RULE 143
APPLICABILITY OF THE RULES
These rules shall not apply to land registration, cadastral and election cases, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient.
Sunday, September 19, 2010
Rule 142 [Costs]
RULE 142
COSTS
SECTION 1. Costs ordinarily follow results of suit—Unless otherwise provided in these rules, costs shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.
COSTS
SECTION 1. Costs ordinarily follow results of suit—Unless otherwise provided in these rules, costs shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.
SEC. 2. When action or appeal dismissed.—If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for costs, as justice may require.
SEC. 3. Costs when appeal frivolous.—Where an action or an appeal is found to be frivolous, double or treble costs may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered by the court.
SEC. 4. False allegations.—An averment in a pleading made without reasonable cause and found untrue shall subject the offending party to the payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs.
SEC. 5. No costs for irrelevant matters.—When the record contains any unnecessary, irrelevant, or immaterial matter, the party at whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement for preparing, certifying, or printing such matter.
SEC. 6. Attorney's fees as costs.—No attorney's fees shall be taxed as costs against the adverse party, except as provided by the rules of civil law. But this section shall have no relation to the fees to be charged by an attorney as against his client.
SEC. 7. Restriction of costs.—If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more costs than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff in which case full costs may be allowed.
SEC. 8. Costs, how taxed.—In inferior courts, the costs shall be taxed by the municipal or city judge and included in the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five days' written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution.
SEC. 9. Costs in municipal or city courts.—In an action or proceeding pending before a municipal or city judge, the prevailing party may recover the following costs, and no other:
(a) For the complaint or answer, two pesos;
(b) For the attendance of himself, or his counsel, or both, on the day of trial, five pesos;
(c) For each additional day's attendance required in the actual trial of the case, one peso;
(d) For each witness produced by him, for each day's necessary attendance at the trial, one peso, and his lawful traveling fees;
(e) For each deposition lawfully taken by him and produced in evidence, five pesos;
(f) For original documents, deeds, or papers of any kind produced by him, nothing;
(g) For official copies of such documents, deeds or papers, the lawful fees necessarily paid for obtaining such copies;
(h) The lawful fees paid by him for service of the summons and other process in the action;
(i) The lawful fees charged against him by the judge of the court in entering and docketing and trying the action or proceeding.
SEC. 10. Costs in Regional Trial Courts.—In an action or proceeding pending in a Regional Trial Court, the prevailing party may recover the following costs, and no other:
(a) For the complaint or answer, fifteen pesos;
(b) For his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;
(c) For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, two pesos, and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and produced in evidence, five pesos;
(e) For original documents, deeds, or papers of any kind produced by him, nothing;
(f) For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;
(g) The lawful fees paid by him in entering and docketing the action or recording the proceedings, for the, service of any process in action, and all lawful clerk's fees paid by him.
(b) For his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;
(c) For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, two pesos, and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and produced in evidence, five pesos;
(e) For original documents, deeds, or papers of any kind produced by him, nothing;
(f) For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;
(g) The lawful fees paid by him in entering and docketing the action or recording the proceedings, for the, service of any process in action, and all lawful clerk's fees paid by him.
SEC. 11. Costs in Court of Appeals and in Supreme Court.— In an action or proceeding pending in the Court of Appeals or in the Supreme Court, the prevailing party may recover the following costs, and no other:
(a) For his own attendance, and that of his attorney, down to and including final judgment, thirty pesos in the Court of Appeals and fifty pesos in the Supreme Court;
(b) For official copies of record on appeal and the printing thereof, and all other copies required by the Rules of Court the sum actually paid for the same;
(c) All lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;
(d) No allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arguments of his attorney, or copies thereof, aside from the thirty or fifty pesos above stated;
(e) If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Regional Trial Court;
(f) The lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.
(b) For official copies of record on appeal and the printing thereof, and all other copies required by the Rules of Court the sum actually paid for the same;
(c) All lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;
(d) No allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arguments of his attorney, or copies thereof, aside from the thirty or fifty pesos above stated;
(e) If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Regional Trial Court;
(f) The lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.
SEC. 12. Costs when witness fails to appear.—If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the costs of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to answer the subpoena was willful or without just excuse.
SEC. 13. Costs when person cited for examination in probate proceedings.—When a person is cited, on motion of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion, tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Regional Trial Court.
