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PART 2
complainant or the respondent during the SEC. 10. Report of Investigator.—Not later than
investigation in case of need for such assistance. thirty (30) days from the termination of the
investigation, the Investigator shall submit a report
SEC. 8. Investigation.—Upon joinder of issues
containing his findings of fact and recom-
or upon failure of the respondent to answer, the
mendations to the IBP Board of Governors,
Investigator shall, with deliberate speed, proceed
together with the stenographic notes and the
with the investigation of the case. He shall have the
transcript thereof, and all the evidence presented
power to issue subpoenas and administer oaths.
during the investigation. The submission of the
The respondent shall be given full opportunity to
report need not await the transcription of the
defend himself, to present witnesses on his behalf,
stenographic notes, it being sufficient that the
and be heard by himself and counsel. However, if
report reproduce substantially from the
upon reasonable notice, the respondent fails to
Investigator's personal notes any relevant and
appear, the investigation shall proceed ex parte.
pertinent testimonies.
The Investigator shall terminate the
SEC. 11. Defects.—No defect in a complaint,
investigation within three (3) months from the date
notice, answer, or in the proceeding or the
of its commencement, unless extended for good
Investigator's Report shall be considered as
cause by the Board of Governors upon prior
substantial unless the Board of Governors, upon
application.
considering the whole record, finds that such
Willful failure to refusal to obey a subpoena or defect has resulted or may result in a miscarriage of
any other lawful order issued by the Investigator justice, in which event the Board shall take such
shall be dealt with as for indirect contempt of remedial action as the circumstances may warrant,
court. The corresponding charge shall be filed by including invalidation of the entire proceedings.
the Investigator before the IBP Board of Governors
SEC. 12. Review and decision by the Board of
which shall require the alleged contemnor to show
Governors.—
cause within ten (10) days from notice. The IBP
Board of Governors may thereafter conduct (a) Every case heard by an investigator
hearings, if necessary, in accordance with the shall be reviewed by the IBP Board of
procedure set forth in this Rule for hearings before Governors upon the record and evidence
the Investigator. Such hearing shall as far as transmitted to it by the Investigator with his
practicable be terminated within fifteen (15) days report. The decision of the Board upon such
from its commencement. Thereafter, the IBP Board review shall be in writing and shall clearly and
of Governors shall within a like period of fifteen distinctly state the facts and the reasons on
(15) days issue a resolution setting forth its findings which it is based. It shall be promulgated
and recommendations, which shall forthwith be within a period not exceeding thirty (30) days
transmitted to the Supreme Court for final action from the next meeting of the Board following
and if warranted, the imposition of penalty. the submittal of the Investigator's Report.
SEC. 9. Depositions.—Depositions may be (b) If the Board, by the vote of a
taken in accordance with the Rules of Court with majority of its total membership, determines
leave of the investigators). that the respondent should be suspended from
the practice of law or disbarred, it shall issue a
Within the Philippines, depositions may be
resolution setting forth its findings and
taken before any member of the Board of
recommendations which, together with the
Governors, the President of any Chapter, or any
whole record of the case, shall forthwith be
officer authorized by law to administer oaths.
transmitted to the Supreme Court for final
Depositions may be taken outside the action.
Philippines before a diplomatic or consular
(c) If the respondent is exonerated by
representative of the Philippine Government or
the Board or the disciplinary sanction imposed
before any person agreed upon by the parties or
by it is less than suspension or disbarment
designated by the Board of Governors.
(such as admonition, reprimand, or find) it
Any suitable member of the Integrated Bar in shall issue a decision exonerating respondent
the Place where a deposition shall be taken may be or imposing such sanction. The case shall be
designated by the Investigator to assist the deemed terminated unless upon petition of
complainant or the respondent in taking a the complainant or other interested party filed
deposition. with the Supreme Court within fifteen (15)
LEGAL PROFESSION NOTES 3
PART 2
days from notice of the Board's resolution, the receipt of such certified copy and statement, the
Supreme Court orders otherwise. Supreme Court shall make a full investigation of the
case and may revoke, shorten or extend the
(d) Notice of the resolution or decision
suspension, or disbar the attorney as the facts may
of the Board shall be given to all parties
warrant.
through their counsel. A copy of the same shall
be transmitted to the Supreme Court. SEC. 18. Confidentiality.—Proceedings against
attorneys shall be private and confidential.
B. PROCEEDINGS IN THE SUPREME COURT However, the final order of the Supreme Court shall
be published like its decisions in other cases.
SEC. 13. Supreme Court Investigators.—In
proceedings initiated motu proprio by the Supreme SEC. 19. Expenses.—All reasonable and
Court or in other proceedings when the interest of necessary expenses incurred in relation to
justice so requires, the Supreme Court may refer disciplinary and disbarment proceedings are lawful
the case for investigation to the Solicitor General or charges for which the parties may be taxed as
to any officer of the Supreme Court or judge of a costs.
lower court, in which case the investigation shall
SEC. 20. Effectivity and Transitory Provision.—
proceed in the same manner provided in sections 6
This Rule shall take effect on June 1, 1988 and shall
to 11 hereof, save that the review of the report of
supersede the present Rule 139 entitled
investigation shall be conducted directly by the
"DISBARMENT OR SUSPENSION OF ATTORNEYS." All
Supreme Court.
cases pending investigation by the Office of the
SEC. 14. Report of the Solicitor General or Solicitor General shall be transferred to the
other Court designated Investigator.—Based upon Integrated Bar of the Philippines Board of
the evidence adduced at the investigation, the Governors for investigation and disposition as
Solicitor General or other Investigator designated provided in this Rule except those cases where the
by the Supreme Court shall submit to the Supreme investigation has been substantially
Court a report containing his findings of fact and completed. (Bar Matter No. 356, Resolution April
recommendations together with the record and all 13, 1988.)
the evidence presented in the investigation for the
final action of the Supreme Court.
