Group 2 REPORT credit units.

(b) At least four (4) hours shall be

Mandatory Continuing Legal Education devoted to trial and pretrial skills equivalent
to four (4) credit units.
[B.M. 850. October 2, 2001]
(c) At least five (5) hours shall be
devoted to alternative dispute resolution
As to Source equivalent to five (5) credit units.

Rule 139-A, Section 2 of the REVISED RULES (d) At least nine (9) hours shall be
OF COURT provides: “The fundamental purposes of the devoted to updates on substantive and
Integrated Bar shall be to elevate the standards of the procedural laws, and jurisprudence
legal profession, improve the administration of justice, equivalent to nine (9) credit units.
and enable the bar to discharge its public responsibility (e) At least four (4) hours shall be
more effectively.” devoted to legal writing and oral advocacy
CODE OF PROFESSIONAL RESPONSIBILTY equivalent to four (4) credit units.

Canon 5 – A lawyer shall keep abreast of legal (f) At least two (2) hours shall be devoted to
developments, participate in continuing legal education international law and international
programs, support efforts to achieve high standards in conventions equivalent to two (2) credit
law schools as well as in the practical training of law units.
students and assist in disseminating the law and (g) The remaining six (6) hours shall be
jurisprudence. devoted to such subjects as may be
prescribed by the MCLE Committee
equivalent to six (6) credit units.
[B.M. 850. October 2, 2001]
MANDATORY CONTINUING LEGAL EDUCATION
Rule 3. COMPLIANCE PERIOD
RESOLUTION
SECTION 1. Initial compliance period. -- The initial
ADOPTING THE REVISED RULES ON THE compliance period shall begin not later than three (3)
CONTINUING LEGAL EDUCATION months from the adoption of these Rules. Except for the
initial compliance period for members admitted or
FOR MEMBERS OF THE INTEGRATED BAR OF THE readmitted after the establishment of the program, all
PHILIPPINES compliance periods shall be for thirty-six (36) months
and shall begin the day after the end of the previous
compliance period.
Considering the Rules on the Mandatory Continuing
Legal Education (MCLE) for members of the Integrated SEC. 2. Compliance Groups. -- Members of the IBP
Bar of the Philippines (IBP), recommended by the IBP, not exempt from the MCLE requirement shall be divided
endorsed by the Philippine Judicial Academy, and into three (3) compliance groups, namely:
reviewed and passed upon by the Supreme Court (a) Compliance group 1. -- Members in
Committee on Legal Education, the Court hereby the National Capital Region (NCR) or Metro
resolves to approve, as it hereby approves, the following Manila are assigned to Compliance Group
Revised Rules for proper implementation: 1.
(b) Compliance group 2. -- Members in
Rule 1. PURPOSE Luzon outside NCR are assigned to
Compliance Group 2.
SECTION 1. Purpose of the MCLE. - Continuing
legal education is required of members of the Integrated (c) Compliance group 3. -- Members in
Bar of the Philippines (IBP) to ensure that throughout Visayas and Mindanao are assigned to
their career, they keep abreast with law and Compliance Group 3.
jurisprudence, maintain the ethics of the profession and Nevertheless, members may participate in any legal
enhance the standards of the practice of law. education activity wherever it may be available to earn
credit unit toward compliance with the MCLE
requirement.
Rule 2. MANDATORY CONTINUING LEGAL
EDUCATION SEC. 3. Compliance period of members admitted or
readmitted after establishment of the program. -
SECTION 1. Commencement of the MCLE. - Within Members admitted or readmitted to the Bar after the
two (2) months from the approval of these Rules by the establishment of the program shall be assigned to the
Supreme Court En Banc, the MCLE Committee shall be appropriate Compliance Group based on their Chapter
constituted and shall commence the implementation of membership on the date of admission or readmission.
the Mandatory Continuing Legal Education (MCLE)
program in accordance with these Rules. The initial compliance period after admission or
readmission shall begin on the first day of the month of
SEC. 2. Requirements of completion of MCLE. - admission or readmission and shall end on the same
Members of the IBP not exempt under Rule 7 shall day as that of all other members in the same
complete every three (3) years at least thirty-six (36) Compliance Group.
hours of continuing legal education activities approved
by the MCLE Committee. Of the 36 hours: (a) Where four (4) months or less
remain of the initial compliance period after
(a) At least six (6) hours shall be admission or readmission, the member is
devoted to legal ethics equivalent to six (6) not required to comply with the program
 requirement for the initial compliance.
2.5 LEGAL 1 CU PER PUBLISHED
(b) Where more than four (4) months NEWSLETTER/ LAW ISSUE NEWSLETTER/JOURNAL
JOURNAL EDITOR
remain of the initial compliance period after
admission or readmission, the member
shall be required to complete a number of 2.6 PROFESSORIAL FULL CU FOR CERTIFICATION OF LAW
CHAIR/ BAR REVIEW THE SUBJECT DEAN OR BAR REVIEW
hours of approved continuing legal LECTURE LAW PER DIRECTOR
education activities equal to the number of TEACHING/ COMPLIANCE
months remaining in the compliance period PERIOD
in which the member is admitted or
readmitted. Such member shall be required
to complete a number of hours of education
Rule 5. CATEGORIES OF CREDIT UNITS
in legal ethics in proportion to the number
of months remaining in the compliance SECTION 1. Classes of Credit units. -- Credit units
period. Fractions of hours shall be rounded are either participatory or non-participatory.
up to the next whole number.
SEC. 2. Claim for participatory credit units. --
Participatory credit units may be claimed for:
Rule 4. COMPUTATION OF CREDIT UNITS (CU) (a) Attending approved education
activities like seminars, conferences,
SECTION 1. Guidelines. - CREDIT UNITS ARE
conventions, symposia, in-house education
EQUIVALENT TO CREDIT HOURS. CREDIT UNITS
programs, workshops, dialogues or round
measure compliance with the MCLE requirement under
table discussion.
the Rules, based on the category of the lawyer’s
participation in the MCLE activity. The following are the (b) Speaking or lecturing, or acting as
guidelines for computing credit units and the supporting assigned panelist, reactor, commentator,
documents required therefor: resource speaker, moderator, coordinator
or facilitator in approved education
activities.
PROGRAMS/ACTIVITY CREDIT UNITS SUPPORTING (c) Teaching in a law school or lecturing
DOCUMENTS
in a bar review class.
1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, SEC. 3. Claim for non-participatory credit units. -
IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, Non-participatory credit units may be claimed per
ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER
RULE 7 AND OTHER RELATED RULES
compliance period for:
(a) Preparing, as an author or co-
1.1 PARTICIPANT/ 1 CU PER CERTIFICATE OF author, written materials published or
ATTENDEE HOUR OF ATTENDANCE WITH accepted for publication, e.g., in the form of
ATTENDANCE NUMBER OF HOURS
an article, chapter, book, or book review
which contribute to the legal education of
1.2 LECTURER FULL CU FOR PHOTOCOPY OF
RESOURCE THE SUBJECT PLAQUE OR SPONSOR’S the author member, which were not
SPEAKER PER CERTIFICATION prepared in the ordinary course of the
COMPLIANCE member’s practice or employment.
PERIOD
(b) Editing a law book, law journal or
1.3 1/2 OF CU CERTIFICATION FROM legal newsletter.
PANELIST/REACTOR FOR THE SPONSORING
COMMENTATOR/ SUBJECT PER ORGANIZATION
MODERATOR/ COMPLIANCE
COORDINATOR/ PERIOD Rule 6. COMPUTATION OF CREDIT HOURS (CH)
FACILITATOR
SECTION 1. Computation of credit hours. -- Credit
2. AUTHORSHIP, EDITING AND REVIEW
hours are computed based on actual time spent in an
education activity in hours to the nearest one-quarter
hour reported in decimals.
2.1 LAW BOOK OF NOT FULL CU FOR PUBLISHED BOOK
LESS THAN 100 PAGES THE SUBJECT
PER
COMPLIANCE
PERIOD
Rule 7. EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. --
2.2 BOOK EDITOR 1/2 OF THE CU PUBLISHED BOOK WITH The following members of the Bar are exempt from the
OF PROOF AS EDITOR MCLE requirement:
AUTHORSHIP
CATEGORY (a) The President and the Vice
President of the Philippines, and the
2.3 RESEARCH PAPER 1/2 OF CU DULY CERTIFIED/ Secretaries and Undersecretaries of
INNOVATIVE FOR THE PUBLISHED TECHNICAL
PROGRAM/ CREATIVE SUBJECT PER REPORT/PAPER Executive Departments;
PROJECT COMPLIANCE
PERIOD (b) Senators and Members of the
House of Representatives;
2.4 LEGAL ARTICLE OF 1/2 OF CU PUBLISHED ARTICLE (c) The Chief Justice and Associate
AT LEAST TEN (10) FOR THE
PAGES SUBJECT PER
Justices of the Supreme Court, incumbent
COMPLIANCE and retired members of the judiciary,
PERIOD incumbent members of the Judicial and Bar
Council and incumbent court lawyers
covered by the Philippine Judicial Academy
 program of continuing judicial education; SEC. 2. Standards for all education activities. - All
continuing legal education activities must meet the
(d) The Chief State Counsel, Chief following standards:
State Prosecutor and Assistant Secretaries
of the Department of Justice; (a) The activity shall have significant
current intellectual or practical content.
(e) The Solicitor General and the
Assistant Solicitors General; (b) The activity shall constitute an
organized program of learning related to
(f) The Government Corporate Counsel, legal subjects and the legal profession,
Deputy and Assistant Government including cross profession activities (e.g.,
Corporate Counsel; accounting-tax or medical-legal) that
(g) The Chairmen and Members of the enhance legal skills or the ability to practice
Constitutional Commissions; law, as well as subjects in legal writing and
oral advocacy.
(h) The Ombudsman, the Overall
Deputy Ombudsman, the Deputy (c) The activity shall be conducted by a
Ombudsman and the Special Prosecutor of provider with adequate professional
the Office of the Ombudsman; experience.