Rule 141 [Legal Fees]
(c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim, is:
1. Less than P50,000.00 ------------------------------------------ P 275.00
2. P50,000.00 or more but less than P100,000.00 ---------------- 400.00
3. P100,000.00 or more but less than P150,000.00 --------------- 500.00
4. P150,000.00 or more but less than P200,000.00 --------------- 650.00
5. P200,000.00 or more but less than P250,000.00 --------------- 1,000.00
6. P250,000.00 or more but less than P300,000.00 --------------- 1,250.00
7. P300,000.00 or more but less than P400,000.00 --------------- 1,500.00
8. P400,000.00 or more but less than P500,000.00 --------------- 1,750.00
9. P500,000.00 or more but less than P1,000,000.00 ------------- 2,000.00
10. For each P1,000.00 in excess of P1,000,000.00 ----------------- 10.00
(d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:
1. More than P100,000.00 but less than P150,000.00 ----------- P2,000.00
2. P150,000.00 or more but less than P200,000.00 ------------- 250.00
3. P200,000.00 or more but less than P250,000.00 ------------- 2,500.00
4. P250,000.00 or more but less than P300,000.00 ------------- 2,750.00
5. P300,000.00 or more but less than P350.000.00 ------------ 3,000.00
6. P100,000.00 or more but not more than P400,000.00 -------- 3,250.00
7. For each P1,000.00 in excess of P400,000.00 ----------------- 10.00
4. P250,000.00 or more but less than P300,000.00 ------------- 2,750.00
5. P300,000.00 or more but less than P350.000.00 ------------ 3,000.00
6. P100,000.00 or more but not more than P400,000.00 -------- 3,250.00
7. For each P1,000.00 in excess of P400,000.00 ----------------- 10.00
If the value of the estate as definitely appraised by the courts is more than the value declared in the application, the difference of fee shall be paid; provided, that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;
(f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Family Code, two hundred (P200.00) pesos;
If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.
(g) For all other special proceedings not concerning property two hundred (P200.00) pesos;
(h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;
(i) For filing an application for commission as notary public, five hundred (P500.00) pesos;
(j) For certified copies of any paper, record, decree, judgments or entry thereof for each page, four (P4.00) pesos and fifteen (P15.00) pesos for certification;
(k) For a commission on all money coming into the clerks' hands by law, rule, order or writ of court and caring for the same, one and one-half (1.5%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000.00) pesos;
(l) For any other services as clerk not provided in this section, one hundred and fifty (150.00) pesos shall be collected. (7a)
SEC. 8. Clerks of Courts of the First Level.—
(a) For each civil action or proceeding, where the value of the subject matter involved, or the amount of the demand, inclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, is:
1. Not more than P20,000.00 ------------------------------------------P 150.00
2. More than P20,000.00 but not more than P100,000.00 ------------- 500.00
3. More than P100,000.00 but not more than P200,000.00 ----------- 1,250.00
4. More than P200,000.00 but not more than P300,000.00 ----------- 1,750.00
5. More than P300,000.00 but not more than P400,000.00 ----------- 2,500.00
In a real action, other than for forcible entry and unlawful detainer, the assessed value of the property or if not declared for taxation purposes, the assessed value of the adjacent lots, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(b) For initiating proceedings for the allowance of wills, granting of letters of administration and settlement of estates of small value, where the value of the estate is:
1. Not more than P20,000.00 -----------------------------------------------P 250.00
2. More than P20,000.00 but not more than P100,000.00 ------------------1,350.00
3. More than P100,000.00 but not more than P200,000.00 ---------------- 2,000.00
4. For each proceeding other than the allowance of wills (probate), granting a letter of administration, settlement of estate of small value, two hundred (P200.00) pesos.
