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by the Supreme Court motu proprio or by the IBP upon the verified complaint of any person

► IBP Board of Governors may motu proprio or upon referral by the SC 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 government.

► The complaint shall estate 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 such facts.

► Six copies of the verified complaint shall be filed with the Secretary of IBP or Secretary of any of its Chapters who shall forthwith commit the same to the IBP Board of Governors for assignment to an investigator.

Supreme Court,IBP through its Commission on Bar Discipline or authorized investigators, andOffice of the Solicitor General

The Court of Appeals and Regional Trial Courts can investigate and take action only against lawyers who appear for litigants in cases pending before them.

Procedure in Disbarment and Other Disciplinary Proceedings

Complaint, in writing and duly sworn to, is filed with the Supreme Court (sec.1)

If found meritorious, a copy thereof shall be served on the respondent and he shall be required to comment within 10 days of service (sec. 6)

Upon filing of respondent’s comments or expiration of the period for filing comment, the Supreme Court either refers to matter to the Office of the Court Administrator (OCA) for evaluation, report, and recommendation, or assigns a Justice of the Court of Appeals (if respondent is an RTC judge) or a judge of the RTC (if respondent is a judge of an inferior court) to investigate and hear the charges (sec.7)

After hearings, the investigating justice or judge submits a report of findings of fact, conclusions of law and recommendations to the Supreme Court (sec.8)

The Supreme Court takes action as the facts and the law may warrant (sec. 9)

Proceedings shall be private and confidential but a copy of the decision or resolution of the Court shall be attached to the record of the judge in the Office of the Court

Administrator. (sec. 11)

Who can file a disbarment case against a lawyer?

Any person aggrieved by the misconduct of a lawyer may file the corresponding administrative case with the proper forum. Or, any person even if not aggrieved but who knows of the lawyer’s misconduct, unlawful or unethical act may initiate the proceedings. A disbarment case involves no private interests.

The Supreme Court or the IBP may motu propio initiate proceedings when they

perceive acts of lawyers which deserve sanctions or when their attention is called by any one and a probable cause exists that an act has been penetrated by a lawyer which requires disciplinary sanctions.

Confidentiality of Disbarment or Suspension Proceedings

To avoid the unnecessary ruin of a lawyer’s name, disciplinary proceedings are directed to be confidential (or closed door) until their final determination.

Mitigating Circumstances in Disbarment

Good faith in the acquisition of a property of the client subject of litigation; Inexperience of the lawyer;

Age; Apology;

Q. Can RTC judge designated by SC to investigate administrative charge against MTC judge dismiss the case?

A.NO. The investigating judge’s authority is only to investigate, make a report and

recommendation on the case to be submitted to the SC for final determination (Graciano vs.

Sebastian, 231 SCRA 588)

Zaldivar vs. Sandiganbayan, 1 Feb. 1989

Q.Is indefinite suspension of a lawyer a cruel punishment?

A.NO. Indefinite suspension gives the lawyer the key to the restoration of his right by giving him a chance to purge himself in his own good time of his contempt of misconduct by acknowledging his misconduct, exhibiting appropriate repentance, and demonstrating his willingness and capacity to live up to the exacting standards required of every lawyer.

Synder’s Case, 76 ALR 666

Disbarment proceedings may be anchored on acts committed in or out of court.

Lim vs. Antonio, 41 SCRA 44

Considering the serious consequence of disbarment or suspension, it has been consistently held that clearly preponderant evidence is required to justify the imposition of either penalty.

In re: De Guzman, 55 SCRA 139

In disbarment proceedings, the burden of proof rests upon the complaint. To be made the basis for suspension or disbarment of lawyer, the charge against him must be established by convincing proof. The record must disclose as free from doubt case which compels the exercise by this Court of its disciplinary powers. The dubious character of the act done as well as the motivation thereof must be clearly demonstrated.

Boliver vs. Simbol, 16 SCRA 623

Any person may bring to this Court’s attention the misconduct of any lawyer, and action will usually be taken regardless of interest or lack of interest of the complainant, if the facts proven so warrant. The power to discipline lawyers of the court – may not be cut short by a compromise and withdrawal of charges.

Mortel vs. Aspiras, 100 Phil. 586

In a disbarment proceeding, it is immaterial that the complainant is in pari delicto because this is not a proceeding to grant relief to the complainant, but one to purge the law profession of unworthy members, to protect the public and the courts.

Applicability of the Rule of Prejudicial Question, when proper

If the subject matter of the complaint is also the subject of or is intertwined in the subject matter of another pending case, and the resolution of which is determinative of the guilt or innocence of the respondent in the disbarment case, the disbarment proceedings may be dismissed for being premature or it may be held in abeyance pending the final

determination of the other case.

People vs. Valenzuela, 135 SCRA 712

Under this principle, judges had been dismissed from the service without need of

formal investigation because based on the records, the gross misconduct of inefficiency of the judges clearly appears.

Prudential Bank vs. Castro, 156 SCRA 604

The same principle had been applied to lawyers. Thus, if on the basis of the lawyer’s comment or answer to a show-cause Order of the Supreme Court. It appears that the lawyer has so conducted himself in a manner which exhibits his blatant disrespect to the Court, or his want of good moral character of his violation of the attorney’s oath, the lawyer may be

suspended or disbarred without need of a trial-type proceeding. EFFECTS OF PARDON

In re: Rovero, 101 SCRA 803

If during the pendency of a disbarment proceeding, the respondent was granted executive pardon, the dismissal of the case on that sole basis will depend on whether the executive pardon is absolute or conditional. If the pardon is absolute or unconditional, the disbarment case will be dismissed.

However, if the executive pardon is conditional, the disbarment case will not be dismissed on the basis thereof.

by the complainant