1.    Who has the power to discipline members of the bar?


In Vasco-Tamaray v. Daquis, the Court  emphasized  that  the amendments reiterated the principle that only the Court has the power to impose disciplinary action on members of the bar. Factual findings and recommendations of the Commission on Bar Discipline and the Board of Governors of the IBP are recommendatory, subject to review by the Court.


2.    CBD  Case  No.  11-3215  is  a  complaint1  for  gross  immorality, malpractice  and  gross  misconduct filed  against  Atty.  Dalangin  by  the following  complainants:  (1)  Atty.  Torres; (2)  Felicidad  O.  Samatra (Samatra); (3) Alvaro; (4) Mary DF. Noveras (Noveras); and (5) Generosa S. Camacho (Camacho).

Atty. Dalangin filed a petition for review that questioned the IBP Board of Governors’ resolve to affirm the Investigating Commissioner’s  recommendation  on  his  administrative  liability, notwithstanding the fact that the Court had not yet taken a final action on the complaints.

Is petition for review the proper remedy?


No.

In any case, it must still be stressed that the filing of the petition for review on the issue of Atty. Dalangin’s suspension from the practice of law was as yet not among his remedies, considering that the Court still had to release its final action on the matter. It is the Supreme Court, not the IBP, which has the constitutionally mandated duty to discipline lawyers. The factual findings of the IBP can only be recommendatory.  Its recommended penalties are also, by their nature, recommendatory. In light of these precepts,  the  Court  will  then  not  refuse  a  review  of  the  IBP’s recommendation  for  Atty.  Dalangin’s suspension notwithstanding the premature filing of the petition. In fact, an examination of  the  IBP resolutions for his suspension is warranted as a matter of course, even in the absence of a petition, because it is the Court that has the duty to take a final action on any determination of the IBP for a lawyer’s suspension from the practice of law or disbarment. 

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