(i) Heads of government agencies exercising (d) Where the activity is more than one
quasi-judicial functions; (1) hour in length, substantive written
materials must be distributed to all
(j) Incumbent deans, bar reviewers and participants. Such materials must be
professors of law who have teaching distributed at or before the time the activity
experience for at least ten (10) years in is offered.
accredited law schools;
(e) In-house education activities must
(k) The Chancellor, Vice-Chancellor and be scheduled at a time and location so as
members of the Corps of Professors and to be free from interruption like telephone
Professorial Lecturers of the Philippine calls and other distractions.
Judicial Academy; and
(l) Governors and Mayors.
Rule 9. ACCREDITATION OF PROVIDERS
SEC. 2. Other parties exempted from the MCLE. -
The following Members of the Bar are likewise exempt: SECTION 1. Accreditation of providers. --
Accreditation of providers shall be done by the MCLE
(a) Those who are not in law practice, Committee.
private or public.
SEC. 2. Requirements for accreditation of
(b) Those who have retired from law providers. - Any person or group may be accredited as a
practice with the approval of the IBP Board provider for a term of two (2) years, which may be
of Governors. renewed, upon written application. All providers of
continuing legal education activities, including in-house
SEC. 3. Good cause for exemption from or
providers, are eligible to be accredited providers.
modification of requirement -A member may file a
Application for accreditation shall:
verified request setting forth good cause for exemption
(such as physical disability, illness, post graduate study (a) Be submitted on a form provided by
abroad, proven expertise in law, etc.) from compliance the MCLE Committee;
with or modification of any of the requirements, including
an extension of time for compliance, in accordance with (b) Contain all information requested in
a procedure to be established by the MCLE Committee. the form;

