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3.

Suspension, Disbarment and Discipline of Lawyers 1


a. Nature and Characteristics of Disciplinary Actions Against Lawyers
(1) Sui Generis
It is a class of its own since it is neither civil nor criminal.
Disciplinary proceedings against lawyers are sui generis: neither purely civil
nor purely criminal. It is notand does not involvea trial of an action or a suit, but
is rather an investigation by the Court in the conduct of its officers. Not being
intended to inflict punishment, it is no sense a criminal prosecution. Accordingly,
there is neither a plaintiff nor a prosecutor .xxx Public interest is its primary
objective, and the real question for determination is whether or not the attorney is
still a fit person to be allowed the privileges as such. 2
(2) Prescription
Imprescriptible
b. Grounds
1. deceit;3
2. malpractice, or other gross misconduct in office;4
1

A motion to withdraw appearance on the ground that "there no longer


exist[ed] the . . . confidence" between the lawyer and his client and that
there had been "serious differences between them relating to the manner
of private prosecution" is not based upon good cause. The ground relied
upon is neither one of the foregoing instances nor analogous thereto.
(Orcino vs. Atty. Gaspar, September 24, 1997)
Rule 139 B, RRC
2
In Re:Almacen
3
assumes so many different hues and forms that it is not possible to lay
down a rule to determine its presence in any given case. Deceit may
consist in a misrepresentation or in the positive assertion of a falsehood,
or in the creation of a false impression by words or acts, or in any trick or
device.
As a general rule, in order to constitute deceit, there must be a false
representation as to a matter of fact.
4
refers to any malfeasance or dereliction of duty committed by a lawyer
(Tan Tek Beng vs. David, 126 SCRA 389).
Instances of malpractice and gross misconduct:
1.Failure of a lawyer to appeal in allowing the period of appeal to lapse;
2. Failure of a lawyer to submit his clients brief within the reglementary
period;
3.Preparation by a notary public of a false affidavit;
4. Solicitation of cases either directly or indirectly through paid agents or
brokers;

3. grossly immoral conduct;5


4. conviction of a crime involving moral turpitude;6
5. violation of oath of office;7
6. willful disobedience of any lawful order of a superior court;8

5.Abandonment of a clients case;


6.Delay in the filing of a clients case;
7. Notarizing a document without the affiants presence;
8. Notary public, who makes it appear in the jurat of a contract that an
affiant exhibited to him his residence certificate when in fact he did not do
so;
9. Compromising a clients case without authority;
10.Notarizing documents after the lawyers commission as notary public
had expired;
11.Representing conflicting interests;
12. Encroaching upon the business of another lawyer;
13. Advertisement of a lawyers skill in a newspaper or publication;
14.Cooperating in illegal practice of law such as formation of a
partnership with a layman;
15. Notarizing ones own affidavit;
16.Refusal to pay IBP dues;
17.Practicing law despite the lawyers suspension even if he refrained
from using the word attorney;
18. Unwarranted obstinacy in evading payment of debt.
5
That conduct which is willful, flagrant, or shameless, and which shows a
moral indifference to the opinion of the good and respectable members of
the community [7 CJS 959; Arciga vs Maniwang, 106 SCRA 594].
6
The term moral turpitude means anything which is done contrary to
justice, honesty, modesty, or good morals, or to any act of vileness,
baseness or depravity in the private and social duties that a man owes his
fellowmen or to society, contrary to the accepted rule of right and duty
between man and man. In general, all crimes of which fraud or deceit is
an element or those which are inherently contrary to rules of right
conduct, honesty or morality in a civilized community, involve moral
turpitude.
Instances of offenses involving moral turpitude:
1.estafa or swindling
2. falsification of public document
3.bribery
4. murder
5.bigamy
6. abduction
7.seduction
8.concubinage

