IBP Canon Lawyers
IBP Canon Lawyers
IBP Canon Lawyers
RULE VII
CONTEMPT
otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of
another lawyer; however, it is the right of any lawyer,
without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or
neglectful counsel.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task which
by law may only be performed by a member of the Bar
in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not
licensed to practice law, except:
a) Where there is a pre-existing agreement with a
partner or associate that, upon the latters death,
money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement;
or
b) Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the plan is
based in whole or in part, on a profitable sharing
arrangement.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor
consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any
artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or
misrepresent the contents of paper, the language or
the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved.
Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat the
ends of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD INSIST
ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly
attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST
IN THE SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless
he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce and
the order of its preferences. He should also be ready
with the original documents for comparison with the
copies.
Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case,
impede the execution of a judgement or misuse Court
processes.
Rule 12.05 - A lawyer shall refrain from talking to his
witness during a break or recess in the trial, while the
witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
another.
Rule 12.07 - A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of
his client, except:
a) on formal matters, such as the mailing,
authentication or custody of an instrument, and the
like, or
b) on substantial matters, in cases where his
testimony is essential to the ends of justice, in which
event he must, during his testimony, entrust the trial
of the case to another counsel.
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ARTICLE XII
(Section 78) EFFECTIVITY
SEC. 78. Effectivity. These By-Laws shall take effect
on November 1, 1974.
RULE 139-B
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SEC. 15. Suspension of attorney by Supreme Court. After receipt of respondents answer or lapse of the
period therefor, the Supreme Court, motu proprio, or at
the instance of the IBP Board of Governors upon the
recommendation of the Investigators, may suspend an
attorney from the practice of his profession for any of
the cause specified in Rule 138, Section 27, during the
pendency of the investigation until such suspension is
lifted by the Supreme Court.
SEC. 16. Suspension of attorney by the Court of
Appeals or a Regional Trial Court.1 - The Court of
Appeals or Regional Trial Court may suspend an
attorney from practice for any of the causes named in
Rule 138, Section 27,2 until further action of the
Supreme Court in the case.
SEC. 17. Upon suspension by Court of Appeals or
Regional Trial Court, further proceedings in Supreme
Court. - Upon such suspension, the Court of Appeals or
a Regional Trial Court shall forthwith transmit to the
Supreme Court a certified copy of the order of
suspension and a full statement of the facts upon
which the same was based. Upon receipt of such
certified copy and statement, the Supreme Court shall
make a full investigation of the case and may revoke,
shorten or extend the suspension, or disbar the
attorney as the facts may warrant.
SEC. 18. Confidentiality. - Proceedings against
attorneys shall be private and confidential. However,
the final order of the Supreme Court shall be published
like its decisions in other cases.
SEC. 19. Expenses. - All reasonable and necessary
expenses incurred in relation to disciplinary and
disbarment proceedings are lawful charges for which
the parties may be taxed as costs.
SEC. 20. Effectivity and Transitory Provision. - This Rule
shall take effect on June 1, 1988 and shall supersede
the present Rule 139 entitled DISBARMENT OR
SUSPENSION OF ATTORNEYS. All cases pending
investigation by the Office of the Solicitor General shall
be transferred to the Integrated Bar of the Philippines
Board of Governors for investigation and disposition as
provided in this Rule except those cases where the
investigation has been substantially completed.
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ARTICLE III
(Section 7)
COORDINATION AND COOPERATION
SEC. 7. Coordination and Cooperation. Maximum
levels of coordination and cooperation shall be
maintained at all times among all Chapter Legal Aid
Offices, as well as with other organizations having
similar objectives or performing analogous or allied
functions - such as, inter alia, the Department of Social
Welfare (DSW), the Citizens Legal Assistance Office
(CLAO), the Department of Agrarian Reforms (DAR), the
Women Lawyers Association of the Philippines (WLAP),
and the U.P. Women Lawyers Circle (WILOCI) and
particularly with courts of justice, provincial fiscals, city
fiscal and/or city attorneys, and other offices
discharging similar duties.