FERNANDEZ VS. GRECIA
C. COMMON PROVISIONS
CHARACTERS:
SEC. 15. Suspension of attorney by Supreme Alberto Fernandez -cardiologist
Court.—After receipt of respondent's answer or Isabelo Ongteco –head, OB-gyne
lapse of the period therefor, the Supreme Achilles Bartolome -urologist
Court, motu proprio, or at the instance of the IBP St. Lukes Medical Center
Board of Governors upon the recommendation of versus
the Investigators, may suspend an attorney from Atty. Benjamin Grecia
the practice of his profession for any of the causes -charged with dishonesty and grave misconduct in
specified in Rule 138, Section 27, during the connection with the theft of some pages from the
pendency of the investigation until such suspension medical chart. –Aug. 20, 1991
is lifted by the Supreme Court. -disbarred for his immoral complicity or unholy
alliance w/a Judge in QC to rip off banks and
SEC. 16. Suspension of attorney by the Court of
Chinese’s business. –Nov.12, 1987
Appeals or a Regional Trial Court.—The Court of
(3yrs later, he was reinstated in the profession)
Appeals or Regional Trial Court may suspend an
attorney from practice for any of the causes named
Atty. Aves –respondent’s client
in Rule 138, Section 27, until further action of the
Fe Linda Aves –wife of Atty. Aves, died bec. Of pre-
Supreme Court in the case.
eclampsia
SEC. 17. Upon suspension by Court of Appeals
or Regional Trial Court, further proceedings in Acting Branch of Clerk: Arnie Sandico and Avelina
Supreme Court.—Upon such suspension, the Court Robles
of Appeals or a Regional Trial Court shall forthwith -witnesses when Grecia tore the pages of the
transmit to the Supreme Court a certified copy of medical chart
the order of suspension and a full statement of the Sid-Grecia’s driver whom Grecia gave the pages.
facts upon which the same was based. Upon PO3 Alabastro –proved that Sid is Grecia’s driver.
LEGAL PROFESSION NOTES 4
PART 2
Fernandez et al filed a disbarment case against Atty 1. Atty. Grecia has no reason or motive to remove
Grecia for theft of documents pertaining to the or detach the alleged pages 72 and 73 of the
latter’s case against the petitioners. (Fernandez et medical chart because the entries and contents
al.) thereof are material and favourable to the claim of
In view of Atty Grecia's unprofessional conduct, the his clients against complainants.
petitioners filed the case for disbarment. 2. the court practices unholy alliance of Judge
Bernad.
Issue: Whether or not the disbarment case is
meritorious. 3. massive suppression of whole body of evidence
decisive of the innocence of atty. Grecia.
Ruling:
4. Judge Bernad supressed and withheld from the
The Supreme Court cited Rule 1.01 and Canon 7 in court the strong and positive declaration of judge
the Rules of Professional Responsibility being teresita capulong that atty. Grecia was not present
violated by Atty Grecia, notwithstanding that he when the alleged incident happened and that she
was once disbarred to practice law on November did not ask him to explain anything.
12, 1987 for his 'unholy alliance' with a judge in
5. Judge bernad supressed and withheld from the
Quezon city to rip off banks and Chinese business court the admission of complainants’ lawyer, atty.
firms. And that 8 months after the Supreme Court
Bu castro, that he was the one who borrowed the
heeding his pleas for compassion and promise to medical chart and not atty. Grecia.
mend his ways, it was just eight months after that
he is faced with yet another disbarment case. In 6. Judge Bernad had supressed the fact that there
evaluating the testimonies of the witnesses, the was no confusion and that the man from whom
court states that they are entirely credible and Judge Capulong allegedly got the pages of the
without any guile not attempt at fabrication, medical chart stayed in the courtroom for
remaining constant even under pressure of cross- sometime but neither the clerk, the judge nor the
examination, and absolutely no motive to testify lawyers of the complainants caused his arrest filed
falsely against the respondent. To quote the a motion for contempt or got his name and full
Supreme Court’s decision, they say that "by identity.
descending to the level of a common thief,
respondent Grecia has demeaned and disgraced 7. Judge Bernad criminally supressed and withheld
the legal profession. He has demonstrated his the fact that no complaint and no affidavit was filed
moral unfitness to continue as a member of the in the case and that the records of civil case no.
honorable fraternity of lawyers. He has forfeited his 3548-v-91 do not contain any report, affidavit or
membership in the BAR." complaint or information on alleged untoward
incident.
