Sie sind auf Seite 1von 3

RESOLUTION NO.

2019-001

A RESOLUTION SETTING THE RULES AND REGULATIONS FOR MANDATORY


CONFERENCE AND HEARING BEFORE THE IBP-CBD

Whereas, pursuant to Rule 139-B, the Integrated Bar of the Philippines (IBP) Board of
Governors (BoG) through the Commission on Bar Discipline (CBD) was empowered to police its
own ranks, investigate and penalize erring members of the Bar either in government and/or private
service except judges and justices.

Whereas, to implement Rule 139-B, the Court, in Bar Matter No. 1755, approved the Rules
of Procedure of the Commission on Bar Discipline (CBD) of the IBP on September 25, 2007.

Whereas, Rule IV of said Rules of Procedure sets the venue and assignment of cases as
follows:

SECTION 1. Venue. 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.

SECTION 2. Raffle of Cases. All cases shall be assigned to an Investigating Commissioner


by raffle.

Wherefore, be it resolved, as it is hereby resolved that the following are the specific rules
and regulations for all mandatory conferences and hearings before the IBP-CBD:

Pre-conference:
1. The Investigating Commissioner shall take an oath of office in the form prescribed by
the Board of Governors. A copy of the Investigating Commissioner’s appointment and
oath shall be transmitted to the Supreme Court.
2. 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.

Mandatory Conference:
3. 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 (Section 1, Rule V of the Rules of Procedures of IBP-CBD)
4. Admission of offense or guilt may be instituted by the respondent during the mandatory
conference but it will not hinder the investigation to proceed.
5. 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 (Section 2, Rule V of the Rules of Procedures
of IBP-CBD).
 The complainant and his/her witnesses shall submit an affidavit to be attached
to the complaint together with the supporting evidences/information in such
number of copies as there are accused plus two (2) copies for the court's
files.
6. 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 (Section 3, Rule V of the Rules of
Procedures of IBP-CBD).

Clarificatory Questioning/Hearing:
7. The Investigating Commissioner shall call to order a trial/hearing, as necessary,
regardless of the absence of any of the parties involved in the complaint.
 A Commissioner has the authority to administer oaths on the conduct of the
proceedings before him/her.
 He may also compel attendance of witnesses and production of pertinent
documents or papers by subpoena.
8. The Counsel of the complainant or plaintiff shall be allowed to deliver his/her opening
statement providing for the stipulation of facts and definition of issues.
9. The Counsel of the defendant shall likewise be allowed to deliver his/her opening
statement providing for the stipulation of facts and definition of issues.
10. The Counsel of the complainant or plaintiff may then present the evidences or
information in complete details.
11. The Counsel of the respondent may then rebut the evidences or information presented
by the other party. Counter evidences and information may be presented upon or after
the rebuttal.
12. The direct witness, if any, shall be called upon by the Counsel of the complainant to
testify on the witness stand. He shall be required to swear an oath.
13. The Counsel of the respondent shall be allowed to cross-examine the direct witness on
the basis of valid inquisition. In case the queries are found invalid, the Investigating
Commissioner may interfere.
14. Likewise, the direct witness, if any, of the defendant may then be called upon to testify
on the witness stand. He shall also be required to swear an oath.
15. The Counsel of the complainant shall be allowed to cross-examine the direct witness
of the defendant on the basis of valid inquisition. In case the queries are found invalid,
the Investigating Commissioner may interfere.
16. Only one indirect witness may be called by each counsel, in the same manner, as the
circumstances may so warrant, to support the claims of the direct witnesses.
17. The Counsel of the complainant or plaintiff shall be allowed to deliver his/her closing
statement providing for their final argument and prayer.
18. The Counsel of the defendant shall likewise be allowed to deliver his/her closing
statement providing for their counter argument and motion.
19. The Investigating Commissioner shall adjourn the mandatory conference.
20. As a rule, the preliminary and closing statements of each counsel as well as the
inquisition of all witnesses shall not exceed fifteen (15) minutes, subject to the request
for extension of either party which shall be expressly invoked in the circumstances
subject to the approval of the Investigating Commissioner.
21. The proceedings before the Commission shall be recorded as Minutes of Proceedings
(Section 4, Rule V of the Rules of Procedures of IBP-CBD).
22. 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 (Section 5, Rule V of the
Rules of Procedures of IBP-CBD).
Resolved further, as it is hereby resolved that 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. 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 (Section 6 and 7, Rule V of the Rules of Procedures of IBP-CBD).

Resolved finally, that this Resolution shall take effect immediately after its publication in
a newspaper of general circulation.

Adopted and approved unanimously this November 11, 2019 in Pasig City, Philippines.

(signed)
DANTE O. CALAMBA
Chairman, Board of Governors

(signed)
ANGEL S. DOMINGO
Governor for Luzon

(signed)
ROAR A. CALLAMAN
Governor for Visayas

(signed)
JAYSON O. IRAN
Governor for Mindanao