Rules of Procedure of The Commission On Bar Discipline Integrated Bar of The Philippines

Rules of Procedure of the
Commission on Bar Discipline

Integrated Bar of the Philippines
RULE I
TITLE AND CONSTRUCTION
SECTION 1. Title of the Rules. These Rules shall be
known as the Rules of Procedure of the Commission on
Bar Discipline, Integrated Bar of the Philippines.
SEC. 2. Construction. Subject to the requirements of
due process, these Rules shall be construed with the
objective of assisting any party in obtaining just
resolution of his case through an expeditious and
inexpensive proceeding before the Commission.
SEC. 3. Suppletory Application of Rules of Court. In the
absence of any applicable provision in these Rules or in
Rule 139-B, the pertinent provisions in the Revised
Rules of Court of the Philippines may, in the interest of
expeditious justice and whenever practicable and
convenient, be applied in a suppletory character and
effect.
SEC. 4. Nature of Proceeding. Proceedings before the
Commission shall be confidential in character and
summary in nature.
RULE II
HOW INSTITUTED
SECTION 1. How Instituted. Complaint for disbarment,
suspension or discipline of attorneys may be instituted
before the Commission on Bar Discipline by filing six
(6) copies of a verified complaint. Complaint may be
likewise filed before the Supreme Court.
RULE III
PLEADINGS, NOTICES AND APPEARANCES
SECTION 1. Pleadings. The only pleadings allowed are
verified complaint, verified answer and verified position
papers and motion for reconsideration of a resolution.
SEC. 2. Prohibited Pleadings. The following pleadings
shall not be allowed, to wit:
a. Motion to dismiss the complaint or petition
b. Motion for a bill of particulars
c. Motion for new trial
d. Petition for relief from judgment
e. Supplemental pleadings
SEC. 3. Issuance of Summons. Within two (2) days from

receipt of the verified complaint, the ommission shall
issue the required summons, attaching thereto a copy
of the complaint and supporting documents, if any. The
summons shall indicate that the respondent has fifteen
(15) days from receipt within which to file six (6)
verified copies of his answer.
RULE IV
VENUE AND ASSIGNMENT OF CASES
SECTION 1. Venue a) All cases filed before or referred
to the Integrated Bar of the Philippines shall be heard
by the Commission on Bar Discipline in its principal
office at the IBP Bldg., Julia Vargas St., Ortigas Center,
Pasig City.
SEC. 2. Raffle of Cases. All cases shall be assigned to
an Investigating Commissioner by raffle.
SEC. 3. Consolidation of Cases. Where there are two or
more cases pending before the Commission involving
the same parties, the same shall motu propio be
consolidated with the first case filed to avoid
unnecessary costs or delay.
SEC. 4. Referral to Chapter President. Upon agreement
of parties or upon motion based on meritorious ground,
the Investigating Commissioner, upon endorsement of
the Board of Governors, may refer to the Chapter
President concerned reception of evidence from the
complainant or respondent or their respective
witnesses. Such evidence shall then be forwarded by
the Chapter President to the Investigating
Commissioner for evaluation and consideration in the
preparation of his report and recommendation.
RULE V
PROCEEDINGS BEFORE COMMISSION ON BAR
DISCIPLINE
SECTION 1. Mandatory Conference. Immediately upon
receipt of the verified answer, the Investigating
Commissioner shall set a mandatory conference where,
the following matters shall be taken:
1. Admissions
2. Stipulation of facts
3. Definition of issues
SEC. 2. Submission of Position Papers. After the
mandatory conference, the Investigating Commissioner
shall direct both parties to submit simultaneously their
verified position papers with supporting documents
and affidavits within an inextendible period of ten (10)
1 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A
days from notice of termination of the mandatory

conference.
RULE VII
CONTEMPT
SEC. 3. Determination of Necessity of Clarificatory

Questioning. Immediately after the submission by the
parties of their position papers, the Investigating
Commissioner shall determine whether there is a need
to conduct clarificatory questioning. If necessary, a
hearing date shall be set wherein the Investigating
Commissioner shall ask clarificatory questions to the
parties or their witnesses to further elicit facts or
informations.
SECTION 1. Contempt. The Investigating Commissioner

has the authority to adjudge any party or witness in
direct or indirect contempt for misbehavior or
obstruction of proceedings including disrespect
towards the Investigating Commisioner or disobedience
to his lawful order or writ. Any person adjudged guilty
of contempt may be fined not exceeding One Thousand
Pesos (P1,000.00).
SEC. 4. Minutes of Proceedings. The proceedings before

the Commission shall be recorded.
SEC. 5. Non-appearance of Parties, and Non-verification
of Pleadings. a) Non-appearance at the mandatory
conference or at the clarificatory questioning date shall
be deemed a waiver of right to participate in the
proceeding. Ex parte conference or hearings shall then
be conducted. Pleadings submitted or filed which are
not verified shall not be given weight by the
Investigating Commissioner.
SEC. 6. Issuance of an Order Submitting the Case for
Decision. After the parties have submitted their
position papers or after the clarificatory questioning
date, the Investigating Commissioner shall issue an
order expressly declaring the submission of the case
for resolution.
SEC. 7. Period to Resolve Case. The Investigating
Commissioner shall submit his report and
recommendation to the Board of Governors within
thirty (30) calendar days from the date the order
declaring the submission of the case for resolution was
issued.
RULE VI
OATH, SUBPOENA AND SERVICE OF PAPERS
SECTION 1. Oaths. A Commissioner has the authority to
administer oaths on the conduct of the proceedings
before him/her.
SEC. 2. Subpoena. The Investigating Commissioner
may compel attendance of witnesses and production of
pertinent documents or papers by subpoena.
SEC. 3. Service of Papers. Service of papers or notices
required by these rules shall be made upon the parties
or Commission, personally, by registered mail with
return card or through e-mail if applicable.
Rule 1.03 - A lawyer shall not, for any corrupt motive

or interest, encourage any suit or proceeding or delay
any mans cause.
Rule 1.04 - A lawyer shall encourage his clients to
avoid, end or settle a controversy if it will admit of a
fair settlement.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL
SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
oppressed.
Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent
necessary to safeguard the latters rights.
Rule 2.03 - A lawyer shall not do or permit to be done
any act designed primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than
those customarily prescribed unless the circumstances
so warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS
LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of
any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.
INTEGRATED BAR OF THE PHILIPINES

CODE OF PROFESSIONAL
RESPONSIBILITY
CHAPTER I. THE LAW AND SOCIETY
Rule 3.02 - In the choice of a firm name, no false,

misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its
communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he
shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him
to practice law concurrently.
CANON 1 - A LAWYER SHALL UPHOLD THE

CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES.
Rule 3.04 - A lawyer shall not pay or give anything of

value to representatives of the mass media in
anticipation of, or in return for, publicity to attract
legal business.
Rule 1.01 - A lawyer shall not engage in unlawful,

dishonest, immoral or deceitful conduct.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE

DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
Rule 1.02 - A lawyer shall not counsel or abet activities

aimed at defiance of the law or at lessening
confidence in the legal system.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF

LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,

SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS
AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICE IN THE
DISCHARGE OF THEIR OFFICIAL TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in
public prosecution is not to convict but to see that
justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is
cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall
not use his public position to promote or advance his
private interests, nor allow the latter to interfere with
his public duties.
Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or
employment in connection with any matter in which he
had intervened while in said service.
CHAPTER II. LAWYER AND THE LEGAL
PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material
fact in connection with his application for admission to
the bar.
Rule 7.02 - A lawyer shall not support the application
for admission to the bar of any person known by him
to be unqualified in respect to character, education, or
other relevant attribute.
Rule 7.03 - A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor
shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
TOWARD HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or
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.
CANON 13 - A LAWYER SHALL RELY UPON THE

MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE
COURT
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements
in the media regarding a pending case tending to
arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the
government in the normal course of judicial
proceedings.
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS
SERVICES TO THE NEEDY.
Rule 14.01 - A lawyer shall not decline to represent a
person solely on account of the latters race, sex,
creed or status of life, or because of his own opinion
regarding the guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for
serious and sufficient cause, an appointment as
counsel de oficio or as amicus curiae, or a request
from the Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client unless:
a) he is in no position to carry out the work effectively
or competently;
b) he labors under a conflict of interest between him
and the prospective client or between a present client
and the prospective client;
Rule 14.04 - A lawyer who accepts the cause of a
person unable to pay his professional fees shall
observe the same standard of conduct governing his
relations with paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01 - A lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether
the matter would involve a conflict with another client
or his own interest, and if so, shall forthwith inform the
prospective client.
Rule 15.02 - A lawyer shall be bound by the rule on
privilege communication in respect of matters
disclosed to him by a prospective client.

Rule 15.03 - A lawyer shall not represent conflicting
interests except by written consent of all concerned
given after a full disclosure of the facts.
Rule 15.04 - A lawyer may, with the written consent of
all concerned, act as mediator, conciliator or arbitrator
in settling disputes.
Rule 15.05 - A lawyer when advising his client, shall
give a candid and honest opinion on the merits and
probable results of the clients case, neither
overstating nor understating the prospects of the case.
Rule 15.06 - A lawyer shall not state or imply that he is
able to influence any public official, tribunal or
legislative body.
Rule 15.07 - A lawyer shall impress upon his client
compliance with the laws and principles of fairness.
Rule 15.08 - A lawyer who is engaged in another
profession or occupation concurrently with the practice
of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST
ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSSESSION.
Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each
client separate and apart from his own and those of
others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon demand.
However, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also have a
lien to the same extent on all judgements and
executions he has secured for his client as provided for
in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his
client unless the clients interests are fully protected
by the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for
the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE
CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT

WITH COMPETENCE AND DILIGENCE.
Rule 18.01 - A lawyer shall not undertake a legal
service which he knows or should know that he is not
qualified to render. However, he may render such
service if, with the consent of his client, he can obtain
as collaborating counsel a lawyer who is competent on
the matter.
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
there with shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of
the status of his case and shall respond within a
reasonable time to clients request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS
CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.
Rule 19.01 - A lawyer shall employ only fair and honest
means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten
to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received information
that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with
such client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to
dictate the procedure on handling the case.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR
AND REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
a) The time spent and the extent of the services
rendered or required;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as a
result of acceptance of the proffered case;
f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he
belongs;
g) The amount involved in the controversy and the
benefits resulting to the client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether
occasional or established; and
j) The professional standing of the lawyer.
possible conflict of interest.
Rule 20.02 - A lawyer shall, in cases of referral, with

the consent of the client, be entitled to a division of
fees in proportion to work performed and responsibility
assumed.
CANON 22 - A LAWYER SHALL WITHDRAW HIS

SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRTUMSTANCES.
Rule 20.03 - A lawyer shall not, without the full

knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or
forwarding allowance or other compensation
whatsoever related to his professional employment
from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice of
fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED
Rule 21.01 - A lawyer shall not reveal the confidences
or secrets of his client except:
a) When authorized by the client after acquianting him
of the consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.
Rule 21.02 - A lawyer shall not, to the disadvantage of
his client, use information acquired in the course of
employment, nor shall he use he same to his own
advantage or that of a third person, unless the client
with full knowledge of the circumstances consents
thereto.
Rule 21.03 - A lawyer shall not, without the written
consent of his client, give information from his files to
an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a
client of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as
may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or
secrets of the client.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a clients affairs even with
members of his family.
Rule 22.01 -A lawyer may withdraw his services in any

of the following cases:
a) When the client pursues an illegal or immoral
course of conduct in connection with the matter he is
handling;
b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
c) When his inability to work with co-counsel will not
promote the best interest of the client;
d) When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;
e) When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer
agreement;
f) When the lawyer is elected or appointed to public
office; and
g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged
shall, subject to a retainer lien, immediately turn over
all papers and property to which the client is entitled,
and shall cooperate with his successor in the orderly
transfer of the matter, including all information
necessary for the proper handling of the matter.
The Code of Professionall Responsibility was initially
drafted by the Committee on Professional
Responsibility, Discipline and Disbarment of the
Integrated Bar of the Philippines, composed of Dean
Irene Cortes as Chairman and Justice Carolina GrioAquino, Attys. Gonzalo W. Gonzalez, Marcelo B. Fernan,
Camilo Quiason, Jose F. Espinosa and Carmelo V. Sison
as members, with former Chief Justice Roberto
Concepcion and former Justice Jose B.L. Reyes as
consultants, and Prof. Myrna S. Feliciano and
Atty.Concepcion Lim-Jardeleza as resource persons.
BY-LAWS OF THE INTEGRATED BAR

