SUSPENSION, DISBARMENT

and DISCIPLINE of LAWYERS

Rule 139-B of the Rules of Court
 Rationale behind Disciplinary Measures
against Erring Lawyers

Practice of law is in the nature of a privilege. Hence, the

same may be suspended or removed from the lawyer for
reasons provided in the rules, law and jurisprudence.

NOTE: A lawyer may be disciplined or suspended for any

misconduct professionally or privately (Cruz v. Atty. Jacinto,
Adm. Case No. 5235, March 22, 2000).
 Rationale behind Disciplinary Measures
against Erring Lawyers

The power to discipline a lawyer is JUDICIAL in nature and

can be exercised only by the courts. It cannot be defeated
by the legislative or executive departments.

NOTE: The power to disbar and to reinstate is an inherently

judicial function (Andres v. Cabrera, SBC- 585, Feb. 29, 1984).
 Forms of disciplinary measures
1. Warning – an act of putting one on his guard against an
impending danger, evil, consequence or penalty;
2. Admonition – a gentle or friendly reproof, mild rebuke,
warning, reminder, or counseling on a fault, error or
oversight; an expression of authoritative advice;
3. 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;
4. Censure – official reprimand;
 Forms of disciplinary measures
1. Warning – an act of putting one on his guard against an
impending danger, evil, consequence or penalty;
2. Admonition – a gentle or friendly reproof, mild rebuke,
warning, reminder, or counseling on a fault, error or
oversight; an expression of authoritative advice;
3. 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;
4. Censure – official reprimand;
 Forms of disciplinary measures
5. Suspension – temporary withholding of a lawyer’s right to
practice his profession as a lawyer for a certain period or for
an indefinite period of time:
a. Definite;
b. Indefinite – qualified disbarment; lawyer determines for
himself how long or how short his suspension shall last by proving to
court that he is once again fit to resume practice of law.
NOTE: Indefinite suspension is not cruel. Indefinite suspension put in his
hands the key for the restoration of his rights and privileges as a lawyer
(Dumadag v. Atty. Lumaya, A.C. No. 2614, June 29, 2000).
 Forms of disciplinary measures

6. Disbarment – it is the act of the Supreme Court of

withdrawing from an attorney the right to practice
law. The name of the lawyer is stricken out from the
Roll of Attorneys;
 Forms of disciplinary measures

7. Interim Suspension – it is the temporary suspension

of a lawyer from the practice of law pending
imposition of final discipline;
Includes:
a. Suspension upon conviction of a “serious crime”;
b. Suspension when the lawyer’s continuing conduct is or is likely
to cause immediate and serious injury to a client or public

8. Probation – it is a sanction that allows a lawyer to

practice law under specified conditions.
 Sui generis in nature

Administrative cases against lawyers belong to a class

of their own (sui generis). They are distinct from and
may proceed independently of civil and criminal cases
(In re Almacen, G.R. No. L-27654, Feb. 18, 1970;
Funa, 2009).
 Ylaya v. Gacott AC No. 6475 Jan. 13, 2013

The complainant in disbarment cases is not a direct party to the case

but a witness who brought the matter to the attention of the Court.
Flowing from its sui generis character, it is not mandatory to have a
formal hearing in which the complainant must adduce evidence. From
all these, we find it clear that the complainant is not indispensable to
the disciplinary proceedings and her failure to appear for cross-
examination or to provide corroborative evidence of her allegations is
of no merit. What is important is whether, upon due investigation, the
IBP Board of Governors finds sufficient evidence of the respondent’s
misconduct to warrant the exercise of its disciplinary powers.
 Bernaldez v. Anquilo-Garcia AC No. 8698
Aug. 31, 2016
…administrative proceedings against lawyers are sui generis and they belong to a
class of their own…The instant administrative case is, thus, distinct from and may
proceed independently of the election case. E.P. Case No. 38 refers to an election
contest involving fraud or irregularities committed in the conduct of the elections,
while the present disbarment case seeks to discipline Atty. Anquilo-Garcia as a
lawyer for her alleged gross misconduct, deceit, violation of her oath as a lawyer,
and abuse of authority as notary public. Thus, there is no need to await the final
resolution of the election protest filed by the complainant before the instant
disbarment case may be acted upon.

