GUIDELINES FOR IMPOSING

LAWYER SANCTIONS
A.PURPOSE AND NATURE OF SANCTIONS
1.1 Purpose of Lawyer Dis Proceedings

The purpose of lawyer discipline proceedings is to protect the public and the administration of justice from lawyers who have
not discharged, will not discharge, or are unlikely to discharge properly their professional duties to clients, the public, the
legal system, and the legal profession.
1.2 Public Nature of Lawyer Discipline Proceedings

Upon the filing and service of formal charges, lawyer discipline proceedings should be public, and disposition of lawyer
discipline should be public in cases of disbarment, suspension, and reprimand. Only in cases of minor misconduct, when
there is little or no injury to a client, the public, the legal system, or the profession, and when there is little likelihood of
repetition by the lawyer, should private discipline be imposed.
1.3 Purpose of These Standards

These standards are designed for use in imposing a sanction or sanctions following a determination by clear and convincing
evidence that a member of the legal profession has violated a provision of the Code of Professional Responsibility.
Descriptions in these standards of substantive disciplinary offenses are not intended to create grounds for determining
culpability independent of the Code of Professional Responsibility. The Standards constitute a model, setting forth a
comprehensive system for determining sanctions, permitting flexibility and creativity in assigning sanctions in particular cases
of lawyer misconduct. They are designed to promote: (1) consideration of all factors relevant to imposing the appropriate
level of sanction in an individual case; (2) consideration of the appropriate weight of such factors in light of the stated goals of
lawyer discipline; (3) consistency in the imposition of disciplinary sanctions for the same or similar offenses within and among
jurisdictions.p
B. SANCTIONS
2.1 Scope

A disciplinary sanction is imposed on a lawyer upon a finding or acknowledgment that the lawyer has engaged in professional
misconduct.
2.2 Disbarment

Disbarment terminates the individuals status as a lawyer. Where disbarment is not permanent, procedures should be
established for a lawyer who has been disbarred to apply for readmission, provided that:
(1) no application should be considered for five years from the effective date of disbarment; and
(2) the petitioner must show by clear and convincing evidence:
(a) successful completion of the bar examination;
(b) compliance with all applicable discipline or disability orders or rules; and
(c) rehabilitation and fitness to practice law.
2.3 Suspension

Suspension is the removal of a lawyer from the practice of law for a specified minimum period of time. Generally, suspension
should be for a period of time equal to or greater than six months, but in no event should the time period prior to application
for reinstatement be more than three years. Procedures should be established to allow a suspended lawyer to apply for
reinstatement, but a lawyer who has been suspended should not be permitted to return to practice until he has completed a
reinstatement process demonstrating rehabilitation, compliance with all applicable discipline or disability orders and rules,
and fitness to practice law.
2.4 Interim Suspension

Interim suspension is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline.
Interim suspension includes:
(a) suspension upon conviction of a serious crime or,
(b) suspension when the lawyers continuing conduct is or is likely to cause immediate and serious injury to a client or the
public.
2.5 Reprimand

Reprimand, also known as censure or public censure, is a form of public discipline which declares the conduct of the lawyer
improper, but does not limit the lawyers right to practice.
2.6 Admonition

Admonition, also known as private reprimand, is a form of non-public discipline which declares the conduct of the lawyer
improper, but does not limit the lawyers right to practice.
2.7 Probation

Probation is a sanction that allows a lawyer to practice law under specified conditions. Probation can be imposed alone or in
conjunction with a reprimand or an admonition; probation can also be imposed as a condition of readmission or
reinstatement.
2.8 Other Sanctions and Remedies

Other sanctions and remedies which may be imposed include:

(a) restitution,
(b) assessment of costs,
(c) limitation upon practice,
(d) appointment of a receiver,
(e) requirement that the lawyer take the bar examination or professional responsibility examination,
(f) requirement that the lawyer attend continuing education courses, and
(g) other requirements that the states highest court or disciplinary board deems consistent with the purposes of lawyer
sanctions.
2.9 Reciprocal Discipline

Reciprocal discipline is the imposition of a disciplinary sanction for conduct for which a lawyer has been disciplined in another
jurisdiction.
2.10 Readmission and Reinstatement