OF THE PHILIPPINES ARTICLE I
(Sections 1 to 17) GENERAL
PROVISIONS
SECTION 1. Name. The national organization of
lawyers created on January 16, 1973 under Rule of
Court 139-A (hereinafter designated as the Integration
Rule) and constituted on May 4, 1973 into a body
corporate by Presidential Decree No. 181 shall be
known as the Integrated Bar of the Philippines.
Rule 21.07 - A lawyer shall not reveal that he has been

consulted about a particular case except to avoid
SEC.2. Objectives and Purposes. The following are the

general objectives of the Integrated Bar: to elevate the
standards of the legal profession, improve the
administration of justice, and enable the Bar to
discharge its public responsibility more effectively. The
purposes of the Integrated Bar include, without being
limited to, those specified in the per curiam Resolution
of the Supreme Court dated January 9, 1973 ordaining
the integration of the Philippine Bar, to wit:
(1) Assist in the administration of justice;
(2) Foster and maintain on the part of its members high
ideals of integrity, learning, professional competence,
public service and conduct;
(3) Safeguard the professional interest of its members;
(4) Cultivate among its members a spirit of cordiality
and brotherhood;
(5) Provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice and
procedure, and the relations of the Bar to the Bench
and to the public, and publish information relating
thereto;
(6) Encourage and foster legal education; and
(7) Promote a continuing program of legal research in
substantive and adjective law, and make reports and
recommendations thereon.
SEC.3. Powers, prerogatives, functions, duties, and
responsibilities. The powers, prerogatives, functions,
duties and responsibilities of the Integrated Bar, its
Chapters and other agencies, its officers and
committees, national and local, its commissions, and
its members, are as provided by law, the Integration
Rule, Presidential Decree No. 181, these By-Laws, and
pertinent rules and regulations.
Inter alia, the Integrated Bar shall have perpetual
succession and shall have all legal powers appertaining
to a juridical person, particularly the power to sue and
be sued; to contract and to be contracted with; to hold
real and personal property as may be necessary for
corporate purposes; to mortgage, lease, sell, transfer,
convey and otherwise dispose of the same; to solicit
and receive public and private donations and
contributions; to accept and receive real and personal
property by gift, devise or bequest; to levy and collect
membership dues and special assessments from its
members; to adopt a seal and to alter the same at
pleasure; to have offices and conduct its affairs in the
Greater Manila Area and elsewhere; to make and adopt
by-laws, rules and regulations not inconsistent with the
laws of the Philippines or the Rules of Court,
particularly the Integration Rule; and generally to do all
such acts and things as may be necessary or proper to
carry into effect and promote the objectives and
purposes for which it was organized.
All donations or contributions which may be made by
private entities or persons to the Integrated Bar shall
be exempt from income and gifts taxes, and the same
shall further be deductible in full and shall not be

included for purposes of computing the maximum
amount deductible under Section 30, paragraph (h), of
the National Internal Revenue Code, as amended.
All taxes, charges and fees that may be paid by the
Integrated Bar or any of its Chapters to the
Government or any political subdivision or
instrumentality thereof shall be refundable annually to
the former for the period extending up to December
31, 1978.
SEC. 4. Non-political Bar. The Integrated Bar is strictly
non-political, and every activity tending to impair this
basic feature is strictly prohibited and shall be
penalized accordingly. No lawyer holding an elective,
judicial, quasi-judicial, or prosecutory office in the
Government or any political subdivision or
instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or
any Chapter thereof. A Delegate, Governor, officer or
employee of the Integrated Bar, or an officer or
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 office or accepts appointment to any judicial,
quasi-judicial, or prosecutory office in the Government
or any political subdivision or instrumentality thereof.
SEC. 5. Positions honorary. Except as may be
specifically authorized or allowed by the Supreme
Court, no national or local officer, or committee or
commission member shall receive any compensation,
allowance or emolument from the funds of the
Integrated Bar for any service rendered therein, or be
entitled to reimbursement for any expense incurred in
the discharge of his functions.
SEC. 6. National office. The national office of the
Integrated Bar shall be in the Greater Manila Area.
SEC. 7. Seal and emblem. The seal and the emblem
of the Integrated Bar, as adopted by the Board of
Governors, shall be kept at its national office.
SEC. 8. Notices and processes. Service of all notices

and processes intended for the Integrated of the
Philippines shall be made upon its Secretary or other
authorized representative at its national office.
Except as otherwise provided in these By-Laws, any
notice to be served upon a member of the Integrated
Bar shall be deemed given when deposited in the mail,
postage fully prepaid, and addressed to such member
at his last known office or resident address appearing
in the records or membership roll of the national office
or the Chapter concerned.
Notice to the general membership may be given by
mail, by publication in the Journal of the Integrated Bar
or as otherwise directed by the Board of Governors.
SEC. 9. Officer defined. The term officer as used in
these By-Laws shall include, but not necessarily be
limited to, the following: President, Executive Vice
President, Governors, Secretary, Treasurer and other
national officers of the Integrated Bar, officers and
members of the House of Delegates, Chapter officers
and directors, commissioners, and members of all
national and local committees.
Only members in good standing may become officers,
and unless otherwise provided in these By-Laws, no
person who is not a member of the Integrated Bar may
become an officer.
SEC. 10. Term of office. The term of office of all
elective officers, national and local, shall be two years.
In no case may any member be elected to the same
office for two consecutive terms.
The prohibition against re-election shall not apply to
the position of Treasurer of the Chapter. (As amended
pursuant to Bar Matter No. 668)
SEC. 11. Vacancies. Except as otherwise provided in
these By-Laws, whenever the term of an office or
position, whether elective or appointive, is for a fixed
period, the person chosen to fill the vacancy therein
shall serve only for the unexpired portion of the term.
SEC. 12. Non-answerability of the Integrated Bar. In
the absence of a showing of malice, fraud, bad faith or
negligence, the Integrated Bar, its national officers and
Governors, the officers and members of the House of
Delegates, all of the Chapters and the officers thereof,
commissioners, and all committees national and local,
and the members thereof, shall not be answerable for
any damage incident to any complaint, charge,
investigation, prosecution, proceeding, trial, decision,
resolution, recommendation, or action had, made, done
or taken under the authority of these By-Laws.
SEC. 13. Malfeasance, misfeasance, nonfeasance.
Notwithstanding the provisions of the next preceding
section, the Board of Governors may motu proprio or

upon the relation of any person, inquire into any
malfeasance, misfeasance or nonfeasance committed
by any member of the Integrated Bar or of any of its
Chapters, and, after due hearing, take whatever action
it may deem warranted. Such action may include his
suspension or removal from any office of the Integrated
Bar or of its Chapters held by such erring member, as
well as recommendation to the Supreme Court for his
suspension from the practice of law or disbarment.
The IBP Chapter shall remit to the National Office the
membership dues, net of chapter share, and the
applicable building fund assessment collected by it
within forty-five (45) days from receipt thereof,
otherwise, the President and the Treasurer shall be
subject to administrative sanction as may be
determined by the Board of Governors. (As amended
pursuant to Bar Matter No. 668)
SEC. 14. Prohibited acts and practices relative to
elections. The following acts and practices relative to
the elections are prohibited, whether committed by a
candidate for any elective office in the Integrated Bar
or by any other member, directly or indirectly, in any
form or manner, by himself or through another person:
(a) Distribution, except on election day, of election
campaign material;
(b) Distribution, on election day, of election material
other than a statement of the biodata of a candidate
on not more than one page of a legal size sheet of
paper; or causing distribution of such statement to be
done by persons other than those authorized by the
officer presiding at the elections;
(c) Campaigning for or against any candidate, while
holding an elective, judicial, quasi-judicial, or
prosecutory office in the Government or any political
subdivision, agency or instrumentality thereof;
(d) Formation of tickets, single slates, or combinations
of candidates, as well as the advertisement thereof;
(e) For the purpose of inducing or influencing a
member to withhold his vote, or to vote for or against a
candidate, (1) payment of the dues or other
indebtedness of any member; (2) giving of food, drink,
entertainment, transportation or any article of value, or
any similar consideration to any to any person; or (3)
making a promise or causing an expenditure to be
made, offered or promised to any person.
SEC.15. Supreme Court observer. The Supreme Court
may designate an official observer at any election of
the Integrated Bar whether national or local.
SEC. 16. Voluntary Bar associations. All voluntary Bar
associations now existing or which may hereafter be
formed may co-exist with the Integrated Bar but shall
not operate at cross-purposes therewith nor against
any policy, act, resolution or decision thereof.
SEC. 17. Rules of Court suppletory. Whenever

applicable, the Rules of Court shall be suppletory to
these By-Laws.
ARTICLE II (Sections 18 to 22) MEMBERSHIP
SEC. 18. Membership. The following persons are,
automatically and without exception, members of the
Integrated Bar of the Philippines:
(a) All lawyers whose names were in the Roll of
Attorneys of the Supreme Court on January 16, 1973;
and
(b) All lawyers whose names were included or are
entered therein after the said date.
SEC.19. Registration. Unless he has already
previously registered, every member heretofore
admitted to the practice of law shall, not later than
December 31, 1974, register in the Integrated Bar as
hereunder required, at the national office or at the
office of his Chapter.
Every person admitted to the practice of law after
these By-Laws become effective shall register in like
manner not later than sixty days after such admission.
Registration shall be accomplished by signing and filing
in duplicate the prescribed registration form containing
such information as may be required by the Board of
Governors, including the following:
(a) Full name, sex and civil status;
(b) Month, date, year and place of birth;
(c) Office address(es);
(d) Residence address(es);
(e) Occupation(s) or employment;
(f) Name of law school and year of graduation;
(g) Year of admission to the Bar; and
(h) Field(s) of specialization in law, if any.
It shall be the duty of the Secretary of every Chapter to
promptly forward a copy of each accomplished
registration form to the national office.
Every change after registration in respect to any of the
matters above specified shall be reported within sixty
(60) days to the chapter Secretary, who shall in turn
promptly report the change to the national office.
Unless he otherwise registers his preference for a
particular Chapter, a lawyer shall be considered a
member of the Chapter of the province, city, political
subdivision or area where his office or, in the absence
thereof, his residence is located. In no case shall any
lawyer be a member of more than one Chapter.
SEC.20. Members in good standing. Every member
who has paid all membership dues and all authorized
special assessments, plus surcharges owing thereon,
and who is not under suspension from the practice of
law or from membership privileges, is a member in
good standing.
SEC.21. Voluntary termination of membership;

reinstatement. A member may terminate his
membership by filing a verified notice to that effect
with the Secretary of the Integrated Bar, who shall
immediately bring the matter to the attention of the
Supreme Court. Forthwith, he shall cease to be a
member and his name shall be stricken from the Roll of
Attorneys.
Reinstatement may be made in accordance with rules
and regulations prescribed by the Board of Governors
and approved by the Court, provided any written
application for reinstatement must be filed with the
Board, which shall, within fifteen (15) days from
receipt, forward the same to the Court with its
appropriate recommendation.
SEC.22. Retirement, reinstatement. Any member in
good standing who shall have attained the age of
seventy-five years, or shall have been forty years a
lawyer, or who shall, by reason of physical disability or
judicially adjudged mental incapacity, be unable to
engage in the practice of law, may be retired from the
Integrated Bar upon verified petition to the Board of
Governors. Retired members shall not practice law or
be required to pay dues.
A retired member may be reinstated to active
membership upon written application to and approval
by the Board.
The Board shall make periodic reports of retirement
and reinstatement of members to the Supreme Court.
ARTICLE III (Sections 23 to 25) DUES
SEC.23. Membership dues. On or before the 31st day
of December, every member of the Integrated Bar shall
pay annual dues for the ensuing fiscal year in the
amount of FIVE HUNDRED PESOS at the National Office
or at the office of his Chapter, to take effect on January
1, 1995. (As amended pursuant to Bar Matter No. 668)
Membership dues shall be apportioned as follows:
Chapter share, Php200.00; General Fund, Php150.00;
Welfare Fund Php40.00; Legal Aid Php20.00; Bar
Discipline, Php20.00; and IBP Journal Php70.00. (As
amended pursuant to Bar Matter No. 668)
Subject to approval by the Supreme Court, the Board of
Governors may increase the annual membership dues,
or modify the apportionment thereof. (As amended on
January 30, 1992)
Pursuant to Bar Matter No. 616, the Supreme Court
approved the proposal to increase the membership
dues from Php500.00 to Php1,000.00 starting the year
2000 of which 60 per cent shall be alloted for the
National Office while 40 per cent shall go to the
chapters. (Supreme Court Resolution dated February 1,
2000)
10 | P a g e W e a D i o n i s i o B a c h e l o r o f A r t s i n L e g a l M a n a g e m e n t
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THE IBP LIFE MEMBERSHIP PLAN

