Disciplinary Proceedings in Philippine Law Practice Presented by Mr. Al Jay T. Mejos, student For the Subject Legal Profession University of Cebu College of Law 2018

Pertinent Sources of Information Art. VIII of the 1987 ConstitutionJudicial Department Lawyer’s Oath Code of Professional Responsibility Rule 138, Rules of CourtAttorneys and Admission to Bar Rule 139-A, Rules of CourtIntegrated Bar of the Philippines Rule 139-B, Rules of CourtDisbarment and Discipline of Attorneys Bar Matter No. 356, May 27, 1993 Bar Matter No. 1645, Oct. 13, 2015 Legal Profession by E. M. Villareal II (2000)

Disbarment is the act of the court in withdrawing from an attorney the right to practice law. Black’s Law Dictionary

The practice of law is not a right but a privilege bestowed by the State on those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege. Bongolonta v. Castillo, 240 SCRA 310 [1951]

Suspension is the act of the court prohibiting an attorney from practicing law for a certain period. It is also referred to as qualified disbarment.

Primary purpose of disbarment and suspension: 1.To compel the attorney to deal fairly and honestly with his clients 2.To remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney

The Supreme Court is constitutionally vested with the power to suspend and disbar lawyers. Art. VIII, Sec. 5, 1987 Constitution

Art. VIII, Sec. 5 of the 1987 Constitution states that The Supreme Court shall have the power to: Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. (Emphasis supplied)

Proceedings may be taken by the Supreme Court motu proprio, or by Integrated Bar of the Philippines (IBP), upon the verified complaint of any person. IBP Board of Governors may, motu proprio 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 any erring attorney, including those in the government service. Rule 139-B, Sec. 1, Rules of Court

The Court of Appeals and Regional Trial Courts cannot disbar but may suspend lawyers subject to revocation, shortening, extension or modification by the Supreme Court. Rule 139-B, Sec. 17, Rules of Court

The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits or persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts. Rule 139-B, Sec. 1, Rules of Court

A respondent in disbarment or suspension proceedings enjoys the legal presumption of innocence until the contrary is proved. Clear preponderance of evidence is required for disbarment or suspension. Atienza vs. Evangelista, 80 SCRA 338

No attorney shall be removed or suspended from the practice of his profession, without reasonable notice full opportunity to answer charges against him, to produce witnesses in his own behalf, and to be heard by himself or counsel. Rule 138, Sec. 30, Rules of Court

Disciplinary proceedings against lawyers shall be private and confidential in nature except that the final order of the court shall be made public as in other cases coming before the court. Rule 139-B, Sec. 18, Rules of Court

If there is a legitimate public interest, media is not prohibited from making a fair, true and accurate news report of a disbarment complaint. Fortun v. Members of the Media, G.R , February 13, 2013

Common grounds for disbarment and suspension: 1.Deceit 2.Malpractice or other gross misconduct in office 3.Grossly immoral conduct 4.Conviction of a crime involving moral turpitude 5.Violation of oath of office 6.Willful disobedience of any order of any superior court 7.Corrupt or willful appearance as an attorney for a party to a case without authority to do so Rule 138, Sec. 27, Rules of Court

The Process of Disbarment and Discipline (Rules of Court 139-B, amended by Bar Matter 1645, Oct. 13, 2015) IBP upon verified complaint (Sec. 1) Panel of three (3) National Grievance Investigators investigate the complaint (Sec. 2) Meritorious? (15 days to answer) Not Meritorious? (recommend dismissal) (Sec. 5) Recommendation of the IBP Board of Governors to the Supreme Court by Resolution (Sec. 12) Suspension (or Disbarment) by the Supreme Court (Sec. 15) SC motu propio (Sec. 1) SC refers investigation to Bar Confidant, any officer of the SC or judge of lower court (Sec. 13) Investigator submits findings and recommendation to SC, suspension may ensue. (Sec. 14, 15) Suspension (or Disbarment) by the Supreme Court (Sec. 15) Court of Appeals or RTC suspends attorney (Sec. 16) CA or RTC submit a certified copy of suspension and full statement of facts to SC (Sec. 17) Suspension may be revoked, shortened, extended; or Disbarment by the Supreme Court (Sec. 17)

Not being intended to inflict punishment, it is in no sense a criminal prosecution. In Re Almacen GR L [1970]

Acquittal in a criminal case is not a bar to disciplinary proceedings against a member of the bar. Gatchalian Promotions vs. Atty. Naldoza, AC 4017, 29 Sept. 1999, 113 SCAD 184

There is neither a plaintiff nor a prosecutor. Dinsay v. Cioco, A.C. 2995, November 27, 1966

The burden of proof required in an administrative case for disbarment or suspension is “clearly preponderant evidence”, not “proof beyond reasonable doubt”, which is necessary in criminal cases. Gatchalian Promotions vs. Atty. Naldoza, AC 4017, 29 Sept. 1999, 113 SCAD 184

Double jeopardy cannot be availed of against an attorney, since disbarment does not partake of a criminal proceeding. The In Pari Delicto rule is not applicable. Samaniego v. Ferrer, A.C. 7022, June 18, 2008

There is no prejudicial question in disbarment proceedings and neither is there prescription. Calo v. Degamo, A.C. 516, June 27, 1967

Pardon by the offended party will not automatically result in the dismissal of the disbarment case against the respondent. Cordova vs. Cordova, AC 3249, 29 Nov. 1989

An affidavit of withdrawal of the disbarment or suspension case does not, in any way, exonerate the respondent. The case may proceed regardless of interest or lack of interest of the complainant. What matters is whether, on the basis of the facts borne out by the record, the charge of deceit or grossly immoral conduct has been proven. Rayos-Ombac v. Rayos, 285 SCRA 93 [1983].

An affidavit of withdrawal of the disbarment or suspension case does not, in any way, exonerate the respondent. The case may proceed regardless of interest or lack of interest of the complainant. What matters is whether, on the basis of the facts borne out by the record, the charge of deceit or grossly immoral conduct has been proven. Rayos-Ombac v. Rayos, 285 SCRA 93 [1983].

Suspension of a lawyer by a court for malpractice abroad is basis for suspension to disbarment in the Philippines. In Re: Suspension from the Practice of Law in the Territory of Guam of Atty. Leon G. Maquera, B.M. No July 30, 2004

The disbarment of an attorney is not necessarily a permanent disability. He may afterwards be reinstated on proper application or on petition for that purpose, addressed to the Court, usually by a motion or petition showing that he has reformed himself.

To reinstate a disbarred attorney means to reinvest him with the right to practice law. It is however, not a surrender of the court's power to discipline such attorney on becoming false to his duties. It is not a revocation of the order of disbarment, nor does it relate back in point of time to the disbarment.

Sample Disbarment Circular