In jurisdictions where disbarment is not permanent, procedures should be established to allow a disbarred lawyer to apply for
readmission. Procedures should be established to allow a suspended lawyer to apply for reinstatement.
C. FACTORS TO BE CONSIDERED IN
IMPOSING SANCTIONS
3.0 Generally

In imposing a sanction after a finding of lawyer misconduct, a court should consider the following factors:
(a) the duty violated;
(b) the lawyers mental state; and
(c) the actual or potential injury caused by the lawyers misconduct; and
(d) the existence of aggravating or mitigating factors.
4.0 Violations of Duties Owed to Clients
4.1 Failure to Preserve the Clients Property

Absent aggravating or mitigating circumstances, upon application of the factors set out in 3.0, the following sanctions are
generally appropriate in cases involving the failure to preserve client property:
4.11 Disbarment is generally appropriate when a lawyer knowingly converts client property and causes injury or potential
injury to a client.
4.12 Suspension is generally appropriate when a lawyer knows or should know that he is dealing improperly with client
property and causes injury or potential injury to a client.
4.13 Reprimand is generally appropriate when a lawyer is negligent in dealing with client property and causes injury or
potential injury to a client.
4.14 Admonition is generally appropriate when a lawyer is negligent in dealing with client property and causes little or no
actual or potential injury to a client.
4.2 Failure to Preserve the Clients Confidences

Absent aggravating or mitigating circumstances, upon application of the factors set out in 3.0, the following sanctions are
generally appropriate in cases involving the failure to preserve client property:
4.21 Disbarment is generally appropriate when a lawyer, with the intent to benefit the lawyer or another, knowingly reveals
information relating to representation of a client not otherwise lawfully permitted to be disclosed, and this disclosure causes
injury or potential injury to a client.
4.22 Suspension is generally appropriate when a lawyer knowingly reveals information relating to the representation of a
client not otherwise lawfully permitted to be disclosed, and this disclosure causes injury or potential injury to a client.
4.23 Reprimand is generally appropriate when a lawyer negligently reveals information relating to representation of a client
not otherwise lawfully permitted to be disclosed and this disclosure causes injury or potential injury to a client.
4.24 Admonition is generally appropriate when a lawyer negligently reveals information relating to representation of a client
not otherwise lawfully permitted to be disclosed and this disclosure causes little or no actual or potential injury to a client.
4.3 Failure to Avoid Conflicts of Interest

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following
sanctions are generally appropriate in cases involving conflicts of interest:
4.31 Disbarment is generally appropriate when a lawyer, without the informed consent of client(s):
(a) engages in representation of a client knowing that the lawyers interests are adverse to the clients with the intent to
benefit the lawyer or another, and causes serious or potentially serious injury to the client; or
(b) simultaneously represents clients that the lawyer knows have adverse interests with the intent to benefit the lawyer or
another, and causes serious or potentially serious injury to a client; or
(c) represents a client in a matter substantially related to a matter in which the interests of a present or former client are
materially adverse, and knowingly uses information relating to the representation of a client with the intent to benefit the
lawyer or another, and causes serious or potentially serious injury to a client.
4.32 Suspension is generally appropriate when a lawyer knows of a conflict of interest and does not fully disclose to a client
the possible effect of that conflict, and causes injury or potential injury to a client.
4.33 Reprimand is generally appropriate when a lawyer is negligent in determining whether the representation of a client may
be materially affected by the lawyers own interests, or whether the representation will adversely affect another client, and
causes injury or potential injury to a client.
4.34 Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in determining
whether the representation of a client may be materially affected by the lawyers own interests, or whether the representation
will adversely affect another client, and causes little or no actual or potential injury to a client.
4.4 Lack of Diligence

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following
sanctions are generally appropriate in cases involving a failure to act with reasonable diligence and promptness in
representing a client:
4.41 Disbarment is generally appropriate when:
(a) a lawyer abandons the practice and causes serious or potentially serious injury to a client; or
(b) a lawyer knowingly fails to perform services for a client and causes serious or potentially serious injury to a client; or
(c) a lawyer engages in a pattern of neglect with respect to client matters and causes serious or potentially serious injury to a
client.
4.42 Suspension is generally appropriate when:
(a) a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client; or
(b) a lawyer engages in a pattern of neglect and causes injury or potential injury to a client.
4.43 Reprimand is generally appropriate when a lawyer is negligent and does not act with reasonable diligence in
representing a client, and causes injury or potential injury to a client.
4.44 Admonition is generally appropriate when a lawyer is negligent and does not act with reasonable diligence in

representing a client, and causes little or no actual or potential injury to a client.