7. Corrupt or willful appearance as an attorney for a party to a


case without authority to do so9
Any gross misconduct of a lawyer, whether in his professional or
private capacity which puts his moral character in serious doubt as a
member of the bar, will render him unfit to continue in the practice of
c. Proceedings10
Proceedings for disbarment, suspension and discipline of
attorneys may be taken by the Supreme Court motu proprio or by
9. violation of BP 22
In a disciplinary proceeding against a lawyer based on his conviction of
a crime involving moral turpitude, the sufficiency or legality of the
conviction is no longer at issue even if the lawyer asserts that the
judgment is a judicial error. The judgment of conviction is no longer
renewable, that being after its finality a closed matter. The only issue
before the court is whether or not the crime of which he was found guilty
actually involves moral turpitude. Suspension from practice or removal
from office may follow as a matter of course upon a finding that the crime
of which the lawyer was found guilty by final judgment involves moral
turpitude. For by his conviction, the lawyer himself has shown that he is
unfit to protect the administration of justice or that he is no longer of good
moral character, either of which justifies his suspension or disbarment.
7
The Attorneys oath is a condensed Code of Ethics. It is not just a mere
formality recited for a few minutes in the glare of flashing cameras and
before the presence of select witnesses (In Re: Arthur Cuevas, Jr., 285
SCRA 63).
It is a rather solemn affirmation of the lawyers lifetime commitment
to be a loyal citizen, a law- abiding person, a defender of truth and justice,
and advocate of the rule of law, an exemplar of loyalty and fidelity to the
courts and to clients and a model to emulate both in his professional and
private life.
The violation of Oath is a ground for suspension or disbarment [Rule
138, section 27, RRC].
8
The resistance or defiance to the Court must be willful.
Thus, a lawyer who is directed to do something , such as to surrender
records, to appear as counsel de officio, to comment on a matter pending
in Court, may be disciplined for willful disobedience of the order (Marcelo
vs. CA, March 15, 1995).
9

Section 27, Rule 138, RRC


Enumerated grounds are not exclusive.
It is prohibited for a lawyer to appear for a person in court without being hired or
employed, unless, there is leave of court first obtained. Thus, a lawyer was suspended
from the practice of law in appearing for a party defendant without authority (see Porac
Trucking Corporation vs. CA, 202 SCRA 647).
10

Rule 139-B
Procedure in Disbarment and Other Disciplinary Proceedings:
1.Complaint, in writing and duly sworn to, is filed with the Supreme
Court (sec.1)

the IBP upon the verified complaint of any person


IBP Board of Governors may motu proprio or upon referral by the
SC or by a Chapter Board of Officers or at the instance of any
person, initiate and prosecute proper charges against erring
attorneys including those in government.
The complaint shall estate 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 such facts.
Six copies of the verified complaint shall be filed with the
Secretary of IBP or Secretary of any of its Chapters who shall
forthwith commit the same to the IBP Board of Governors for
assignment to an investigator.
2.If found meritorious, a copy thereof shall be served on the
respondent and he shall be required to comment within 10 days of service
(sec. 6)
3.Upon filing of respondents comments or expiration of the period for
filing comment, the Supreme Court either refers to matter to the Office of
the
Court
Administrator
(OCA)
for
evaluation,
report,
and
recommendation, or assigns a Justice of the Court of Appeals (if
respondent is an RTC judge) or a judge of the RTC (if respondent is a judge
of an inferior court) to investigate and hear the charges (sec.7)
4.After hearings, the investigating justice or judge submits a report of
findings of fact, conclusions of law and recommendations to the Supreme
Court (sec.8)
5.The Supreme Court takes action as the facts and the law may
warrant (sec. 9)
Proceedings shall be private and confidential but a copy of the
decision or resolution of the Court shall be attached to the record of the
judge in the Office of the Court Administrator. (sec. 11)
Who can file a disbarment case against a lawyer?
Any person aggrieved by the misconduct of a lawyer may file the
corresponding administrative case with the proper forum. Or, any person
even if not aggrieved but who knows of the lawyers misconduct, unlawful
or unethical act may initiate the proceedings. A disbarment case involves
no private interests.
The Supreme Court or the IBP may motu proprio initiate proceedings
when they perceive acts of lawyers which deserve sanctions or when their
attention is called by any one and a probable cause exists that an act has
been penetrated by a lawyer which requires disciplinary sanctions.
Confidentiality of Disbarment or Suspension Proceedings:
To avoid the unnecessary ruin of a lawyers name, disciplinary
proceedings are directed to be confidential (or closed door) until their final
determination.

