Disbarment Proceeding
Disbarment Proceeding
1. Supreme Court
2. IBP through its Commission on Bar Discipline or authorized investigators
3. Office of the Solicitor General
The Court of Appeals and Regional Trial Courts can only investigate and take
action against lawyers who appear for litigants in cases pending before them.
The Court of Appeals and Regional Trial Courts, however, may only suspend
but not disbar an attorney from practice of law for any of the causes stated in
Section 16, Rule 139-B of the Rules of Court. The lawyer, once suspended,
shall not practice law until the Supreme Court orders otherwise.
The Supreme Court may motu propio initiate the proceedings when they
perceive acts of lawyers deserve sanctions, or when their attention is called by
anyone and a probable cause exists that an act which requires disciplinary
action was perpetrated by a lawyer.
A complaint for disbarment may be filed directly in the Supreme Court, the
IBP National Office located at the IBP Bldg., Julia Vargas St., Ortigas Center,
Pasig City, or in any of the IBP Chapter Offices in the Country.
The Supreme Court usually refers disbarment cases to the IBP for
investigation. Nevertheless, it may in certain circumstances opt to investigate
the case by itself.
V. How the Complaint is Instituted
1. Complainant files six (6) copies of a verified complaint with the IBP.
2. The IBP Board of Governors shall appoint from among the IBP members
an investigator or a panel of three investigators where special
circumstances so warrant.
3. The IBP Board of Governors shall also appoint a suitable member of the
Integrated Bar as counsel to assist the complainant or respondent during
the investigation in case of need for such assistance.
4. If the complaint appears to be meritorious, the investigator shall direct
that a copy thereof be served upon the respondent, requiring him to file a
verified answer within 15 days from the date of service.
*If complaint does not merit action or if the answer of respondent lawyer
shows to the satisfaction of the investigator that the complaint is not
meritorious, the complaint may be dismissed by the Board of Governors
upon the investigator’s recommendation.
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.
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.
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.