A.C. No. 6490 (CBD 03-1054) - LILIA TABANG AND CONCEPCION TABANG, COMPLAINANTS, VS. ATTY. GLENN C. GACOTT. RESOLUTION - Supreme Court E-Library

Ruling

Accordingly she recommended that respondent be suspended from the practice of law for six months. [4] On April 16, 2004, the Board of Governors of the IBP passed a resolution adopting the report of Commissioner Navarro. However, the Board modified the recommended penalty and imposed the supreme punishment of disbarment. [5] We do not agree with the IBP Resolution. The case should be remanded for further proceedings. A lawyer may be disbarred or suspended for any violation of his oath, a patent disregard of his duties, or an odious deportment unbecoming an attorney. Among the grounds enumerated in Section 27, Rule 138 of the Rules of Court are deceit, malpractice, gross misconduct in office, grossly immoral conduct, conviction of a crime involving moral turpitude, any violation of the oath which he is required to take before admission to the practice of law, willful disobedience of any lawful order of a superior court, corrupt or willful appearance as an attorney for a party to a case without authority to do so. The grounds are not preclusive in nature even as they are broad enough as to cover practically any kind of impropriety that a lawyer does or commits in his professional career or in his private life. A lawyer must at no time be wanting in probity and moral fiber which are not only conditions precedent to his entrance to the Bar but are likewise essential demands for his continued membership therein. [6] Nonetheless, the power to disbar must be exercised with great caution. For the court to exercise its disciplinary powers, the case against the respondent must be established by clear, convincing and satisfactory proof. Indeed, considering the serious consequences of the disbarment or suspension of a member of the Bar, the Supreme Court has consistently held that clearly preponderant evidence is necessary to justify the imposition of the administrative penalty. [7] Moreover, in complaints for disbarment, a formal investigation is a mandatory requirement which may not be dispensed with except for valid and compelling reasons. [8] Rule 139-B provides for the procedure of investigation in disbarment and disciplinary proceedings against attorneys before the IBP, thus: 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 or refusal to obey a subpoena or any other lawful order issued by the Investigator sha