(c) For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos;
(d) For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from courts of first level, two hundred (P200.00) pesos;
(e) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
(f) For taking affidavit, twenty-five (P25.00) pesos;
(g) For taking acknowledgment, thirty (P30.00) pesos;
(h) For taking and certifying depositions, including oath, per page, eight (P8.00) pesos;
(i) For certified copies of any record, per page, ten (P10.00) pesos;
(j) For stamping and registering books as required by Articles nineteen and thirty-six of the Code of Commerce, each book, thirty (P30.00) pesos;
(k) For performing notarial acts for which fees are not specifically fixed in this section, the same fees which notaries public are entitled to receive. (8a)
SEC. 9. Sheriffs and other persons serving processes.—
(a) For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
(b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (24.00) pesos;
(c) For executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
(d) For serving a temporary restraining order, or writ of injunction, preliminary or final, of any court, sixty (P60.00) pesos;
(e) For executing a writ of replevin, sixty (P60.00) pesos;
(f) For filing bonds or other instruments or security in provisional remedies, for each bond or instrument, fifty (P50.00) pesos;
(g) For executing a writ or process to place a party in possession of real estates, one hundred and fifty (P150.00) pesos;
(h) For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, one hundred and fifty (P150.00) pesos per day of actual inventory work;
(j) For levying on execution on personal or real property, seventy-five (P75.00) pesos;
(k) For issuing a notice of garnishment, for each notice, thirty (P30.00) pesos;
(l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following, to wit:
1. On the first four thousand (P4,000.00) pesos, five (5%) per centum;
2. On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum.
In addition to the fees hereinabove fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriffs expenses in serving or executing the process, or safeguarding the property, levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriffs expenses shall be taxed as costs against the judgment debtor.(9a)
SEC. 10. Stenographers.—Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) six (P6.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three pesos and sixty centavos (P3.60) for the same page, after the filing of the appeal: Provided, however, That one-third of the total charges shall be paid to the court and the remaining two-thirds to the stenographer concerned.(10a)
SEC. 11. Notaries.—No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation in excess of those expressly prescribed in the following schedule:
(a) For protests of drafts, bills of exchange, or promissory notes for non-acceptance or nonpayment, and for notice thereof, thirty-six (P36.00) pesos;
(b) For the registration of such protest and filing or safekeeping of the same, thirty-six (P36.00) pesos;
(c) For authenticating powers of attorney, thirty-six (P36.00) pesos;
(d) For sworn statement concerning correctness of any account for other document, thirty-six (P36.00) pesos;
(e) For each oath of affirmation, thirty-six (P36.00) pesos;
(f) For receiving evidence of indebtedness to be sent outside, thirty-six (P36.00) pesos;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, thirty-six (P36.00) pesos;
(h) For taking depositions, for each page, thirty-six (P36.00) pesos; and
(i) For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos. (11a)
SEC. 12. Other officers taking depositions.— Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions. (10)
SEC. 13. Witness fees.— (a) Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts, either in actions or special proceedings, shall be entitled to one hundred (P100.00) pesos per day inclusive of travel time;
(b) Witnesses before courts of the first level shall be allowed fifty (P50.00) pesos per day;
(c) Fees to which witnesses may be entitled in a civil action shall be allowed, on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more then one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as witness. (11a)
(c) Fees to which witnesses may be entitled in a civil action shall be allowed, on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more then one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as witness. (11a)
SEC. 14. Fees of appraisers. — Appraisers appointed to appraise the estate of a ward or of a deceased person shall each receive a compensation of one hundred (P100.00) pesos per day for the time actually and necessarily employed in the performance of then duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary traveling expenses incurred in the performance of the duties of such appraisers may likewise be allowed and paid out of the estate. (12a)
SEC. 15. Fees of commissioners in eminent domain proceedings. — The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation of one hundred (P100.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (13a)
SEC. 16. Fees of commissioners in proceedings for partition of real estate. — The commissioners appointed to make partition of real estate shall each receive a compensation of one hundred (P100.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (14a)
SEC. 17. Fees, and the account thereof. — The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of business covered by the provisions of this rule, for which fees are payable, specifying for what business each time of fees has accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of court in actions. The book of fees kept by the clerk shall be subject to the inspection of auditing officers and others interested therein. (15)
SEC. 18. Indigent litigants exempt from payment of legal fees.—Indigent litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a) (Read also RAs 6034 and 6035, App.)
SEC. 19. In addition to the fees imposed in the preceding sections, a victim compensation fee of five (P5.00) pesos pursuant to Rep. Act No. 7309 shall be assessed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111, Revised Rules of Criminal Procedure where a filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A) (Read RA 7309, App.)
