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SECTION 3

Duties of the National Grievance Investigator

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
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.

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