RULE 139-B Governors, determines that there is no compelling reason to continue with the disbarment or

suspension proceedings against the respondent. (Amendment pursuant to Supreme Court

Resolution dated May 27, 1993 re Bar Matter 356).
Disbarment and Discipline of Attorneys
Section 6. Verification and service of answer. — The answer shall be verified. The original and five
Section 1. How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy
may be taken by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) thereof on the complainant or his counsel.
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. Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a suitable member
of the Integrated Bar as counsel to assist the complainant of the respondent during the
investigation in case of need for such assistance.
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. Section 8. Investigation. — Upon joinder of issues or upon failure of the respondent to answer, the
Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall
have the power to issue subpoenas and administer oaths. The respondent shall be given full
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and
of any of its chapter who shall forthwith transmit the same to the IBP Board of Governors for counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation
assignment to an investigator. shall proceed ex parte.

A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES The Investigator shall terminate the investigation within three (3) months from the date of its
commencement, unless extended for good cause by the Board of Governors upon prior
application.
Section 2. National Grievance Investigators. — The Board of Governors shall appoint from among
IBP members an Investigator or, when special circumstances so warrant, a panel of three (3)
investigators to investigate the complaint. All Investigators shall take an oath of office in the form Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigator
prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall shall be dealt with as for indirect contempt of court. The corresponding charge shall be filed by
be transmitted to the Supreme Court. the Investigator before the IBP Board of Governors which shall require the alleged contemnor to
show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct
hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before
An Investigator may be disqualified by reason of relationship within the fourth degree of
the Investigator. Such hearing shall as far as practicable be terminated within fifteen (15) days
consanguinity of affinity to any of the parties of their counsel, pecuniary interest, personal bias,
from its commencement. Thereafter, the IBP Board of Governors shall within a like period of fifteen
or his having acted as counsel to his acting as such Investigator. Where the Investigator does not
(15) days issue a resolution setting forth its findings and recommendations, which shall forthwith
disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of
be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.
the members present, there being a quorum, may order his disqualification.

Section 9. Depositions. — Depositions may be taken in accordance with the Rules of Court with
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6)
leave of the investigator(s).
members of the IBP Board of Governors. The decision of the Board of Governors in all cases of
disqualification or removal shall be final.
Within the Philippines, depositions may be taken before any member of the Board of Governors,
the President of any Chapter, or any officer authorized by law to administer oaths.
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. Depositions may be taken outside the Philippines before diplomatic or consular representative
of the Philippine Government or before any person agreed upon by the parties or designated
by the Board of Governors.
Section 4. Chapter assistance to complainant. — The proper IBP Chapter may assist the
complainant(s) in the preparation and filing of his complaint(s).
Any suitable member of the Integrated Bar in the place where a deposition shall be taken may
be designated by the Investigator to assist the complainant or the respondent in taking a
Section 5. Service or dismissal. — If the complaint appears to be meritorious, the Investigator shall
deposition.
direct that a copy thereof be served upon the respondent, requiring him to answer the same
within fifteen (15) days from the date of service. If the complaint does not merit action, or if the
answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same Section 10. Report of Investigator. — Not later than thirty (30) days from the termination of the
may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution investigation, the Investigator shall submit a report containing his findings of fact and
of dismissal shall be furnished the complainant and the Supreme Court which may review the recommendations to the IBP Board of Governors, together with the stenographic notes and the
case motu propio or upon timely appeal of the complainant filed within 15 days from notice of transcript thereof, and all the evidence presented during the investigation. The submission of the
the dismissal of the complainant. report need not await the transcription of the stenographic notes, it being sufficient that the
report reproduce substantially from the Investigator's personal notes any relevant and pertinent
testimonies.
No investigation shall be interrupted or terminated by reason of the desistance, settlement,
compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute
the same, unless the Supreme Court motu propio or upon recommendation of the IBP Board of
Section 11. Defects. — No defect in a complaint, notice, answer, or in the proceeding or the Section 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court. 1 — The
Investigator's Report shall be considered as substantial unless the Board of Governors, upon Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the
considering the whole record, finds that such defect has resulted or may result in a miscarriage causes named in Rule 138, Section 27 2, until further action of the Supreme Court in the case.
of justice, in which event the Board shall take such remedial action as the circumstances may
warrant, including invalidation of the entire proceedings.
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
Section 12. Review and decision by the Board of Governors. 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
a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors or extend the suspension, or disbar the attorney as the facts may warrant.
upon the record and evidence transmitted to it by the Investigator with his report. The
decision of the Board upon such review shall be in writing and shall clearly and
distinctly state the facts and the reasons on which it is based. It shall be promulgated Section 18. Confidentiality. — Proceedings against attorneys shall be private and confidential.
within a period not exceeding thirty (30) days from the next meeting of the Board However, the final order of the Supreme Court shall be published like its decisions in other cases.
following the submittal of the Investigator's Report.

Section 19. Expenses. — All reasonable and necessary expenses incurred in relation to disciplinary
b) If the Board, by the vote of a majority of its total membership, determines that the and disbarment proceedings are lawfull charges for which the parties may be taxed as costs.
respondent should be suspended from the practice of law or disbarred, it shall issue a
resolution setting forth its findings and recommendations which, together with the
whole record of the case, shall forthwith be transmitted to the Supreme Court for final Section 20. Effectivity and Transitory Provision. — This Rule shall take effect June 1, 1988 and shall
action. 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
c) If the respondent is exonerated by the Board or the disciplinary sanction imposed except those cases where the investigation has been substantially completed.
by it is less than suspension or disbarment (such as admonition, reprimand, or fine) it
shall issue a decision exonerating respondent or imposing such sanction. The case shall
be deemed terminated unless upon petition of the complainant or other interested Footnotes
party filed with the Supreme Court within fifteen (15) days from notice of the Board's
resolution, the Supreme Court orders otherwise. 1 This section and the following Section 17 sepersede Section 9 of Rule 139.

d) Notice of the resolution or decision of the Board shall be given to all parties through 2 The text of Rule 138, Section 27 reads: "SEC. 27. Attorneys removed or suspended by
their counsel. A copy of the same shall be transmitted to the Supreme Court. the Supreme Court on what grounds. — A member of the bar may be removed or
suspended form his office as attorney by the Supreme Court for any deceit,
B. PROCEEDINGS IN THE SUPREME COURT malpractice or other gross misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude, or for any violation of the
oath which he is required to take before admission to practice, or for a willful
Section 13. Supreme Court Investigation. — In proceedings initiated motu propio by the Supreme disobedience of any lawful order of a superior court, or for corruptly or willfully
Court or in other proceedings when the interest of justice so requires, the Supreme Court may appearing as an attorney for a party to a case without authority so to do. The practice
refer the case for investigation to the Solicitor-General or to any officer of the Supreme Court or of soliciting cases at law for the purpose of gain, either personally or through paid
judge of a lower court, in which case the investigation shall proceed in the same manner agents or brokers, constitutes malpractice.
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 investigation, the Solicitor General or other Investigator
designated by 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

Section 15. Suspension of attorney by Supreme Court. — 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.