Article 31p. 31

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

The term shall also include an officer holding a similar

position in agencies exercising quasi-judicial functions, or

a responsible officer of an accredited PO or NGO, or an

accredited mediator who conducted the court-annexed

mediation proceeding.

SECTION 5. Requirements . -

(a)

Every

practicing

lawyer

is

required

to render a

minimum of sixty (60) hours of free legal aid services to

indigent litigants in a year. Said 60 hours shall be spread

within a period of twelve (12) months, with a minimum of

five (5) hours of free legal aid services each month.

However, where it is necessary for the practicing lawyer to

render legal aid service for more than five (5) hours in one

month, the excess hours may be credited to the said

lawyer for the succeeding periods.

For this purpose, a practicing lawyer shall coordinate with

the Clerk of Court for cases where he may render free

legal aid service. He may also coordinate with the IBP

Legal Aid Chairperson of the IBP Chapter to inquire about

cases where he may render free legal aid service. In this

connection, the IBP Legal Aid Chairperson of the IBP

Chapter shall regularly and actively coordinate with the

Clerk of Court.

The practicing lawyer shall report compliance with the

requirement within ten (10) days of the last month of

each quarter of the year.

(b) A practicing lawyer shall be required to secure and

obtain a certificate from the Clerk of Court attesting to

the number of hours spent rendering free legal aid

services in a case.

The certificate shall contain the following information:

(i) The case or cases where the legal aid service was

rendered, the party or parties in the said case(s) for whom

the service was rendered, the docket number of the said

case(s) and the date(s) the service was rendered.

(ii) The number of hours actually spent attending a

hearing or conducting trial on a particular case in the

court or quasi-judicial body.

(iii)

The

number

of

hours

actually

spent

attending

mediation, conciliation or any other mode of ADR on a

particular case.

(iv) A motion (except a motion for extension of time to file

a pleading or for postponement of hearing or conference)

or pleading filed on a particular case shall be considered

as one (1) hour of service.

The Clerk of Court shall issue the certificate in triplicate,

one (1) copy to be retained by the practicing lawyer, one

(1) copy to be retained by the Clerk of Court and one (1)

copy to be attached to the lawyer's compliance report.

(c) Said compliance report shall be submitted to the Legal

Aid Chairperson of the IBP Chapter within the court’s

jurisdiction. The Legal Aid Chairperson shall then be

tasked with immediately verifying the contents of the

certificate with the issuing Clerk of Court by comparing

the copy of the certificate attached to the compliance

report with the copy retained by the Clerk of Court.

(d)

The IBP Chapter shall, after verification, issue a

compliance certificate to the concerned lawyer. The IBP

Chapter shall also submit the compliance reports to the

IBP’s

NCLA

for

recording

and

documentation.

The

submission shall be made within forty-five (45) days after

the mandatory submission of compliance reports by the

practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed

before the courts or quasi-judicial bodies the number and

date of issue of their certificate of compliance for the

immediately preceding compliance period. Failure to

disclose

the

required

information

would

cause

the

dismissal of the case and the expunction of the pleadings

from the records.

(f) Before the end of a particular year, lawyers covered by

the category under Section 4(a)(i) and (ii), shall fill up a

form prepared by the NCLA which states that, during that

year,

they

are

employed

with

the

government

or

incumbent elective officials not allowed by law to practice

or lawyers who by law are not allowed to appear in court.

The form shall be sworn to and submitted to the IBP

Chapter

or

IBP

National

Office

together

with

the

payment of an annual contribution of Two Thousand

Pesos (P2,000). Said contribution shall accrue to a special

fund of the IBP for the support of its legal aid program.

(g) Before the end of a particular year, lawyers covered by

the

category

under

Section

4(a)(iii)

shall

secure

a

certification from the director of the legal clinic or of the

concerned NGO or PO to the effect that, during that year,

they have served as supervising lawyers in a legal clinic or

actively participated in the NGO’s or PO’s free legal aid

activities. The certification shall be submitted to the IBP

Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by

the category under Section 4(a)(iv) shall fill up a form

prepared by the NCLA which states that, during that year,

they

are

neither

practicing

lawyers

nor

covered by

Section (4)(a)(i) to (iii). The form shall be sworn to and

submitted to the IBP Chapter or IBP National Office

together with the payment of an annual contribution of

Four Thousand Pesos (P4,000) by way of support for the

efforts of practicing lawyers who render mandatory free

legal aid services. Said contribution shall accrue to a

special fund of the IBP for the support of its legal aid

program.

(i) Failure to pay the annual contribution shall subject the

lawyer to a penalty of Two Thousand Pesos (P2,000) for

that year which amount shall also accrue to the special

fund for the legal aid program of the IBP.

SECTION 6. NCLA . -

(a) The NCLA shall coordinate with the various legal aid

committees of the IBP local chapters for the proper

handling

and

accounting

of

legal

aid

cases

which

practicing lawyers can represent.

(b) The NCLA shall monitor the activities of the Chapter of

the Legal Aid Office with respect to the coordination with

Clerks of Court on legal aid cases and the collation of

certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records

in compliance with this Rule.

(d) The NCLA shall prepare the following forms: certificate

to be issued by the Clerk of Court and forms mentioned

in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the

contributions and penalties that will be paid by lawyers

pursuant

to

this

Rule

to

effectively

carry

out

the

provisions of this Rule. For this purpose, it shall annually

submit an accounting to the IBP Board of Governors.

The accounting shall be included by the IBP in its report

to the Supreme Court in connection with its request for

the release of the subsidy for its legal aid program.

SECTION 7. Penalties . -

(a) At the end of every calendar year, any practicing

lawyer who fails to meet the minimum prescribed 60

hours of legal aid service each year shall be required by

the IBP, through the NCLA, to explain why he was unable

to render the minimum prescribed number of hours. If no

explanation has been given or if the NCLA finds the

explanation unsatisfactory, the NCLA shall make a report

and recommendation to the IBP Board of Governors that

the erring lawyer be declared a member of the IBP who is

not in good standing. Upon approval of the NCLA’s

recommendation,

the

IBP

Board

of

Governors

shall

declare the erring lawyer as a member not in good

standing. Notice thereof shall be furnished the erring

lawyer and the IBP Chapter which submitted the lawyer’s

compliance report or the IBP Chapter where the lawyer is

registered, in case he did not submit a compliance report.

The notice to the lawyer shall include a directive to pay

Four Thousand Pesos (P4,000) penalty which shall accrue

to the special fund for the legal aid program of the IBP.

© Compiled By RGL

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