ARTICLE IV
(Section 8)
NATIONAL COMMITTEE ON LEGAL AID
SEC. 8. Functions. The National Committee on Legal
Aid shall promote the establishment and efficient
maintenance of Chapter Legal Aid Offices suited to
provide free legal services to those unable to pay for
such services; direct and supervise all Chapter Legal
Aid Offices; maintain maximum levels of coordination
and cooperation with other organizations having
similar objectives; receive and solicit aid and
assistance from any available and suitable source or
sources, provided that the independent character of
the Legal Aid is not impaired; and in general, but
subject to the authority of the Board of Governors, do
or cause to be done all things necessary and proper for
the promotion of Legal Aid activities, projects and
objectives.
ARTICLE V
(Sections 9 and 10)
CHAPTER LEGAL AID COMMITTEES
SEC. 9. Chapter Legal Aid Committees. The Legal Aid
Office of each Chapter shall be administered by a Legal
Aid Committee under the direction and control of the
Chapter Board of Officers.
SEC. 10. Composition, appointment and term. Said
Committee shall have, at least, a Chairman and two (2)
other Members , who shall be appointed by the
President of the Chapter, with the consent of a majority
of the members of he Board of Officers, upon the
election and assumption of office of the Chapter
Officers, and shall serve for a term of one (1) year and
until the appointment and qualification of their
successors.
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ARTICLE VI
(Sections 11 and 12)
POWERS AND DUTIES OF CHAPTER LEGAL AID
COMMITTEES
SEC. 11. Main powers and duties. Every Chapter
Legal Aid Committee shall:
(a) Appoint an Executive Director of Legal Aid
whenever necessary or expedient by reason of the
volume of work to be performed or for some other
cause, with such compensation as may be fixed by the
Chapter Board of Officers; provided, however, that
where no such necessity exists or said appointment is
not demanded by considerations of expediency, or in
the event of absence, illness or incapacity of the
Executive Director or of vacancy in said office, its
function shall be discharged, without compensation, by
the Chairman of the Chapter Legal Aid Committee or
the Committee Member designated there for by said
Chairman;
(b) Appoint additional Legal Aid personnel with such
compensation as may be fixed by the chapter Board of
Officers, whenever the needs for such additional
personnel arises and the funds available to the Chapter
Legal Aid Committee permit it, provided, however, that
the Chapter Legal Aid Committee shall make use, to
the fullest possible extent, of the services of the
headquarters staff and such office space, equipment
and supplies of the Chapter as may be available, or of
such office space and other facilities, if any, as may be
made available to the Committee by a local court or a
branch of any other court or a branch or office of the
Department of Social Welfare, the Red Cross, the
Citizens Legal Assistance Office, the Election Registrar,
or any other similar organization or by a law school or
educational institution;
(c) Authorize law students to work in the Chapter Legal
Aid Office, with the previous approval of the Board of
Officers and under such conditions as it may prescribe;
(d) Adopt its own budget, with the approval of the
Chapter Board of Officers;
(e) Solicit and receive aid and assistance from any
legitimate source or sources, provided that the
independent character of the Legal Aid Office is not
impaired; that, in the case of conditional donations, the
conditions are approved by the Board of Officers; and
that such aid and assistance are duly receipted for by
the Executive Director or the person designated by him
there for, with the approval of said Board of Officers;
(f) Establish and administer a Chapter Legal Aid Fund;
(g) Make appropriations and disbursements;
(h) Keep proper books of account and submit, properly
audited, annual financial statements, to the Chapter
Board of Officers and the President of the Integrated
Bar of the Philippines;
(i) Classify the Chapter members, preferably after
consulting them, on the basis of the field of law in
which they have specialized or they are more inclined
to render free legal aid;
(j) Prepare a list of Chapter members who volunteer to
work in the Chapter Legal Aid Office or to render free
legal aid;
(k) With the approval of the Board of Officers, assign or
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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.
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 courtannexed 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
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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 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 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.
(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.
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IBP MARCH
Words and Music:
Justice Magdangal M. De Leon
I
Lawyer's Oath
I, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution
and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or
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