SEC. 4. Change of status. - The compliance period (c) Be accompanied by the appropriate
shall begin on the first day of the month in which a approval fee.
member ceases to be exempt under Sections 1, 2, or 3 SEC. 3. Requirements of all providers. -- All
of this Rule and shall end on the same day as that of all approved accredited providers shall agree to the
other members in the same Compliance Group. following:
SEC. 5. Proof of exemption. - Applications for (a) An official record verifying the
exemption from or modification of the MCLE requirement attendance at the activity shall be
shall be under oath and supported by documents. maintained by the provider for at least four
(4) years after the completion date. The
provider shall include the member on the
Rule 8. STANDARDS FOR APPROVAL OF official record of attendance only if the
member’s signature was obtained at the
time of attendance at the activity. The
EDUCATION ACTIVITIES official record of attendance shall contain
the member’s name and number in the Roll
SECTION 1. Approval of MCLE program. - Subject of Attorneys and shall identify the time,
to the implementing regulations that may be adopted by date, location, subject matter, and length of
the MCLE Committee, continuing legal education the education activity. A copy of such record
program may be granted approval in either of two (2) shall be furnished the MCLE COMMITTEE.
ways: (1) the provider of the activity is an accredited
provider and certifies that the activity meets the criteria (b) The provider shall certify that:
of Section 2 of this Rule; and (2) the provider is
(1) This activity has been approved BY THE MCLE
specifically mandated by law to provide continuing legal
COMMITTEE in the amount of ________ hours of which
education.
______ hours will apply in (legal ethics, etc.), as
appropriate to the content of the activity; participatory activity. A record of non-participatory activity
shall also be maintained by the member, as referred to in
(2) The activity conforms to the standards for Section 3 of Rule 5.
approved education activities prescribed by these Rules
and such regulations as may be prescribed by the MCLE
COMMITTEE.
Rule 12. NON-COMPLIANCE PROCEDURES
(c) The provider shall issue a record or
certificate to all participants identifying the time, SECTION 1. What constitutes non-compliance. -
date, location, subject matter and length of the The following shall constitute non-compliance:
activity. (a) Failure to complete the education
(d) The provider shall allow in-person requirement within the compliance period;
observation of all approved continuing legal (b) Failure to provide attestation of
education activity by THE MCLE COMMITTEE, compliance or exemption;
members of the IBP Board of Governors, or
designees of the Committee and IBP staff Board (c) Failure to provide satisfactory
for purposes of monitoring compliance with evidence of compliance (including evidence
these Rules. of exempt status) within the prescribed
period;
(e) The provider shall indicate in promotional
materials, the nature of the activity, the time (d) Failure to satisfy the education
devoted to each topic and identity of the requirement and furnish evidence of such
instructors. The provider shall make available to compliance within sixty (60) days from
each participant a copy of THE MCLE receipt of non-compliance notice;
COMMITTEE-approved Education Activity
(e) Failure to pay non-compliance fee
Evaluation Form.
within the prescribed period;
(f) The provider shall maintain the completed
(f) Any other act or omission analogous to any
Education Activity Evaluation Forms for a period
of the foregoing or intended to circumvent
of not less than one (1) year after the activity,
or evade compliance with the MCLE
copy furnished the MCLE COMMITTEE.
requirements.
(g) Any person or group who conducts an
SEC. 2. Non-compliance notice and 60-day period
unauthorized activity under this program or
to attain compliance. -Members failing to comply will
issues a spurious certificate in violation of these
receive a Non-Compliance Notice stating the specific
Rules shall be subject to appropriate sanctions.
deficiency and will be given sixty (60) days from the date
SEC. 4. Renewal of provider accreditation. - The of notification to file a response clarifying the deficiency
accreditation of a provider may be renewed every two or otherwise showing compliance with the requirements.
(2) years. It may be denied if the provider fails to comply Such notice shall contain the following language near
with any of the requirements of these Rules or fails to the beginning of the notice in capital letters:
provide satisfactory education activities for the preceding
IF YOU FAIL TO PROVIDE ADEQUATE PROOF
period.
OF COMPLIANCE WITH THE MCLE
SEC. 5. Revocation of provider accreditation. -- the REQUIREMENT BY (INSERT DATE 60 DAYS
accreditation of any provider referred to in Rule 9 may FROM DATE OF NOTICE), YOU SHALL BE
be revoked by a majority vote of the MCLE Committee, LISTED AS A DELINQUENT MEMBER AND
after notice and hearing and for good cause. SHALL NOT BE PERMITTED TO PRACTICE LAW
UNTIL SUCH TIME AS ADEQUATE PROOF OF
COMPLIANCE IS RECEIVED BY THE MCLE
Rule 10. FEE FOR APPROVAL OF ACTIVITY AND COMMITTEE.
ACCREDITATION OF PROVIDER Members given sixty (60) days to respond to a Non-
SECTION 1. Payment of fees. - Application for Compliance Notice may use this period to attain the
approval of an education activity or accreditation as a adequate number of credit units for compliance.
provider requires payment of the appropriate fee as Credit units earned during this period may only be
provided in the Schedule of MCLE Fees. counted toward compliance with the prior
compliance period requirement unless units in
excess of the requirement are earned, in which
case the excess may be counted toward meeting
Rule 11. GENERAL COMPLIANCE PROCEDURES the current compliance period requirement.
SECTION 1. Compliance card. -- Each member
shall secure from the MCLE Committee a Compliance
Card before the end of his compliance period. He shall Rule 13. CONSEQUENCES OF NON-COMPLIANCE
complete the card by attesting under oath that he has
complied with the education requirement or that he is SECTION 1. Non-compliance fee. -- A member
exempt, specifying the nature of the exemption. Such who, for whatever reason, is in non-compliance at the
Compliance Card must be returned to the Committee not end of the compliance period shall pay a non-
later than the day after the end of the member's compliance fee.
compliance period. SEC. 2. Listing as delinquent member. -- A member
SEC. 2. Member record keeping requirement. who fails to comply with the requirements after the sixty
-- Each member shall maintain sufficient record of (60) day period for compliance has expired, shall be
compliance or exemption, copy furnished the MCLE listed as a delinquent member of the IBP upon the
Committee. The record required to be provided to the recommendation of the MCLE Committee. The
members by the provider pursuant to Section 3(c) of investigation of a member for non-compliance shall be
Rule 9 should be a sufficient record of attendance at a conducted by the IBP’s Commission on Bar Discipline as
a fact-finding arm of the MCLE Committee.
 SEC. 3. Accrual of membership fee. -- Membership
fees shall continue to accrue at the active rate against a
member during the period he/she is listed as a CASES:
delinquent member. FELISA P. DE ROY and VIRGILIO
RAMOS, petitioners, vs. COURT OF APPEALS
and LUIS BERNAL, SR., GLENIA BERNAL,
Rule 14. REINSTATEMENT LUIS BERNAL, JR., HEIRS OFMARISSA
BERNAL, namely, GLICERIA DELA CRUZ
SECTION 1. Process. -- The involuntary listing as a BERNAL and LUIS BERNAL,
delinquent member shall be terminated when the SR., respondents.
member provides proof of compliance with the MCLE
requirement, including payment of non-compliance fee. A [G.R. No. 80718. January 29, 1988.]
member may attain the necessary credit units to meet
the requirement for the period of non-compliance during
the period the member is on inactive status. These credit Facts: The firewall of a burned out building owned by
units may not be counted toward meeting the current petitioners collapsed and destroyed the tailoring shop
compliance period requirement. Credit units earned occupied by the family of private respondents, resulting
during the period of non-compliance in excess of the in injuries to private respondents and the
number needed to satisfy the prior compliance period death of Marissa Bernal, a daughter. Private
requirement may be counted toward meeting the current respondents had been warned by petitioners to vacate
compliance period requirement. their shop in view of its proximity to the weakened wall
SEC. 2. Termination of delinquent listing is an but the former failed to do so.
administrative process. - The termination of listing as a RTC- petitioners guilty of gross negligence and awarding
delinquent member is administrative in nature AND it damages to private respondents.
shall be made by the MCLE Committee.
CA- affirmed in toto
On September 9, 1987, the last day of the fifteen-day
Rule. 15. COMMITTEE ON MANDATORY period to file an appeal, petitioners filed a motion for
CONTINUING extension of time to file a motion for reconsideration,
which was eventually denied by the appellate court.

