidavits of persons who have personal knowledge of the facts SECTION 1. How instituted. – Proceedings for the discipline of judges of
therein alleged, and shall be accompanied with copies of documents regular and special courts and Justices of the Court of Appeals and
which may substantiate said facts. the Sandiganbayan may be instituted motu proprio by the Supreme
Court or upon a verified complaint, supported by affidavits of person
Section 2. Service or dismissal. - If the charges appear to merit action, who have personal knowledge of the facts alleged therein or by
a copy thereof shall be served upon the respondent, requiring him to documents which may substantiate said allegations, or upon an
answer within ten (10) days from the date service. If the charges do anonymous complaint, supported by public records of indubitable
not merit action, or if the answer shows to the satisfaction of the court integrity. The complaint shall be in writing and shall state clearly and
that the charges are not meritorious, the same shall be dismissed. concisely the acts and omissions constituting violations of standards of
conduct prescribed for Judges by law, the Rules of Court, or the Code
Section 3. Answer; hearing. - Upon the filing of respondents answer or of Judicial Conduct.
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 SEC. 2. Action on the complaint. – If the complaint is sufficient in form
instance to conduct the hearing of the charges. The Justice or judge and substance, a copy thereof shall be served upon the respondent,
so assigned shall set a day for the hearing, and notice thereof shall be and he shall be required to comment within ten (10) days from the
served on both parties. At such hearing the parties may present oral date of service. Otherwise, the same shall be dismissed.
or written evidence.
SEC. 3. By whom complaint investigated. – Upon the filing of the
Section 4. Report - After the hearing, the Justice or judge shall file with respondent’s comment, or upon the expiration of the time for filing the
the Supreme Court a report of his findings of fact and conclusions of same and unless other pleadings or documents are required, the
law, accompanied by the evidence presented by the parties and the Court shall refer the matter to the Office of the Court Administrator for
other papers in the case. evaluation, report, and recommendation or assign the case for
investigation, report, and recommendation to a retired member of the
Section 5. Action - After the filing of the report, the court will take such Supreme Court, if the respondent is a Justice of the Court of Appeals
action as the facts and the law may warrant. 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
Section 6. Confidential. - Proceedings against judges of first instance equivalent rank, or to a Judge of the Regional Trial Court if the
shall be private and confidential. respondent is a Judge of an inferior court.
SEC. 9. Less Serious Charges. – Less serious charges include: SEC. 12. Confidentiality of proceedings. – Proceedings against Judges
1. Undue delay in rendering a decision or order, or in transmitting the of regular and special courts and Justices of the Court of Appeals and
records of a case; the Sandiganbayan shall be private and confidential, but a copy of
2. Frequently and unjustified absences without leave or habitual the decision or resolution of the court shall be attached to the record
tardiness; of the respondent in the Office of the Court Administrator.
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives, and circulars; These amendments to Rule 140 shall take effect on October 1, 2001
5. Receiving additional or double compensation unless specifically following their publication in two newspapers of general circulation on
authorized by law; or before September 15, 2001.