(Pursuant to Supreme Court Resolution dated August
20, 1996, the life membership fee was increased to
Php8,500.00 effective January 1, 1997.)
A member of the IBP may apply for life membership
therein by filing an application there for directly with
the national office or through the appropriate chapter
under the following terms:
(1) That the member shall be in good standing as
provided for under Section 20, Article II of these ByLaws at the time he files his application for life
membership;
(2) That he pays to the national office his life
membership fee in the sum of FIVE THOUSAND PESOS
(Php5,000.00) and
(3) That he abides by the rules and regulations
promulgated by the Integrated Bar of the Philippines
implementing the life membership plan.
Upon payment of the life membership fee of FIVE
THOUSAND PESOS (Php5,000.00), the member shall be
enrolled in the Roll of Life Members to be prepared by
and kept in the Office of the Treasurer of the Integrated
Bar of the Philippines. He shall be issued a certificate of
life membership to be signed by the national president
and attested by the National Secretary.
The life membership fee of FIVE THOUSAND PESOS
(Php5,000.00) shall be deposited in a reputable
banking institution chosen by the Board of Governors,
Integrated Bar of the Philippines, as a perpetual trust
fund which shall earn interest at the best possible rate
per annum.
Only the annual income of the life membership trust
fund shall be available for expenditure of the IBP and
shall be applied as follows:
(1) To the payment of the life members annual dues as
provided in Section 23, Article III of these By-Laws;
(2) Fifty percent of the balance of the income, if any,
shall be automatically appropriated for the operational
expenses of the Committee on Bar Discipline, including
the salaries of the national investigators or
commissioners and the staff of the Committee;
(3) The other fifty percent of the balance, if any, shall
be deposited as part of the life membership trust fund.
Any life member, whose membership in the IBP
terminates by retirement or for any other cause, shall
cease to be a life member of the Integrated Bar of the
Philippines. (As amended pursuant to Supreme Court
Resolution dated October 27, 1992)
All lawyers shall indicate in all pleadings, motions and
papers signed and filed by them in any court in the
Philippines and in the case of government lawyers, in
all official documents issued by them the number and
date of their official receipt indicating payment of their
annual membership dues to the Integrated Bar of the
Philippines for the current year, or in the case of life
members, their life membership roll number. (As

amended pursuant to Bar Matter No. 668)
SEC.24. Effect of non-payment of dues. Except for the
fiscal year 1974-1975, any member who has not paid
his membership dues for any given fiscal year on or
before the last day (June 30) of the immediately
preceding fiscal year shall be considered a dues
delinquent member. For the fiscal year 1974-1975 any
member who has not paid the annual dues on or before
November 30, 1974 shall be considered dues
delinquent. If the delinquency continues until the
following December 31, the Board of Governors shall
by Resolution forthwith suspend all his membership
privileges other than the practice of law. A copy of such
resolution shall be sent by registered mail to the
member and to the secretary of the chapter concerned.
The Board shall promptly inquire into the cause or
causes of the delinquency and take whatever action it
shall deem appropriate, including a recommendation to
the Supreme Court for the suspension of the
delinquent member from the practice of law.
Should the delinquency further continue until the
following June 29, the Board shall promptly inquire into
the cause or causes of the continued delinquency and
take whatever action it shall deem appropriate,
including a recommendation to the Supreme Court for
the removal of the delinquent members name from
the Roll of Attorneys. Notice of the action taken shall be
sent by registered mail to the member and to the
Secretary of the Chapter concerned.
Whenever a delinquent member makes full payment of
the membership dues owing, plus a sum equivalent to
10 percent thereof, such fact shall without delay be
reported to the Board, which shall take such action as
may be warranted.
A member whose name is removed from the Roll of
Attorneys pursuant to the provision of this Section may
apply for reinstatement under the provisions of the
second paragraph of Section 21 (Voluntary termination
of membership; reinstatement)
SEC.25. Remission or lifting of sanctions. The Board of
Governors may, for justifiable reasons, remit or lift
sanctions already imposed, and authorize the
retroactive reinstatement of the member concerned.
However, sanctions imposed or approved by the
Supreme Court may be remitted or lifted only by the
Court.
ARTICLE IV (Sections 26 to 29) CHAPTERS
SEC.26. Chapters. A Chapter of the Integrated Bar
shall be organized in every province existing on the
date of the effectivity of the Integration Rule. Except as
hereinbelow provided, every city shall be considered
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part of the province within which it was geographically

situated prior to its creation as a city.
A separate chapter shall be organized in each of the
following political subdivisions or areas:
(a) The sub-province of Aurora;
(b) Each congressional district of the City of Manila
existing on the date of the effectivity of the Integration
Rule;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and San Juan del
Monte;
(f) Cebu City; and
(g) Zamboanga City, Basilan City, and Basilan Province.
The Board of Governors shall reorganize the various
Chapters of cities and provinces, by division or merger,
to the end that, as far as practicable, no chapter shall
have more than one thousand nor less than five
hundred members, beginning with the fiscal year 19771978.
The Board shall study the feasibility of organizing
Chapters in new provinces.
SEC.27. Coordination of Chapter activities. The Board
shall coordinate and supervise the activities of all the
Chapters for purposes of promoting maximum lawyer
participation in Integrated Bar affairs, and effective
administration and operation of the organization.
SEC.28. Chapter local government. Each Chapter
shall have its own government.
SEC.29. Uniform by-laws. Every Chapter shall strictly
observe the following by-laws, but the Board of Officers
of any Chapter may submit for consideration and
action by the Board of Governors such additional
provisions as may be demanded by local conditions.
INTEGRATED BAR OF THE PHILIPPINES CHAPTER
BY-LAWS
SECTION 1. Objectives and Purposes. The
fundamental objective of the Chapter shall be to
administer the affairs of the Integrated Bar within its
territorial jurisdiction, under the general direction and
supervision of the Board of Governors, with the end in
view of elevating the standards of the legal profession,
improving the administration of justice, enabling the
Bar to discharge its public responsibility more
effectively, and carrying out the purposes specified in
the per curiam Resolution of the Supreme Court dated
January 9, 1973 ordaining the integration in Section 2
(objectives and purposes) of the By-Laws of the
Integrated Bar.
SEC. 2. Membership. The Chapter comprises all

members registered in its membership roll. Each
member shall maintain his membership until the same
is terminated on any of the grounds set forth in the ByLaws of the Integrated Bar, or he transfers his
membership to another chapter as certified by the
Secretary of the latter, provided that the transfer is
made not less than three months immediately
preceding any Chapter election.
SEC. 3. Membership dues and special assessments.
Every member of the Integrated Bar registered in the
chapter shall pay annual membership dues as
prescribed by the By-Laws of the Integrated Bar or by
the Board of Governors, subject to the sanctions that
maybe imposed in case of delinquency. Special
assessments for specific purposes as may be required
may be imposed, and non-payment thereof shall be
subject to the same sanctions provided for nonpayment of dues; Provided, that the total amount for
special assessments in any given fiscal year shall not
exceed the amount of the annual dues. If a special
assessment does not exceed Php25.00, the same may
be made effective immediately. If in excess of
Php25.00, a special assessment shall not become
effective until approved by the written vote of the
majority of all the members. Special assessments shall
remain effective unless revoked or amended by the
majority of all the members at a special meeting called
for the purpose in accordance with Section 4 (Chapter
meetings) hereof.
SEC. 4. Chapter meetings. The Chapter annual
meeting shall be held on the last Saturday of February
at such time and place as the Board of Officers shall
designate. Special meetings may be called by the
President, and shall be called upon the written request
of five members of the Board of Officers or of at least
thirty percent of the entire membership. Written notice
of any meeting shall be mailed by the Secretary to
each member, at his last known address, at least 30
days prior to the meeting. The Board of Officers shall
take such measures as may be necessary to ensure the
attendance of all members at all meetings.
At any annual or special meeting, the members
present shall constitute a quorum for the transaction of
business.
SEC. 5. Board of Officers. The government of the
Chapter is vested in a Board of Officers composed of a
President, a Vice President, a Secretary, a Treasurer, an
Auditor, a Public Relations Officer and five Directors,
who shall be elected at the biennial meeting and shall
hold office for a term of two years from the first day of
April next following their election and until their
successors shall have been duly chosen and qualified.
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(As amended pursuant to Bar Matter No. 668)

In addition to the elected officers, the immediate PastPresident shall ipso facto become an ex-officio (nonvoting) member of the Board of Directors. As amended
pursuant to Bar Matter No. 1049) The President and
Vice President shall be chairman and vice chairman,
respectively.
In case of any permanent vacancy in the Board of
Officers, except that of President which shall be filled
by the Vice President, the Board shall elect a successor
to serve for the unexpired portion of the term. In case
of a temporary vacancy that affects the quorum of the
Board, the remaining members of the Board shall elect
a temporary replacement. Any member of the Board
may be removed for cause, including three consecutive
absences from Board meetings without justifiable
excuse, upon resolution adopted by the majority of the
remaining members of the Board at a regular meeting.
Within ten days from receipt of the resolution, the
aggrieved party may appeal to the Board of Governors,
whose decision shall be final.
SEC. 6. Meeting of the Board of Officers. Regular
monthly meetings shall be held by the Board of Officers
on such date and at such time and place as it shall
designate. Special meetings may be called by the
President, and shall be called upon the written request
of five members of the Board. Five members of the
Board shall constitute a quorum.
SEC. 7. Duties of officers.
(a) President. The President shall be the chief
executive of the Chapter. He shall preside at all
Chapter meetings and at all meetings of the Board of
Officers.
(b) Vice President. The Vice President shall perform
the duties of the President during the absence or
inability of the latter to act, and such other duties as
may be assigned to him by the President and the
Board.
(c) Secretary. The Secretary shall attend all meetings
of the Board of Officers and keep a record of all the
proceedings thereof; prepare and maintain a
membership roll of the Chapter and keep all the
records thereof; prepare official ballots for all election;
and perform such other duties as may be assigned to
him by the President and the Board.
(d) Treasurer. The Treasurer shall receive, collect and
safely keep, under the direction of the Board of
Governors and the Board of Officers, all funds of the
Chapter; promptly remit to the national office the
latters share of the dues and assessments under
Section 23 (Membership Dues) of the By-Laws of the
Integrated Bar; keep proper books of accounts and
render reports of receipts and disbursements as may
be required; and perform such other duties as may be
assigned to him by the President and the Board. He

shall furnish a bond at the expense of the Chapter, in
such amount as may be required by the Board of
Governors.
All disbursements shall be made over the signature of
the Treasurer, countersigned by the President or, in his
absence, by the Vice President.
SEC. 8. Delegates. The President shall concurrently
be the Delegate of the Chapter to the House of
Delegates. The Vice President shall be his alternate,
unless the chapter is entitled to have more than one
Delegate, in which case the Vice President shall also be
a Delegate. Additional Delegates and alternates shall in
proper cases be elected by the Board.
SEC. 9. Annual budget. The Board shall adopt an
annual budget. No disbursement shall be made except
in accordance therewith.
SEC. 10. Audit. Audit of all Chapter funds, accounts,
receipts and disbursements shall be in accordance with
rules and regulations prescribed by the Board of
Governors.
SEC. 11. Committees. The President shall, with the
concurrence of the majority of the Board of Officers,
appoint the following standing committees: a
committee on legal aid and committee on legislation.
The Board may create such other committees as may
be necessary.
The members of all committees shall serve for a term
of one year, and until their respective successors shall
have been duly appointed and qualified. It shall be the
duty of the committee on legal aid to establish legal
aid bureaus for deserving poor litigants and set up
lawyer referral services. It shall be the duty of the
committee on legislation to consider and propose any
legislation relating to substantive and remedial law.
SEC. 12. Rules governing elections. The following
rules shall govern elections:
(a) Date and place of elections. Elections of Officers
and Directors shall be held on the last Saturday of
February every other year at such time and place as
the Board shall designate, which shall be stated in the
notice to be sent to every member by personal delivery
or by mail not less than thirty days prior to the
elections.
(b) Responsibility for the elections. The preparation of
all election paraphernalia, the setting up of registration
and canvassing committees, and all other matters
relating to the elections, shall be the responsibility and
shall be under the supervision and control of the
President.
4A
(c) Voters list. Not earlier that twenty-five days nor

