Discipline of Lawyers

- A disciplinary proceeding is a sui generis neither purely nor criminal. It does not involve a trial of
an action or a suit but is rather an investigation by the court into the conduct of its officers.

iN RE: SUSPENSION FROM THE PRACTICE OF LAW IN THE TERRITORY OF GUAM OF ATTY. LEON G.
MAQUERA

May a member of the Philippine Bar who was disbarred or suspended from the practice of law in a foreign
jurisdiction where he has also been admitted as an attorney be meted the same sanction as a member of
the Philippine Bar for the same infraction committed in the foreign jurisdiction?

The disbarment or suspension of a member of the Philippine Bar by a competent court or other
disciplinatory agency in a foreign jurisdiction where he has also been admitted as an attorney is
a ground for his disbarment or suspension if the basis of such action includes any of the acts
hereinabove enumerated.

The judgment, resolution or order of the foreign court or disciplinary agency shall be prima
facie evidence of the ground for disbarment or suspension

Criminal prosecution effect in disbarment cases:

A conviction in criminal case is not necessary for finding a member of the bar guilty in an administrative
proceeding. The dismissal of a criminal case is not determinative of the liability of the accused for
disbarment.

Quantum of proof:

Preponderance of evidence- the evidence adduced by one side is as a whole superior to or has a
greater weight than of the other.

In determining where the preponderance or superior weight of evidence on the issues involved lies,
the court may consider

a. all the facts and circumstances of the case,

b. the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing
the facts to which there are testifying,
c. the nature of the facts to which they testify,
d. the probability or improbability of their testimony,
e. their interest or want of interest, and also their personal credibility so far as the same may
legitimately appear upon the trial.
f. The court may also consider the number of witnesses, though the preponderance is not
necessarily with the greater number.

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 :
1. The Supreme Court motu propio, or

Proceedings:

a. case is reffered for investigation either to

i. IBP
ii. To the SOLGEN
iii. To any officer of the Supreme Court
iv. To a judge of a lower court

b. after investigation, the solgen, officer of SC, or judge of a lower court submits to the SC a report
containing findings of fact and recommendation, together with the record and all evidence presented
for automatic review and final action of the SC

2. by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person.

The complaint shall state clearly and concisely the facts complained of 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 of any person, initiate and prosecute proper charges
against erring attorneys including those in the government service.

Six (6) copies of the verified 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 Board of Governors for
assignment to an investigator.

Who may file a complaint:

The right to institute a disbarment proceeding is not confined to clients nor is it necessary
that the person complaining suffered injury from the alleged wrongdoing. Disbarment proceedings
are matters of public interest and only basis for judgment is the proof or failure of proof of the
charges.

Section 27. Attorneys removed or suspended by Supreme Court on what grounds. — A

member of the bar may be removed or suspended from his office as attorney by the Supreme Court
for any:

i. deceit,
ii. malpractice, or other gross misconduct in such office,
iii. grossly immoral conduct, or
iv. by reason of his conviction of a crime involving moral turpitude, or
v. for any violation of the oath which he is required to take before the admission to practice,
or
vi. for a wilfull disobedience of any lawful order of a superior court, or
vii. For corruptly or willful appearing as an attorney for a party to a case without authority so
to do.
 The practice of soliciting cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.

A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES

PROCEDURAL STEPS FOR DISBARMENT IN THE IBP

1. The Board of Governors shall appoint from among the IBP members an investigator or when
special circumstances so warrant, a panel of 3 investigators to investigate the complaint;

2. If the complaint is meritorious, the respondent shall be served with a copy requiring him to
answer within 15 days from service.

3. The respondent shall file a verified answer containing 6 copies; after receipt of the answer or
lapse of the period to do so, the Supreme Court, may, motu proprio or at the instance of the IBP
Board of Governors, upon recommendation by the investigator, suspend an attorney from
practice, for any of the causes under Rule 138, Sec. 27, during the pendency of the investigation

4. After joinder of the issues or failure to answer, the respondent shall be given full opportunity
to defend himself. But if the respondent fails to appear to defend himself in spite of notice, the
investigator may proceed ex parte. The investigation shall be terminated within 3 months from
commencement which period may be extended.

5. The investigator shall make a report to the Board of Governors within 30 days from
termination of the investigation which report shall contain his findings and recommendations
together with the evidence.

6. The Board of Governors shall have the power to review the decision of the investigator. Its
decision shall be promulgated within a period not exceeding 30 days from the next meeting of
the Board following the submission of the report of the investigator.

7. If the decision is a finding of guilt of the charges, the IBP Board of Governors shall issue a
resolution setting forth its findings and recommendations which shall be transmitted to the
Supreme Court for final action together with the record. If the decision is for exoneration, or if
the sanction is less than suspension or dismissal, the Board shall issue a decision exonerating the
respondent of imposing a lesser sanction. The resolution exonerating the respondent shall be
considered as terminating the case unless upon petition of the complainant or other interested
party filed with the Supreme Court within 15 days from notice of the Board’s decision.

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.

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.

Rule 138

Suspension of attorney by the Court of Appeals or a Court of First Instance. — The Court of
Appeals or a Court of First Instance may suspend an attorney from practice for any of the causes
and after such suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises. The grounds are the same as in the SC.

A. They may only impose suspension and lower penalties but they may not disbar atty
B. Suspension imposed is subject to automatic review by the SC which shall conduct a full
investigation and may revoke, shorten, or extend the period of suspension or even disbar
the atty.

Attorney to be heard before removal or suspension. — No attorney shall be removed or suspended

from the practice of his profession, until he has had full opportunity upon reasonable notice to
answer the charges against him, to produce witnesses in his own behalf, and to be heard by himself
or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court
may proceed to determine the matter ex parte.