4.5 Lack of Competence

Absent aggravating or mitigating circumstances, upon application of the factor set out in Standard 3.0, the following sanctions
are generally appropriate in cases involving failure to provide competent representation to a client:
4.51 Disbarment is generally appropriate when a lawyers course of conduct demonstrates that the lawyer does not
understand the most fundamental legal doctrines or procedures, and the lawyers conduct causes injury or potential injury to
a client.
4.52 Suspension is generally appropriate when a lawyer engages in an area of practice in which the lawyer knows he or she
is not competent, and causes injury or potential injury to a client.
4.53 Reprimand is generally appropriate when a lawyer:
(a) demonstrates failure to understand relevant legal doctrines or procedures and causes injury or potential injury to a client;
or
(b) is negligent in determining whether he or she is competent to handle a legal matter and causes injury or potential injury to
a client.
4.54 Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in determining
whether he or she is competent to handle a legal matter, and causes little or no actual or potential injury to a client.
4.6 Lack of Candor Absent aggravating or mitigating circumstances, upon application of the factors set
out in Standard 3.0, the following sanctions are generally appropriate in cases where the lawyer
engages in fraud, deceit, misrepresentation directed toward a client:

4.61 Disbarment is generally appropriate when a lawyer knowingly deceives a client with the intent to benefit the lawyer or
another, and causes serious injury or potentially serious injury to a client.
4.62 Suspension is generally appropriate when a lawyer knowingly deceives a client, and causes injury or potential injury to
the client.
4.63 Reprimand is generally appropriate when a lawyer negligently fails to provide a client with accurate or complete
information, and causes injury or potential injury to the client.
4.64 Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in failing to provide a
client with accurate or complete information, and causes little or no actual or potential injury to the client.
5.0 Violations of Duties Owed to the Public

5.1 Failure to Maintain Personal Integrity

Absent aggravating or mitigating circumstances, upon application of the facts set out in Standard 3.0, the following sanctions
are generally appropriate in cases involving commission of a criminal act that reflects adversely on the lawyers honesty,
trustworthiness, or fitness as a lawyer in other respects, or in cases with conduct involving dishonesty, fraud, deceit, or
misrepresentation:
5.11 Disbarment is generally appropriate when:
(a) a lawyer engages in serious criminal conduct, a necessary element of which includes intentional interference with the
administration of justice, false swearing, misrepresentation, fraud, extortion, misappropriation, or theft; or the sale, distribution
or importation of controlled substances; or the intentional killing of another; or an attempt or conspiracy or solicitation of
another to commit any of these offenses; or
(b) a lawyer engages in any other intentional conduct involving dishonesty, fraud, deceit, or misrepresentation that seriously
adversely reflects on the lawyers fitness to practice.
5.12 Suspension is generally appropriate when a lawyer knowingly engages in criminal conduct which does not contain the
elements listed in Standard 5.11 and that seriously adversely reflects on the lawyers fitness to practice.
5.13 Reprimand is generally appropriate when a lawyer knowingly engages in any other conduct that involves dishonesty,
fraud, deceit, or misrepresentation and that adversely reflects on the lawyers fitness to practice law.

5.14 Admonition is generally appropriate when a lawyer engages in any other conduct that reflects adversely on the lawyers
fitness to practice law.
5.2 Failure to Maintain the Public Trust Absent aggravating or mitigating circumstances, upon application of the factors set
out in Standard 3.0, the following sanctions are generally appropriate in cases involving public officials who engage in
conduct that is prejudicial to the administration of justice or who state or imply an ability to influence improperly a government
agency or official:
5.21 Disbarment is generally appropriate when a lawyer in an official or governmental position knowingly misuses the
position with the intent to obtain a significant benefit or advantage for himself or another, or with the intent to cause serious or
potentially serious injury to a party or to the integrity of the legal process.
5.22 Suspension is generally appropriate when a lawyer in an official or governmental position knowingly fails to follow
proper procedures or rules, and causes injury or potential injury to a party or to the integrity of the legal process.
5.23 Reprimand is generally appropriate when a lawyer in an official or governmental position negligently fails to follow
proper procedures or rules, and causes injury or potential injury to a party or to the integrity of the legal process.
5.24 Admonition is generally appropriate when a lawyer in an official or governmental position engages in an isolated
instance of negligence in not following proper procedures or rules, and causes little or no actual or potential injury to a party
or to the integrity of the legal process.
6.0 Violations of Duties Owed to the Legal System