LEGAL EDUCATION A Motion for reconsideration was filed but the same was
likewise denied.
SECTION 1. Composition. - The MCLE Committee
shall be composed of five (5) members, namely, a retired Issue: Was the denial proper?
Justice of the Supreme Court as Chair, and four (4) Ruling: YES.
members respectively nominated by the IBP, the
Philippine Judicial Academy, a law center designated by The rule laid down in Habaluyas Enterprises, Inc. v.
the Supreme Court and associations of law schools Japzon,[G.R. No. 70895, August 5, 1985, 138 SCRA 46],
and/or law professors. that the fifteen-day period for appealing or for filing a
motion for reconsideration cannot be extended was
The members of the Committee shall be of proven correctly applied.
probity and integrity. They shall be appointed by the
Supreme Court for a term of three (3) years and shall The petitioners' motion for extension of time was filed on
receive such compensation as may be determined by September 9, 1987, more than a year after the
the Court. expiration of the grace period on June 30, 1986. Hence,
it is no longer within the coverage of the grace period.
SEC. 2. Duty of committee. - The MCLE Committee Considering the length of time from the expiration of the
shall administer and adopt such implementing rules as grace period, petitioners cannot seek refuge in the
may be necessary subject to the approval of the ignorance of their counsel regarding said rule for their
Supreme Court. It shall, in consultation with the IBP failure to file a motion for reconsideration within the
Board of Governors, prescribe a schedule of MCLE fees reglementary period.
with the approval of the Supreme Court.
In this case, it was petitioner’s argument that the rule
SEC. 3. Staff of the MCLE Committee. - Subject to enunciated in the Habaluyas case should not be made to
approval by the Supreme Court, the MCLE Committee apply to the case at bar owing to the non-
shall employ such staff as may be necessary to perform publication of the Habaluyas decision in the Official
the record-keeping, auditing, reporting, approval and Gazette as of the time the subject
other necessary functions. decision of the Court of Appeals was promulgated.
SEC. 4. Submission of annual budget. - The MCLE Contrary to petitioners' view, there is no law requiring the
Committee shall submit to the Supreme Court for publication of Supreme Court decisions in the Official
approval, an annual budget [for a subsidy] to establish, Gazette before they can be binding and as a condition to
operate and maintain the MCLE Program. their becoming effective. It is the bounden duty of
counsel as lawyer in active law practice to keep
This resolution shall take effect on the fifteenth of abreast of decisions of the
September 2000, following its publication in two (2) Supreme Court particularly where issues have been
newspapers of general circulation in the Philippines. clarified, consistently reiterated, and published in
the advance reports of Supreme Court decisions
Adopted this 22nd day of August, 2000, as (G.R.s) and in such publications as the
amended on 02 October 2001. Supreme Court Reports Annotated (SCRA) and law
journals.
 jurisprudence affecting their jurisdiction (Vasquez v.
Malvar, 85 SCRA 10).
[A.C. No. R-227-RTJ. October 13, 1986.]
In the case of Ajeno v. Inserto (71 SCRA 166, 172), this
GREGORIO Court held that: ". . . Even in the remaining years of
R. ABAD, complainant, vs. ILDEFONSO BLEZ his stay in the judiciary, he should keep abreast with
A, respondent. the changes in the law and with the latest decisions
[A.C. No. R-561-RTJ. October 13, 1986.] and precedents. Although a judge is nearing
retirement, he should not relax in his study of the
CRISANTO P. CRUZ, complainant, vs. HON. law and court decisions. Service in the judiciary
JUDGE ILDEFONSO M. BLEZA, RTC of means a continuous study and research on the law
Bacoor, Cavite, respondent. from beginning to end. . . ."
[A.C. No. 5249-RTJ. October 13, 1986.]
RE: Application for Disability Retirement of
Judge ILDEFONSO M. BLEZA.
Facts: Two administrative cases were filed against RULE ON
Judge Ildefonso Bleza for rendering a decision with COMMUNITY LEGAL AID SERVICE
malice, ignorance of the law, grave abuse of discretion, A.M. No. 17-03-09-SC
and misconduct as a judge.
Said case stemmed from criminal cases filed by Abad Rationale
against Ponce and Sabater, respectively. Ponce was
acquitted of the charge for attempted homicide while The legal profession is imbued with public interest.
Sabater was found guilty for frustrated homicide. In the As such, lawyers are charged with the duty to
case against Sabater, Judge Bleza appreciated in his give meaning to the guarantee of access to
favour the mitigating circumstance of voluntary adequate legal assistance under Article III, Section
surrender, incomplete self-defense and without intention 11 of the 1987 Constitution by making their legal
to kill the victim. services available to the public in an efficient and
convenient manner compatible with the independence,
The case was referred to Associate Justice Santiago integrity and effectiveness of the profession. As a
Kapunan of the then Intermediate Appellate Court. He way to discharge this constitutional duty, lawyers
recommended that Judge Bleza be reprimanded for his are obliged to render pro bono services to those
error in appreciating the mitigating circumstance of lack who otherwise would be denied access to adequate
of intention to kill the victim. He stated that: legal services. (Section 2)
The kind of weapon used by Sabater
which was a .38 revolver and the Scope
location of the wound of Abad would
undoubtedly give the presumption that This Rule shall govern the mandatory
Sabater had the intent to kill and requirement for covered lawyers to render pro bono
which inevitably led respondent to legal aid services to qualified litigants, as defined
convict him of the crime of frustrated herein. (Section 3)
homicide.
Definition of Terms
xxx
Therefore, the fact alone that For purposes of this Rule, the following terms
respondent found Sabater guilty of the shall be understood to be how they are defined
crime of frustrated homicide would under this Section:
prove that he had no doubt in his mind
that Sabater had the intent to (a) "Covered lawyers" shall refer to those
kill Abad. Respondent's appreciation who have successfully passed the
as mitigating circumstance of lack of Annual Bar Examinations and have
intent to kill in favor of Sabater is signed the Roll of Attorneys for that
palpably out of place. Presumably, particular year; for purposes of this Rule,
what respondent had in mind was to it shall include those who will pass the
consider the mitigating circumstance 2017 Bar Examination and are admitted
of lack of intention to commit so grave to the Bar in 2018.
a wrong as that committed under Art.
13 of the Revised Penal Code, which
is different from lack of intention to kill. (b) "Pro Bono Legal Aid Service" shall
refer to supervised post admission
Ruling: As a matter of public policy, in the absence of legal services in civil,
fraud, dishonesty or corruption, the acts of a judge in his criminal and administrative cases
judicial capacity are not subject to disciplinary action, consisting of legal services provided without
even though such acts are erroneous (Revita v. charge for the following qualified parties or
Rimando, 98 SCRA 619). However, while judges litigants:
should not be disciplined for inefficiency on account
merely of occasional mistakes or errors of i. Indigent Party or Pauper Litigants, as defined;
judgment, yet it is highly imperative that they should
be conversant with basic legal principles (Ubongon v. ii. Other persons of limited means, as defined;
Mayo, 99 SCRA 30) They are called upon to exhibit
more than just a cursory acquaintance with statutes iii. Individuals, groups, or organizations
(Aducayen v. Flores, 51 SCRA 78) and to keep rendered unable to secure free legal
themselves abreast of the latest laws, rulings and assistance by reason of conflict of interest on
the part of government-provided legal
 assistance through the Public Attorney's exceed an amount double the monthly minimum wage of
Office; and an employee and who do not own real property with a
fair market value of more than Php 300,000.00. [Rule
iv. Public interest cases that have societal 141, Section 19 ROC]
impact and involves a group or sector of
society that otherwise would not be (e) "Other Persons of Limited Means" shall
capable of securing legal assistance by refer to those who may not be covered by Sections
reason of inability of other lawyers, law firms, (c) and (d) but would, under the
or government offices, including the Public circumstances, not be financially able to afford
Attorney's Office. the services of counsel. This includes marginalized
groups and entities such as farmers, indigenous
peoples, children in conflict with the law, victims of
gender violence, and other similar causes.
The following shall be considered legal
services for purposes of this Rule: Requirements (Section 5)