Atty Grecia was then ordered disbarred, his license
8. Judge Bernad supressed the fact that long after
to practice law in the Philippines cancelled and his
the alleged incident, the Quasha Law office got
name was ordered to be stricken out of the Roll of
back the medical chart without any protest or
Attorneys.
LEGAL PROFESSION NOTES 5
PART 2
reservation that any page/s thereof were lost, previous student of petioner’s father; college
detached, torn or crumpled. classmate of her mother; friend of her sister,
separated with his wife for 16yrs. But marriage was
9. Judge Bernad did not exert effort to have the not annulled yet, had a son, promised marriage to
mystery man produced before him so he can be the petitioner, suggests abortion.
confronted. He alone can prove what paper/s were
given to him and who gave it to him. FACTS:
10. Evidence of similar act of planting evidence by TRANS had been known by the BARRIENTOS family
the Quasha law office was suppressed by Judge for quite sometime being the former student of
Bernad. Victoria BARRIENTOS ’father and a former
11. The police ha recently gotten hold of his classmate of Victoria BARRIENTOS’ mother. TRANS
extremely vital witness, “the unidentified man” courted BARRIENTOS and after a week of courtship,
mentioned in the decision of the court. BARRIENTOS accepted TRANS’ love. At this time,
TRANS was separated from his wife for 16 years.
12. Judge bernad supressed and did not include in BARRIENTOS, with her parent’s permission, was
his findings the facts which are decisively TRANS’ partner during the Chamber Commerce
destructive of his absolutely false findings. affair. After the event and before going home, they
parked the jeep at the beach and there they had
RULING: sexual intercourse.
They consummated the sexual act. This was their
1. Respondent had no duty to complaint to
set up until BARRIENTOS got pregnant. TRANS
furnish him a copy of his report in the
suggested abortion but BARRIENTOS
disbarment case. That report was submitted
disagreed. During her pregnancy until she gave
to the Court solely for its use.
birth, it was BARRIENTOS’ family who took care of
2. Complainants cite 14 instances in w/c
her. TRANS asked them to go to Manila so they will
respondent allegedly made false statements
get married, but then when they arrived, TRANS
in his report to the court.
called them, admitting that he is already married
3. What complainants must know is that, the
but will annul the previous marriage and will give
Court assumes full responsibility for all its
support for the baby. They went back to Zambales,
acts. Its personnel cannot answer and
then when she was about to deliver the baby
should not be made to answer for acts of
TRANS asked them to go to Cebu to deliver the
the court.
baby, but they got no response from TRANS since
4. Complainants allege that respondent
then. BARRIENTOS then filed an administrative case
Bernad is a close personal friend of Atty.
against TRANS. with the National Electrification
Pompeyo Nolasco, counsel of the
Administration which was however
complainants in the disbarment case
dismissed. Hence, the present petition.
against Grecia,and that because of this,
Bernard’s objectivity and impartiality were
Issue: W/n Trans should be disbarred.
in grave doubt and and in serious question.
never married. These circumstances belie TRANS’ administration of justice. He further alleges that
claim that the BARRIENTOS family knew about his respondent judge has been maliciously delaying the
marital status at the very start of the courtship.But disposition of several cases pending his sala.
what surprises the Court is the perverted sense of
TRANS’ moral values when he said that “I see He, yet again, filed a second-letter complaint
nothing wrong withthis relationship despite my against Judge Calderon and his Officer-in-Charge
being married”. Worse, he even suggested
(OIC) Maniago for grave abuse of authority and
abortion. The practice of law is a privilege accorded
malicious delay in the administration of justice.
only to those who measure up to the exacting
standards of mental and moralfitness. TRANS’
having exhibited debased morality, the Court Judge Maliwanag, Judge Calderon, and OIC
is constrained to impose upon him the most Maniago filed their separate response to Atty.
severedisciplinary action --- disbarment. Balaoing’s allegations, in which, the court found
their response to be satisfactory.
ISSUES:
AM No. RTJ-90-580 DECISION:
BALAOING VS. CALDERON
April 27, 1993 The court dismissed the administrative complaints,
disbarred, and stricken Atty. Balaoing from the Roll
of Attorneys based on the ground that he wantonly
Ponente: Per Curiam
disregarded the court’s warning not to again file
FACTS: baseless and frivolous administrative complaints
and he adamantly refused to abide by Canon 11,
Complainant Atty. Balaoing filed several
Rule 11.03 and 11.04 of the Code of Professional
administrative complaints against different judges.
Responsibility.
His first complaint was against Hon. Dojillo which
was dismissed for lack of merit. Atty. Balaoing was CANON 11 — A LAWYER SHALL OBSERVE AND
then required to show cause why on why he should MAINTAIN THE RESPECT DUE TO THE COURTS AND
not be disciplinarily dealt with for suppressing TO JUDICIAL OFFICERS AND SHOULD INSIST ON
certain material facts and for engaging in forum SIMILAR CONDUCT BY OTHERS . . .
shopping. His explanation was declared
Rule 11.03 — A lawyer shall abstain from
unsatisfactory by the court and he was severely
scandalous, offensive or menacing language or
censured for having instituted a patently
behavior before the Courts.
unfounded and frivolous administrative action, and
warned that the commission by him of the same or Rule 11.04 — A lawyer shall not attribute to a Judge
similar misconduct will be dealt with more severely. motives not supported by the record or have no
materiality to the case.