d. Discipline of Filipino Lawyers Practice in Foreign Jurisdictions


A member of the Philippine Bar may also be admitted to the
practice of law in a foreign country especially in the United States.
If the Filipino lawyer is disbarred or suspended from the practice of
law by a competent court or disciplinatory agency in a foreign
jurisdiction where he has been admitted as an attorney, and the ground
therefore includes any of the acts enumerated in section 27, Rule 138 of
the Revised Rules of Court, such disbarment or suspension is a ground
for his disbarment or suspension in the Philippines.
The judgment, resolution or order of the foreign court or
disciplinary agency shall be prima facie evidence of the ground for
disbarment or suspension.11
Proceedings for the disbarment, suspension and discipline of
lawyers may be taken motu proprio by the Supreme Court, or by the
Integrated Bar of the Philippines.12
4. Readmission to the Bar
In jurisdictions where disbarment is not permanent, procedures
should be established to allow a disbarred lawyer to apply for
readmission. Procedures should be established to allow a suspended
lawyer to apply for reinstatement.13
a. Lawyers Who Have Been Suspended
Suspension is the removal of a lawyer from the practice of law for a
specified minimum period of time. Generally, suspension should be for a
period of time equal to or greater than six months, but in no event should
the time period prior to application for reinstatement be more than three
years. Procedures should be established to allow a suspended lawyer to
apply for reinstatement, but a lawyer who has been suspended should not
be permitted to return to practice until he has completed a reinstatement
process demonstrating rehabilitation, compliance with all applicable
discipline or disability orders and rules, and fitness to practice law.14
b. Lawyers Who Have Been Disbarred

11

Supreme Court Resolution dated 21 February 1992 amending section 27, Rule 138 of
the Revised Rules of Court.
12
Rule 139 B, sec. 1
13

Integrated Bar of the Philippines, Commission on Bar Discipline,


Guidelines for imposing Lawyer Sanctions
14
Ibid.

Disbarment terminates the individuals status as a lawyer. Where


disbarment is not permanent, procedures should be established for a
lawyer who has been disbarred to apply for readmission, provided that:
(1) no application should be considered for five (5) years from the
effective date of disbarment; and
(2) the petitioner must show by clear and convincing evidence:
(a) successful completion of the bar examination;
(b) compliance with all applicable discipline or disability
orders or rules; and
(c) rehabilitation and fitness to practice law.15
c. Lawyers Who Have Been Repatriated
The loss of Philippine citizenship ipso jure terminates the privilege
to practice law in the Philippines.
However, pursuant to R.A. No. 9225 of the Citizenship Retention
and Reacquisition Act of 2003, Filipino lawyer who becomes a citizen of
another country is deemed never to have lost his Philippine citizenship if
he reacquires it in accordance with R.A. No. 9225. nevertheless, his
right to practice law does not automatically accrue.
He must first secure authority from the Supreme Court upon
compliance with the following conditions:
1. The updating and payment in full of annual membership dues in
the IBP;
2. Payment of professional tax;
3. Completion of at least 36 credit hours of mandatory continuing
legal educations; and
4. Retaking of the lawyers oath

5. Mandatory Continuing Legal Education16


a. Purpose
15
16

Ibid.
Bar Matter No. 850, October 2, 2001

To ensure that throughout their career, they keep abreast with law
and jurisprudence, maintain the ethics of the profession and enhance the
standards of the practice of law.17
b. Requirements
Members of the IBP, unless exempted under Rule 7, shall complete
every three (3) years at least thirty-six (36) hours of continuing legal
education activities. The 36 hours shall be divided as follows:
a.

6 hours legal Ethics

b.

4 hours trial and pretrial skills

c.

5 hours alternative dispute resolution

d.

9 hours updates on substantive and procedural laws and


jurisprudence

e.

4 hours legal writing and oral advocacy

f.

2 hours international law and international conventions

g.

6 hours such other subjects as may be prescribed by the


Committee on MCLE18
c. Compliance

Each member shall secure from the MCLE Committee a


Compliance Card before the end of his compliance period. He shall
complete the card by attesting under oath that he has complied with the
education requirement or that he is exempt, specifying the nature of the
exemption. Such Compliance Card must be returned to the Committee
not later than the day after the end of the member's compliance period.19
Each member shall maintain sufficient record of compliance or
exemption, copy furnished the MCLE Committee. The record required to
be provided to the members by the provider pursuant to Section 3 of
Rule 9 should be a sufficient record of attendance at a participatory
activity. A record of non-participatory activity shall also be maintained by
the member, as referred to in Section 3 of Rule 5.20
17
18
19
20

Rule 1, Sec. 1
Rule 2, Sec. 2
Rule 11, Sec. 1
Id., Sec. 2

d. Exemptions
Parties Exempted from the MCLE:
1. The President, Vice-President, and the Secretaries and
Undersecretaries of executive departments;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the SC, incumbent
and retired justices of the judiciary, incumbent members of
the Judicial and Bar Council and incumbent court lawyers
covered by the Philippine Judicial Academy Program of
continuing legal education;
4. The Chief State Counsel, Chief State Prosecutor
Assistant Secretaries of the Department of Justice;

and

5. The Solicitor-General and the Assistant Solicitor-General;


6. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel;
7. The Chairman
Commissions;

and

Members

of

the

Constitutional

8. The Ombudsman, the Overall Deputy Ombudsman, the


Deputy Ombudsman and the Special Prosecutor of the Office
of the Ombudsman;
9. Heads of government agencies exercising quasi-judicial
functions;
10.
Incumbent deans, bar reviewers and professors of law
who have teaching experience for at least 10 years in
accredited law schools;

11.
The Chancellor, Vice-Chancellor and members of the
Corps of Professional Lecturers of the Philippine Judicial
Academy; and
12.

