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How instituted, C6S2 CPRA

Section 2, Canon VI

SECTION 2. How instituted. – Proceedings for the disbarment, suspension, or discipline of lawyers may be commenced by the Supreme Court on its own initiative, or upon the filing of a verified complaint by the Board of Governors of the IBP, or by any person, before the Supreme Court or the IBP. However, a verified complaint against a government lawyer which seeks to discipline such lawyer as a member of the Bar shall only be filed in the Supreme Court.
A verified complaint filed with the Supreme Court may be referred to the IBP for investigation, report and recommendation, except when filed directly by the IBP, in which case, the verified complaint shall be referred to the Office of the Bar Confidant or such fact-finding body as may be designated.
Complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers in the judicial service, whether they are charged singly or jointly with other respondents, and whether such complaint deals with acts unrelated to the discharge of their official functions, shall be forwarded by the IBP to the Supreme Court for appropriate disposition under Rule 140, as amended. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. How instituted

a. Venue

Administrative cases – refer to proceedings for disbarment, suspension, or discipline of lawyers.

Administrative cases against a lawyer may be commenced either:

1) By the Supreme Court on its own initiative (motu proprio); or

2) Upon the filing of a verified complaint by the Board of Governors of the IBP; or

4) By any person before the Supreme Court or the IBP.

NB: For verified complaints against government lawyers, they may only be filed with the Supreme Court.

b. Referral to IBP for investigation

If a case is filed with the Supreme Court, the case “may be referred to the IBP for investigation, report and recommendation.”

1) Exception

The above rule on referral to the IBP is subject to the exception: “except when filed directly by the IBP, in which case, the verified complaint shall be referred to the Office of the Bar Confidant or such fact-finding body as may be designated.”

c. Complaints against those in judicial service

The IBP shall forward to the Supreme Court for appropriate disposition:

1) Complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts; or

2) Complaints against lawyers in the judicial service.

NB: The above-mentioned rule is required to be followed “whether they [i.e., respondents] are charged singly or jointly with other respondents, and whether such complaint deals with acts unrelated to the discharge of their official functions.”

References

Canon VI, 2023 Code of Professional Responsibility

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