SEC. 20. Other fees.—The following fees shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted:
1. Less than P100,000.00 ---------------------------------------P 500.00
2. P100,000.00 or more but less than P150,000.00 ------------- 800.00
3. P150,000.00 or more but less than P200,000.00 ------------- 1,000.00
4. P200,000.00 or more but less than P250,000.00 ------------- 1,500.00
5. P250,000.00 or more but less than P300,000.00 ------------- 1,750.00
6. P300,000.00 or more but less than P350,000.00 ------------- 2,000.00
7. P350,000.00 or more but no more than P400,000.00 ---------2,250.00
(b) For motions for postponement after completion of the pre-trial stage, one hundred (P100.00) pesos for the first, and an additional fifty (P50.00) pesos for every postponement thereafter based on that for the immediately proceeding motion: Provided, however, That no fee shall be imposed when the motion is found to be based on justifiable and compelling reason;
(c) For bonds by sureties in criminal and civil cases, three hundred (P300.00) pesos;
(d) For applications for and entries of certificates of sale and final deeds of sale in extrajudicial foreclosures of mortgages, three hundred (P300.00) pesos;
(e) For applications for and certificates of sale in notarial foreclosures:
1. On the first four thousand (P4.000.00) pesos, five (5%) percent;
2. On all sums in excess of four thousand (P4.000.00) pesos, two and one-half (2.5%) percent. (AM. Mo. 99-8-01-SC, Sept. 14, 1999.)
SEC. 21. Government exempt.—The Republic of the Philippines, its agencies and instrumentalities, are exempt from paying the legal fees provided in this rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees. (19) (As amended by Adm. Memo. No. 00-2-01-SC, and it took effect on the 1st day of March 2000.)
Rule 140 [Discipline of Judges or Regular and Special Courts and Justices of the Court and Justices of Court of Appeals and the Sandiganbayan
Rule 140
DISCIPLINE OF JUDGES OR REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN*
[*as amended by A.M. No. 01-8-10-SC effective October 1, 2001]
SECTION 1. Complaint. — All charges against judges of first instance shall be in writing and shall set out distinctly, clearly, and concisely the facts complained of as constituting the alleged serious misconduct or inefficiency of the respondent, and shall be sworn to and supported by affidavits of persons who have personal knowledge of the facts therein alleged, and shall be accompanied with copies of documents which may substantiate said facts.
[*as amended by A.M. No. 01-8-10-SC effective October 1, 2001]
SECTION 1. Complaint. — All charges against judges of first instance shall be in writing and shall set out distinctly, clearly, and concisely the facts complained of as constituting the alleged serious misconduct or inefficiency of the respondent, and shall be sworn to and supported by affidavits of persons who have personal knowledge of the facts therein alleged, and shall be accompanied with copies of documents which may substantiate said facts.
SEC. 2. Service or dismissal. — If the charges appear to merit action, a copy thereof shall be served upon the respondent, requiring him to answer within ten (10) days from the date of service. If the charges do not merit action, or if the answer shows to the satisfaction of the court that the charges are not meritorious, the same shall be dismissed.
SEC. 3. Answer; hearing. — Upon the filing of the respondent's comment, or upon the expiration of the time for its filing, the Court shall assign one of its members, a Justice of the Court of Appears or a Judge of first instance to conduct the hearing of the charges. The Justice or judge so assigned shall set a day for the hearing, and notice thereof shall be served on both parties. At such hearing, the parties may present oral or written evidence.
SEC 4. Report. — After the hearing, the Justice or judge shall file with the Supreme Court a report of his findings of fact and conclusions of law, accompanied by the evidence presented by the parties and the other papers in the case.
SEC. 6. Action. — After the filing of the report, the court will take such action as the facts and the law may warrant.
SEC. 7. Confidential. — Proceedings against Judges of first instance shall be private and confidential.
Rule 139-B [Disbarment and Discipline of Attorneys]
RULE 139-B
DISBARMENT AND DISCIPLINE OF ATTORNEYS
SECTION 1. How Instituted.—Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state 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 said facts.
DISBARMENT AND DISCIPLINE OF ATTORNEYS
SECTION 1. How Instituted.—Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state 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 said facts.
The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against any erring attorneys including those in the government service: Provided, however, That all charges against Justices of the Court of Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court: Provided, further, That charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. (As amended by Bar Matter No. 1960, May 1, 2000.)