He filed another administrative complaint against
Judge Maliwanag, charging the latter with grave
misconduct for failure and refusal to issue the
corresponding writ of execution prayed for by AM NO. 1625
complainant in his motion. The court resolved to BAUTISTA VS. GONZALES
February 12, 1990
dismiss the complaint, suspend complainant from
the practice of law for one (1) year, and impose a
fine of P1 000 in violation of the canons of code of Ponente: Per Curiam
professional responsibility.
FACTS:
Notwithstanding the above warnings, Balaoing
Bautista, Atty. Gonzales’ former client, filed a case
again filed administrative complaints to Judge
against the latter for malpractice, deceit, gross
Maliwanag and Calderon for misconduct, grave
misconduct, and violation of lawyer’s oath.
abuse of authority and malicious delay in the
LEGAL PROFESSION NOTES 7
PART 2
been sold at a public auction, he violated country, especially because the people have been
the principle that a lawyer should observe thinking that only the small fly can get it while big
honesty and fairness even in his private fishes go scot-free” was publicized in
dealings and failure to do so is a ground for leading newspapers.
disciplinary action against him.
3. By submitting falsified documents to the Now, the Court Resolved to require respondent to
Court of First Instance of Quezon City, he explain in writing why he should not be punished
violated section 20 (d) of Rule 138 which for contempt of court for making such public
provides that “A lawyer should never seek statements reported in the media. Respondent
to mislead the court by an artifice or false then sought to get some members of the Court to
statement of fact or law”. inhibit themselves in the resolution of the Zaldivar
4. By agreeing to accept a case and to pay all case for alleged bias and prejudice against him. A
expenses, including court fees, for a little later, he in effect asked the whole Court to
contingent fee of fifty percent (50%) of the inhibit itself from passing upon the Issue involved
value of property of litigation, he violated in proceeding and to pass on responsibility for this
Canon 42 of the Canons of Professional matter to the Integrated Bar of the Philippines,
Ethics which provides that a lawyer may not upon the ground that respondent cannot expect
properly agree with a client to pay or bear due process from this Court, that the Court has
the expenses of litigation. become incapable of judging him impartially and
fairly. The Court found respondent guilty of
Zaldivar vs. Sandiganbayan contempt of court and indefinitely suspended
from the practice of law. Now, he assails
Facts: The case stemmed from the resolution of the said conviction, invoking his freedom of speech.
Supreme Court stopping the respondent from Counsel for respondent urges that it is error "for
investigating graft cases involvingAntique Gov. this Court to apply the "visible tendency" rule
Enrique Zaldivar. The Court ruled that since the rather than the "clear and present danger" rule in
adoption of the 1987 Constitution, respondent’s disciplinary and contempt charges."
powers as Tanodbayan have been superseded by
the creation of the Office of the Ombudsman, he
however becomes the Special Prosecutor of the Issue: Whether or Not there was a violation of
State, and can only conduct an investigation and the freedom of speech/expression.
file cases only when so authorized by
theOmbudsman. A motion for reconsideration was
filed by the respondent wherein he included Held: There was no violation. The Court did not
statements which were unrelated in the Issue purport to announcea new doctrine of "visible
raised in the Court. This include: (a)That he had tendency," it was simply paraphrasing Section 3 (d)
been approached twice by a leading member of the of Rule 71 of the Revised Rules of Court which
court and he was asked to 'go slow on Zaldivar and penalizes a variety of contumacious conduct
'not to be too hard on him; (b) That he "was including: "any improper conduct tending, directly
approached and asked to refrain from investigating or indirectly, to impede, obstruct or degrade the
the COA report on illegal disbursements in the administration of justice."
Supreme Court because 'it will embarass the
Court;" and (c) that in several instances, the
undersigned respondent was called over the phone
by a leading member of the Court and was asked to Under either the "clear and present danger" test or
dismiss the cases against two Members of the the "balancing-of-interest test," the Court held that
Court." Statements of the respondent saying that the statements made by respondent Gonzalez are
the SC’s order '"heightens the people's of such a nature and were made in such a manner
apprehension over the justice system in this and under such circumstances, as to transcend the
LEGAL PROFESSION NOTES 9
PART 2
of service. If the complaint does not merit action, the Regional Trial Court, or an attorney-at-law for
or if the answer shows to the satisfaction of the investigation, report, and recommendation. The
Supreme Court that the complaint is not Solicitor General or his representative shall appear
meritorious, the same shall be dismissed. before the commissioner to conduct the
prosecution. The respondent shall be given full
SEC. 3. Investigation by Solicitor General.—
opportunity to defend himself, to produce
Upon the issues raised by the complaint and
additional evidence in his own behalf, and to be
answer, or upon failure of the respondent to
heard by himself and counsel. However, if upon
answer, the case shall be referred to the Solicitor
reasonable notice the respondent fails to appear,
General for investigation to determine if there is
the investigation shall proceed ex parte. The rules
sufficient ground to proceed with the prosecution
of evidence shall be applicable to proceedings of
of the respondent. In the investigation conducted
this nature.
