Article 30p. 30

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

RULE 14 REINSTATEMENT

Section 1. Process

The involuntary listing as a delinquent member shall be

terminated

when

the

member

provides

proof

of

compliance

with

the

MCLE

requirement,

including

payment of non-compliance fee. A member may attain

the necessary credit hours to meet the requirement for

the period of non-compliance during the period the

member is on inactive status. These credit hours may not

be counted toward meeting the current compliance

period requirement. Credit hours attained during the

period

of

non-compliance

in excess of the number

needed

to

satisfy

the

prior

compliance

period

requirement

may

be

counted

toward

meeting

the

current compliance period requirement.lawphil.net

Section

2.

Termination

of

delinquent

listing

administrative process

The termination of listing as a delinquent member is

administrative in nature but it shall be made with notice

and hearing by the MCLE Committee.

RULE 15 MANDATORY CONTINUING LEGAL

EDUCATION COMMITTEE

Section 1. Composition

The MCLE Committee shall be composed of five (5)

members, namely: a retired Justice of the Supreme Court,

as Chair, and four (4) members, respectively, nominated

by the IBP, the Philippine Judicial Academy, a law center

designated by the Supreme Court and associations of law

schools and/or law professors.

The members of the Committee shall be of proven

probity and integrity. They shall be appointed by the

Supreme Court for a term of three (3) years and shall

receive such compensation as may be determined by the

Court.

Section 2. Duty of the Committee

The MCLE Committee shall administer and adopt such

implementing rules as may be necessary subject to the

approval by the Supreme Court. It shall, in consultation

with the IBP Board of Governors, prescribe a schedule of

MCLE fees with the approval of the Supreme Court.

Section 3. Staff of the IBP

The IBP shall employ such staff as may be necessary to

perform the record-keeping, auditing, reporting, approval

and other necessary functions.

Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual

budget for a subsidy to establish, operate and maintain

the MCLE Program.

This resolution shall take effect in October 2000, following

its publication in two (2) newspaper of general circulation

in the Philippines.

Adopted this 22nd day of August, 2000.

B.M. No. 2012 | RULE ON

MANDATORY LEGAL AID

SERVICE

February 10, 2009

SECTION 1. Title . - This Rule shall be known as "The Rule

on Mandatory Legal Aid Service."

SECTION 2. Purpose . - This Rule seeks to enhance the

duty of lawyers to society as agents of social change and

to the courts as officers thereof by helping improve

access to justice by the less privileged members of

society and expedite the resolution of cases involving

them. Mandatory free legal service by members of the

bar and their active support thereof will aid the efficient

and effective administration of justice especially in cases

involving indigent and pauper litigants.

SECTION

3.

Scope .

-

This

Rule

shall

govern

the

mandatory requirement for practicing lawyers to render

free legal aid services in all cases (whether, civil, criminal

or administrative) involving indigent and pauper litigants

where the assistance of a lawyer is needed. It shall also

govern the duty of other members of the legal profession

to support the legal aid program of the Integrated Bar of

the Philippines.

SECTION 4. Definition of Terms . - For purposes of this

Rule:

(a) Practicing lawyers are members of the Philippine Bar

who appear for and in behalf of parties in courts of law

and quasi-judicial agencies, including but not limited to

the

National

Labor

Relations

Commission,

National

Conciliation and Mediation Board, Department of Labor

and

Employment

Regional

Offices,

Department

of

Agrarian

Reform

Adjudication

Board

and

National

Commission for Indigenous Peoples. The term "practicing

lawyers" shall exclude:

(i)

Government

employees

and

incumbent

elective

officials not allowed by law to practice;

(ii) Lawyers who by law are not allowed to appear in court;

(iii)

Supervising

lawyers

of

students enrolled in law

student practice in duly accredited legal clinics of law

schools and lawyers of non-governmental organizations

(NGOs) and peoples’ organizations (POs) like the Free

Legal Assistance Group who by the nature of their work

already render free legal aid to indigent and pauper

litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii)

including those who are employed in the private sector

but do not appear for and in behalf of parties in courts of

law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under

Rule 141, Section 19 of the Rules of Court and Algura v. The

Local

Government

Unit

of

the

City

of

Naga

(G.R.

No.150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and

controversies that are criminal, civil and administrative in

nature in whatever stage wherein indigent and pauper

litigants need legal representation;

(d) Free legal aid services refer to appearance in court or

quasi-judicial body for and in behalf of an indigent or

pauper litigant and the preparation of pleadings or

motions. It shall also cover assistance by a practicing

lawyer to indigent or poor litigants in court-annexed

mediation and in other modes of alternative dispute

resolution (ADR). Services rendered when a practicing

lawyer

is

appointed counsel de oficio shall also be

considered as free legal aid services and credited as

compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official

national organization of lawyers in the country;

(f) National Committee on Legal Aid (NCLA) is the

committee of the IBP which is specifically tasked with

handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee

of the IBP which is specifically tasked with disciplining

members of the Bar;

(h) IBP Chapters are those chapters of the Integrated Bar

of the Philippines located in the different geographical

areas of the country as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of the court where

the practicing lawyer rendered free legal aid services. In

the case of quasi-judicial bodies, it refers to an officer

holding an equivalent or similar position.

© Compiled By RGL

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