Canon 6 pt. 1

Under Canon 6, What happen’s when a lawyer takes the Lawyer’s Oath?

By taking the Lawyer’s Oath, a lawyer becomes a guardian of the law and an administrator of justice. As such, the lawyer shall observe the highest degree of morality, adhere to rigid standards of mental fitness, and faithfully comply with the rules of the legal profession.

Under Canon 6, what happens when lawyer’s fail to honor the lawyer’s oath?

Failure to honor this covenant makes the lawyer unfit to continue in the practice of law and accountable to society, the courts, the legal profession, and the client.

What is the nature of disciplinary proceedings against lawyers?

Section 1. Nature of disciplinary proceedings against lawyers. — Disciplinary proceedings against lawyers shall be confidential in character and summary in nature. Nonetheless, the final order of the  Supreme Court shall be published like its decisions in other cases.

How are disciplinary proceedings against lawyers instituted?

Section 2. How instituted. — Proceedings for the disbarment, suspension, or discipline of lawyers may be commenced by the Supreme Court on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the Integrated Bar of the Philippines (IBP), or by any person, before the Supreme Court or the IBP. However, a verified complaint against a government lawyer which seeks to discipline such lawyer as a member of the Bar shall only be filed in the Supreme Court.

What is the rule and exception for verified complaints filed before the Supreme Court?

A verified complaint filed with the Supreme Court may be referred to the IBP for investigation, report and recommendation, except when filed directly by the IBP, in which case, the verified complaint shall be referred to the Office of the Bar Confidant or such fact-finding body as may be designated.

What happens to complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers in the judicial service?

Complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers in the judicial service, whether they are charged singly or jointly with other respondents, and whether such complaint deals with acts unrelated to the discharge of their official functions, shall be forwarded by the IBP to the Supreme Court for appropriate disposition under Rule 140, as amended.

What shall be the content of the complaint?

Section 3. Contents of the complaint. — The complaint shall be verified. It shall state clearly and concisely the acts or omissions complained of and shall be supported by judicial affidavits of the witnesses and such other documents in support thereof. If the verified complaint is filed before the IBP, six (6) copies thereof 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.

Section 4. List of Investigating Commissioners; qualifications. — The IBP shall recommend to the Supreme Court one hundred fifty (150) lawyers in good standing and repute, whom the IBP shall proportionately select from its nine (9) regions. The IBP may periodically recommend the adjustment of the number of Investigating Commissioners to the Supreme Court according to the existing caseload.

The list, with the curriculum vitae of the recommended lawyers, shall be submitted by the IBP within a month from the effectivity of the Code.

Only those approved by the Supreme Court may be designated as Investigating Commissioners, who shall serve for a term of three (3) years, unless sooner removed, replaced or resigned.

An updated list shall be submitted by the IBP to the Supreme Court upon removal, replacement, or resignation of a lawyer previously designated as Investigating Commissioner by the Supreme Court.

All approved Investigating Commissioners shall take an oath of office in the form prescribed by the IBP. A copy of the Investigating Commissioner’s appointment and oath shall be transmitted to the Supreme Court.

Section 5. Assignment by raffle of Investigating Commissioner. — The IBP Board of Governors shall assign by raffle an Investigating Commissioner from among the lawyers approved by the  Supreme Court in the list submitted by the IBP or, when special circumstances so warrant, a panel of three (3) Investigating Commissioners, to investigate the complaint.

Section 6. Complaint against a government lawyer. — When a complaint is filed against a government lawyer, the Investigating Commissioner shall determine, within five days from assignment by raffle, whether the concerned agency, the Ombudsman, or the Supreme Court has jurisdiction. If the allegations in the complaint touch upon the lawyer’s continuing obligations under the CPRA or if the allegations, assuming them to be true, make the lawyer unfit to practice the profession, then the Investigating Commissioner shall proceed with the case. Otherwise, the Investigating Commissioner shall recommend that the complaint be dismissed.