1. Representation of qualified litigants, as

defined, in the trial courts in civil and criminal (a) Number of Hours - Covered lawyers, as
cases and quasi-judicial bodies in administrative defined under Section 4(a), are required to render
cases, including proceedings for mediation, one hundred twenty (120) hours of pro bono
voluntary or compulsory arbitration, and legal aid services to qualified parties enumerated in
alternative dispute resolution; Section 4(b), within the first year of the covered
lawyers' admission to the Bar, counted from the time
they signed the Roll of Attorneys. For this purpose,
2. Legal counseling, rendering assistance III
covered lawyers shall report to the chairperson of
contract negotiations and drafting of related
the IBP Chapter Legal Aid Committee of their choice
legal documents, including memoranda of law
or the chairperson, director, or supervising partner or
and other similar documents that are provided
lawyer from the Accredited Legal Aid Service
to the client. Drafting may include policy work
Provider of their choice for their compliance with this
involving legal research and advocacy;
Rule.
3. Developmental Legal Assistance, consisting
of rights awareness, capacity-building, and
(b) Free Legal Aid Services on Weekends - Upon
training in basic human rights, documentation,
written request duly approved by the chairperson
and affidavit-making, rendered in public interest
of the IBP Chapter Legal Aid Committee or the
cases, including legal assistance rendered by
chairperson, director, or supervising partner or lawyer
identified Public Interest Law Groups;
from the Accredited Legal Aid Service Provider,
covered lawyers may comply with the requirements
4. Legal services provided as part of
employment in the judiciary, executive, or of this Rule on weekends. Said lawyers are entitled to
legislative branches of government shall be an extension of the compliance period, upon
considered sufficient compliance with this submission of the weekend schedules by the IBP
Rule, provided that the covered lawyer must committee chairperson or the appropriate officer of
already be in government service at least six the Accredited Legal Aid Service Provider.
months before admission into the Bar;
provided further, that the legal services (c) Exemptions - The following shall be exempted
provided are substantive, as certified by the from the requirements of this Rule upon sufficient
Heads of Office; and proof of their respective circumstances submitted
with the OBC:
5. Legal services provided to marginalized
sectors and identities, such as but not limited 1) Covered lawyers in the executive and
to: (a) urban poor; (b) workers/laborers; (c) legislative branches of government, provided
overseas foreign workers; (d) children in conflict that the covered lawyer must already be in
with the law; and (e) persons involved in gender government service at least six (6) months
Issues. before admission into the Bar; however, those
employed upon admission into the Bar with
(c) "Indigent Party" shall refer to a party in a the judiciary, the Public Attorney's Office, the
case covered by Rule 3, Section 21 of the National Prosecution Service, the Office
Rules of Court. The test for indigency shall of the Solicitor General, the
not be based on a set financial amount but Office of the Government Corporate
rather on the capacity to afford the services of Counsel, and the Office of the Ombudsman
counsel after considering his or her basic shall be automatically exempt from compliance
necessities for himself or herself and his or her with this Rule;
family.
2) Those who have already undergone
Indigent Party – is one who has no money and completed the clinical legal
or property sufficient and available for food, education program duly organized
shelter and basic necessities for himself and and accredited under Rule 138-A (The
his family. [Section 21 Rule 3 ROC] Law Student Practice Rule);