later that fifteen days prior to the elections, the
Secretary shall submit to the Board of Officers a list of
the names of all the members entitled to vote. The
voters list shall then remain closed and shall not be
altered except upon direction of the Board. However, it
shall be open to inspection by all members, and, upon
request, copies thereof shall be furnished to any
member upon payment of actual cost.
Any member who is delinquent in the payment of dues
or any assessment, including surcharges owing,
twenty-five days prior to the day of the elections, shall
be excluded from the voters list.
(d) Violation. - Any violation of the rules governing
elections or commission of any of the prohibited acts
and practices defined in Section 14 (Prohibited acts
and practices relative to elections) of the By-Laws of
the Integrated Bar shall be a ground for the
disqualification of a candidate or his removal from
office if elected, without prejudice to the imposition of
sanctions upon any erring member pursuant to the ByLaws of the Integrated Bar.
(e) Election campaign material. No election campaign
material other than a statement of the biodata of the
candidate or aspirant on not more than one page of a
legal size sheet of paper shall be allowed, and
distribution thereof shall be made only on the day of
elections and only by persons authorized by the officer
presiding at the elections.
(f) Eligibility. No member may be elected to any office
whose name is not duly included in the voters list, or
who is disqualified by the Integration Rule, by the ByLaws of the Integrated Bar, or by these by-laws.
(g) Nomination of candidates. - Any eligible member
may, upon his written consent, be nominated to any
office: Provided, that no member may be a candidate
for more than one office. Every nomination shall be
made orally by a member other than the nominee and
shall be limited to a statement of the full name of the
nominee. No member who is not personally present at
the election meeting may be nominated. No
nomination other than on the floor shall be allowed. In
no case shall any nomination or campaign speech be
permitted.
(h) Disqualification proceedings. Any question
relating to the eligibility of a candidate must be raised
prior to the casting of ballots, and shall be immediately
decided by the presiding officer. An appeal from such
decision maybe taken to the members in attendance
who shall forthwith resolve the appeal by plurality vote.
Voting shall be by raising of hands. The decision of the
members shall be final, and the elections shall
thereafter proceed. Recourse to the Board of Governors
may be had in accordance with Section 13 (Election
contest) hereof.
(i) Voting. - Voting for Officers and Directors shall be by
secret ballot. Official ballots shall be provided for the

purpose. Voting by proxy shall not be allowed.
(j) Canvassing of ballots. The presiding officer shall
organize as many committees as are they necessary
composed of three non-candidates each, which shall
canvass all votes cast in the elections immediately
after the last ballot shall have been cast. Canvassing,
when started, shall be continuous until finished and
shall be within the view and observation of as many
members as possible. In the reading of the ballots, the
rules embodied in the general election law shall be
followed. The chairman and members of each
committee shall certify to the correctness of the tally
made by them.
(k) Certification of election results. Elections shall be
determined by plurality vote. Any tie vote shall be
broken by drawing of lots. The presiding officer,
immediately after all the votes have been canvassed
and tallied and the results announced by him, shall
transmit the results of the elections to the President of
the Integrated Bar by the fastest means of
communication, to be followed by a confirmatory
certificate of the said results bearing the names of all
elected officers, their respective addresses and the
respective offices to which they were elected, together
with all the ballots and tally sheets in a separate sealed
envelope or envelopes.
SEC. 13. Election contests. Any member desiring to
contest an election shall, within three days after
election day, file with the Board of Governors a written
protest setting forth the grounds therefor. The decision
of the Board thereon shall be final.
SEC. 14. Rules and regulations. The Chapter may
adopt such rules and regulations as it shall see fit,
including a minimum attorneys fees schedule, not
inconsistent with these by-laws, the By-Laws of the
Integrated Bar, and the Integration Rule.
All rules and regulations shall be binding upon all
members of the Integrated Bar who render legal
services of any kind within the territorial boundaries of
the Chapter.
SEC. 15. Minimum attorneys fees schedule. Any
minimum attorneys fees schedule adopted shall not be
construed as fixing the maximum fee or the reasonable
fee to be charged in any given case or situation. Any
fees schedule and all amendments thereto shall
become effective immediately, but maybe modified or
disapproved by the Board of Governors, and shall be
filed with the Secretary of the Integrated Bar. The
Secretary of the Chapter shall send copies of fees
schedules and all amendments thereto to the
Secretaries of all other Chapters and the Board of
Governors.
4A
SEC. 16 Claims. Expenses incurred with the approval

of the Board of Officers by committees in the
performance of official duties shall be proper claims for
reimbursement, subject to approval by the Board of
Governors and to the provision of Section 14 of the
Integration Rule and Section 5 (Positions honorary) of
the By-Laws of the Integrated Bar, and to the
availability of funds. All claims accompanied by the
receipts accomplished in accordance with requirements
prescribed by the Board of Governors shall be
submitted to the Board of Officers for proper action.
Sec 17. Amendments. These by-laws may be
amended by the Board of Governors with the approval
of the Supreme Court. The rules and regulations which
may be adopted by the Chapter under the authority of
Section 29 (Uniform by-laws) of the By-Laws of the
Integrated Bar may be amended by the vote of twothirds of the members present at a meeting called for
the purpose, subject to the approval of the Board of
Governors.
ARTICLE V (Sections 30 to 36) HOUSE OF
DELEGATES
SEC. 30. Composition of the House. The Integrated
Bar shall have a House of Delegates composed of not
more than one hundred and twenty members
apportioned among all the Chapters. On or before
December 31, 1974, and every two years thereafter,
the Board of Governors shall make a reapportionment
of Delegates among all the Chapters as nearly as may
be according to the number of their respective
members, but each Chapter shall have at least one
Delegate.
SEC. 31. Membership. The membership of the House
of shall consist of all the Chapter Presidents of the
Chapters entitled to more than one Delegate each, the
Vice Presidents of the Chapters and such additional
Delegates as the Chapters are entitled to. Unless the
Vice President is already a Delegate, he shall be an
alternate Delegate. Additional Delegates and
alternates shall in proper cases be elected by the
Board of Officers of the Chapter. Members of the Board
of Governors who are not Delegates shall be members
ex officio of the House, without the right to vote.
SEC. 32. Term of office. The term of office of
additional and alternate Delegates shall be
coterminous with that of Chapter Delegates.
SEC. 33. Annual Convention. (a) Unless for special
reasons another date is set by the Board of Governors,
the House shall hold an annual convention during the
moth of April of each year, at the call of the Board, at

such time and place as the Board shall determine. Each
Region shall be entitled to host one annual or special
convention every nine years.
The convention program shall be prepared by the
Board. No convention of the House of Delegates nor of
the general membership shall be held prior to any
election in an election year. (As amended pursuant to
Bar Matter 491)
(b) The President and Executive Vice President of the
IBP shall be the Chairman and Vice-Chairman,
respectively, of the House of Delegates.The Secretary,
Treasurer, and Sergeant-at-Arms shall be appointed by
the President with the consent of the House of
Delegates. (As amended pursuant to Bar Matter 491)
(c) At or prior to the annual convention, there shall be
published an address by the President on the state of
the Integrated Bar, a report of the proceedings, reports
of officers and committees, and recommendations
submitted in connection with these reports.
(d) Any matter not included in the published
convention program may considered, debated or acted
upon by the House, upon written petition signed by at
least twenty Delegates.
(e) During the deliberations, no persons shall speak for
more than five minutes or more than twice on the
same matter, unless otherwise authorized by the
Chairman.
(f) The House shall be a deliberative body of the
Integrated Bar, and its resolutions shall bind the
Integrated Bar when concurred in by the Board of
Governors.
(g) At all deliberations of the House, whether in annual
or special convention, the Roberts Rules of Order shall
govern.
SEC. 34. Special convention. Special conventions of
the House may be called by the Board of Governors
motu proprio, or upon written petition therefor filed
with the Secretary of the Integrated Bar signed by not
less than thirty Delegates. The Board shall set the
date, time and place for each special convention.
Notice shall be given to all Delegates at least thirty
days before the convention, stating the purpose and
the urgency thereof as well as the business to be
transacted thereat.
SEC. 35. Quorum. The Delegates present at any
session of a convention shall constitute a quorum to do
business.
SEC. 36. Duties of Delegates. The Delegates shall
attend every convention of the House, promote the
work of the convention, and make reports of the
proceedings thereof to their respective Chapters.
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ARTICLE VI (Sections 37 to 46) BOARD OF

GOVERNORS
SEC. 37. Composition of the Board. The Integrated
Bar of the Philippines shall be governed by a Board of
Governors consisting of nine (9) Governors from the (9)
regions as delineated in Section 3 of the Integration
Rule, on the representation basis of one (1) Governor
for each region to be elected by the members of the
House of Delegates from the region only. The position
of Governor should be rotated among the different
Chapters in the Region. (As amended pursuant to Bar
Matter 491)
SEC. 38. Term of office. The Governors shall hold
office for a term of two years from July 1 immediately
following their election to June 30 of their second year
in office and until their successors shall have been duly
chosen and qualified.
SEC. 39. Nomination and election of the Governors.
At least one (1) month before the national convention
the delegates from each region shall elect the governor
for their region, the choice of which shall as much as
possible be rotated among the chapters in the region.
(As amended pursuant to Bar Matter 491)
SEC. 40. Election contests. Any nominee desiring to
contest an election shall, within two days after the
announcement of the results of the elections, file with
the President of the Integrated Bar a written protest
setting forth the grounds therefor. Upon receipt of such
petition, the President shall forthwith call a special
meeting of the outgoing Board of Governors to
consider and hear the protest, with due notice to the
contending parties. The decision of the Board shall be
announced not later than the following May 31, and
shall be final and conclusive.
SEC. 41. Functions of the Board. The Board of
Governors shall have general charge of the affairs and
activities of the Integrated Bar. It shall have authority,
inter alia, to:
(a) Fix the date, time and place of every convention of
the House of Delegates, subject to the provisions of
Section 33 (Annual convention) and 34 (Special
conventions);
(b) Make appropriations and authorize disbursements
from the funds of the Integrated Bar, subject to the
provisions of Sections 14 of the Integration Rule and
Section 5 (Positions honorary) of these By-Laws;
(c) Engage the services of employees, define their
duties and fix their compensation;
(d) Receive, consider and act on reports and
recommendations submitted by the House of
Delegates or its committees;

(e) Provide for the publication of the Journal of the
Integrated bar;
(f) Administer the Welfare Fund in accordance with
such rules and regulations as it may promulgate;
(g) Fill vacancies, however arising, in the positions of
officers of the Integrated Bar, subject to the provisions
of Sec. 8 of the Integration Rule, and Section 11
(Vacancies), Section 44 (Removal of members), Section
47 (National officers), Section 48 (Other officers), and
Section 49 (Terms of Office) of these By-Laws;
(h) Subject to the approval of the Supreme Court,
promulgate Canons of Professional Responsibility for all
members of the Integrated Bar;
(i) Promulgate rules and regulations for the
establishment and maintenance of lawyer referral
services throughout the Philippines;
(j) Subject to the approval of the Supreme Court,
impose special assessments for specific national
purposes, and impose, or recommend in proper cases
to the Court the imposition of, sanctions for nonpayment or delinquency in the payment thereof;
(k) Prescribe such rules and regulations as may be
necessary and proper to carry out the objectives and
purposes of the Integrated Bar as well as the provisions
of the Integration Rule and Presidential Decree No.
181; and
(i) Perform such other functions as may be necessary
or expedient in the interest of the Integrated Bar.
SEC. 42. Meetings. - The Board shall meet regularly
once a month, on such date and such time and place
as it shall designate. Special meetings may be called
by the President, and shall be called by him upon the
written request of five members of the Board.
SEC. 43. Quorom. - Five members of the Board shall
constitute a quorum to transact business. However, the
Board may take action, without a meeting, by
resolution signed by at least five governors, provided
that every member of the Board shall have been
previously apprised of the contents of the resolution.
SEC. 44. Removal of members. - If the Board of
Governors should determine after proper inquiry that
any of its members, elective or otherwise, has for any
reason become unable to perform his duties, the
Board, by resolution of the Majority of the remaining
members, may declare his position vacant, subject to
the approval of the Supreme Court.
Any member of the Board, elective or otherwise, may
be removed for cause, including three consecutive
absences from Board meetings without justifiable
excuse, by resolution adopted by two-thirds of the
remaining members of the Board, subject to the
approval of the Supreme Court. In case of any vacancy
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in the office of Governor for whatever cause, the