6.1 False Statements, Fraud, and Misrepresentation

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following
sanctions are generally appropriate in cases involving conduct that is prejudicial to the administration of justice or that
involves dishonesty, fraud, deceit, or misrepresentation to a court:
6.11 Disbarment is generally appropriate when a lawyer, with the intent to deceive the court, makes a false statement,
submits a false document, or improperly withholds material information, and causes serious or potentially serious injury to a
party, or causes a significant or potentially significant adverse effect on the legal proceeding.
6.12 Suspension is generally appropriate when a lawyer knows that false statements or documents are being submitted to
the court or that material information is improperly being withheld, and takes no remedial action, and causes injury or
potential injury to a party to the legal proceeding, or causes an adverse or potentially adverse effect on the legal proceeding.
6.13 Reprimand is generally appropriate when a lawyer is negligent either in determining whether statements or documents
are false or in taking remedial action when material information is being withheld, and causes injury or potential injury to a
party to the legal proceeding, or causes an adverse or potentially adverse effect on the legal proceeding.
6.14 Admonition is generally appropriate when a lawyer engages in an isolated instance of neglect in determining whether
submitted statements or documents are false or in failing to disclose material information upon learning of its falsity, and
causes little or no actual or potential injury to a party, or causes little or no adverse or potentially adverse effect on the legal
proceeding.
6.2 Abuse of the Legal Process

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following
sanctions are generally appropriate in cases involving failure to expedite litigation or bring a meritorious claim, or failure to
obey any obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation
exists:
6.21 Disbarment is generally appropriate when a lawyer knowingly violates a court order or rule with the intent to obtain a
benefit for the lawyer or another, and causes serious injury or potentially serious injury to a party, or causes serious or
potentially serious interference with a legal proceeding.
6.22 Suspension is appropriate when a lawyer knows that he is violating a court order or rule, and there is injury or potential
injury to a client or a party, or interference or potential interference with a legal proceeding.
6.23 Reprimand is generally appropriate when a lawyer negligently fails to comply with a court order or rule, and causes
injury or potential injury to a client or other party, or causes interference or potential interference with a legal proceeding.

6.24 Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in complying with a
court order or rule, and causes little or no actual or potential injury to a party, or causes little or no actual or potential
interference with a legal proceeding.
6.3 Improper Communications With Individuals in the Legal System

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following
sanctions are generally appropriate in cases involving attempts to influence a judge, juror, prospective juror or other official
by means prohibited by law:
6.31 Disbarment is generally appropriate when a lawyer:
(a) intentionally tampers with a witness and causes serious or potentially serious injury to a party, or causes significant or
potentially significant interference with the outcome of the legal proceeding; or
(b) makes an ex parte communication with a judge or juror with intent to affect the outcome of the proceeding, and causes
serious or potentially serious injury to a party, or causes significant or potentially significant interference with the outcome of
the legal proceeding; or
(c) improperly communicates with someone in the legal system other than a witness, judge, or juror with the intent to
influence or affect the outcome of the proceeding, and causes significant or potentially significant interference with the
outcome of the legal proceeding.
6.32 Suspension is generally appropriate when a lawyer engages in communication with an individual in the legal system
when the lawyer knows that such communication is improper, and causes injury or potential injury to a party or causes
interference or potential interference with the outcome of the legal proceeding.
6.33 Reprimand is generally appropriate when a lawyer is negligent in determining whether it is proper to engage in
communication with an individual in the legal system, and causes injury or potential injury to a party or interference or
potential interference with the outcome of the legal proceeding.
6.34 Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in improperly
communicating with an individual in the legal system, and causes little or no actual or potential injury to a party, or causes
little or no actual or potential inference with the outcome of the legal proceeding.
7.0 Violations of Duties Owed to the Profession