Section 7. Disqualification of Investigating Commissioner. — An Investigating Commissioner shall, on his or her own initiative or upon motion, recuse from acting as such on the grounds of relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest, or where he or she has acted as counsel for either party, unless, in the last instance, the parties sign and enter upon the record their written consent.

Where an Investigating Commissioner does not disqualify himself or herself, a party may file the appropriate motion for disqualification before the IBP Board of Governors. The IBP Board of Governors shall resolve the motion within five days from receipt thereof. Upon vote of majority of the members present, there being a quorum, the IBP Board of Governors shall order the disqualification and designate a replace of the disqualified Investigating Commissioner. The decision of the IBP Board of Governors on the disqualification shall be final.

Section 8. Duties of the Investigating Commissioner. — The Investigating Commissioner shall investigate a complaint against any member of the Integrated Bar, and thereafter submit a report embodying the recommended action to the IBP Board of Governors, within a total period not exceeding one hundred eighty (180) calendar days, from assignment by raffle.

Section 9. Submissions allowed; verification. — The only submissions allowed are the complaint, answer, and position papers, all of which shall be verified.

A Certificate of Non-Forum Shopping shall accompany the verified complaint.

An unverified complaint shall be recommended for outright dismissal. An unverified answer or position paper shall not be considered.

Section 10. Prohibited submissions. — The following submissions are prohibited:

Section 11. Lack of prima facie showing of liability; outright dismissal. — Within fifteen (15) calendar days from assignment by raffle, if the Investigating Commissioner finds no prima facie showing of liability, the Investigating Commissioner shall recommend the outright dismissal of the complaint to the  Supreme Court. The Supreme Court may adopt the recommendation and dismiss the complaint outright. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings.

Section 12. Effect of death of lawyer on administrative disciplinary cases. — Disciplinary proceedings may not be instituted against a lawyer who has died. If such proceedings have been instituted notwithstanding the lawyer’s death, the administrative case against said lawyer shall be dismissed.

The death of the lawyer during the pendency of the case shall cause its dismissal.

Section 13. Issuance of summons. — Within fifteen (15) calendar days from assignment by raffle, the Investigating Commissioner shall issue the required summons, attaching thereto a copy of the verified complaint and supporting documents, if any. The summons shall require the respondent to file a verified answer.

Section 14. Verified answer. — The answer shall be verified and filed within thirty (30) calendar days from receipt of the summons. The verified answer shall be accompanied by judicial affidavits of the witnesses and such other documents in support thereof.

The respondent may, upon motion, for good cause, be given one extension of fifteen (15) calendar days to file the verified answer.

Two (2) copies of the verified answer shall be filed with the Investigating Commissioner, with proof of service on the complainant or the latter’s counsel.

Section 15. Dismissal after answer. — If the Investigating Commissioner finds that the complaint is not meritorious based on the verified answer, the Investigating Commissioner shall recommend to the Supreme Court the dismissal of the complaint. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings.

Section 16. Irrelevance of desistance, settlement, compromise, restitution, withdrawal, or failure to prosecute. — 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.

Section 17. Counsel de oficio. — The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel de officio to assist the complainant or the respondent during the investigation in case of need for such assistance.

Section 18. Investigation. — Upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. However, if despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte. In both instances, the investigation shall proceed with dispatch.

The respondent shall be given full opportunity to defend and be heard, whether through counsel or not, and to present witnesses.

The Investigating Commissioner shall have the power to issue subpoenae and administer oaths and affirmations in relation to the conduct of the proceedings.

Section 19. Indirect contempt. — Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigating Commissioner shall be dealt with as indirect contempt of court. The Investigating Commissioner shall require the alleged contemnor to show cause within ten (10) calendar days from notice. Upon receipt of the compliance or lapse of the period to comply, the Investigating Commissioner may conduct a hearing, if necessary, in accordance with the procedure set forth under Canon VI, Section 20 for hearings before the Investigating Commissioner. Such hearing shall be terminated within fifteen (15) calendar days from commencement. Thereafter, the Investigating Commissioner shall submit a report and recommendation to the IBP Board of Governors within a period of fifteen (15) calendar days from termination of the contempt hearing.