delegates from the region shall by majority vote, elect
a successor from among the members of the Chapter
to which the resigned governor is a member to serve
as governor for the unexpired portion of the term. (As
amended pursuant to Supreme Court Resolution dated
March 2, 1993)
SEC. 45. Executive Committee. - There shall be an
Executive Committee of not less than three Governors,
the powers, functions, duties and responsibilities of
which shall be as prescribed by the Board. The
President shall be the chairman thereof.
SEC. 46. Urgent matters. - Should the Executive
Committee consider it desirable and imperative that
any matter be decided urgently by the Board, and it is
not practicable or expedient for the Board to convene,
the Executive Committee may, for the purpose, direct a
poll of all the members of the Board on that matter, to
be taken by correspondence, telegram, radiogram,
cablegram, or any other expeditious means, and the
effect of such a poll shall be the same as if the votes
therein were cast at a regular meeting of the Board.
ARTICLE VII (Sections 47 to 51) NATIONAL
OFFICERS
SEC. 47. National Officers. - The Integrated Bar of the
Philippines shall have a President and Executive Vice
President to be chosen by the Board of Governors from
among nine (9) regional governors, as much as
practicable, on a rotation basis. The governors shall be
ex officio Vice President for their respective regions.
There shall also be a Secretary and Treasurer of the
Board of Governors to be appointed by the President
with the consent of the Board. (As amended pursuant
to Bar Matter 491)
The Executive Vice President shall automatically
become President for the next succeeding term. The
Presidency shall rotate among the nine Regions.
SEC. 48. Other officers. - Other officers and employees
as the Board may require shall be appointed by the
President with the consent of the Board. Such officers
and employees need not be members of the Integrated
Bar.
SEC. 49. Terms of office. - The President and the
Executive Vice President shall hold office for a term of
two years from July 1 following their election until June
30 of their second year in office and until their
successors shall have been duly chosen and qualified.
In the event the President is absent or unable to act,
his functions and duties shall be performed by the
Executive Vice President, and in the event of the death,

resignation, or removal of the President, the Executive
Vice President shall serve as Acting President for the
unexpired portion of the term. In the event of the
death, resignation, removal or disability of both the
President and the Executive Vice President, the Board
of Governors shall elect an Acting President to hold
office for the unexpired portion of the term or during
the period of disability. Unless otherwise provided in
these By-Laws, all other officers and employees
appointed by the President with the consent of the
Board shall hold office at the pleasure of the Board or
for such term as the Board may fix.
SEC. 50. Duties of officers. - (a) President: The
President shall be the chief executive of the Integrated
Bar, and shall preside at all meetings of the Board of
Governors.
From assumption of office and for the duration of his
term, the President shall dissociate himself from any
and all activities that may, in one way or another,
restrict or hamper the effective exercise of his powers
and performance of his functions and duties.
(b) Executive Vice President: The Executive Vice
President shall exercise the powers and perform the
functions and duties of the President during the
absence or inabilility 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.
(c) Governors: In addition to his duties as a member of
the Board of Governors, each elective Governor shall
act as representative of his Region in the Board. He
shall promote, coordinate and correlate activities of the
Chapters within his Region.
(d) Secretary: The Secretary shall attend all meetings
of the Board of Governors, and keep a record of all the
proceedings thereof; prepare and maintain a register of
all members of the Integrated Bar; notify national
officers as well as members of national committees of
their election or appointment; cause to be prepared the
necessary official ballots for the election of Governors;
and perform such other duties as are assigned to him
by these By-Laws, by the President and by the Board of
Governors.
(e) Treasurer: The Treasurer shall collect, receive,
record, and disburse all funds of the Integrated Bar;
however, no disbursement shall be made except over
his signature, countersigned by the President, or in the
absence or inability of the President by the Executive
Vice President, or in the absence or inability of both, by
a member of the Executive Committee designated by
the President. He shall render reports of receipts and
disbursements as required by the Board of Governors;
promptly remit to the Chapters concerned their
proportionate shares in the dues and assessments paid
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by members directly to the national office under

Section 23 (Membership dues); assist in the
preparation of the annual budget; and perform such
other duties as are assigned to him by these By-Laws,
by the President and by the Board of Governors. He
shall furnish a surety bond at the expense of the
Integrated Bar, in such amount as may be required by
the Board.
SEC. 51. Delegation of duties. - The functions and
duties of the Secretary and the Treasurer may, in their
absence or inability, be performed by assistants or
employees of the Integrated Bar designated by the
President.
ARTICLE VIII (Sections 52 to 67) NATIONAL
COMMITTEES
SEC. 52. National Committees. - The Board of
Governors shall establish and maintain standing
national committees. Until otherwise changed,
modified or redefined by the Board, the respective
names, powers, prerogatives, functions, duties and
responsibilities of the standing committees shall be as
set forth in this Article. The Board shall have authority
to create additional standing committees and special
committees, and to define their respective powers,
prerogatives, functions, duties and responsibilities.
Every committee shall submit an annual report to the
President, but the Board may at any time require any
committee to submit a special report.
SEC. 53. Membership of committees. - Each national
committee shall consist of such number of members as
may be fixed by the Board of Governors. They shall be
appointed by the President with the consent of the
Board, and shall serve for a term of two years, and
until their respective successors shall have been duly
appointed and qualified. The chairman of each
committee shall be designated by the President.
Three consecutive absences of any member from
committee meetings without justifiable excuse shall be
a ground for the President to appoint his replacement.
SEC. 54. Committee on Chapter Affairs. - This
committee shall make studies of, and submit reports
and recommendations on, the establishment,
organization and operation of all Chapters, the
apportionment and reapportionment of the seats in the
House of Delegates, and the means and methods of
encouraging and coordinating Chapter activities and of
promoting maximum involvement and participation of
the members of the Integrated Bar in the activities
thereof and of their respective Chapters.
SEC. 55. Committee on Legal Aid. - This committee

shall promote the establishment and efficient
maintenance of Chapter legal aid organizations suited
to provide free legal service; direct and supervise all
Chapter legal aid organizations; 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, do or cause to be done all things
necessary and proper for the promotion of legal aid
activities, projects and objectives.
SEC. 56. Committee on Administration of Justice. - This
committee shall study the organization and operation
of the judicial system and recommend appropriate
changes in practice and procedure to improve the
efficiency thereof, and, in that connection, shall
examine all proposed changes in the system.
It shall collate information and submit appropriate
recommendations on judicial appointments, judicial
tenure and compensation, and retirement pensions.
SEC. 57. Committee on Legal Education and Bar
Admissions. - This committee shall make continuing
studies of, and submit recommendations on, the
curriculum and teaching methods in law schools, as
well as standards and methods in law schools, as well
as standards and methods in determining the
qualifications of applicants for admission to the Bar,
and whenever requested shall assist in the
investigation of the qualifications of persons seeking
admission to the Bar.
It shall formulate, and promote or co-sponsor with
other groups of institutions, programs designed to
afford members of the Integrated Bar suitable
opportunities for acquiring, here and abroad, additional
professional knowledge, training and skill.
SEC. 58. Committee on Professional Responsibility,
Discipline and Disbarment. - This committee shall
formulate the Canons of Professional Responsibility for
adoption by the Board of Governors and approval by
the Supreme Court, and submit recommendations on
methods for the effective enforcement thereof as well
as on appropriate amendments thereto.
It shall have authority to express advisory opinions,
upon written request of any member, on any matter
affecting his own professional conduct. In no case shall
the opinion of the committee disclose the name of any
party.
The committee may call upon any Chapter officer or
Chapter committee member to exchange information
as to problems arising under the Canons of Professional
Responsibility and to examine grievance procedures. It
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shall make recommendations to the Board of

Governors for reform and improvements in the said
procedures.
SEC. 59. Committee on Research Services. This
committee shall plan the research services of the
Integrated Bar in substantive and adjective law, and,
together with other institutions, promote legal research
and law reform and development. It shall select areas
of the law in need of general study, revision or
codification; formulate plans and prepare budgets for
specific research projects; assess the availability of
qualified personnel to perform research work; and
submit recommendations thereon. It shall periodically
render progress reports on authorized projects, and
provide necessary supervision for the successful
completion of each project.
SEC. 60. Committee on Legislation. This committee
shall study all proposed changes in the Constitution
and in statutes and laws of general interests or general
application and submit reports thereon, and, with the
approval of the Board of Governors, shall represent the
Integrated Bar in supporting or opposing such
proposals.
SEC. 61. Committee on Public Service. This
committee shall prepare and submit plans for
advancing public acceptance of the objectives and
purposes of the Integrated Bar, and shall execute such
plans as are approved by the Board of Governors.
These plans shall include arrangements for
disseminating information of interest to the public in
relation to the functions of the departments of
government, the judicial system and the Bar; and to
that end the committee may operate an information
bureau and utilize the facilities of the media of public
communication.
SEC. 62. Committee on Inter-Professional and Business
Relations. This committee shall maintain liaison
between the legal profession and other professions as
well as business groups in order to acquaint the latter
on the nature and proper scope of the practice of law.
SEC. 63. Committee on Books and Publications. This
committee shall make studies of, and submit
recommendations on, matters and materials for
publication, and ways and means of assisting in the
efficient publications of legal literature at reasonable
costs, and of discouraging unnecessary publications or
duplication thereof.
SEC. 64. Committee on Unauthorized Practice of Law.
This committee shall keep the Integrated Bar informed
with respect to the practice of law by unauthorized

persons and entities, as well as the participation
therein of members of the Bar, and recommend ways
and means for the elimination and prevention of
unauthorized practice of law.
SEC. 65. Committee on Law Reporting. This
committee shall examine and appraise methods of
reporting and disseminating legislation, presidential
decrees, court decisions, the Rules of Court, and
decisions of administrative tribunals and agencies, with
particular emphasis on the correction of deficiencies;
conduct a continuing study and evaluation of
corresponding trends and reforms in other jurisdictions;
and submit appropriate recommendations thereon.
SEC. 66. Public Statements. No committee or member
thereof shall publicly express any opinion or conclusion
respecting the assigned functions or work of the
committee without previous authorization from the
Board of Governors or the Executive Committee.
SEC. 67. Finances of committees. Every committee
shall file with the Secretary of the Integrated Bar a
detailed statement setting forth necessary data on the
funds required in connection with its work for
consideration and action by the Board of Governors. No
committee shall incur any obligation payable by the
Integrated Bar without the Boards prior approval.
ARTICLE IX (Sections 68 to 75) FISCAL CONTROL

SEC. 68. Fiscal Year. The Integrated Bar shall operate
on fiscal year beginning on January 1 and ending on
December 31 of each year. (As amended pursuant to
Bar Matter No. 668)
SEC. 69. Budget Committee. The President, with the
approval of the Board of Governors, shall appoint a
budget committee consisting of not less than three or
more than five Governors, with the Executive Vice
President as Chairman, whose responsibility shall be
the preparation of the annual budget.
SEC. 70. Preparation and approval of the budget. The
preparation, consideration, approval and publication of
the budget shall be in accordance with rules and
regulations prescribed by the Board.
SEC. 71. Automatic re-enactment. If by the end of any
fiscal year the Board shall have failed to pass the
budget for the ensuing fiscal year, the budget for the
preceding fiscal year shall be deemed re-enacted and
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shall remain in force and effect until a new budget is

adopted by the Board.
SEC. 72. Amendments to the Budget. The Board may
from time to time amend the budget in order to
provide funds for necessary expenditures: Provided,
however, that the total of the increases made in the
items of the budget, including new items created by
such amendments, shall not exceed ten per cent of the
total estimated income of the Integrated Bar for the
current fiscal year. If the proposed amendments shall
cause the total of the increases and the new items to
exceed such limitation, the same procedure required
for the adoption of the original budget shall be
followed.
ARTICLE XII
(Section 78) EFFECTIVITY
SEC. 78. Effectivity. These By-Laws shall take effect
on November 1, 1974.
SEC. 73. Disbursements. No disbursements shall be

made except in accordance with the budget.
SEC. 74. Unexpended balances. All unexpended
balances of appropriations shall revert at the end of
every fiscal year to the funds from which they were
appropriated.
SEC. 75. Accounting and audit. The Board shall cause
books of accounts to be kept and maintained in
accordance with sound accounting practices. An annual
external audit of all funds, accounts, receipts and
disbursement of the Integrated Bar shall be made
without delay after the end of every fiscal year. A
summary of such audit shall be published in the
following September issue of the Journal of the
Integrated Bar.
ARTICLE X
(Section 76) JOURNAL
SEC. 76. Journal of the Integrated Bar. The Board of
Governors shall cause to be published a quarterly
Journal, and to this end shall be assisted by a board of
editorial consultants, and members of which shall be
appointed by the President, with the consent of the
Board. The editorial consultants shall hold office at the
pleasure of the Board.
Every member of the Integrated Bar is entitled to
receive a free copy of every issue of the Journal.
ARTICLE XI
(Section 77) AMENDMENTS
SEC. 77. Amendments. These By-Laws may be
amended, modified or repealed by the Supreme Court
motu proprio or upon the recommendation of the Board
of Governors.
RULE 139-B
DISBARMENT AND DISCIPLINE OF