7.1 Disbarment is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed to the
profession with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a
client, the public, or the legal system.
7.2 Suspension is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed to the
profession, and causes injury or potential injury to a client, the public, or the legal system.
7.3 Reprimand is generally appropriate when a lawyer negligently engages in conduct that is a violation of a duty owed to the
profession, and causes injury or potential injury to a client, the public, or the legal system.
7.4 Admonition is generally appropriate when a lawyer engages in an isolated instance of negligence in determining whether
the lawyers conduct violates a duty owed to the profession, and causes little or no actual or potential injury to a client, the
public, or the legal system.
8.0 Prior Discipline Orders

8.1 Disbarment is generally appropriate when a lawyer:

(a) intentionally or knowingly violates the terms of a prior disciplinary order and such violation causes injury or potential injury
to a client, the public, the legal system, or the profession; or
(b) has been suspended for the same or similar misconduct, and intentionally or knowingly engages in further acts of
misconduct that cause injury or potential injury to a client, the public, the legal system, or the profession.
8.2 Suspension is generally appropriate when a lawyer has been reprimanded for the same or similar misconduct and
engages in further acts of misconduct that cause injury or potential injury to a client, the public, the legal system, or the
profession.
8.3 Reprimand is generally appropriate when a lawyer:

(a) negligently violates the terms of a prior disciplinary order and such violation causes injury or potential injury to a client, the
public, the legal system, or the profession; or
(b) has received an admonition for the same or similar misconduct and engages in further acts of misconduct that cause
injury or potential injury to a client, the public, the legal system, or the profession.
8.4 An admonition is generally not an appropriate sanction when a lawyer violates the terms of a prior disciplinary order or
when a lawyer has engaged in the same or similar misconduct in the past.
9.0 Aggravation and Mitigation

9.1 Generally After misconduct has been established, aggravating and mitigating circumstances may be considered in
deciding what sanction to impose
9.2 Aggravation
9.21 Definition. Aggravation or aggravating circumstances are any considerations, or factors that may justify an increase in
the degree of discipline to be imposed.
9.22 Factors which may be considered in aggravation. Aggravating factors include:
(a) prior disciplinary offenses;
(b) dishonest or selfish motive;
(c) a pattern of misconduct;
(d) multiple offenses;
(e) bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary
agency;
(f) submission of false evidence, false statements, or other deceptive practices during the disciplinary process;
(g) refusal to acknowledge wrongful nature of conduct;
(h) vulnerability of victim;
(i) substantial experience in the practice of law;
(j) indifference to making restitution.
9.3 Mitigation

9.31 Definition. Mitigation or mitigating circumstances are any considerations or factors that may justify a reduction in the
degree of discipline to be imposed.
9.32 Factors which may be considered in mitigation. Mitigating factors include:
(a) absence of a prior disciplinary record;
(b) absence of a dishonest or selfish motive;
(c) personal or emotional problems;
(d) timely good faith effort to make restitution or to rectify consequences of misconduct;
(e) full and free disclosure to disciplinary board or cooperative attitude toward proceedings;
(f) inexperience in the practice of law;
(g) character or reputation;
(h) physical or mental disability or impairment;
(i) delay in disciplinary proceedings;
(j) interim rehabilitation;
(k) imposition of other penalties or sanctions;
(l) remorse;
(m) remoteness of prior offenses.
9.4 Factors Which Are Neither Aggravating Nor Mitigating. The following factors should not be considered as either
aggravating or mitigating:
(a) forced or compelled restitution;
(b) agreeing to the clients demand for certain improper behavior or result;
(c) withdrawal of complaint against the lawyer;
(d) resignation prior to completion of disciplinary proceedings;
(e) complainants recommendation as to sanction;
(f) failure of injured client to complain.