(d) "Indigent Litigants" shall refer to a party in a 3) Covered lawyers who have worked for at
case covered under Rule 141, Section 19 of the Rules least one (1) year in law firms offering
of Court. pro bono legal services or regularly
accepting counsel de oficio appointments;
Indigent Litigants – are those whose gross
income and that of their immediate family do not 4) Covered lawyers who have previously
 worked for more than one (1) year as
staff of a Law School Legal Aid Office, as The timesheets shall be authenticated by
defined, a Public Interest Law Group, or the chairperson of the IBP Chapter Legal Aid
an alternative or developmental law Committee or the chairperson, director, or
group; and supervising partner or lawyer in charge of the
Accredited Legal Aid Service Provider.
5) Covered lawyers who have worked with
lawyers for Public Interest Law Groups
or alternative or developmental law
(g) Certificate of Compliance - Covered lawyers
groups for more than one (1) year
shall, upon completion of the required one hundred
and have filed public interest cases.
twenty (120) hours of free legal aid services, submit
a notarized Certificate of Compliance to the OBC
issued and signed by the chairperson of the IBP
Within thirty (30) days from the date of
Chapter Legal Aid Committee or the chairperson,
signing the Roll of Attorneys, any aforelisted lawyer
director, or supervising partner or lawyer from the
shall submit his/her sworn statement and that of the Accredited Legal Aid Service Provider where they
chairperson, director or supervising partner or are registered.
lawyer of the Accredited Legal Aid Service
Provider showing his/her entitlement to the Period for Compliance
exemption from the rule. Otherwise, the new lawyer
shall not be considered exempt from the Rule. Covered lawyers shall complete the
community legal aid service within twelve (12)
months from the date they sign the Roll of Attorneys.
(d) Supervision of Covered Lawyers - Within one (1) month after the lapse of the said
Representation in civil and criminal cases before period, covered lawyers shall submit the Certificate
courts and in administrative cases before quasi- of Compliance issued by the Accredited Legal Aid
judicial agencies and the rendition of other pro Service Provider to the OBC. (Section 6)
bono legal aid services shall be under the direct
supervision and control of the chairperson of the IBP
Chapter Legal Aid Committee, or the chairperson, The twelve (12) month period may be
director, or supervising partner or lawyer from the extended upon a petition duly submitted and
Accredited Legal Aid Service Provider where the granted by the Bar Confidant, who will furnish the
covered lawyers are registered or affiliated. Office of the Chief Justice with a copy of the
order resolving the petition. The petition for
extension must be filed before the lapse of the
(e) Signing of Pleadings - Any and all pleadings, period for compliance. In the event a new lawyer
motions, briefs, memoranda, or other papers to be has completed the required number of hours
filed in court or any quasi-judicial agency must be before the end of the one (1) year period, he/she
signed by the covered lawyers and co-signed by the can already submit the Certificate of Compliance to
chairperson of the IBP Chapter Legal Aid the OBC.
Committee, or the chairperson, director, or
supervising partner or lawyer from the Accredited
Legal Aid Service Provider. In order to address possible economic
hardships that may be caused by strict compliance
with this Rule, or for any justifiable reason,
The pleadings may be signed solely by the qualified lawyers may request compliance with this
covered lawyers only in the event the chairperson of Rule for two (2) years. Covered lawyers who wish to
the IBP Chapter Legal Aid Committee or the avail of this privilege must file an application with the
chairperson, director, or supervising partner or lawyer OBC, which shall determine the validity of the
from the Accredited Legal Aid Service Provider is deferment on a case-to-case basis.
unavailable but such signature page shall indicate
who the supervising lawyers are.
Continuous Handling or Turnover of Cases

(f) Time Log and Timesheets - The IBP Chapter Representation, once entered, by covered
Legal Aid Committee or the Accredited Legal Aid lawyers in cases before the courts or quasi-
Service Provider shall keep a record of the judicial agencies, shall continue until terminated;
time/hours spent by new lawyers in rendering free provided, that after the twelve-month period, the
legal aid services to qualified parties or litigants. requirement of supervision shall no longer be
For this purpose, the said committee or legal aid mandatory.
service provider shall designate a person
responsible to keep timesheets containing the
number ofhour(s) spent every week by each new Should the covered lawyer, upon
lawyer in rendering free legal aid services for each compliance with the Rule and lapse of the twelve-
assigned case and/or client. Time spent in the office month period, be unable to continue representation
or at the place designated by the IBP Chapter Legal of the party by reason of professional conflict of
Aid Committee or Accredited Legal Aid Service interest arising from his or her employment,
Provider, regardless of whether there are clients he/she may tum over the handling of the cases to
attended to or not, shall also be recorded and the IBP Chapter Legal Aid Committee or the
included in the computation of the hours required Accredited Legal Aid Service Provider indicating
by this Rule. The actual hours spent by the new clearly the reason for the turnover. The turned-
lawyers in court or before any quasi-judicial over cases may then be re-assigned to another
agency with the client shall likewise be recorded and covered lawyer. (Section 7)
counted.
 INTEGRATED BAR OF THE PHILIPPINES
Prohibition against Solicitation or Acceptance of
Gifts General Objectives:
· to elevate the standards of the legal profession,
· to improve the administration of justice; and
Covered lawyers shall not solicit, request, or
· to enable the Bar to discharge its public responsibilities
accept, directly or indirectly, any fee, gift, token of more effectively.
gratitude, or anything of monetary value in the
course of rendering the legal aid services under IBP CHAPTERS:
this Rule. Any and all legal services provided under Northern Luzon Central Luzon
this Rule shall be on a pro bono basis. (Section 8) Southern Luzon Greater Manila
Bicolandia Eastern Visayas
Western Visayas Eastern Mindanao
Protection of private practice or employment Western Mindanao
This rule is not intended to impair the Membership in the IBP Chapter:
private practice or employment of covered lawyers.
Barring any conflict of interest or any other violation GARCIA vs DE VERA
of the Code of Professional Responsibility, covered Petitioners contend that respondent de Vera is
lawyers can engage in private practice and accept disqualified for the post because he is not really from
paid clients or be employed in the government Eastern Mindanao. His place of residence is in
or in the private sector within the twelve-month Paranaque and he was originally a member of the PPLM
period for compliance. (Section 9) IBP Chapter. He only changed his IBP Chapter
membership to pave the way for his ultimate goal of
attaining the highest IBP post, which is the national
Full Credit for Mandatory Continuing Legal
presidency. Petitioners aver that in changing his IBP
Education (MCLE)
membership, respondent De Vera violated the domicile
rule.
A covered lawyer who successfully complies
with the requirements of this Rule shall be given a
full credit of thirty-six (36) MCLE units for the The contention has no merit. Under the last paragraph of
three year-period covered by a compliance period Section 19, Article II, a lawyer included in the Roll of
under the Rules on MCLE. (Section 10) Attorneys of the Supreme Court can register with the
particular IBP Chapter of his preference or choice, thus:
It is clearly stated in the aforequoted section of the By-
The grant of full credit shall be without Laws that it is not automatic that a lawyer will become a
prejudice to any other legislated benefits that the member of the chapter where his place of residence or
covered lawyer may be entitled to, such as tax work is located. He has the discretion to choose the
exemptions and other similar benefits. particular chapter where he wishes to gain membership.
Only when he does not register his preference that he
will become a member of the Chapter of the place where
he resides or maintains office. The only proscription in
Penalties registering one's preference is that a lawyer cannot be a
member of more than one chapter at the same time
(a) A covered lawyer who fails to
comply with the requirements of this Rule shall IBP Membership Dues:
be required to show cause in writing within ten On or before 31st day of December
(10) days from receipt of notice why no - 500 PESOS at the National Office or at the office of
disciplinary action should be taken against his Chapter
him/her. Should the OBC find the new lawyer's Life Membership Plan (P12,000)
explanation insufficient to justify the non- - member in good standing
compliance, it shall recommend to the Supreme - at least 10 years of continuous membership in the
Court that the lawyer be delisted as a "member IBP
in good standing" of the Bar. It may also - attended at least 5 conventions of the IBP
recommend any appropriate disciplinary measures - rendered at least 120 hours of free legal aid service
depending on the reasons for and the gravity of with the IBP
the non-compliance.

