SECTION 3

“Section 3. Duties of the National Grievance Investigator-The National Grievance Investigators

shall investigate all complaints against members of the Integrated Bar referred to them by the
IBP Board of Governors.”

 National Grievance Investigators – panel of 3 investigators appointed by IBP Board of

Governors

- Tasked with the investigation of complaints against members of Integrated

Bar
- Ascertains whether a complaint is meritorious

SECTION 4

“Section 4. Chapter assistance to complainant-The proper IBP Chapter may assist the
complainant(s) in the preparation and filing of his complaint(s).”

Who may assist complainants?

Proper IBP Chapter may assist in preparation and filing of complaint

Complaint must allege specific facts which constitute breaches or violations of:

a. Law
b. Code of Professional Responsibility
c. Legal Ethics

SECTION 5

“Section 5. Service or dismissal

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. 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 propio or
upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the
complainant.

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, unless the Supreme Court motu propio or upon recommendation of the IBP Board of
Governors, determines that there is no compelling reason to continue with the disbarment or
suspension proceedings against the respondent. (Amendment pursuant to Supreme Court
Resolution dated May 27, 1993 re Bar Matter 356).”
Meritorious Complaint:

1. Investigator shall direct that a copy be served upon the respondent.

2. Respondent required to answer the same within 15 days from the date of the service

Complaint does not merit action or Complaint not meritorious:

1. May be dismissed by the Board of Governors upon Investigator’s recommendation

2. Copy of the resolution of dismissal shall be furnished the complainant and the Supreme
Court.

3. Supreme Court may review the case motu proprio or upon timely appeal of the
complainant filed within 15 days from the notice of the dismissal of the complaint

Investigation shall not be interrupted or terminated by reason of the following:

a. Desistance

b. Restitution

c. Withdrawal of charges

d. Failure of complainant to prosecute charges

Investigation may be interrupted or terminated by:

a. Supreme court motu proprio determines there is no compelling reason to continue

disbarment or suspension proceedings

b. Recommendation of IBP Board of Governors to the supreme court to discontinue such

proceedings

SECTION 6

“Section 6. Verification and service of answer. — 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.”

Verification and Service of Answer:

1. Answer shall be verified

2. Original and 5 copies of the answer filed with the investigator with proof of service of a
copy thereof on the complainant or his counsel
 SECTION 7

“Section 7. Administrative counsel. — The IBP Board of Governors shall appoint a suitable
member of the Integrated Bar as counsel to assist the complainant of the respondent during the
investigation in case of need for such assistance.”

Administrative Counsel- assists complainant during the investigation

- Appointed by the IBP Board of Governors

SECTION 8

“Section 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.

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.

Willful failure or 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. The IBP Board of Governors may thereafter
conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for
hearings before the Investigator. Such hearing shall as far as practicable be terminated within
fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within a
like period of fifteen (15) days issue a resolution setting forth its findings and recommendations,
which shall forthwith be transmitted to the Supreme Court for final action and if warranted, the
imposition of penalty.”

Ex parte proceeding- conducted for the benefit of one party only

Investigation Process:

1. Investigator shall proceed with the investigation of the case upon:

a. Joinder of the issues

b. Failure of respondent to answer

2. An ex parte investigation of administrative complaint may only be conducted when the

respondent fails to appear despite reasonable notice. This means that there should be
no ex parte investigation
3. Respondent shall be given full opportunity to:

a. defend himself
 b. present witnesses on his behalf
c. be heard by him and counsel

4. If respondent fails to appear, investigation shall proceed ex parte.

5. Investigator shall terminate the investigation within 3 months from the date of its
commencement unless extended for good cause by the governors upon prior
application.

- Willful failure or refusal to obey a subpoena or any other lawful order issued by the
Investigator shall be dealt with as for indirect contempt of court.

Filing indirect contempt of court:

1. Investigator shall file before IBP Board of Governors

2. IBP Board of Governors shall require alleged contemnor to show cause within 10
days
3. IBP may now conduct hearings
4. Hearings shall be terminated within 15 days from its commencement, as far as
practicable
5. IBP Board of Governors shall issue a resolution setting forth its findings and
recommendations within 15 days.
6. Resolution shall be transmitted to the Supreme Court for final action and if
warranted, the imposition of penalty.