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 the
Supreme Court motu proprio, or 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 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 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 chapters who shall
forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.
A. PROCEEDING IN THE INTEGRATED BAR OF THE PHILIPPINES
SEC. 2. National Grievance Investigators. - The Board of Governors shall appoint from among the 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 prescribed by the Board of Governors. A copy of the Investigators
appointment and oath shall be transmitted to the Supreme Court. An Investigator may be disqualified by reason of
relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, pecuniary interest,
personal bias, or his having acted as counsel for either party, unless the parties sign and enter upon the record their written
consent to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP
Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification. An
Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the IBP Board of
Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.
SEC. 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.
SEC. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the complainant[s] in the preparation and
filing of his complaints.
SEC. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall 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 may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of
dismissal shall be furnished the complainant and the Supreme Court which may review the case motu proprio or upon timely
appeal of the complainant filed within 15 days from notice of the dismissal of the complaint. No investigation shall be
interrupted or terminated by reason of the distance, settlement, compromise, restitution, withdrawal of the charges, or failure
of the complaint to prosecute the same, unless the Supreme Court motu proprio or upon recommendation of the IBP Board
of 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)
SEC. 6. Verification and service of answer. - The answer shall be verified. The original and five (5) legible copies of the
answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.
SEC. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as
counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.
SEC. 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 opportunity to defend himself, to present witnesses on his behalf, and be heard by
himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex
parte.
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. Willful failure or refusal to obey a subpoena or
any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court. The corresponding
charge shall be filed by 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 the Rule for hearings before the Investigator. Such hearing shall as far as
practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall
within a like period of fifteen (15) days issue a resolution setting forth its findings and recommendation, which shall forthwith
be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.
SEC. 9. Depositions. - Depositions may be taken in accordance with Rules of Court with leave of the Investigators.
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.
Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine
Government or before any person agreed upon by the parties or designated by the Board of Governors.
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 deposition.
SEC. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the investigation, the Investigator shall
submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the
stenographic notes and the transcript thereof, and all the evidence presented during the investigation. The submission of the
report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially
from the Investigators personal notes any relevant and pertinent testimonies.
SEC. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the Investigators Report shall be
considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has
resulted or may result in a miscarriage of justice, in which event the Board shall take remedial action as the circumstances
may warrant, including invalidation of the entire proceedings.
SEC. 12. Review and decision by the Board of Governors. (a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors 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 within a period not
exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigators report.
(b) If the Board, by the vote of a majority of its total membership, determines that the 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 action.
(c) If the respondent is exonerated by the Board or the disciplinary sanction imposed 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 party filed with the
Supreme Court within fifteen (15) days from notice of the Boards resolution, the Supreme Court orders otherwise.
(d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same
shall be transmitted to the Supreme Court.
B. PROCEEDINGS IN THE SUPREME COURT
SEC. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme Court or in other proceedings
when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to
any officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner
provided in Sections 6 to 11 hereof, save that the review of the report of investigation shall be conducted directly by the
Supreme Court.
SEC. 14. Report of the Solicitor General or 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 together with the record and all the evidence presented in the
investigation for the final action of the Supreme Court.
C. COMMON PROVISIONS
SEC. 15. Suspension of attorney by Supreme Court. - After receipt of respondents answer or lapse of the period therefor, the
Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon the recommendation of the
Investigators, may suspend an attorney from the practice of his profession for any of the cause specified in Rule 138, Section
27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.

SEC. 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.
SEC. 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.
SEC. 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.
SEC. 19. Expenses. - All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings
are lawful charges for which the parties may be taxed as costs.
SEC. 20. Effectivity and Transitory Provision. - This Rule shall take effect on 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.

RULE I
TITLE AND CONSTRUCTION
SECTION 1. Title of the Rules. These Rules shall be known as the Rules of Procedure of the Commission on Bar Discipline,
Integrated Bar of the Philippines.
SEC. 2. Construction. Subject to the requirements of due process, these Rules shall be construed with the objective of
assisting any party in obtaining just resolution of his case through an expeditious and inexpensive proceeding before the
Commission.
SEC. 3. Suppletory Application of Rules of Court. In the absence of any applicable provision in these Rules or in Rule 139-B,
the pertinent provisions in the Revised Rules of Court of the Philippines may, in the interest of expeditious justice and
whenever practicable and convenient, be applied in a suppletory character and effect.
SEC. 4. Nature of Proceeding. Proceedings before the Commission shall be confidential in character and summary in nature.
RULE II
HOW INSTITUTED
SECTION 1. How Instituted. Complaint for disbarment, suspension or discipline of attorneys may be instituted before the
Commission on Bar Discipline by filing six (6) copies of a verified complaint. Complaint may be likewise filed before the
Supreme Court.
RULE III
PLEADINGS, NOTICES AND APPEARANCES
SECTION 1. Pleadings. The only pleadings allowed are verified complaint, verified answer and verified position papers and
motion for reconsideration of a resolution.
SEC. 2. Prohibited Pleadings. The following pleadings shall not be allowed, to wit:
a. Motion to dismiss the complaint or petition
b. Motion for a bill of particulars
c. Motion for new trial
d. Petition for relief from judgment