by the Solicitor General, the respondent shall be
given full opportunity to defend himself, to produce SEC. 8. Report of commissioner and hearing.—
witnesses on his own behalf, and to be heard by Upon receipt of the report of the commissioner,
himself and counsel. However, if upon reasonable copies of which shall be furnished the Solicitor
notice, the respondent fails to appear, the General and the respondent, the case shall be set
investigation shall proceed ex parte. down for hearing before the court, following which
the case shall be considered submitted to the court
SEC. 4. Report of the Solicitor General.—Based
for its final determination.
upon the evidence adduced at the hearing, if the
Solicitor General finds no sufficient ground to SEC. 9. Procedure in Court of Appeals or
proceed against the respondent, he shall submit a Regional Trial Court.—As far as may be applicable,
report to the Supreme Court containing his findings the procedure above outlined shall likewise govern
of fact and conclusion, whereupon the respondent the filing and investigation of complaints against
shall be exonerated unless the court orders attorneys in the Court of Appeals or in Regional
differently. Trial Court. In case of suspension of the
respondent, the judge of Regional Trial Court or
SEC. 5. Complaint of the Solicitor General.
Justice of the Court of Appeals shall forthwith
Answer of respondent.—If the Solicitor General
transmit to the Supreme Court a certified copy of
finds sufficient ground to proceed against the
the order of suspension and a full statement of the
respondent, he shall file the corresponding
facts upon which same is based.
complaint, accompanied with all the evidence
introduced in his investigation, with the Supreme SEC. 10. Confidential.—Proceedings against
Court, and the respondent shall be served by the attorneys shall be private and confidential, except
clerk of the Supreme Court with a copy of the that the final order of the court shall be made
complaint with direction to answer the same within public as in other cases coming before the court.
fifteen (15) days.
SEC. 6. Evidence produced before Solicitor
General available.—The evidence produced before RULE 139-A
the Solicitor General in his investigation may be
considered by the Supreme Court in the final Integrated Bar of the Philippines
decision of the case, if the respondent had an
opportunity to object and cross-examine. If in the Section 1. Organization. — There is hereby
respondent's answer no statement is made as to organized an official national body to be known as
any intention of introducing additional evidence, the "Integrated Bar of the Philippines," composed
the case shall be set down for hearing, upon the of all persons whose names now appear or may
filing of such answer or upon the expiration of the hereafter be included in the Roll of Attorneys of the
time to file the same. Supreme Court.
SEC. 7. Commissioner to investigate and
Section 2. Purposes. — The fundamental purposes
recommend. Rules of evidence.—Upon receipt of
of the Integrated Bar shall be to elevate the
the respondent's answer, wherein a statement is
standards of the legal profession, improve the
made as to his desire to introduce additional
administration of justice, and enable the Bar to
evidence, the case shall be referred to a
discharge its public responsibility more effectively.
commissioner who, in the discretion of the court,
may be the clerk of the Supreme Court, a judge of
LEGAL PROFESSION NOTES 11
PART 2
Section 3. Regions. — The Philippines is hereby Section 4. Chapters. — A Chapter of the Integrated
divided into nine Regions of the Integrated Bar, to Bar shall be organized in every province. Except as
wit: hereinbelow provided, every city shall be
considered part of the province within which it is
(a) Northern Luzon, consisting of the geographically situated.
provinces of Abra, Batanes, Benguet,
Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, A separate Chapter shall be organized in each of
Isabela, Kalinga-Apayao, La Union, the following political subdivisions or areas;
Mountain Province, Nueva Vizcaya, and
Quirino. (a) The sub-province of Aurora;
(b) Central Luzon, consisting of the (b) Each congressional district of the City of
provinces of Bataan, Bulacan, Nueva Ecija, Manila;
Pampanga, Pangasinan, Tarlac, and
Zambales; (c) Quezon City;
(c) Greater Manila, consisting of the City of (d) Caloocan City, Malabon and Navotas;
Manila and Quezon City;
(e) Pasay City, Makati, Mandaluyong and
(d) Southern Luzon, consisting of the San Juan del Monte;
provinces of Batangas, Cavite, Laguna,
Marinduque, Occidental Mindoro, Oriental (f) Cebu City; and
Mindoro, Quezon, and Rizal;
(g) Zamboanga City and Basilan City.
(e) Bicolandia, consisting of the provinces of
Albay, Camarines Norte, Camarines Sur, Unless he otherwise registers his preference for a
Catanduanes, Masbate, and Sorsogon; particular Chapter, a lawyer shall be considered a
member of the Chapter of the province, city,
(f) Eastern Visayas, consisting of the political subdivision or area where his office, or, in
provinces of Bohol, Cebu, Eastern Samar, the absence thereof, his residence is located. In no
Leyte, Northern Samar, Samar, and case shall any lawyer be a member of more than
Southern Leyte; one Chapter.
(g) Western Visayas, consisting of the Each Chapter shall have its own local government
provinces of Aklan, Antique, Capiz, Iloilo, as provided for by uniform rules to be prescribed
Negros Occidental, Negros Oriental, by the Board of Governors and approved by the
Palawan, Romblon, and Siquijor. Supreme Court, the provisions of Section 19 of this
Rule notwithstanding.