Governors and Mayors21

Other Exempted Parties:


1. Those who are not in law practice, private or public
2. Those who have retired from law practice with the approval
of the IBP Board of Governors22

e. Sanctions
A member who, for whatever reason, is in non-compliance at the
end of the compliance period shall pay a non-compliance fee.23
A member who fails to comply with the requirements after the sixty
(60) day period for compliance has expired, shall be listed as a
delinquent member of the IBP upon the recommendation of the MCLE
Committee. The investigation of a member for non-compliance shall be
conducted by the IBP's Commission on Bar Discipline as a fact-finding
arm of the MCLE Committee.24
Membership fees shall continue to accrue at the active rate against
a member during the period he/she is listed as a delinquent member.25
6. Notarial Practice26
a. Qualifications of Notary Public27
1. Must be citizen of the Philippines
21

Rule 7, Sec. 1
Id., Sec. 2
23
Rule 13, Sec. 1
24
Id., Sec. 2
25
Id., Sec. 3
26
A.M. No. 02-8-13-SC: Rules on Notarial Practice of 2004
27
Notary Public - a person appointed by the court whose duty is to attest
to the genuineness of any deed or writing in order to render them
available as evidence of facts stated therein and who is authorized by the
statute to administer various oaths.
22

2. Must be over twenty-one (21) years of age


3. Must be a resident in the Philippines for at least one (1) year
and maintains a regular place of work or business in the city or
province where the commission is to be issued
4. Must be a member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines
5. Must not have been convicted in the first instance of any crime
involving moral turpitude28
b. Term of Office of Notary Public
For a period of two (2) years commencing on the 1 st day of January
of the year in which the commissioning is made unless earlier revoked or
the notary public has resigned according to these Rules and the Rules of
Court.29
c. Powers and Limitations
Powers
A notary public is empowered to do the following acts:
1.

Acknowledgments;

2.

Oaths and affirmations;

3.

Jurats;

4.

Signature witnessings;

5.

Copy certifications; and

6.

Any other act authorized by these Rules.

A notary public is authorized to certify the affixing of a signature by


thumb or other mark on an instrument or document presented for
notarization if:

28
29

Rule III, Sec. 1


Id., Sec. 11

1. The thumb or other mark is affixed in the presence of the notary


public and of two (2) disinterested and unaffected witnesses to
the instrument or document;
2. Both witnesses sign their own names in addition to the thumb or
other mark;
3. The notary public writes below the thumb or other mark:
Thumb or Other Mark affixed by (name of signatory by mark) in
the presence of (names and addresses of witnesses) and
undersigned notary public, and
4. The notary public notarizes the signature by thumb or other
mark through an acknowledgment, jurat or signature
witnessing.

A notary public is authorized to sign on behalf of a person who is


physically unable to sign or make a mark on an instrument or document
if:
1. The notary public is directed by the person unable to sign or
make a mark to sign on his behalf;
2. The signature of the notary public is affixed in the presence of
two (2) disinterested and unaffected witnesses to the instrument
or document;
3. Both witnesses sign their own names;
4. The notary public writes below his signature: Signature affixed
by notary in the presence of (names and addresses of person
and two (2) witnesses), and
5. The notary public notarizes his signature by acknowledgment or
jurat30
Prohibitions:
General Rule: A notary public shall not perform a notarial act
outside his regular place of work or business.
Exceptions: A notarial act may be performed at the request of the
parties in the following sites located within his territorial jurisdiction:
30

Rule IV, Section 1

1. Public offices, convention halls and similar places where oaths of


office may be administered;
2. Public function areas in hotels and similar places for the signing
of instruments or documents requiring notarization;
3. Hospitals and medical institutions where a party to the
instrument or document is confined for treatment; and
4. Any place where a party to the instrument or document
requiring notarization is under detention.
A person shall not perform a notarial act if:
1. the person involved as signatory to the instrument or documenta. Is not in the notarys presence at the time of the notarization;
and
b. Is not personally known to the notary public or otherwise
identified by the notary public through competent evidence of
identity as defined by these Rules31
2. the certificate containing an information known or believed to
be false; and
3.he shall not affix an official signature or seal on a notarial
certificate that is incomplete.32

d. Notarial Register
31
32

Rule IV, Sec. 2


Id., Sec. 5

Contents of the Concluding part of the Notarial Certificate:


