Procedure in the Disbarment and Other Disciplinary Proceedings I. Disbarment Proceedings, Judicial in Nature In a disbarment proceeding, the Supreme Court or the Integrated Bar of the Philippines conducts an investigation so as to determine the fitness of a lawyer to remain in the Roll of Attorneys. The Respondent lawyer is accorded due process of law and the ultimate authority to decide the matter of disbarment rests in the Supreme Court alone. Considering the serious consequences of disbarment or suspension, it has been consistently held that clearly preponderan t evidence is required to justify the impositi on of either penalty. II. Filing of Complaint and Investigation Officers Authorized to Investigate Disbarmen t Only the following officers are authorized to investigate cases of disbarment: 1.Supreme Court 2.IBP through its Commission on Bar Discipline or authorized investigators 3. Office of the Solicitor General The Court of Appeals and Regional Trial Courts can only investigate and take action against lawyers who appear for litigants in cases pending before them. The Court of Appeals and Regional Trial Courts, however, may only suspend but not disbar an attorney from practice of law for any of the causes stated in Section 16, Rule 139-B of the Rules of Court. The lawyer, once suspended, shall not practice law until the Supreme Court orders otherwise. It must be noted that the IBP has no jurisdiction to investigate violations of R.A. No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) unless the acts involved also transgress provisions of the Code of Professional Responsibility. III. Who can File a Complaint Again st 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. The Supreme Court may motu propio initiate the proceedings when they perceive acts of lawyers deserve sanctions, or when their attention is called by anyone and a probable cause exists that an act which requires disciplinary action was perpetrated by a lawyer. IV. Where to File Complaint for Disbarment A complaint for disbarment may be filed directly in the Supreme Court, the IBP National Office located at the IBP Bldg., Julia Vargas St., Ortigas Center, Pasig City, or in any of the IBP Chapter Offices in the Country. The Supreme Court usually refers disbarment cases to the IBP for investigation. Never theless, it may in certain circumstances opt to investigate the case by itself.