SANTOS vs LLAMAS
(b) Without prejudice to criminal
liability, a covered lawyer who falsifies the FACTS: This is a complaint for misrepresentation and
Certificate of Compliance required to be non-payment of bar membership dues filed against
submitted under this Rule shall be respondent Atty. Francisco R. Llamas who for a number
administratively charged by the OBC with of years has not indicated the proper PTR and IBP O.R.
disciplinary action up to and including disbarment Nos. and data (date & place of issuance) in his
before the Supreme Court. pleadings. If at all, he only indicated “IBP Rizal 259060”
but he has been using this for at least 3 years already,
as shown by the following attached sample pleadings in
various courts in 1995, 1996 & 1997. Respondent’s last
payment of his IBP dues was in 1991. Since then he has
not paid or remitted any amount to cover his
membership fees up to the present. He likewise admit
that as appearing in the pleadings submitted by
complainant to this Court, he indicated "IBP-Rizal
259060" in the pleadings he filed in court, at least for the
years 1995, 1996, and 1997, thus misrepresenting that Non-political bar
such was his IBP chapter membership and receipt The Integrated Bar is strictly non-political, and every
number for the years in which those pleadings were activity tending to impair this basic feature is strictly
filed. He claims, however, that he is only engaged in a prohibited and shall be penalized accordingly. No lawyer
"limited" practice and that he believes in good faith that holding an elective, judicial, quasi-judicial, or
he is exempt from the payment of taxes, such as income prosecutor’s office in the Government or any political
tax, under R.A. No. 7432, as a senior citizen since 1992. subdivision or instrumentality thereof shall be eligible for
election or appointment to any position in the Integrated
ISSUES AND RULING: Bar or any Chapter thereof. A Delegate, Governor, officer
or employee of the Integrated Bar, or an officer or
1. What is the effect of non-payment of IBP dues employee of any Chapter thereof shall be considered


ipso facto resigned from his position as of the moment
he files his certificate of candidacy for any elective public
default in the payment of annual dues for 6 office or accepts appointment to any judicial, quasi-
months shall warrant suspension of membership judicial, or prosecutor’s office in the Government or any
in the Integrated bar political subdivision or instrumentality thereof.

 The election of IBP officers is required to be conducted

default in such payment for 1 year shall be a on a non-political basis. Partisan politics may thus
invalidate the elections. Partisan political activities of
ground for the removal of the name of the candidates for IBP positions, such as setting up
delinquent member from the Roll of Attorneys campaign headquarters, island-hopping to solicit votes
of chapter presidents, made a political circus of the
2. Is a senior citizen lawyer exempted from payment proceedings and tainted the whole election process. The
of IBP dues? candidates violated the IBP by-laws and of the ethics of
 The exemption from payment of income tax granted to the legal profession.
senior citizens by RA 7432 does not include payment of
membership or association dues of the IBP Organizational Setup
 Also not entitled to 20% discount
National Officers
3. Effect of misrepresentation to the public that he The Integrated Bar of the Philippines shall have a
has paid IBP dues President and Executive Vice President to be chosen by
 By indicating "IBP-Rizal 259060" in his pleadings and the Board of Governors from among nine (9) regional
thereby misrepresenting to the public and the courts that governors, as much as practicable, on a rotation basis.
he had paid his IBP dues to the Rizal Chapter, The governors shall be ex officio Vice President for their
respondent is guilty of violating the Code of Professional respective regions. There shall also be a Secretary and
Responsibility. Treasurer of the Board of Governors to be appointed by
the President with the consent of the Board. (As
IS IBP MEMBERSHIP FEE A FORM OF TAX? amended pursuant to Bar Matter 491). The deliberative
Letter of Atty. Cecilio Arevalo Jr. body is the House of Delegates.