ATTORNEYS
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SECTION 1. How Instituted. - Proceedings for the

disbarment, suspension, or discipline of attorneys may
be taken by the Supreme Court motu proprio, or by the
Integrated Bar of the Philippines (IBP) upon the verified
complaint of any person. The complaint shall state
clearly and concisely the facts complained of and shall
be supported by affidavits of persons having personal
knowledge of the facts therein alleged and/or by such
documents as may substantiate said facts.The IBP
Board of Governors may, motu proprio or upon referral
by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and
prosecute proper charges against erring attorneys
including those in the government service. Six (6)
copies of the verified complaint shall be filed with the
Secretary of the IBP or the Secretary of any of its
chapters who shall forthwith transmit the same to the
IBP Board of Governors for assignment to an
investigator.
A. PROCEEDING IN THE INTEGRATED BAR OF THE
PHILIPPINES
SEC. 2. National Grievance Investigators. - The Board of
Governors shall appoint from among the IBP members
an Investigator or, when special circumstances so
warrant, a panel of three (3) investigators to
investigate the complaint. All investigators shall take
an oath of office in the form prescribed by the Board of
Governors. A copy of the Investigators appointment
and oath shall be transmitted to the Supreme Court. An
Investigator may be disqualified by reason of
relationship within the fourth degree of consanguinity
or affinity to any of the parties or their counsel,
pecuniary interest, personal bias, or his having acted
as counsel for either party, unless the parties sign and
enter upon the record their written consent to his
acting as such Investigator. Where the Investigator
does not disqualify himself, a party may appeal to the
IBP Board of Governors, which by majority vote of the
members present, there being a quorum, may order his
disqualification. An Investigator may also be removed
for cause, after due hearing, by the vote of at least six
(6) members of the IBP Board of Governors. The
decision of the Board of Governors in all cases of
disqualification or removal shall be final.
SEC. 3. Duties of the National Grievance Investigator. The National Grievance Investigators shall investigate
all complaints against members of the Integrated Bar
referred to them by the IBP Board of Governors.
SEC. 4. Chapter assistance to complainant. - The
proper IBP Chapter may assist the complainant[s] in
the preparation and filing of his complaints.
SEC. 5. Service or dismissal. - If the complaint appears

to be meritorious, the Investigator shall direct that a
copy thereof be served upon the respondent, requiring
him to answer the same within fifteen (15) days from
the date of service. If the complaint does not merit
action, or if the answer shows to the satisfaction of the
Investigator that the complaint is not meritorious, the
same may be dismissed by the Board of Governors
upon his recommendation. A copy of the resolution of
dismissal shall be furnished the complainant and the
Supreme Court which may review the case motu
proprio or upon timely appeal of the complainant filed
within 15 days from notice of the dismissal of the
complaint. No investigation shall be interrupted or
terminated by reason of the distance, settlement,
compromise, restitution, withdrawal of the charges, or
failure of the complaint to prosecute the same, unless
the Supreme Court motu proprio or upon
recommendation of the IBP Board of Governors,
determines that there is no compelling reason to
continue with the disbarment or suspension
proceedings against the respondent. (Amendment
pursuant to Supreme Court Resolution dated May 27,
1993 re Bar Matter 356)
SEC. 6. Verification and service of answer. - The answer
shall be verified. The original and five (5) legible copies
of the answer shall be filed with the Investigator, with
proof of service of a copy thereof on the complainant
or his counsel.
SEC. 7. Administrative counsel. - The IBP Board of
Governors shall appoint a suitable member of the
Integrated Bar as counsel to assist the complainant or
the respondent during the investigation in case of need
for such assistance.
SEC. 8. Investigation. - Upon joinder of issues or upon
failure of the respondent to answer, the Investigator
shall, with deliberate speed, proceed with the
investigation of the case. He shall have the power to
issue subpoenas and administer oaths. The respondent
shall be given full opportunity to defend himself, to
present witnesses on his behalf, and be heard by
himself and counsel. However, if upon reasonable
notice, the respondent fails to appear, the investigation
shall proceed ex parte.
The Investigator shall terminate the investigation
within three(3) months from the date of its
commencement, unless extended for good cause by
the Board of Governors upon prior application. Willful
failure or refusal to obey a subpoena or any other
lawful order issued by the Investigator shall be dealt
with as for indirect contempt of court. The
corresponding charge shall be filed by the Investigator
before the IBP Board of Governors which shall require
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the alleged contemnor to show cause within ten (10)

days from notice. The IBP Board of Governors may
thereafter conduct hearings, if necessary, in
accordance with the procedure set forth in the Rule for
hearings before the Investigator. Such hearing shall as
far as practicable be terminated within fifteen (15)
days from its commencement. Thereafter, the IBP
Board of Governors shall within a like period of fifteen
(15) days issue a resolution setting forth its findings
and recommendation, which shall forthwith be
transmitted to the Supreme Court for final action and if
warranted, the imposition of penalty.
SEC. 9. Depositions. - Depositions may be taken in
accordance with Rules of Court with leave of the
Investigators.
Within the Philippines, depositions may be taken before
any member of the Board of Governors, the President
of any Chapter, or any officer authorized by law to
administer oaths.
Depositions may be taken outside the Philippines
before a diplomatic or consular representative of the
Philippine Government or before any person agreed
upon by the parties or designated by the Board of
Governors.
Any suitable member of the Integrated Bar in the place
where a deposition shall be taken may be designated
by the Investigator to assist the complainant or the
respondent in taking a deposition.
SEC. 10. Report of Investigator. - Not later than thirty
(30) days from the termination of the investigation, the
Investigator shall submit a report containing his
findings of fact and recommendations to the IBP Board
of Governors, together with the stenographic notes and
the transcript thereof, and all the evidence presented
during the investigation. The submission of the report
need not await the transcription of the stenographic
notes, it being sufficient that the report reproduce
substantially from the Investigators personal notes
any relevant and pertinent testimonies.
SEC. 11. Defects. - No defect in a complaint, notice,
answer, or in the proceeding or the Investigators
Report shall be considered as substantial unless the
Board of Governors, upon considering the whole
record, finds that such defect has resulted or may
result in a miscarriage of justice, in which event the
Board shall take remedial action as the circumstances
may warrant, including invalidation of the entire
proceedings.
SEC. 12. Review and decision by the Board of
Governors. (a) Every case heard by an investigator shall be
reviewed by the IBP Board of Governors upon the
record and evidence transmitted to it by the

Investigator with his report. The decision of the Board
upon such review shall be in writing and shall clearly
and distinctly state the facts and the reasons on which
it is based. It shall be promulgated within a period not
exceeding thirty (30) days from the next meeting of
the Board following the submittal of the Investigators
report.
(b) If the Board, by the vote of a majority of its total
membership, determines that the respondent should
be suspended from the practice of law or disbarred, it
shall issue a resolution setting forth its findings and
recommendations which, together with the whole
record of the case, shall forthwith be transmitted to the
Supreme Court for final action.
(c) If the respondent is exonerated by the Board or the
disciplinary sanction imposed by it is less than
suspension or disbarment (such as admonition,
reprimand, or fine) it shall issue a decision exonerating
respondent or imposing such sanction. The case shall
be deemed terminated unless upon petition of the
complainant or other interested party filed with the
Supreme Court within fifteen (15) days from notice of
the Boards resolution, the Supreme Court orders
otherwise.
(d) Notice of the resolution or decision of the Board
shall be given to all parties through their counsel. A
copy of the same shall be transmitted to the Supreme
Court.
B. PROCEEDINGS IN THE SUPREME COURT
SEC. 13. Supreme Court Investigators. - In proceedings
initiated motu proprio by the Supreme Court or in other
proceedings when the interest of justice so requires,
the Supreme Court may refer the case for investigation
to the Solicitor General or to any officer of the Supreme
Court or judge of a lower court, in which case the
investigation shall proceed in the same manner
provided in Sections 6 to 11 hereof, save that the
review of the report of investigation shall be conducted
directly by the Supreme Court.
SEC. 14. Report of the Solicitor General or other Courtdesignated Investigator. - Based upon the evidence
adduced at the investigation, the Solicitor General or
other Investigator designated by the Supreme Court
shall submit to the Supreme Court a report containing
his findings of fact and recommendations together with
the record and all the evidence presented in the
investigation for the final action of the Supreme Court.
C. COMMON PROVISIONS
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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.
INTEGRATED BAR OF THE

PHILIPPINES
COMMISSION ON BAR DISCIPLINE
GUIDELINES FOR IMPOSING
LAWYER SANCTIONS
A.PURPOSE AND NATURE OF SANCTIONS
1.1 Purpose of Lawyer Discipline Proceedings
The purpose of lawyer discipline proceedings is to
protect the public and the administration of justice
from lawyers who have not discharged, will not
discharge, or are unlikely to discharge properly their
professional duties to clients, the public, the legal
system, and the legal profession.
1.2 Public Nature of Lawyer Discipline
Proceedings
Upon the filing and service of formal charges, lawyer
discipline proceedings should be public, and disposition
of lawyer discipline should be public in cases of
disbarment, suspension, and reprimand. Only in cases
of minor misconduct, when there is little or no injury to
a client, the public, the legal system, or the profession,
and when there is little likelihood of repetition by the
lawyer, should private discipline be imposed.
1.3 Purpose of These Standards
These standards are designed for use in imposing a
sanction or sanctions following a determination by
clear and convincing evidence that a member of the
legal profession has violated a provision of the Code of
Professional Responsibility. Descriptions in these
standards of substantive disciplinary offenses are not
intended to create grounds for determining culpability
independent of the Code of Professional Responsibility.
The Standards constitute a model, setting forth a
comprehensive system for determining sanctions,
permitting flexibility and creativity in assigning
sanctions in particular cases of lawyer misconduct.
They are designed to promote: (1) consideration of all
factors relevant to imposing the appropriate level of
sanction in an individual case; (2) consideration of the
appropriate weight of such factors in light of the stated
goals of lawyer discipline; (3) consistency in the
imposition of disciplinary sanctions for the same or
similar offenses within and among jurisdictions.
B. SANCTIONS
2.1 Scope
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A disciplinary sanction is imposed on a lawyer upon a

finding or acknowledgment that the lawyer has
engaged in professional misconduct.
2.2 Disbarment
Disbarment terminates the individuals status as a
lawyer. Where disbarment is not permanent,
procedures should be established for a lawyer who has
been disbarred to apply for readmission, provided that:
(1) no application should be considered for five years
from the effective date of disbarment; and
(2) the petitioner must show by clear and convincing
evidence:
(a) successful completion of the bar examination;
(b) compliance with all applicable discipline or
disability orders or rules; and
(c) rehabilitation and fitness to practice law.
2.3 Suspension
Suspension is the removal of a lawyer from the
practice of law for a specified minimum period of time.
Generally, suspension should be for a period of time
equal to or greater than six months, but in no event
should the time period prior to application for
reinstatement be more than three years. Procedures
should be established to allow a suspended lawyer to
apply for reinstatement, but a lawyer who has been
suspended should not be permitted to return to
practice until he has completed a reinstatement
process demonstrating rehabilitation, compliance with
all applicable discipline or disability orders and rules,
and fitness to practice law.
2.4 Interim Suspension
Interim suspension is the temporary suspension of a
lawyer from the practice of law pending imposition of
final discipline. Interim suspension includes:
(a) suspension upon conviction of a serious crime or,
(b) suspension when the lawyers continuing conduct is
or is likely to cause immediate and serious injury to a
client or the public.
2.5 Reprimand
Reprimand, also known as censure or public censure, is
a form of public discipline which declares the conduct
of the lawyer improper, but does not limit the lawyers
right to practice.
2.6 Admonition
Admonition, also known as private reprimand, is a form
of non-public discipline which declares the conduct of
the lawyer improper, but does not limit the lawyers
right to practice.
2.7 Probation
Probation is a sanction that allows a lawyer to practice
law under specified conditions. Probation can be
imposed alone or in conjunction with a reprimand or an
admonition; probation can also be imposed as a
condition of readmission or reinstatement.
2.8 Other Sanctions and Remedies

