Article 32p. 32

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

(b) The "not in good standing" declaration shall be

effective for a period of three (3) months from the receipt

of the erring lawyer of the notice from the IBP Board of

Governors. During the said period, the lawyer cannot

appear in court or any quasi-judicial body as counsel.

Provided, however, that the "not in good standing" status

shall subsist even after the lapse of the three-month

period until and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under

this Rule for at least three (3) consecutive years shall be

the subject of disciplinary proceedings to be instituted

motu proprio by the CBD. The said proceedings shall

afford the erring lawyer due process in accordance with

the rules of the CBD and Rule 139-B of the Rules of Court.

If found administratively liable, the penalty of suspension

in the practice of law for one (1) year shall be imposed

upon him.

(d) Any lawyer who falsifies a certificate or any form

required to be submitted under this Rule or any contents

thereof

shall

be

administratively

charged

with

falsification

and

dishonesty

and shall be subject to

disciplinary action by the CBD. This is without prejudice

to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof

by any Clerk of Court or by any Chairperson of the Legal

Aid Committee of the IBP local chapter where the case is

pending or by the Director of a legal clinic or responsible

officer of an NGO or PO shall be a ground for an

administrative case against the said Clerk of Court or

Chairperson. This is without prejudice to the filing of the

criminal

and

administrative

charges

against

the

malfeasor.

SECTION 8. Credit for Mandatory Continuing Legal

Education ( MCLE ). - A lawyer who renders mandatory

legal aid service for the required number of hours in a

year for the three year-period covered by a compliance

period under the Rules on MCLE shall be credited the

following: two (2) credit units for legal ethics, two (2) credit

units for trial and pretrial skills, two (2) credit units for

alternative dispute resolution, four (4) credit units for legal

writing

and

oral

advocacy,

four

(4)

credit units for

substantive and procedural laws and jurisprudence and

six (6) credit units for such subjects as may be prescribed

by the MCLE Committee under Section 2(9), Rule 2 of the

Rules on MCLE.

A lawyer who renders mandatory legal aid service for the

required number of hours in a year for at least two

consecutive years within the three year-period covered by

a compliance period under the Rules on MCLE shall be

credited the following: one (1) credit unit for legal ethics,

one (1) credit unit for trial and pretrial skills, one (1) credit

unit for alternative dispute resolution, two (2) credit units

for legal writing and oral advocacy, two (2) credit units for

substantive and procedural laws and jurisprudence and

three

(3)

credit

units

for such subjects as may be

prescribed by the MCLE Committee under Section 2(g),

Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules . - The IBP, through the

NCLA,

is

hereby

given

authority

to

recommend

implementing

regulations

in

determining

who

are

"practicing lawyers," what constitute "legal aid cases" and

what administrative procedures and financial safeguards

which

may

be

necessary

and

proper

in

the

implementation of this rule may be prescribed. It shall

coordinate with the various legal chapters in the crafting

of the proposed implementing regulations and, upon

approval

by

the

IBP

Board

of

Governors,

the

said

implementing regulations shall be transmitted to the

Supreme Court for final approval.

SECTION 10. Effectivity . - This Rule and its implementing

rules shall take effect on July 1,2009 after they have been

published in two (2) newspapers of general circulation.

A.M. No. 17-03-09-SC RULE ON

COMMUNITY LEGAL AID

SERVICE

October 22, 2017

SECTION 1. Title .— This Rule shall be known as the

"Community Legal Aid Service Rule."

SECTION 2. Rationale . — The legal profession is imbued

with public interest. As such, lawyers are charged with the

duty to give meaning to the guarantee of access to

adequate legal assistance under Article III, Section 11 of

the 1987 Constitution by making their legal services

available to the public in an efficient and convenient

manner compatible with the independence, integrity and

effectiveness of the profession. As a way to discharge this

constitutional duty, lawyers are obliged to render pro

bono services to those who otherwise would be denied

access to adequate legal services.

SECTION 3. Scope .— This Rule shall govern the mandatory

requirement for covered lawyers to render pro bono legal

aid services to qualified litigants, as defined herein.

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

Rule, the following terms shall be understood to be how

they are defined under this Section:

(a) "Covered lawyers" shall refer to those who have

successfully passed the Annual Bar Examinations and

have signed the Roll of Attorneys for that particular year;

for purposes of this Rule, it shall include those who will

pass the 2017 Bar Examination and are admitted to the

Bar in 2018.

(b) " Pro Bono Legal Aid Service" shall refer to supervised

post-admission

legal

services

in

civil,

criminal

and

administrative cases consisting of:

1. Legal services provided without charge for the following

qualified parties or litigants:

i. Indigent Party or Pauper Litigants, as defined;

ii. Other persons of limited means, as defined;

iii. Individuals, groups, or organizations rendered unable

to secure free legal assistance by reason of conflict of

interest

on

the

part

of

government-provided

legal

assistance through the Public Attorney's Office; and

iv. Public interest cases that have societal impact and

involves a group or sector of society that otherwise would

not be capable of securing legal assistance by reason of

inability

of

other lawyers, law firms, or government

offices, including the Public Attorney's Office.

2. The following shall be considered legal services for

purposes of this Rule:

i. Representation of qualified litigants, as defined, in the

trial courts in civil and criminal cases and quasi-judicial

bodies in administrative cases, including proceedings for

mediation,

voluntary

or

compulsory

arbitration,

and

alternative dispute resolution;

ii. Legal counseling, rendering assistance in contract

negotiations and drafting of related legal documents,

including

memoranda

of

law

and

other

similar

documents that are provided to the client. Drafting may

include

policy

work

involving

legal

research

and

advocacy;

iii. Developmental Legal Assistance, consisting of rights

awareness,

capacity-building,

and

training

in

basic

human

rights,

documentation,

and

affidavit-making,

rendered

in

public

interest

cases,

including

legal

assistance rendered by identified Public Interest Law

Groups;

iv. Legal services provided as part of employment in the

judiciary, executive, or legislative branches of government

© Compiled By RGL

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