• 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 Chapter assistance to complainant 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: • Law • Code of Professional Responsibility • Legal Ethics SECTION 4 Chapter assistance to complainant 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: • Law • Code of Professional Responsibility • Legal Ethics Meritorious Complaint: 1. Investigator shall direct that a copy be served upon the respondent. 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: • Desistance • Restitution • Withdrawal of charges • Failure of complainant to prosecute charges Investigation may be interrupted or terminated by: • Supreme court motu proprio determines there is no compelling reason to continue disbarment or suspension proceedings • Recommendation of IBP Board of Governors to the supreme court to discontinue such proceedings SECTION 6 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 Administrative Counsel • assists complainant during the investigation • Appointed by the IBP Board of Governors Investigation Process:
1. Investigator shall proceed with the
investigation of the case upon: • Joinder of the issues • 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 Investigation Process: 3. Respondent shall be given full opportunity to: • defend himself • present witnesses on his behalf • 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. 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.