1. The name of the notary public as exactly indicated in the
commission;
2. The serial number of the commission of the notary public;
3. The words Notary Public and the province or city where the
notary public is commissioned, the expiration date of the
commission and the office address of the notary public; and
4. The Roll of Attorneys number, the Professional Tax Receipt
number and the place and date of issuance thereof and the IBP
Membership number
e. Jurisdiction of Notary Public and Place of Notarization
A notary public may perform notarial acts in any place within the
territorial jurisdiction of the commissioning court.
f. Revocation of Commission
The Executive Judge shall revoke a commission for any ground on
which an application for a commission may be denied.
In addition, the Executive Judge may revoke the commission of or
impose sanctions upon any notary public who:
1) Fails to keep a notarial register;
2) Fails to make the appropriate entry or entries in his notarial
register concerning his notarial acts;
3) Fails to send the copy of the entries to the Executive Judge
within the first ten (10) days of the month following;
4) Fails to affix to acknowledgments the date of expiration of his
commission;
5) Fails to submit his notarial register, when filled, to the
Executive Judge;

6) Fails to make his report, within a reasonable time, to the


Executive Judge concerning the performance of his duties, as
may be required by the Judge;
7) Fails to require the presence of the principal at the time of the
notarial act;
8) Fails to identify a principal on the basis of personal knowledge
or competent evidence;
9) Executes a false or incomplete certificate under Section 5, Rule
IV;
10) Knowingly performs or fails to perform any other act
prohibited or mandated by these Rules; and
11) Commits any other dereliction or act which in the judgment
of the Executive Judge constitutes good cause for the revocation
of the commission or imposition of administrative sanction.33
g. Competent Evidence of Identity
1. The identification of an individual based on: a. at least one
current identification document issued by an official agency bearing the
photograph and signature of the individual, such as but not limited to,
passport, drivers license, Professional Regulations Commission ID,
National Bureau of Investigation clearance, police clearance, postal ID,
voters ID, Barangay certification, Government Service and Insurance
System (GSIS) e-card, Social Security System (SSS) card, Phil health
card, senior citizen card, Overseas Workers Welfare Administration
(OWWA) ID, OFW ID, seamans book, alien certificate of
registration/immigrant certificate of registration, government office ID,
certification from the National Council for the Welfare of Disable Persons
(NCWDP),Department of Social Welfare and Development(DSWD)
certification;34 or
2. The oath or affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known to the
notary public and who personally knows the individual, or of two credible
witnesses neither of whom is privy to the instrument, document or
33

Rule XI, Sec. 1

34

as amended by A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice

transaction who each personally knows the individual and shows to the
notary public documentary identification.
h. Sanctions
(a) The Executive Judge shall revoke a notarial commission for any
ground on which an application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of,
or impose appropriate administrative sanctions upon, any notary public
who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial
register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge
within the first ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of
his commission;
(5) fails to submit his notarial register, when filled, to the
Executive Judge;
(6) fails to make his report, within a reasonable time, to the
Executive Judge concerning the performance of his duties, as may
be required by the judge;
(7) fails to require the presence of a principal at the time of
the notarial act;
(8) fails to identify a principal on the basis of personal
knowledge or competent evidence;
(9) executes a false or incomplete certificate under Section 5,
Rule IV;
(10) knowingly performs or fails to perform any other act
prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the
judgment of the Executive Judge constitutes good cause for
revocation of commission or imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved
person, the notary public shall be required to file a verified answer to the
complaint.

If the answer of the notary public is not satisfactory, the Executive


Judge shall conduct a summary hearing. If the allegations of the
complaint are not proven, the complaint shall be dismissed. If the
charges are duly established, the Executive Judge shall impose the
appropriate administrative sanctions. In either case, the aggrieved party
may appeal the decision to the Supreme Court for review. Pending the
appeal, an order imposing disciplinary sanctions shall be immediately
executory, unless otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate administrative
proceedings against a notary public, subject to the procedures
prescribed in paragraph (c) above and impose the appropriate
administrative sanctions on the grounds mentioned in the preceding
paragraphs (a) and (b).35

35

Rule XI, Sec. 1

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