 A membership fee in the Bar association is an

Composition of the House.
The Integrated Bar shall have a House of Delegates
composed of not more than one hundred and twenty
exaction for regulation, while purpose of a tax is
revenue. members apportioned among all the Chapters. On or
before December 31, 1974, and every two years
IS IBP MEMBERSHIP MANDATORY? thereafter, the Board of Governors shall make a
reappointment of Delegates among all the Chapters as
IN RE: EDILLON nearly as may be according to the number of their
- Membership in the National IBP is mandatory. It is respective members, but each Chapter shall have at
not a violative of a lawyer's freedom to associate. least one Delegate. At the local level are the Chapter
officials.
Retirement; reinstatement.
Any member in good standing who shall have attained Chapters
the age of seventy-five years, or who shall have been A Chapter of the Integrated Bar shall be organized in
forty years as lawyer shall, by reason of physical every province existing on the date of the effectivity of
disability or judicially adjudged mental incapacity, be the Integration Rule. Except as herein below provided,
unable to engage in the practice of Law, may be retired every city shall be considered part of the province within
from the Integrated Bar upon verified petition to the which it was geographically situated prior to its creation
Board of Governors. Retired members shall not practice as a city.
law or be required to pay dues. A retired member may be
reinstated to active membership upon written application National officers
to and approval by the Board.
Duties of officers
Voluntary termination of membership; reinstatement.
A member may terminate his membership by filing a (a) President: The President shall be the chief executive
verified notice to that effect with the Secretary of the of the Integrated Bar, and shall preside at all meetings of
Integrated Bar, who shall immediately bring the matter to the Board of Governors.
the attention of the Supreme Court. Forthwith, he shall
cease to be a member and his name shall be stricken (b) Executive Vice President: The Executive Vice
from the Roll of Attorneys. Reinstatement may be made President shall exercise the powers and perform the
in accordance with rules and regulations prescribed by functions and duties of the President during the absence
the Board of Governors and approved by the Court. or inability of the latter to act, and shall perform such
other functions and duties as are assigned to him by the
President and the Board of Governors
 nonpayment or delinquency in the payment thereof;
(c) Governors: In addition to his duties as a member of k. Prescribe such rules and regulations as may be
the Board of Governors, each elective Governor shall act necessary and proper to carry out the objectives and
as representative of his Region in the Board. He shall purposes of the Integrated Bar; and
promote, coordinate and correlate activities of the l. Perform such other functions as may be necessary
Chapters within his Region. or expedient in the interest of the Integrated Bar.

(d) Secretary: The Secretary shall attend all meetings of  In the discharge of its duties, the Board of Governors is
the Board of Governors, and keep a record of all the assisted by national committees.
proceedings thereof; prepare and maintain a register of  Committee on Chapter Affairs.
all members of the Integrated Bar; notify national officers  Committee on Legal Aid.
as well as members of national committees of their  Committee on Administration of Justice.
election or appointments; cause to be prepared the  Committee on Legal Education and Bar
necessary official ballots for the election of Governors; Admissions.
and perform such other duties as are assigned to him by  Committee on Professional Responsibility,
these By-Laws, by the President and by the Board of Discipline and Disbarment.
Governors.
 Committee on Research Services.
 Committee on Legislation. o Committee on
(e) Treasurer: The Treasurer shall collect, receive,
Public Services.
recorder and disburse ad funds of the Integrated Bar;
 Committee on Inter-Professional and Business
Terms of office Relations.
The President and the Executive Vice President shall  Committee on Books and Publications.
hold office for a term of two years from July 1 following  Committee on Unauthorized Practice of Law
their election until June 30 of their second year in office  Committee on Law Reporting. o Budget
and until their successors shall have been duly chosen committee
and qualified.
House of Delegates
Board of Governors The deliberative body of the IBP is the House of
Delegates.
Nomination and election of the Governors.
At least one (1) month before the national convention the Composition of the House
delegates from each region shall elect the governor for The Integrated Bar shall have a House of Delegates
their region, the choice of which shall as much as composed of not more than one hundred and twenty
possible be rotated among the chapters in the region. members apportioned among all the Chapters. On or
before December 31, 1974, and every two years
The Integrated bar is governed by a Board of Governors thereafter, the Board of Governors shall make a
consisting 9 Governors from the 9 regions. reappointment of Delegates among all the Chapters as
nearly as may be according to the number of their
The President and the Executive Vice President, if respective members, but each Chapter shall have at
chosen by the Governors from outside themselves, shall least one Delegate.
ipso facto become members of the board.
Membership
Term of office. - The Governors shall hold office for a The membership of the House of Delegates shall consist
term of two years from July 1 immediately following their of all the Chapter Presidents and in the case of Chapters
election to June 30 of their second year in office and entitled to more than one Delegate each, the Vice
until their successors shall have been duly chosen and Presidents of the Chapters and such additional
qualified. Delegates as the Chapters are entitled to. Unless the
Vice President is already a Delegate, he shall be an
Functions of the Board. - The Board of Governors shall alternate Delegate. Additional Delegates and alternates
have general charge of the affairs and activities of the shall in proper cases be elected by the Board of Officers
Integrated Bar. It shall have authority, inter alia, to: of the Chapter. Members of the Board of Governors who
a. Fix the date, time and place of every convention of are not Delegates shall be members ex oficio of the
the House of Delegates; House, without the right to vote.
b. Make appropriations and authorize disbursements
from the funds of the Integrated Bar; Special convention.
c. Engage the services of employees, define their Special conventions of the House may be called by the
duties and fix their compensation; Board of Governors motu proprio, or upon written
d. Receive, consider and act on reports and petition therefor filed with the Secretary of the Integrated
recommendations submitted by the House of Delegates Bar signed by not less than thirty Delegates.
or its committees; The President and Executive Vice President of the IBP
e. Provide for the publication of the Journal of the shall be the Chairman and Vice-Chairman, respectively,
Integrated Bar; of the House of Delegates. The Secretary, Treasurer,
f. Administer the Welfare Fund; and Sergeant-at-Arms shall be appointed by the
g. Fill vacancies, however arising in the positions of President with the consent of the House of Delegates.
officers of the Integrated Bar;
h. Subject to the approval of the Supreme Court, Chapter Government
promulgate Canons of Professional Responsibility for all The fundamental objective of the Chapter is to
members of the Integrated Bar; administer the affairs of the IBP within its territorial
i. Promulgate rules and regulations for the jurisdiction under the general direction and supervision
establishment and maintenance of lawyer referral of the Board of Governors.
services throughout the Philippines;
j. Subject to the approval of the Supreme Court, Objectives and purposes.
impose special assessments for specific national  The following are the general objectives of the
purposes, and impose, or recommend sanctions for Integrated bar: o
  to elevate the standards of the legal profession,
 to improve the administration of justice; and
 to enable the Bar to discharge its public
responsibilities more effectively.
Each chapter has its own government.
The chapter government is vested in a Board of Officers
composed of a President, a Vice-President, a Secretary,
a Treasurer, and five Directors who shall be elected at
the biennial meeting and shall hold office for a term of 2
years.

-END-