e. Supplemental pleadings
SEC. 3. Issuance of Summons. Within two (2) days from receipt of the verified complaint, the ommission shall issue the
required summons, attaching thereto a copy of the complaint and supporting documents, if any. The summons shall indicate
that the respondent has fifteen (15) days from receipt within which to file six (6) verified copies of his answer.
RULE IV
VENUE AND ASSIGNMENT OF CASES
SECTION 1. Venue a) All cases filed before or referred to the Integrated Bar of the Philippines shall be heard by the
Commission on Bar Discipline in its principal office at the IBP Bldg., Julia Vargas St., Ortigas Center, Pasig City.
SEC. 2. Raffle of Cases. All cases shall be assigned to an Investigating Commissioner by raffle.
SEC. 3. Consolidation of Cases. Where there are two or more cases pending before the Commission involving the same
parties, the same shall motu propio be consolidated with the first case filed to avoid unnecessary costs or delay.
SEC. 4. Referral to Chapter President. Upon agreement of parties or upon motion based on meritorious ground, the
Investigating Commissioner, upon endorsement of the Board of Governors, may refer to the Chapter President concerned
reception of evidence from the complainant or respondent or their respective witnesses. Such evidence shall then be
forwarded by the Chapter President to the Investigating Commissioner for evaluation and consideration in the preparation of
his report and recommendation.
RULE V
PROCEEDINGS BEFORE COMMISSION ON BAR DISCIPLINE
SECTION 1. Mandatory Conference. Immediately upon receipt of the verified answer, the Investigating Commissioner shall
set a mandatory conference where, the following matters shall be taken:
1. Admissions
2. Stipulation of facts
3. Definition of issues
SEC. 2. Submission of Position Papers. After the mandatory conference, the Investigating Commissioner shall direct both
parties to submit simultaneously their verified position papers with supporting documents and affidavits within an inextendible
period of ten (10) days from notice of termination of the mandatory conference.
SEC. 3. Determination of Necessity of Clarificatory Questioning. Immediately after the submission by the parties of their
position papers, the Investigating Commissioner shall determine whether there is a need to conduct clarificatory questioning.
If necessary, a hearing date shall be set wherein the Investigating Commissioner shall ask clarificatory questions to the
parties or their witnesses to further elicit facts or informations.
SEC. 4. Minutes of Proceedings. The proceedings before the Commission shall be recorded.
SEC. 5. Non-appearance of Parties, and Non-verification of Pleadings. a) Non-appearance at the mandatory conference or at
the clarificatory questioning date shall be deemed a waiver of right to participate in the proceeding. Ex parte conference or
hearings shall then be conducted. Pleadings submitted or filed which are not verified shall not be given weight by the
Investigating Commissioner.
SEC. 6. Issuance of an Order Submitting the Case for Decision. After the parties have submitted their position papers or after
the clarificatory questioning date, the Investigating Commissioner shall issue an order expressly declaring the submission of
the case for resolution.
SEC. 7. Period to Resolve Case. The Investigating Commissioner shall submit his report and recommendation to the Board
of Governors within thirty (30) calendar days from the date the order declaring the submission of the case for resolution was
issued.

RULE VI

OATH, SUBPOENA AND SERVICE OF PAPERS

SECTION 1. Oaths. A Commissioner has the authority to administer oaths on the conduct of the proceedings before him/her.
SEC. 2. Subpoena. The Investigating Commissioner may compel attendance of witnesses and production of pertinent
documents or papers by subpoena.
SEC. 3. Service of Papers. Service of papers or notices required by these rules shall be made upon the parties or
Commission, personally, by registered mail with return card or through e-mail if applicable.
RULE VII

CONTEMPT
SECTION 1. Contempt. The Investigating Commissioner has the authority to adjudge any party or witness in direct or indirect
contempt for misbehavior or obstruction of proceedings including disrespect towards the Investigating Commisioner or
disobedience to his lawful order or writ. Any person adjudged guilty of contempt may be fined not exceeding One Thousand
Pesos (P1,000.00).