(h) Eastern Mindanao, consisting of the
provinces of Agusan del Norte, Agusan Del Chapters belonging to the same Region may hold
Sur, Bukidnon, Camiguin, Davao del Norte, regional conventions on matters and problems of
Davao del Sur, Davao Oriental, Misamis common concern.
Oriental, Surigao del Norte, and Surigao del
Sur; and Section 5. House of Delegates. — The Integrated
Bar shall have a House of Delegates of not more
(i) Western Mindanao, consisting of the than one hundred twenty members who shall be
cities of Basilan and Zamboanga, and the apportioned among all the Chapters as nearly as
provinces of Cotabato, Lanao del Norte, may be according to the number of their respective
Lanao del Sur, Misamis Occidental, South members, but each Chapter shall have at least one
Cotabato, Sulu, Zamboanga del Norte, and Delegate. On or before December 31, 1974, and
Zamboanga del Sur. every four years thereafter, the Board of Governors
shall make an apportionment of Delegates.
In the event of the creation of any new province,
the Board of Governors shall, with the approval of The term of the office of Delegate shall begin on
the Supreme Court, determine the Region to which the date of the opening of the annual convention
the said province shall belong. of the House and shall end on the day immediately
LEGAL PROFESSION NOTES 12
PART 2
preceding the date of the opening of the next The Board shall prescribe such other rules and
succeeding annual convention. No person may be a regulations as may be necessary and proper to
Delegate for more than two terms. carry out the purposes of the Integrated Bar as well
as the provisions of this Rule.
The House shall hold an annual convention at the
call of the Board of Governors at any time during Section 7. Officers. — The Integrated Bar shall have
the month of April of each year for the election of a President and an Executive Vice President who
Governor, the reading and discussion of reports shall be chosen by the Governors immediately after
including the annual report of the Board of the latter's election, either from among themselves
Governors, the transaction of such other business or from other members of the Integrated Bar, by
as may be referred to it by the Board, and the the vote of at least five Governors. Each of the
consideration of such additional matters as may be regional members of the Board shall be ex
requested in writing by at least twenty Delegates. officio Vice President for the Region which he
Special conventions of the House may be called by represents.
the Board of Governors to consider only such
matters as the Board shall indicate. A majority of The President and the Executive Vice President
the Delegates who have registered for a shall hold office for a term of one year from the
convention, whether annual or special, shall date of their election and until their successors
constitute a quorum to do business. shall have duly qualified. The Executive Vice
President shall automatically become the President
Section 6. Board of Governors. — The Integrated for the next succeeding full term. The Presidency
Bar shall be governed by a Board of Governors. shall rotate from year to year among all the nine
Nine Governors shall be elected by the House of Regions in such order or rotation as the Board of
Delegates from the nine Regions on the Governors shall prescribe. No person shall be
representation basis of one Governor from each President or Executive Vice President of the
Region. Each Governor shall be chosen from a list Integrated Bar for more than one term.
of nominees submitted by the Delegates from the
Region, provided that not more than one nominee The Integrated Bar shall have a Secretary, a
shall come from any Chapter. The President and the Treasurer, and such other officers and employees as
Executive Vice President, if chosen by the may be required by the Board of Governors, to be
Governors from outside of themselves as provided appointed by the President with the consent of the
in Section 7 of this Rule, shall ipso facto become Board, and to hold office at the pleasure of the
members of the Board. Board or for such terms as it may fix. Said officers
and employees need not be members of the
The members of the Board shall hold office for a Integrated Bar.
term of one year from the date of their election
and until their successors shall have been duly Section 8. Vacancies. — In the event the President
elected and qualified. No person may be a is absent or unable to act, his duties shall be
Governor for more than two terms. performed by the Executive Vice President; and in
the event of the death, resignation, or removal of
The Board shall meet regularly once every three the President, the Executive Vice President shall
months, on such date and such time and place as it serve as Acting President during the remainder of
shall designate. A majority of all the members of the term of the office thus vacated. In the event of
the Board shall constitute a quorum to do business. the death, resignation, removal, or disability of
Special meetings may be called by the President or both the President and the Executive Vice
by five members of the Board. President, the Board of Governors shall elect an
Acting President to hold office until the next
Subject to the approval of the Supreme Court, the succeeding election or during the period of
Board shall adopt By-Laws and promulgate Canons disability.
of Professional Responsibility for all members of
the Integrated Bar. The By-Laws and the Canons The filling of vacancies in the House of Delegates,
may be amended by the Supreme Court motu Board of Governors, and all other positions of
propio or upon the recommendation of the Board Officers of the Integrated Bar shall be as provided
of Governors. in the By-Laws. Whenever the term of an office or
position is for a fixed period, the person chosen to
LEGAL PROFESSION NOTES 13
PART 2
fill a vacancy therein shall serve only for the or prosecutory office in the Government or any
unexpired term. political subdivision or instrumentality thereof.
