Section 19, Canon VI SECTION 19. Indirect contempt. – Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigating Commissioner shall be dealt with as indirect contempt of court. The Investigating Commissioner shall require the alleged contemnor to show cause within ten (10) calendar days from notice. Upon…
Section 18, Canon VI SECTION 18. Investigation. – Upon joinder of issues or upon failure of the respondent to answer, the Investigating Commissioner shall proceed with the investigation of the case. However, if despite reasonable notice, the respondent fails to file an answer or appear, the investigation shall proceed ex parte. In both instances, the…
Section 17, Canon VI SECTION 17. Counsel de officio. – The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel de officio to assist the complainant or the respondent during the investigation in case of need for such assistance. (2023 Code of Professional Responsibility and Accountability or CPRA) 1….
Section 16, Canon VI SECTION 16. Irrelevance. of desistance, settlement, compromise, restitution, withdrawal, or failure to prosecute. – No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same. (2023 Code of Professional Responsibility and Accountability or CPRA)…
Section 15, Canon VI SECTION 15. Dismissal after answer. – If the Investigating Commissioner finds that the complaint is not meritorious based on the verified answer, the Investigating Commissioner shall recommend to the Supreme Court the dismissal of the complaint. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings. (2023 Code…
Section 14, Canon VI SECTION 14. Verified answer. – The answer shall be verified and filed within thirty (30) calendar days from receipt of the summons. The verified answer shall be accompanied by judicial affidavits of the witnesses and such other documents in support thereof. The respondent may, upon motion, for good cause, be given…
Section 13, Canon VI SECTION 13. Issuance of summons. – Within fifteen (15) calendar days from assignment by raffle, the Investigating Commissioner shall issue the required summons, attaching thereto a copy of the verified complaint and supporting documents, if any. The summons shall require the respondent to file a verified answer. (2023 Code of Professional…
Section 12, Canon VI SECTION 12. Effect of death of lawyer on administrative disciplinary cases. – Disciplinary proceedings may not be instituted against a lawyer who has died. If such proceedings have been instituted notwithstanding the lawyer’s death, the administrative case against said lawyer shall be dismissed. The death of the lawyer during the pendency…
Section 11, Canon VI SECTION 11. Lack of prima facie showing of liability; outright dismissal. – Within fifteen (15) calendar days from assignment by raffle, if the Investigating Commissioner finds no prima facie showing of liability, the Investigating Commissioner shall recommend the outright dismissal of the complaint to the Supreme Court. The Supreme Court may…
Section 10, Canon VI SECTION 10. Prohibited submissions. – The following submissions are prohibited: (a) Motion to dismiss the complaint or petition, except on the ground of lack of jurisdiction, litis pendentia or res judicata; (b) Motion for a bill of particulars; (c) Motion to reopen or for new trial; (d) Petition for relief from…