Other sanctions and remedies which may be imposed
include:
(a) restitution,
(b) assessment of costs,
(c) limitation upon practice,
(d) appointment of a receiver,
(e) requirement that the lawyer take the bar
examination or professional responsibility examination,
(f) requirement that the lawyer attend continuing
education courses, and
(g) other requirements that the states highest court or
disciplinary board deems consistent with the purposes
of lawyer sanctions.
2.9 Reciprocal Discipline
Reciprocal discipline is the imposition of a disciplinary
sanction for conduct for which a lawyer has been
disciplined in another jurisdiction.
2.10 Readmission and Reinstatement
In jurisdictions where disbarment is not permanent,
procedures should be established to allow a disbarred
lawyer to apply for readmission. Procedures should be
established to allow a suspended lawyer to apply for
reinstatement.
C. FACTORS TO BE CONSIDERED IN
IMPOSING SANCTIONS
3.0 Generally
In imposing a sanction after a finding of lawyer
misconduct, a court should consider the following
factors:
(a) the duty violated;
(b) the lawyers mental state; and
(c) the actual or potential injury caused by the lawyers
misconduct; and
(d) the existence of aggravating or mitigating factors.
4.0 Violations of Duties Owed to Clients
4.1 Failure to Preserve the Clients Property
Absent aggravating or mitigating circumstances, upon
application of the factors set out in 3.0, the following
sanctions are generally appropriate in cases involving
the failure to preserve client property:
4.11 Disbarment is generally appropriate when a
lawyer knowingly converts client property and causes
injury or potential injury to a client.
4.12 Suspension is generally appropriate when a
lawyer knows or should know that he is dealing
improperly with client property and causes injury or
potential injury to a client.
4.13 Reprimand is generally appropriate when a lawyer
is negligent in dealing with client property and causes
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4.14 Admonition is generally appropriate when a

lawyer is negligent in dealing with client property and
causes little or no actual or potential injury to a client.
4.2 Failure to Preserve the Clients Confidences
application of the factors set out in 3.0, the following
sanctions are generally appropriate in cases involving
the failure to preserve client property:
lawyer, with the intent to benefit the lawyer or another,
knowingly reveals information relating to
representation of a client not otherwise lawfully
permitted to be disclosed, and this disclosure causes
lawyer knowingly reveals information relating to the
permitted to be disclosed, and this disclosure causes
negligently reveals information relating to
permitted to be disclosed and this disclosure causes
lawyer negligently reveals information relating to
permitted to be disclosed and this disclosure causes
little or no actual or potential injury to a client.
4.3 Failure to Avoid Conflicts of Interest
application of the factors set out in Standard 3.0, the
following sanctions are generally appropriate in cases
involving conflicts of interest:
lawyer, without the informed consent of client(s):
(a) engages in representation of a client knowing that
the lawyers interests are adverse to the clients with
the intent to benefit the lawyer or another, and causes
serious or potentially serious injury to the client; or
(b) simultaneously represents clients that the lawyer
knows have adverse interests with the intent to benefit
the lawyer or another, and causes serious or
potentially serious injury to a client; or
(c) represents a client in a matter substantially related
to a matter in which the interests of a present or
former client are materially adverse, and knowingly
uses information relating to the representation of a
client with the intent to benefit the lawyer or another,
and causes serious or potentially serious injury to a
client.

lawyer knows of a conflict of interest and does not fully
disclose to a client the possible effect of that conflict,
and causes injury or potential injury to a client.
is negligent in determining whether the representation
of a client may be materially affected by the lawyers
own interests, or whether the representation will
adversely affect another client, and causes injury or
lawyer engages in an isolated instance of negligence in
determining whether the representation of a client may
be materially affected by the lawyers own interests, or
whether the representation will adversely affect
another client, and causes little or no actual or
4.4 Lack of Diligence
involving a failure to act with reasonable diligence and
promptness in representing a client:
4.41 Disbarment is generally appropriate when:
(a) a lawyer abandons the practice and causes serious
or potentially serious injury to a client; or
(b) a lawyer knowingly fails to perform services for a
client and causes serious or potentially serious injury to
a client; or
(c) a lawyer engages in a pattern of neglect with
respect to client matters and causes serious or
potentially serious injury to a client.
4.42 Suspension is generally appropriate when:
(a) a lawyer knowingly fails to perform services for a
client and causes injury or potential injury to a client;
or
(b) a lawyer engages in a pattern of neglect and
causes injury or potential injury to a client.
is negligent and does not act with reasonable diligence
in representing a client, and causes injury or potential
injury to a client.
lawyer is negligent and does not act with reasonable
diligence in representing a client, and causes little or
no actual or potential injury to a client.
4.5 Lack of Competence
application of the factor set out in Standard 3.0, the
involving failure to provide competent representation
to a client:
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lawyers course of conduct demonstrates that the
lawyer does not understand the most fundamental
legal doctrines or procedures, and the lawyers conduct
causes injury or potential injury to a client.
adversely on the lawyers honesty, trustworthiness, or

fitness as a lawyer in other respects, or in cases with
conduct involving dishonesty, fraud, deceit, or
misrepresentation:
5.11 Disbarment is generally appropriate when:

lawyer engages in an area of practice in which the
lawyer knows he or she is not competent, and causes
4.53 Reprimand is generally appropriate when a
lawyer:
(a) demonstrates failure to understand relevant legal
doctrines or procedures and causes injury or potential
injury to a client; or
(b) is negligent in determining whether he or she is
competent to handle a legal matter and causes injury
or potential injury to a client.
determining whether he or she is competent to handle
a legal matter, and causes little or no actual or
4.6 Lack of Candor Absent aggravating or
mitigating circumstances, upon application of
the factors set out in Standard 3.0, the following
sanctions are generally appropriate in cases
where the lawyer engages in fraud, deceit,
misrepresentation directed toward a client:
lawyer knowingly deceives a client with the intent to
benefit the lawyer or another, and causes serious
injury or potentially serious injury to a client.
lawyer knowingly deceives a client, and causes injury
or potential injury to the client.
negligently fails to provide a client with accurate or
complete information, and causes injury or potential
injury to the client.
failing to provide a client with accurate or complete
information, and causes little or no actual or potential
injury to the client.
5.0 Violations of Duties Owed to the Public
5.1 Failure to Maintain Personal Integrity
application of the facts set out in Standard 3.0, the
involving commission of a criminal act that reflects
(a) a lawyer engages in serious criminal conduct, a

necessary element of which includes intentional
interference with the administration of justice, false
swearing, misrepresentation, fraud, extortion,
misappropriation, or theft; or the sale, distribution or
importation of controlled substances; or the intentional
killing of another; or an attempt or conspiracy or
solicitation of another to commit any of these offenses;
or
(b) a lawyer engages in any other intentional conduct
involving dishonesty, fraud, deceit, or
misrepresentation that seriously adversely reflects on
the lawyers fitness to practice.
lawyer knowingly engages in criminal conduct which
does not contain the elements listed in Standard 5.11
and that seriously adversely reflects on the lawyers
fitness to practice.
knowingly engages in any other conduct that involves
dishonesty, fraud, deceit, or misrepresentation and
that adversely reflects on the lawyers fitness to
practice law.
lawyer engages in any other conduct that reflects
adversely on the lawyers fitness to practice law.
5.2 Failure to Maintain the Public Trust Absent
aggravating or mitigating circumstances, upon
involving public officials who engage in conduct that is
prejudicial to the administration of justice or who state
or imply an ability to influence improperly a
government agency or official:
lawyer in an official or governmental position
knowingly misuses the position with the intent to
obtain a significant benefit or advantage for himself or
another, or with the intent to cause serious or
potentially serious injury to a party or to the integrity
of the legal process.
lawyer in an official or governmental position
knowingly fails to follow proper procedures or rules,
and causes injury or potential injury to a party or to the
integrity of the legal process.
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in an official or governmental position negligently fails
to follow proper procedures or rules, and causes injury
or potential injury to a party or to the integrity of the
legal process.
lawyer in an official or governmental position engages
in an isolated instance of negligence in not following
proper procedures or rules, and causes little or no
actual or potential injury to a party or to the integrity of
the legal process.
6.0 Violations of Duties Owed to the Legal
System
6.1 False Statements, Fraud, and Misrepresentation
involving conduct that is prejudicial to the
administration of justice or that involves dishonesty,
fraud, deceit, or misrepresentation to a court:
lawyer, with the intent to deceive the court, makes a
false statement, submits a false document, or
improperly withholds material information, and causes
serious or potentially serious injury to a party, or
causes a significant or potentially significant adverse
effect on the legal proceeding.
lawyer knows that false statements or documents are
being submitted to the court or that material
information is improperly being withheld, and takes no
remedial action, and causes injury or potential injury to
a party to the legal proceeding, or causes an adverse
or potentially adverse effect on the legal proceeding.
is negligent either in determining whether statements
or documents are false or in taking remedial action
when material information is being withheld, and
causes injury or potential injury to a party to the legal
proceeding, or causes an adverse or potentially
adverse effect on the legal proceeding.
lawyer engages in an isolated instance of neglect in
determining whether submitted statements or
documents are false or in failing to disclose material
information upon learning of its falsity, and causes little
or no actual or potential injury to a party, or causes
little or no adverse or potentially adverse effect on the
legal proceeding.
6.2 Abuse of the Legal Process
involving failure to expedite litigation or bring a
meritorious claim, or failure to obey any obligation

under the rules of a tribunal except for an open refusal
based on an assertion that no valid obligation exists:
lawyer knowingly violates a court order or rule with the
intent to obtain a benefit for the lawyer or another, and
causes serious injury or potentially serious injury to a
party, or causes serious or potentially serious
interference with a legal proceeding.
6.22 Suspension is appropriate when a lawyer knows
that he is violating a court order or rule, and there is
injury or potential injury to a client or a party, or
interference or potential interference with a legal
proceeding.
negligently fails to comply with a court order or rule,
and causes injury or potential injury to a client or other
party, or causes interference or potential interference
with a legal proceeding.
complying with a court order or rule, and causes little
or no actual or potential injury to a party, or causes
little or no actual or potential interference with a legal
proceeding.
6.3 Improper Communications With Individuals in
the Legal System
involving attempts to influence a judge, juror,
prospective juror or other official by means prohibited
by law:
lawyer:
(a) intentionally tampers with a witness and causes
serious or potentially serious injury to a party, or
causes significant or potentially significant interference
with the outcome of the legal proceeding; or
(b) makes an ex parte communication with a judge or
juror with intent to affect the outcome of the
proceeding, and causes serious or potentially serious
injury to a party, or causes significant or potentially
significant interference with the outcome of the legal
proceeding; or
(c) improperly communicates with someone in the legal
system other than a witness, judge, or juror with the
intent to influence or affect the outcome of the
proceeding, and causes significant or potentially
significant interference with the outcome of the legal
proceeding.
lawyer engages in communication with an individual in
the legal system when the lawyer knows that such
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communication is improper, and causes injury or

potential injury to a party or causes interference or
potential interference with the outcome of the legal
proceeding.
is negligent in determining whether it is proper to
engage in communication with an individual in the
legal system, and causes injury or potential injury to a
party or interference or potential interference with the
outcome of the legal proceeding.
improperly communicating with an individual in the
legal system, and causes little or no actual or potential
injury to a party, or causes little or no actual or
potential inference with the outcome of the legal
proceeding.
8.2 Suspension is generally appropriate when a lawyer

has been reprimanded for the same or similar
misconduct and engages in further acts of misconduct
that cause injury or potential injury to a client, the
public, the legal system, or the profession.
8.3 Reprimand is generally appropriate when a lawyer:
(a) negligently violates the terms of a prior disciplinary
order and such violation causes injury or potential
injury to a client, the public, the legal system, or the
profession; or
(b) has received an admonition for the same or similar
misconduct and engages in further acts of misconduct
that cause injury or potential injury to a client, the
public, the legal system, or the profession.
8.4 An admonition is generally not an appropriate
sanction when a lawyer violates the terms of a prior
disciplinary order or when a lawyer has engaged in the
same or similar misconduct in the past.
7.0 Violations of Duties Owed to the Profession