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
SEC. 2. National Grievance Investigators.—The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a panel of three (3) investigators to investigate the complaint. All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal bias, or his having acted as counsel for either party, unless the parties sign and enter upon the record their written consent to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.
Any Investigator may also be removed for cause, after the hearing, by the vote of at least six (6) members of the IBP Board of Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.
SEC. 3. Duties of the National Grievance Investigator.—The National Grievance Investigators shall investigate all complaints against members of the Integrated Bar referred to them by the IBP Board of Governors.
SEC. 4. Chapter assistance to complainant.—The proper IBP Chapter may assist the complainants) in the preparation and filing of his complaint(s).
SEC. 5. Service or dismissal.—If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complaint.
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.
SEC. 6. Verification and service of answer.—The answer shall be verified. The original and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.
SEC. 7. Administrative counsel.—The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.
SEC. 8. Investigation.—Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.
The Investigator shall terminate the investigation within three (3) months from the date of its commencement, unless extended for good cause by the Board of Governors upon prior application.
Willful failure to refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall as far as practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within a like period of fifteen (15) days issue a resolution setting forth its findings and recommendations, which shall forthwith be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.
SEC. 9. Depositions.—Depositions may be taken in accordance with the Rules of Court with leave of the investigators).
Within the Philippines, depositions may be taken before any member of the Board of Governors, the President of any Chapter, or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine Government or before any person agreed upon by the parties or designated by the Board of Governors.
Any suitable member of the Integrated Bar in the Place where a deposition shall be taken may be designated by the Investigator to assist the complainant or the respondent in taking a deposition.
SEC. 10. Report of Investigator.—Not later than thirty (30) days from the termination of the investigation, the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the stenographic notes and the transcript thereof, and all the evidence presented during the investigation. The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.
SEC. 11. Defects.—No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial action as the circumstances may warrant, including invalidation of the entire proceedings.
SEC. 12. Review and decision by the Board of Governors.—
(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report.
(b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.
(c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition, reprimand, or find) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.
(d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same shall be transmitted to the Supreme Court.
B. PROCEEDINGS IN THE SUPREME COURT
SEC. 13. Supreme Court Investigators.—In proceedings initiated motu proprio by the Supreme Court or in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner provided in sections 6 to 11 hereof, save that the review of the report of investigation shall be conducted directly by the Supreme Court.
SEC. 14. Report of the Solicitor General or other Court designated Investigator.—Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a report containing his findings of fact and recommendations together with the record and all the evidence presented in the investigation for the final action of the Supreme Court.
C. COMMON PROVISIONS
SEC. 15. Suspension of attorney by Supreme Court.—After receipt of respondent's answer or lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon the recommendation of the Investigators, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.
SEC. 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court.—The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.
SEC. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court.—Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.
SEC. 18. Confidentiality.—Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.
SEC. 19. Expenses.—All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges for which the parties may be taxed as costs.
SEC. 20. Effectivity and Transitory Provision.—This Rule shall take effect on June 1, 1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS." All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed. (Bar Matter No. 356, Resolution April 13, 1988.)
Rule 139-A [Integrated Bar of the Philippines]
RULE 139-A
INTEGRATED BAR OF THE PHILIPPINES
[effective January 16, 1973]
SECTION 1. Organization.—There is hereby organized an official national body to be known as the “Integrated Bar of the Philippines,” composed of all persons whose names now appear or may hereafter be included in the Roll of Attorneys of the Supreme Court.
INTEGRATED BAR OF THE PHILIPPINES
[effective January 16, 1973]
SECTION 1. Organization.—There is hereby organized an official national body to be known as the “Integrated Bar of the Philippines,” composed of all persons whose names now appear or may hereafter be included in the Roll of Attorneys of the Supreme Court.
SEC. 2. Purposes.—The fundamental purposes of the Integrated Bar shall be to elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively.
SEC. 3. Regions.—The Philippines is hereby divided into nine Regions of the Integrated Bar, to wit:
(a) Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva Vizcaya, and Quirino;
(b) Central Luzon, consisting of the province of Bataan, Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and Zambales;
(c) Greater Manila, consisting of the City of Manila and Quezon City;
(d) Southern Luzon, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal;
(e) Bicolandia, consisting of the provinces of Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, and Sorsogon;
(f) Eastern Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and Southern Leyte;
(g) Western Visayas, Consisting of the provinces of Aklan, Antique, Capiz, Iloilo, Negros Occidental, Negros Oriental, Palawan, Romblon, and Siquijor;
(h) Eastern Mindanao, consisting of the provinces of Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Davao del Norte, Davao del Sur, Davao Oriental, Misamis Oriental, Surigao del Norte, and Surigao del Sur; and
(i) Western Mindanao, consisting of the cities of Basilan and Zamboanga, and the provinces of Cotabato, Lanao del Norte, Lanao del Sur, Misamis Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del Sur.