Likewise, the fact that the complainant filed a withdrawal of the complaint during
the pendency of this case is of no moment…the complainant's affidavit of
desistance cannot have the effect of abating the administrative proceedings in
view of the public service character of the practice of law and the nature of
disbarment proceedings as a public interest concern.
 Confidential in nature

Three-fold purpose of confidentiality of DP:

1. To enable the court to make its investigation free from
extraneous influence or interference;
2. To protect the personal and professional reputation of attorneys
from baseless charges of disgruntled, vindictive and irresponsible
persons or clients …(Albano v. Coloma, A.C. No. 528, Oct. 11, 1967);
3. To deter the press from publishing charges or proceedings based
thereon for even a verbatim reproduction of the complaint against
an attorney in the newspaper may be actionable.
 Tan, et. al. v. IBP Commission on Bar Discipline and Atty. Jaime N.
Soriano G.R. No. 173940 Sept. 5, 2006

“Disciplinary proceedings against a lawyer are private and confidential

until its final determination. The confidential nature of the proceedings
has a three-fold purpose…”
 Prescription

There is no prescriptive period for the filing of a

complaint against an erring lawyer
Rule VII, Section 1 of the Rules of Procedure of the CBD-IBP, which
provides for a prescriptive period for the filing of administrative
complaints against lawyers, should be struck down as void and of
no legal effect for being ultra vires (Heirs of Falame v. Atty. Baguio,
A.C. No. 6876, Mar. 7, 2008).
 Grounds

1. Deceit;
2. Malpractice;
It refers to any malfeasance or dereliction of duty
committed by a lawyer (Tan TekBeng v. David, Adm.
Case No. 1261, Dec. 29 1983; Lapena,Jr., 2009).
3. Violation of oath of office;
 Grounds

4. Gross misconduct
…any inexcusable, shameful or flagrant unlawful
conduct on the part of the person concerned in the
administration of justice which is prejudicial to the
rights of the parties or to the right determination of a
cause, a conduct that is generally motivated by a
predetermined, obstinate or intentional purpose.
(Yumol Jr. v. Ferrer, Sr., A.C. No. 6585, Apr. 21, 2005)
 Grounds

5. Grossly immoral conduct

It is one that is so corrupt and false as to constitute a

criminal act or so unprincipled or disgraceful as to be
reprehensible to a high degree (Vitug v. Rongcal, A.C.
No. 6313, Sept. 7, 2006);
 Grounds

6. Conviction of a crime involving moral turpitude;

Moral Turpitude has been defined as “everything that is
done contrary to justice, honesty, modesty, or good morals,
an act of baseness, vileness, or depravity in the private
duties which a man owes his fellowmen, or to society in
general, contrary to the accepted and customary rule of
right and duty between man and woman, or conduct
contrary to justice, honesty modesty, or good morals
(Soriano v. Dizon, A. C. No. 6792, Jan. 25, 2006).
 Grounds

7. Conviction of a crime involving moral turpitude;

Moral Turpitude has been defined as “everything that is
done contrary to justice, honesty, modesty, or good morals,
an act of baseness, vileness, or depravity in the private
duties which a man owes his fellowmen, or to society in
general, contrary to the accepted and customary rule of
right and duty between man and woman, or conduct
contrary to justice, honesty modesty, or good morals
(Soriano v. Dizon, A. C. No. 6792, Jan. 25, 2006).
 Grounds

8. Corrupt or willful appearance as an attorney for a

party to a case without authority to do so (RRC, Sec.
27, Rule 138);
9. Non-payment of IBP membership dues (Santos, Jr.
v. Atty. Llas, Adm. Case No. 4749, January 20, 2000).
 Proceedings
BAR MATTER NO. 1960 (MAY 1, 2000)
AMENDMENT TO SEC. 1, RULE 139-B OF THE ROC
Proceedings discipline of attorneys may be taken by the:
1. Supreme Court motu proprio; or
2. 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.
 Some Mitigating Circumstances in disbarment

1. Good faith in the acquisition of a property of the client subject of

litigation (In Re: Ruste, A.M. No. 632, June 27, 1940);
2. Inexperience of the lawyer (Munoz v. People, G.R. No. L-33672,
Sept. 28, 1973);
3. Age (Santos v. Tan, A.C. No. 2697, Apr. 19, 1991);
4. Apology (Munoz v. People, G.R. No. L- 33672, Sept. 28, 1973);
5. Lack of Intention to slight or offend the Court (Rheem of the
Philippines, Inc. v. Ferrer, G.R. No. L-22979, Jan. 27, 1967);
IMPORTANT: Disbarment should not be
decreed where any punishment less severe such
as reprimand, suspension or fine would
accomplish the end desired (Amaya v. Tecson,
A.C. No. 5996, Feb. 7, 2005).
 Some Aggravating Circumstances in disbarment