Within thirty (30) calendar days from receipt of the Investigating Commissioner’s report and recommendation on the contempt charge, the IBP Board of Governors, through a Resolution, may either adopt, modify or disapprove the recommendation of the Investigating Commissioner. The action of the IBP Board of Governors shall be immediately executory.

The action of the IBP Board of Governors may be appealed to the  Supreme Court. The execution of the order of contempt shall not be suspended, unless a bond is filed by the person adjudged in contempt, in an amount fixed by the IBP Board of Governors, conditioned upon compliance with and performance of the final action in the contempt case, if decided against the contemnor.

Section 20. Submission of preliminary conference briefs. — Immediately upon receipt of the verified answer, the Investigating Commissioner shall send a notice to the parties and counsels to simultaneously file, within a non-extendible period of ten (10) calendar days from receipt of the notice, their respective preliminary conference briefs which shall contain the following:

Section 21. Preliminary conference order; position papers. — Within ten (10) calendar days from receipt of the preliminary conference briefs, the Investigating Commissioner shall issue a Preliminary Conference Order, on the basis of such briefs submitted by the parties and counsels, summarizing the stipulated facts, issues and marked exhibits.

The Investigating Commissioner shall further direct the parties to submit their verified position papers within a non-extendible period of ten (10) calendar days from receipt of the preliminary conference order.

Section 22. Clarificatory hearing. — Within ten (10) calendar days from receipt of the last position paper, the Investigating Commissioner shall determine whether there is a need to conduct a hearing to clarify factual issues and confront witnesses.

If deemed necessary, the Investigating Commissioner shall set the hearing within fifteen (15) calendar days from such determination, and identify the factual issues to be made subject of the hearing.

The Investigating Commissioner may subpoena any witness to appear at the hearing to answer clarificatory questions. Thereafter, the Investigating Commissioner may allow the parties to confront the witnesses and propound their own clarificatory questions on the factual issues identified by the Investigating Commissioner.

The clarificatory hearing may be done in-person or through videoconferencing. If it is conducted in-person, the clarificatory hearing shall be done at the most convenient venue for the parties.
The clarificatory hearing shall be terminated within thirty (30) calendar days from its commencement.

Section 23. Minutes of proceedings. — The proceedings before the IBP shall be recorded.

Section 24. Non-appearance of parties. — Non-appearance at the clarificatory hearing shall be deemed a waiver of the right to participate therein.

Section 25. Issuance of report and recommendation by the Investigating Commissioner. — If there is no clarificatory hearing, the Investigating Commissioner shall render a report and recommendation and submit the same to the IBP Board of Governors within a non-extendible period of sixty (60) calendar days from receipt of the last position paper or lapse of the period given.

In case the Investigating Commissioner sets a clarificatory hearing, the report and recommendation shall be rendered and submitted to the IBP Board of Governors within a non-extendible period of thirty (30) calendar days from the termination of the hearing.

The report and recommendation shall be accompanied by the duly certified transcript of stenographic notes, or in lieu thereof, the audio recording, if any, or the Investigating Commissioner’s personal notes duly signed, which should be attached to the records, together with 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 Investigating Commissioner’s personal notes any relevant and pertinent testimonies.

If the hearing is conducted through videoconferencing, the proceedings shall be recorded by the Investigating Commissioner. It shall form part of the records of the case, appending thereto relevant electronic documents taken up or issued during the hearing.

Section 26. Submission of Resolution by the Board of Governors. – The IBP Board of Governors shall have a non-extendible period of ninety (90) calendar days from receipt of the Report and Recommendation of the Investigating Commissioner, within which to submit to the  Supreme Court its Resolution adopting, modifying or disapproving such Report and Recommendation.