In the event of the creation of any new province, the Board of Governors shall, with the approval of the Supreme Court determine the Region to which the said province shall belong.
SEC. 4. Chapters.—A Chapter of the Integrated Bar shall be organized in every province. Except as hereinbelow provided, every city shall be considered part of the province within which it is geographically situated.
A separate Chapter shall be organized in each of following political subdivisions or areas:
(a) The subprovince of Aurora;
(b) Each congressional district of the City of Manila;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and San Juan del Monte;
(f) Cebu City; and
(g) Zamboanga City and Basilan City.
Unless he otherwise registers his preference for a particular Chapter, a lawyer shall be considered a member of the Chapter of the Province, city, political subdivision or area where his office or, in the absence thereof, his residence is located. In no case shall any lawyer be a member of more than one Chapter.
Each Chapter shall have its own local government as provided for by uniform rules to be prescribed by the Board of Governors and approved by the Supreme Court, the provisions of Section 19 of this Rule notwithstanding.
Chapters belonging to the same Region may hold regional conventions on matters and problems of common concern.
SEC. 5. House of Delegates.—The Integrated Bar shall have a House of Delegates of not more than one hundred twenty members who shall be apportioned among all the Chapters as nearly as may be according to the number of their respective members, but each Chapter shall have at least one Delegate. On or before December 31, 1974, and every four years thereafter, the Board of Governors shall make an apportionment of Delegates.
The term of the office of Delegate shall begin on the date of the opening of the annual convention of the House and shall end on the day immediately preceding the date of the opening of the next succeeding annual convention. No person may be a Delegate for more than two terms.
The House shall hold an annual convention at the call of the Board of Governors at any time during the month of April of each year for the election of Governors, the reading and discussion of reports including the annual report of the Board of Governors, the transaction of such other business as may be referred to it by the Board, and the consideration of such additional matters as may be requested in writing by at least twenty Delegates. Special conventions of the House may be called by the Board of Governors to consider only such matters as the Board shall indicate. A majority of the Delegates who have registered for a convention, whether annual or special, shall constitute a quorum to do business.
SEC. 6. Board of Governors.—The Integrated Bar shall be governed by-a Board of Governors. Nine Governors shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor from each Region. Each Governor shall be chosen from a list of nominees submitted by the Delegates from the Region, provided that no more than one nominee shall come from any Chapter. The President and the Executive Vice President, if chosen by the Governors from outside of themselves as provided in Section 7 of this Rule, shall ipso facto become members of the Board.
The members of the Board shall hold office for a term of one year from the date of their election and until their successors shall have been duly elected and qualified. No person may be a Governor for more than two terms.
The Board shall meet regularly once every three months, on such date and at such time and place as it shall designate. A majority of all the members of the Board shall constitute a quorum to do business. Special meetings may be called by the President or by five members of the Board.
Subject to the approval of the Supreme Court, the Board shall adopt By-Laws and promulgate Canons of Professional Responsibility for all members of the Integrated Bar. The By-Laws and the Canons may be amended by the Supreme Court motu proprio or upon the recommendation of the Board of Governors.
The Board shall prescribe such other rules and regulations as may be necessary and proper to carry out the purposes of the Integrated Bar as well as the provisions of this Rule.
SEC. 7. Officers.—The Integrated Bar shall have a President and an Executive Vice President who shall be chosen by the Governors immediately after the latter's election, either from among themselves or from other members of the Integrated Bar by the vote of at least five Governors. Each of the regional members of the Board shall be ex officio Vice President for the Region which he represents.
The President and the Executive Vice President shall hold office for a term of one year from the date of their election and until their successors shall have duly qualified. The Executive Vice President shall automatically become the President for the next succeeding full term. The Presidency shall rotate from year to year among all the nine Regions in such order of rotation as the Board of Governors shall prescribe. No person shall be President or Executive Vice President of the Integrated Bar for more than one term.
