Professional Documents
Culture Documents
Suspension, Disbarment, Readmission PDF
Suspension, Disbarment, Readmission PDF
Suspension, Disbarment, Readmission PDF
DISBARMENT
READMISSION TO THE PRACTICE OF
LAW
• Warn;
• Admonish;
• Reprimand;
• Suspend;
• Disbar a lawyer (Rule 138, Sec. 27, ROC);
• Interim Suspension; and
• Probation (IBP Guidelines).
Suspension, Disbarment & Discipline of Lawyers
Powers of the Court of Appeals and the Regional Trial Court with
regard to the discipline of errant lawyers
WARNING An act of putting one on his guard against an impending danger, evil, consequence or
penalty.
ADMONITION A gentle or friendly reproof, mild rebuke, warning, reminder, or counseling on a fault, error
or oversight; an expression of authoritative advice.
REPRIMAND A public and formal censure or severe reproof, administered to a person at fault by his
superior officer or the body to which he belongs.
DISBARMENT Act of the Supreme Court in withdrawing from an attorney the right to practice law. The
name of the lawyer is stricken out from the roll of attorneys.
INTERIM The temporary suspension of a lawyer from the practice of law pending imposition of final
SUSPENSION discipline.
PROBATION A sanction that allows a lawyer to practice law under specified conditions.
Suspension, Disbarment & Discipline of Lawyers
Main Objectives of Disbarment and Suspension
1. Sui Generis – neither a civil or a criminal proceeding; it does not involve a trial of an action or a
suit, but is rather an investigation by the Court into the conduct of one of its officers.
Not a civil action because there is neither plaintiff nor respondent, and involves no private
interest. The complainant is not a party and has no interest in the outcome except as all citizens have
in the proper administration of justice. There is no redress for private grievance.
Not a criminal prosecution because it is not meant as a punishment depriving him of source of
livelihood but rather to ensure that those who exercise the function should be competent, honorable
and reliable so that the public may repose confidence in them.
3. It can be initiated motu propio by the Supreme Court or by the IBP. It can be initiated without
a complainant.
4. It can proceed regardless of interest or lack of interest of the complainants, if the facts proven
so warrant.
Suspension, Disbarment & Discipline of Lawyers
5. It is imprescriptible.
6. It is conducted confidentially.
8. Whatever has been decided in a disbarment case cannot be a source of right that may be
enforced in another action.
12. Monetary claims cannot be granted except restitution and return of monies and properties of the
client given in the course of the lawyer-client relationship
Suspension, Disbarment & Discipline of Lawyers
1. Deceit;
2. Malpractice, or other gross misconduct in office;
3. Grossly immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
• No. A lawyer may be removed from office or suspended from the practice
of law on grounds other than those specifically provided in the law. The
statutory enumeration is not to be taken as a limitation on the general power
of SC to suspend or disbar a lawyer. (In Re: Puno, A.C. No. 389, Feb.28,
1967)
• Note: The Court has disbarred or suspended lawyers for reasons not found
in the statute as when their acts are contrary to honesty or good morals or do
not approximate the highest degree of morality and integrity expected of the
members of the bar. (Sta. Maria v. Tuazon, A.C. No. 396, July 31, 1964)
Suspension, Disbarment & Discipline of Lawyers
Where to file?
• A complaint for disbarment may be filed directly in the Supreme Court, the IBP National
Office or in any of the IBP Chapter Offices in the country.
• Note: The SC ordinarily refers disbarment cases to the IBP for investigation, report and
recommendation. However, referral of disbarment cases (filed with or initiated by the Supreme
Court) to the IBP is not mandatory.
• When an IBP Chapter receives a complaint, the same will be referred to the IBP National
Office for appropriate action.
Procedure for the Suspension, Disbarment and Discipline of Lawyers
Rules of Procedure
Procedural Steps for Procedural Steps of the Commission
Disbarment for Disbarment on Bar Discipline
Proceedings in the Proceedings in the (CBD) of the IBP
IBP Supreme Court B.M. No.
Rule 139-B Rule 139-B 1755 June 17,
2008
Suspension, Disbarment & Discipline of Lawyers
• Mitigating Circumstances; or
• Aggravating Circumstances.
Suspension, Disbarment & Discipline of Lawyers
Mitigating Circumstances
6. Remorse;
7. Age
Suspension, Disbarment & Discipline of Lawyers
Aggravating Circumstances
4. Multiple offenses;
5. Submission of false evidence, false statements, or other deceptive practices during
the disciplinary process;
6. Refusal to acknowledge wrongful nature of conduct;
What is reinstatement?
2. Assurance to the court that he now possesses the requisite proof and integrity necessary
to guarantee his worthiness to be restored to the practice of law;
6. Favorable endorsement of IBP as well as local government officials and citizens of his
community; and
7. Pleas of his loved ones.
Reinstatement
Effects of Reinstatement:
• No. The lifting of a lawyer’s suspension is not automatic upon the end of
the period stated in the Court’s decision, and an order from the Court
lifting the suspension at the end of the period is necessary in order to
enable [him] to resume the practice of his profession.
Reinstatement
Guidelines to be observed in the matter of the lifting of an order suspending a
lawyer from the practice of law
1. After a finding that respondent lawyer must be suspended from the practice of law,
the Court shall render a decision imposing the penalty.
2. Unless the Court explicitly states that the decision is immediately executory upon
receipt thereof, respondent has 15 days within which to file a motion for
reconsideration thereof. The denial of said motion shall render the decision final and
executory.
3. Upon the expiration of the period of suspension, respondent shall file a Sworn
Statement with the Court, through the Office of the Bar Confidant, stating therein that
he or she has desisted from the practice of law and has not appeared in any court during
the period of his or her suspension.
Reinstatement
4. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP
and to the Executive Judge of the courts where respondent has pending cases handled
by him or her, and/or where he or she has appeared as counsel.
6. Any finding or report contrary to the statements made by the lawyer under oath shall
be a ground for the imposition of a more severe punishment, or disbarment, as may be
warranted.