Section 9. Membership dues. — Every member of Section 14. Positions honorary. — Except as may be
the Integrated Bar shall pay such annual dues as specifically authorized or allowed by the Supreme
the Board of Governors shall determine with the Court, no Delegate or Governor and no national or
approval of the Supreme Court. A fixed sum local Officer or committee member shall receive
equivalent to ten percent (10%) of the collection any compensation, allowance or emolument from
from each Chapter shall be set aside as a Welfare the funds of the Integrated Bar for any service
Fund for disabled members of the Chapter and the rendered therein or be entitled to reimbursement
compulsory heirs of deceased members thereof. for any expense incurred in the discharge of his
functions.
Section 10. Effect of non-payment of dues. —
Subject to the provisions of Section 12 of this Rule, Section 15. Fiscal matters. — The Board of
default in the payment of annual dues for six Governors shall administer the funds of the
months shall warrant suspension of membership in Integrated Bar and shall have the power to make
the Integrated Bar, and default in such payment for appropriations and disbursements therefrom. It
one year shall be a ground for the removal of the shall cause proper Books of Accounts to be kept
name of the delinquent member from the Roll of and Financial Statements to be rendered and shall
Attorneys. see to it that the proper audit is made of all
accounts of the Integrated Bar and all the Chapters
Section 11. Voluntary termination of membership; thereof.
re-instatement. — A member may terminate his
membership by filing a written notice to that effect Section 16. Journal. — The Board of Governors
with the Secretary of the Integrated Bar, who shall shall cause to be published a quarterly Journal of
immediately bring the matter to the attention of the Integrated Bar, free copies of which shall be
the Supreme Court. Forthwith he shall cease to be distributed to every member of the Integrated Bar.
a member and his name shall be stricken by the
Court from the Roll of Attorneys. Reinstatement Section 17. Voluntary Bar associations. — All
may be made by the Court in accordance with rules voluntary Bar associations now existing or which
and regulations prescribed by the Board of may hereafter be formed may co-exist with the
Governors and approved by the Court. Integrated Bar but shall not operate at cross-
purposes therewith.
Section 12. Grievance procedures. — The Board of
Governors shall provide in the By-Laws for Section 18. Amendments. — This Rule may be
grievance procedures for the enforcement and amended by the Supreme Court motu propio or
maintenance of discipline among all the members upon the recommendation of the Board of
of the Integrated Bar, but no action involving the Governors or any Chapter of the Integrated Bar.
suspension or disbarment of a member or the
removal of his name from the Roll of Attorneys Section 19. Organizational period. — The
shall be effective without the final approval of the Commission on Bar Integration shall organize the
Supreme Court. local Chapters and toward this end shall secure the
assistance of the Department of Justice and of all
Section 13. Non-political Bar. — The Integrated Bar Judges throughout the Philippines. All Chapter
shall be strictly non-political, and every activity organizational meetings shall be held on Saturday,
tending to impair this basic feature is strictly February 17, 1973. In every case, the Commission
prohibited and shall be penalized accordingly. No shall cause proper notice of the date, time and
lawyer holding an elective, judicial, quasi-judicial, place of the meeting called to organize a Chapter
or prosecutory office in the Government or any shall constitute a quorum for the purpose,
political subdivision or instrumentality thereof shall including the election of a President, a Vice
be eligible for election of appointment to any President, a Secretary, a Treasurer, and five
position in the Integrated Bar or any Chapter Directors.
thereof shall be consideredipso facto resigned from
his position as of the moment he files his certificate The Commission shall initially fix the number of
of candidacy for any elective public office or Delegates and apportion the same among all the
accepts appointment to any judicial, quasi-judicial, Chapters as nearly as may be in proportion to the
LEGAL PROFESSION NOTES 14
PART 2
number of their respective members, but each Decision/Ratio Decidendi: Guilty of CONTEMPT; fine
Chapter shall have at least one Delegate. The of P1,000.
President of each Chapter shall concurrently be its Freedom of expression is not absolute; it needs to
Delegate to the House of Delegates. The Vice be adjusted to and accommodated with the
President shall be his alternate, except where the requirements of equally important public interests.
Chapter is entitled to have more than one Delegate, Both free press and independent judiciary are
in which case the Vice President shall also be a indispensable to a free society.
Delegate. Court my hold anyone to answer for utterances
offensive to its dignity, honor or reputation which
The Board of Directors of the Chapter shall in tend to put it in disrepute, obstruct the
proper cases elect additional as well as alternate administration of justice, or interfere with the
Delegates. disposition of its business or the performance of its
functions in an orderly manner. Jurado made no
The House of Delegates shall convene in the City of bona fide effort to ascertain his allegations.
Manila on Saturday, March 17, 1973 for the Publication which tends to degrade the courts and
Purpose of electing a Board of Governors. The to destroy public confidence in them or that which
Governors shall immediately assume office and tends to bring them in any way into disrepute,
forthwith meet to elect the Officers of the constitutes likewise criminal contempt, and is
Integrated Bar. The Officers so chosen shall likewise punishable by courts. Courts would lose
immediately assume their respective positions. their utility if public confidence in them is
destroyed.
Section 20. Effectivity. — This Rule shall take effect
on January 16, 1973.
In re Tulfo
Facts:
Ramon Tulfo wrote two articles: 1) “Idiotic
POWER OF THE COURT TO DEFEND ITSELF Decision” on the Supreme Court legalizing
checkpoints; and, 2) “Sangkatutak na Bobo” where
In re Jurado
he referred to the members of the Supreme Court
as “stupid” for having rendered such decision on
Facts:
checkpoints.