The Integrated Bar shall have a Secretary, a Treasurer, and such other officer and employees as may be required by the Board of Governors, to be appointed by the President with the consent of the Board, and to hold office at the pleasure of the Board or for such term as it may fix. Said officers and employees need not be members of the Integrated Bar.
SEC. 8. Vacancies.—In the event the President is absent or unable to act, his duties shall be performed by the Executive Vice President; and in the event of the death, resignation, or removal of the President, the Executive Vice President shall serve as Acting President during the remainder of the term of the office thus vacated. In the event of the death, resignation, removal, or disability of both the President and the Executive Vice President, the Board of Governors shall elect an Acting President to hold office until the next succeeding election or during the period of disability.
The filling of vacancies in the House of Delegates, Board of Governors, and all other positions of Officers of the Integrated Bar shall be as provided in the By-Laws. Whenever the term of an office or position is for a fixed period, the person chosen to fill a vacancy therein shall serve only for the unexpired term.
SEC. 9. Membership dues.—Every member of the Integrated shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collections from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.
SEC. 10. Effect of non-payment of dues.—Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of members in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of delinquent member from the Roll of Attorneys.
SEC. 11. Voluntary termination of membership; reinstatement.—A member may terminate his membership by filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be stricken by the Court in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court.
SEC. 12. Grievance procedures.—The Board of Governors shall provide in the By-Laws for grievance procedures for the enforcement and maintenance of discipline among all the members of the Integrated Bar, but no action involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys shall be effective without the final approval of the Supreme Court.
SEC. 13. Non-political Bar.—The Integrated Bar shall be strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, Officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof.
SEC. 14. Positions honorary.—Except as may be specifically authorized or allowed by the Supreme Court, no Delegate or Governor and no national or local Officer or committee member shall receive any compensation, allowance or emolument from the funds of the Integrated Bar for any service rendered therein or be entitled to reimbursement for any expense incurred in the discharge of his functions.
SEC. 15. Fiscal matters.—The Board of Governors shall administer the funds of the Integrated Bar and shall have the power to make appropriations and disbursements therefrom. It shall cause proper Books of Accounts to be kept and Financial Statements to be rendered and shall see to it that the proper audit is made of all accounts of the Integrated Bar and all the Chapters thereof.
SEC. 16. Journal.—The Board of Governors shall cause to be published a quarterly Journal of the Integrated Bar, free copies of which shall be distributed to every member of the Integrated Bar.
SEC. 17. Voluntary Bar associations.—All voluntary Bar associations now existing or which may hereafter be formed may co-exist with the Integrated Bar but shall not operate at cross-purposes therewith.
SEC. 18. Amendments.—This Rule may be amended by the Supreme Court motu proprio or upon the recommendation of the Board of Governors or any Chapter of the Integrated Bar.
SEC. 19. Organizational period.—The Commission on Bar Integration shall organize the local Chapters and toward this end shall secure the assistance of the Department of Justice and of all Judges throughout the Philippines. All Chapter organizational meetings shall be held on Saturday, February 17, 1973. In every case, the Commission shall cause proper notice of the date, time and place of the meeting to be served upon all the lawyers concerned at their addresses appearing in the records of the Commission. The lawyers present at the meeting called to organize a Chapter shall constitute a quorum for the purpose, including the election of a President, Vice President, Secretary, Treasurer, and five Directors.
The Commission shall initially fix the number of Delegates and apportion the same among all the Chapters as nearly as may be in proportion to the number of their respective members, but each chapter shall have at least one Delegate. The President of each Chapter shall concurrently be its Delegate to the House of Delegates. The Vice President shall be his alternate, except where the Chapter is entitled to have more than one Delegate, in which case the Vice President shall also be a Delegate. The Board of Directors of the Chapter shall in proper cases elect additional as well as alternative Delegates.
The House of Delegates shall convene in the City of Manila on Saturday, March 17, 1973 for the purpose of electing a Board of Governors. The Governors shall immediately assume office and forthwith meet to elect the Officers of the Integrated Bar. The Officers so chosen shall immediately assume their respective positions.
SEC. 20. Effectivity.—This Rule shall take effect on January 16,1973.
