Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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| [1] SECTION 1. How Instituted.—Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court ___________, or by the Integrated Bar of the Philippines (IBP) upon the ______________________. The complaint shall state clearly and concisely the facts complained of and shall be supported by ______________________ therein alleged and/or by such documents as may substantiate said facts. | 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. |
| [2] 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 any erring attorneys including those in the government service: Provided, however, That all charges against _______________ and the __________, and Judges of the Court of Tax Appeals and lower courts, even if ____________________, shall be filed with the Supreme Court: Provided, further, That charges filed against Justices and Judges before the IBP, including those filed ____________________, shall immediately be forwarded to the Supreme Court for disposition and adjudication. (As amended by Bar Matter No. 1960, May 1, 2000.) | 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 any erring attorneys including those in the government service: Provided, however, That all charges against Justices of the Court of Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court: Provided, further, That charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. (As amended by Bar Matter No. 1960, May 1, 2000.) |
| [3] SEC. 2. National Grievance Investigators.—The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a _______________ 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 Investigator's appointment and oath shall be transmitted to the Supreme Court. | SEC. 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 prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court. |
| [4] What are the grounds for disqualifying an Investigator? | (1) relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, (2) pecuniary interest, (3) personal bias, or (4) 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. (SEC. 2) |
| [5] What is the remedy if an Investigator refuses to 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. (SEC. 2) |
| [6] How else may an Investigator be removed? | Any Investigator may also be removed for cause, after the 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. 2) |
| [7] What must the Investigator do 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. (SEC. 5) |
| [8] What must the Investigator do if the complaint does not merit action? | 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. (SEC. 5) |
| [9] ____________________ by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or ____________________the same. (SEC. 5) | 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. (SEC. 5) |
| [10] The answer shall be __________. The original and five (5) legible copies of the answer shall be filed with the Investigator, with ____________________. | 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. 6) |
| [11] SEC. 8. Investigation.—Upon _______________ or upon _______________, the Investigator shall, with _______________, proceed with the investigation of the case. He shall have the power to ____________________. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and counsel. However, ____________________, the investigation shall proceed ex parte. | 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. |
| [12] The Investigator shall terminate the investigation within _____________________, unless extended for good cause by the Board of Governors upon prior application. (SEC. 8) | 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. (SEC. 8) |
| [13] Willful failure to refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for ____________________. The corresponding charge shall be filed by the Investigator before the ____________________ which shall require the alleged __________ to show cause within ten (10) days from notice. (SEC. 8) | Willful failure to 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. (SEC. 8) |
| [14] Under SEC. 9, depositions may be taken in accordance with the Rules of Court with leave of the investigators). Before whom may depositions be taken? | (1) 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. (2) 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. (3) 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. 9) |
| [15] SEC. 11. Defects.—No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect ___________________, in which event the Board shall take such remedial action as the circumstances may warrant, including ___________________. | SEC. 11. Defects.—No defect in a complaint, notice, answer, or in the proceeding or the Investigator's 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 such remedial action as the circumstances may warrant, including invalidation of the entire proceedings. |
| [16] 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 __________ and shall clearly and distinctly state the ____________________. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report. | (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 Investigator's Report. |
| [17] SEC. 12. Review and decision by the Board of Governors.— (b) If the Board, by the vote of a ___________________, 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 ___________________. | (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. |
| [18] SEC. 12. Review and decision by the Board of Governors.— (c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as ___________________) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless ___________________, 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. | (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 Board's 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. |