1. Prior disciplinary offenses; (IBP Guidelines 9.22)

2. Dishonest or selfish motives;
3. A pattern of misconduct;
4. Multiple offenses;
5. Bad faith obstruction of the disciplinary proceeding by
intentionally failing to comply with rules or orders of the
disciplinary agency;
6. Submission of false evidence, false statements, or other
deceptive practices during the disciplinary process;
 DISCIPLINE OF FILIPINO LAWYERS
PRACTICING ABROAD

The judgment of suspension against a Filipino lawyer in a foreign

jurisdiction does not automatically result in his suspension or
disbarment in the Philippines as the acts giving rise to his
suspension are not grounds for disbarment and suspension in this
jurisdiction. Judgment of suspension against a Filipino lawyer may
transmute into a similar judgment of suspension in the Philippines
only if the basis of the foreign court's action includes any of the
grounds for disbarment or suspension in this jurisdiction. Such
judgment merely constitutes prima facie evidence of unethical
acts as lawyer (Velez v. De Vera, A.C. No. 6697, July 25, 2006).
 READMISSION TO THE BAR

Reinstatement is the restoration of the privilege to

practice law after a lawyer has been disbarred. The
applicant must, satisfy the Court that he is a person of
good moral character – a fit and proper person to
practice law.
 Effect of the EXECUTIVE PARDON
granted by the President

If during the pendency of a disbarment proceeding the

respondent was granted executive pardon, the dismissal of
the case on that sole basis will depend on whether the
executive pardon is absolute or conditional.
1. Absolute or unconditional pardon - the disbarment case
will be dismissed.
2. Conditional pardon - the disbarment case will not be
dismissed on the basis thereof.
 Effect of the EXECUTIVE PARDON
granted by the President

To be reinstated, there is still a need for the filing of

an appropriate petition with the Supreme Court
(In re: Rovero, A.M. No. 126, Dec. 29, 1980).
 READMISSION TO THE BAR OF
LAWYERS WHO HAVE BEEN SUSPENDED

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 (J.K. Mercado and Sons Agricultural
Enterprises, Inc. et al. v. Atty. de Vera, et al. and Atty.
de Vera v. Atty. Encanto, et al.).
 READMISSION TO THE BAR OF
LAWYERS WHO HAVE BEEN DISBARRED
1. There must be proof of remorse and reformation.
2. Sufficient time must have elapsed from the imposition of the penalty to
ensure a period of reform.
3. The age of the person asking for clemency must show that he still has
productive years ahead of him that can be put to good use by giving him a
chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude, learning
or legal acumen or contribution to the legal scholarship and the development
of the legal system), as well as potential for public service.
5. There must be other relevant factors and circumstances that may justify
clemency.
 READMISSION TO THE BAR OF
LAWYERS WHO HAVE BEEN DISBARRED

Whether or not the applicant shall be reinstated rests

on the discretion of the court (Prudential Bank v.
Benjamin Grecia, A.C. No. 2756, Dec. 18, 1990).

The court may require an applicant for reinstatement

to enroll in and pass the required fourth year review
classes in a recognized law school (Cui v. Cui, In Re:
Resian, A.C. No. 270, Mar. 20, 1974).
 EFFECTS OF READMISSION TO THE BAR OF
LAWYERS WHO HAVE BEEN DISBARRED
1. Reinstatement to the roll of attorneys wipes out the
restrictions and disabilities resulting from a previous
disbarment (Cui v. Cui, G.R. No. L-18727, Aug. 31, 1964);
2. Recognition of moral rehabilitation and mental fitness to
practice law;
3. Lawyer shall be subject to same law, rules and
regulations as those applicable to any other lawyer; and
4. Lawyer must comply with the conditions imposed on his
readmission.
 READMISSION TO THE BAR OF
LAWYERS WHO HAVE BEEN REPATRIATED
Before a lawyer who reacquires Filipino citizenship pursuant to R.A.
9225 can resume his law practice, he must first secure from the SC
the authority to do so, conditioned on:
1. The updating and payment in full of the annual membership
dues in the IBP;
2. The payment of professional tax;
3. The completion of at least 36 credit hours of mandatory
continuing legal education, this is especially significant to refresh
the applicant/petitioner’s knowledge of Philippine laws and update
him of legal developments; and
 READMISSION TO THE BAR OF
LAWYERS WHO HAVE BEEN REPATRIATED

4. The retaking of the lawyer’s oath which will not only

remind him of his duties and responsibilities as a lawyer and
as an officer of the Court, but also renew his pledge to
maintain allegiance to the Republic of the Philippines
(Petition for Leave to Resume Practice of Law of Benjamin
Dacanay, B.M. No. 1678, Dec. 17, 2007).