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Rule 139-A which ordained the integration of the Philippine Bar and the By-Laws of the Integrated Bar of the Philippines did not withdraw from the courts the authority to investigate and decide complaints against erring members of the Bar.
Rule 139 [Disbarment or Suspension of Attorneys]
RULE 139
DISBARMENT OR SUSPENSION OF ATTORNEYS*
[*superseded by Rule 139-B]
SECTION 1. Motion or complaint.—Proceedings for the removal or suspension of attorneys may be taken by the Supreme Court on its own motion or upon the complaint under oath of another in writing. The complaint shall set out distinctly, clearly, and concisely the facts complained of, supported by affidavits, if any, of persons having personal knowledge of the facts therein alleged and shall be accompanied with copies of such documents as may substantiate said facts.
DISBARMENT OR SUSPENSION OF ATTORNEYS*
[*superseded by Rule 139-B]
SECTION 1. Motion or complaint.—Proceedings for the removal or suspension of attorneys may be taken by the Supreme Court on its own motion or upon the complaint under oath of another in writing. The complaint shall set out distinctly, clearly, and concisely the facts complained of, supported by affidavits, if any, of persons having personal knowledge of the facts therein alleged and shall be accompanied with copies of such documents as may substantiate said facts.
SEC. 2. Service or dismissal.—If the complaint appears to merit action, a copy thereof shall be served upon the respondent, requiring him to answer the same within ten (10) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Supreme Court that the complaint is not meritorious, the same shall be dismissed.
SEC. 3. Investigation by Solicitor General.—Upon the issues raised by the complaint and answer, or upon failure of the respondent to answer, the case shall be referred to the Solicitor General for investigation to determine if there is sufficient ground to proceed with the prosecution of the respondent. In the investigation conducted by the Solicitor General, the respondent shall be given full opportunity to defend himself, to produce witnesses on his own behalf, and to be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.
SEC. 4. Report of the Solicitor General.—Based upon the evidence adduced at the hearing, if the Solicitor General finds no sufficient ground to proceed against the respondent, he shall submit a report to the Supreme Court containing his findings of fact and conclusion, whereupon the respondent shall be exonerated unless the court orders differently.
SEC. 5. Complaint of the Solicitor General. Answer of respondent.—If the Solicitor General finds sufficient ground to proceed against the respondent, he shall file the corresponding complaint, accompanied with all the evidence introduced in his investigation, with the Supreme Court, and the respondent shall be served by the clerk of the Supreme Court with a copy of the complaint with direction to answer the same within fifteen (15) days.
SEC. 6. Evidence produced before Solicitor General available.—The evidence produced before the Solicitor General in his investigation may be considered by the Supreme Court in the final decision of the case, if the respondent had an opportunity to object and cross-examine. If in the respondent's answer no statement is made as to any intention of introducing additional evidence, the case shall be set down for hearing, upon the filing of such answer or upon the expiration of the time to file the same.
SEC. 7. Commissioner to investigate and recommend. Rules of evidence.—Upon receipt of the respondent's answer, wherein a statement is made as to his desire to introduce additional evidence, the case shall be referred to a commissioner who, in the discretion of the court, may be the clerk of the Supreme Court, a judge of the Regional Trial Court, or an attorney-at-law for investigation, report, and recommendation. The Solicitor General or his representative shall appear before the commissioner to conduct the prosecution. The respondent shall be given full opportunity to defend himself, to produce additional evidence in his own behalf, and to be heard by himself and counsel. However, if upon reasonable notice the respondent fails to appear, the investigation shall proceed ex parte. The rules of evidence shall be applicable to proceedings of this nature.
SEC. 8. Report of commissioner and hearing.—Upon receipt of the report of the commissioner, copies of which shall be furnished the Solicitor General and the respondent, the case shall be set down for hearing before the court, following which the case shall be considered submitted to the court for its final determination.
SEC. 9. Procedure in Court of Appeals or Regional Trial Court.—As far as may be applicable, the procedure above outlined shall likewise govern the filing and investigation of complaints against attorneys in the Court of Appeals or in Regional Trial Court. In case of suspension of the respondent, the judge of Regional Trial Court or Justice of the Court of Appeals shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which same is based.
SEC. 10. Confidential.—Proceedings against attorneys shall be private and confidential, except that the final order of the court shall be made public as in other cases coming before the court.
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