Emil Jurado, a journalist, wrote about alleged
improprieties and irregularities in the judiciary over
Issues:
several months (from about Oct. 1992-Mar. 1993).
1. WON Tulfo’s articles can be considered in
CJ Narvasa created an Ad Hoc Committee to
contempt of court
Investigate Reports of Corruption in the Judiciary.
2. WON freedom of speech may be invoked
The Committee invited Jurado twice but he failed to
show up on both occasions.
Decision/Ratio Decidendi: Adjudged in CONTEMPT
Court ordered Jurado to file a comment on letter
OF COURT; GRAVELY CENSURED with the
and affidavit from PLDT, affidavits from the travel
STRONGEST WARNING that a repetition of the
agencies patronized by PLDT, and from Atty. Veto.
same or similar misconduct will be dealt with
All of the above categorically denied Jurado’s
MORE SEVERELY.
allegations.
Contempt of court (def): defiance of the authority,
justice or dignity of the court. Any improper
Issues:
conduct which tends, directly or indirectly, to
1. Liability for published statements
impede, obstruct, or degrade the administration of
demonstrably false or misleading, and
justice is punishable for indirect contempt.
derogatory of the courts and individual
The inherent power of courts to punish any
judges
publication calculated to interfere with the
2. WON freedom of speech may be invoked
administration of justice is not restricted by the
constitutional guarantee of freedom of the press,
Rules:
for freedom of the press is subordinate to the
1. Zaldivar vs. Gonzalez
authority, integrity and independence of the
2. NCC Art. 19
judiciary and the proper administration of justice.
3. Phil. Journalist’s Code of Ethics
Reading through the two Tulfo articles, it is plain
that Tulfo intended to ridicule and degrade the
LEGAL PROFESSION NOTES 15
PART 2
Court and its members before the public, not 1970-1973: Meralco Group — Executive of
merely to criticize its decision on the merits, as he various companies, i.e., Meralco Securities
would like the Court to believe based on his Corporation, Philippine Petroleum Corporation,
Explanation. Philippine Electric Corporation
Freedom of speech and expression is not absolute;
neither is it a license to insult the Court and its 1973-1976: Yujuico Group — President, Fil-
members and to impair the authority, integrity and Capital Development Corporation and affiliated
dignity of the Court. companies
Mr. Foz clarified that the term “law practice”, as a by virtue of his experience and prestige as a
qualification of the members of Commission on businessman and not as an attorney-at-law whose
Audit (COA), does not necessarily refer to actual principal attention is focused on the law.
practice of law outside COA but as long as the
lawyers who are employed in COA are using their Justice Gutierrez, Jr.
legal knowledge or talent in their respective work,
then they are qualified to be considered for He has never engaged in the practice of law for
appointment as members, commissioner, or even one year. He is a member of the bar but to say
chairman of the COA. that he has practiced law is stretching the term
beyond rational limits. A person may have passed
Applying these in the case at bar, the court held the bar examinations. But if he has not dedicated
that Atty. Monsod's past work experiences as a his life to the law, if he has not engaged in an
lawyer-economist, a lawyer-manager, a lawyer- activity where membership in the bar is a
entrepreneur of industry, a lawyer-negotiator of requirement I fail to see how he can claim to have
contracts, and a lawyer-legislator of both the rich been engaged in the practice of law.
and the poor — verily more than satisfy the
constitutional requirement — that he has been The Constitution uses the phrase "engaged in the
engaged in the practice of law for at least ten years. practice of law for at least ten years." The
deliberate choice of words shows that the practice
SEPARATE OPINIONS: envisioned is active and regular, not isolated,
occasional, accidental, intermittent, incidental,
Justice Padilla seasonal, or extemporaneous. To be "engaged" in
an activity for ten years requires committed
What constitutes practice of law? As commonly participation in something which is the result of
understood, "practice" refers to the actual one's decisive choice. It means that one is occupied
performance or application of knowledge as and involved in the enterprise; one is obliged or
distinguished from mere possession of knowledge; pledged to carry it out with intent and attention
it connotes an active, habitual, repeated or during the ten-year period.
customary action. To "practice" law, or any
profession for that matter, means to exercise or Bar Matter No. 553
pursue an employment or profession actively, Ulep vs. The Legal Clinic, Inc.
habitually, repeatedly or customarily. June 17, 1993
In order to reach its decision, the Court first Respondent TLC’s advertisement does not fall
defined the scope of the term “practice of law”. It within the aforementioned exceptions, as such,
held that Practice of law means any activity, in or they must be restrained from continuing making
out of court, which requires the application of law, publications or disseminations in any form and of
legal procedure, knowledge, training and the same tenor and purpose as Annexes “A” and
experience. "To engage in the practice of law is to “B”.
LEGAL PROFESSION NOTES 18
PART 2
ISSUE/S:
DECISION:
The court resolved to reprimand Alauya for the use
of excessively intemperate, insulting or virulent
language, i.e., language unbecoming a judicial
officer, and for usurping the title of attorney; and
warned him that any similar or other impropriety
or misconduct in the future will be dealt with more
severely.