9.0 Aggravation and Mitigation
7.1 Disbarment is generally appropriate when a lawyer
knowingly engages in conduct that is a violation of a
duty owed to the profession with the intent to obtain a
benefit for the lawyer or another, and causes serious or
potentially serious injury to a client, the public, or the
legal system.
7.2 Suspension is generally appropriate when a lawyer
knowingly engages in conduct that is a violation of a
duty owed to the profession, and causes injury or
potential injury to a client, the public, or the legal
system.
negligently engages in conduct that is a violation of a
duty owed to the profession, and causes injury or
potential injury to a client, the public, or the legal
system.
7.4 Admonition is generally appropriate when a lawyer
engages in an isolated instance of negligence in
determining whether the lawyers conduct violates a
duty owed to the profession, and causes little or no
actual or potential injury to a client, the public, or the
legal system.
8.0 Prior Discipline Orders
8.1 Disbarment is generally appropriate when a lawyer:
(a) intentionally or knowingly violates the terms of a
prior disciplinary order and such violation causes injury
or potential injury to a client, the public, the legal
system, or the profession; or
(b) has been suspended for the same or similar
misconduct, and intentionally or knowingly engages in
further acts of misconduct that cause injury or
potential injury to a client, the public, the legal system,
or the profession.
9.1 Generally After misconduct has been established,

aggravating and mitigating circumstances may be
considered in deciding what sanction to impose
9.2 Aggravation
9.21 Definition. Aggravation or aggravating
circumstances are any considerations, or factors that
may justify an increase in the degree of discipline to be
imposed.
9.22 Factors which may be considered in aggravation.
Aggravating factors include:
(a) prior disciplinary offenses;
(b) dishonest or selfish motive;
(c) a pattern of misconduct;
(d) multiple offenses;
(e) bad faith obstruction of the disciplinary proceeding
by intentionally failing to comply with rules or orders of
the disciplinary agency;
(f) submission of false evidence, false statements, or
other deceptive practices during the disciplinary
process;
(g) refusal to acknowledge wrongful nature of conduct;
(h) vulnerability of victim;
(i) substantial experience in the practice of law;
(j) indifference to making restitution.
9.3 Mitigation
9.31 Definition. Mitigation or mitigating circumstances
are any considerations or factors that may justify a
reduction in the degree of discipline to be imposed.
9.32 Factors which may be considered in mitigation.
Mitigating factors include:
(a) absence of a prior disciplinary record;
(b) absence of a dishonest or selfish motive;
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(c) personal or emotional problems;

(d) timely good faith effort to make restitution or to
rectify consequences of misconduct;
(e) full and free disclosure to disciplinary board or
cooperative attitude toward proceedings;
(f) inexperience in the practice of law;
(g) character or reputation;
(h) physical or mental disability or impairment;
(i) delay in disciplinary proceedings;
(j) interim rehabilitation;
(k) imposition of other penalties or sanctions;
(l) remorse;
(m) remoteness of prior offenses.
9.4 Factors Which Are Neither Aggravating Nor
Mitigating. The following factors should not be
considered as either aggravating or mitigating:
(a) forced or compelled restitution;
(b) agreeing to the clients demand for certain
improper behavior or result;
(c) withdrawal of complaint against the lawyer;
(d) resignation prior to completion of disciplinary
proceedings;
(e) complainants recommendation as to sanction;
(f) failure of injured client to complain.
AR MATTER NO. 850
RE: MANDATORY CONTINUING LEGAL

EDUCATION
RESOLUTION ADOPTING THE
REVISED RULES ON THE CONTINUING
LEGAL EDUCATION FOR MEMBERS OF
THE INTEGRATED BAR OF THE
PHILIPPINES
Considering the Rules on the Mandatory Continuing
Legal Education (MCLE) for members of the Integrated
Bar of the Philippines (IBP), recommended by the IBP,
endorsed by the Philippine Judicial Academy, and
reviewed and passed upon by the Supreme Court
Committee on Legal Education, the Court hereby
resolves to approve, as it hereby approves, the
following Revised Rules for proper implementation:
Rule 1. PURPOSE
SECTION 1. Purpose of the MCLE. Continuing legal
education is required of members of the Integrated Bar
of the Philippines (IBP) to ensure that throughout their
career, they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance the
standards of the practice of law.
Rule 2. MANDATORY CONTINUING LEGAL
EDUCATION
SECTION 1. Commencement of the MCLE. Within two
(2) months from the approval of these Rules by the
Supreme Court En Banc, the MCLE Committee shall be

constituted and shall commence the implementation of
the Mandatory Continuing Legal Education (MCLE)
program in accordance with these Rules.
SEC. 2. Requirements of completion of MCLE.
Members of the IBP not exempt under Rule 7 shall
complete every three (3) years at least thirty-six (36)
hours of continuing legal education activities approved
by the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal
ethics equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial and
pretrial skills equivalent to four (4) credit units.
(c) At least five (5) hours shall be devoted to
alternative dispute resolution equivalent to five (5)
credit units.
(d) At least nine (9) hours shall be devoted to updates
on substantive and procedural laws, and jurisprudence
equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy equivalent to four (4) credit
units.
(f) At least two (2) hours shall be devoted to
international law and international conventions
equivalent to two (2) credit units.
(g) The remaining six (6) hours shall be devoted to
such subjects as may be prescribed by the MCLE
Committee equivalent to six (6) credit units.
Rule 3. COMPLIANCE PERIOD
SECTION 1. Initial compliance period. The initial
compliance period shall begin not later than three (3)
months from the adoption of these Rules. Except for
the initial compliance period for members admitted or
readmitted after the establishment of the program, all
compliance periods shall be for thirty-six (36) months
and shall begin the day after the end of the previous
compliance period.
SEC. 2. Compliance Groups. Members of the IBP not
exempt from the MCLE requirement shall be divided
into three (3) compliance groups, namely:
(a) Compliance group 1. Members in the National
Capital Region (NCR) or Metro Manila are assigned to
Compliance Group 1.
(b) Compliance group 2. Members in Luzon outside
NCR are assigned to Compliance Group 2.
(c) Compliance group 3. Members in Visayas and
Mindanao are assigned to Compliance Group 3.
Nevertheless, members may participate in any legal
education activity wherever it may be available to earn
credit unit toward compliance with the MCLE
requirement.
SEC. 3. Compliance period of members admitted or
readmitted after establishment of the program.
Members admitted or readmitted to the Bar after the
establishment of the program shall be assigned to the
appropriate Compliance Group based on their Chapter
membership on the date of admission or readmission.
The initial compliance period after admission or
readmission shall begin on the first day of the month of
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admission or readmission and shall end on the same

day as that of all other members in the same
Compliance Group.
(a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, the
member is not required to comply with the program
requirement for the initial compliance.
(b) Where more than four (4) months remain of the
initial compliance period after admission or
readmission, the member shall be required to complete
a number of hours of approved continuing legal
education activities equal to the number of months
remaining in the compliance period in which the
member is admitted or readmitted. Such member shall
be required to complete a number of hours of
education in legal ethics in proportion to the number of
months remaining in the compliance period. Fractions
of hours shall be rounded up to the next whole number.
Rule 4. COMPUTATION OF CREDIT UNITS (CU)
SECTION1. Guidelines. CREDIT UNITS ARE
EQUIVALENT TO CREDIT HOURS. CREDIT UNITS
measure compliance with the MCLE requirement under
the Rules, based on the category of the lawyers
participation in the MCLE activity. The following are the
guidelines for computing credit units and the
supporting documents required there for:
Rule 5. CATEGORIES OF CREDIT UNITS
SECTION1. Classes of credit units. Credit units are
either participatory or non-participatory.
SEC.2. Claim for participatory credit units.
Participatory credit units may be claimed for:
(a) Attending approved education activities like
seminars, conferences, conventions, symposia, inhouse education programs, workshops, dialogues or
round table discussion.
(b) Speaking or lecturing, or acting as assigned
panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved
education activities.
(c) Teaching in a law school or lecturing in a bar review
class.
SEC.3. Claim for non-participatory credit units. Nonparticipatory credit units may be claimed per
compliance period for:
(a) Preparing, as an author or co-author, written
materials published or accepted for publication, e.g., in
the form of an article, chapter, book, or book review
which contribute to the legal education of the author
member, which were not prepared in the ordinary
course of the members practice or employment.
(b) Editing a law book, law journal or legal newsletter.
Rule 6. COMPUTATION OF CREDIT HOURS (CH)
education activity in hours to the nearest one-quarter

hour reported in decimals.
Rule 7. EXEMPTIONS
SECTION1. Parties exempted from the MCLE. The
following members of the Bar are exempt from the
MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and Undersecretaries
of Executive Departments;
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar
Council and incumbent court lawyers covered by the
Philippine Judicial Academy program of continuing
judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and
Assistant Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitors
General;
(f) The Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional
Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman,
the Deputy Ombudsmen and the Special Prosecutor of
the Office of the Ombudsman;
(i) Heads of government agencies exercising quasijudicial functions;
(j) Incumbent deans, bar reviewers and professors of
law who have teaching experience for at least ten (10)
years in accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of
the Corps of Professors and Professorial Lecturers of
the Philippine Judicial Academy; and
(l) Governors and Mayors.
SEC.2. Other parties exempted from the MCLE. The
following Members of the Bar are likewise exempt:
(a) Those whos are not in law practice, private or
public.
(b) Those who have retired from law practice with the
approval of the IBP Board of Governors.
SEC.3. Good cause for exemption from or modification
of requirement. A member may file a verified request
setting forth good cause for exemption (such as
physical disability, illness, post graduate study abroad,
proven expertise in law, etc.) from compliance with or
modification of any of the requirements, including an
extension of time for compliance, in accordance with a
procedure to be established by the MCLE Committee.
SEC.4. Change of status. The compliance period shall
begin on the first day of the month in which a member
ceases to be exempt under Sections 1, 2, or 3 of this
Rule and shall end on the same day as that of all other
members in the same Compliance Group.
SECTION1. Computation of credit hours. Credit hours

are computed based on actual time spent in an
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SEC.5. Proof of exemption. Applications for exemption

from or modification of the MCLE requirement shall be
under oath and supported by documents.
Rule 8. STANDARDS FOR APPROVAL OF
EDUCATION ACTIVITIES
SECTION1. Approval of MCLE program. Subject to the
implementing regulations that may be adopted by the
MCLE Committee, continuing legal education program
may be granted approval in either of two (2) ways: (1)
the provider of the activity is an accredited provider
and certifies that the activity meets the criteria of
Section 2 of this Rule; and (2) the provider is
specifically mandated by law to provide continuing
legal education.
SEC. 2. Standards for all education activities. All
continuing legal education activities must meet the
following standards:
(a) The activity shall have significant current
intellectual or practical content.
(b) The activity shall constitute an organized program
of learning related to legal subjects and the legal
profession, including cross profession activities (e.g.,
accounting-tax or medical-legal) that enhance legal
skills or the ability to practice law, as well as subjects
in legal writing and oral advocacy.
(c) The activity shall be conducted by a provider with
adequate professional experience.
(d) Where the activity is more than one (1) hour in
length, substantive written materials must be
distributed to all participants. Such materials must be
distributed at or before the time the activity is offered.
(e) In-house education activities must be scheduled at
a time and location so as to be free from interruption
like telephone calls and other distractions.
Rule 9. ACCREDITATION OF PROVIDERS
SECTION 1. Accreditation of providers. Accreditation
of providers shall be done by the MCLE Committee.
SEC. 2. Requirements for accreditation of providers.
Any person or group may be accredited as a provider
for a term of two (2) years, which may be renewed,
upon written application. All providers of continuing
legal education activities, including in-house providers,
are eligible to be accredited providers. Application for
accreditation shall:
(a) Be submitted on a form provided by the MCLE
Committee;
(b) Contain all information requested in the form;
(c) Be accompanied by the appropriate approval fee.
SEC.3. Requirements of all providers. All approved
accredited providers shall agree to the following:
(a) An official record verifying the attendance at the
activity shall be maintained by the provider for at least
four (4) years after the completion date. The provider
shall include the member on the official record of
attendance only if the members signature was
obtained at the time of attendance at the activity. The

official record of attendance shall contain the
members name and number in the Roll of Attorneys
and shall identify the time, date, location, subject
matter, and length of the education activity. A copy of
such record shall be furnished the MCLE COMMITTEE.
(b) The provider shall certify that:
(1) This activity has been approved BY THE MCLE
COMMITTEE in the amount of _______ hours of which
_____ hours will apply in (legal ethics, etc.), as
appropriate to the content of the activity;
(2) The activity conforms to the standards for approved
education activities prescribed by these Rules and such
regulations as may be prescribed by the MCLE
COMMITTEE.
(c) The provider shall issue a record or certificate to all
participants identifying the time, date, location, subject
matter and length of the activity.
(d) The provider shall allow in-person observation of all
approved continuing legal education activity by THE
MCLE COMMITTEE, members of the IBP Board of
Governors, or designees of the Committee and IBP
Staff Board for purposes of monitoring compliance with
these Rules.
(e) The provider shall indicate in promotional materials,
the nature of the activity, the time devoted to each
topic and identity of the instructors. The provider shall
make available to each participant a copy of THE MCLE
COMMITTEE-approved Education Activity Evaluation
Form.
(f) The provider shall maintain the completed
Education Activity Evaluation Forms for a period of not
less than one (1) year after the activity, copy furnished
the MCLE COMMITTEE.
(g) Any person or group who conducts an unauthorized
activity under this program or issues a spurious
certificate in violation of these Rules shall be subject to
appropriate sanctions.
SEC.4. Renewal of provider accreditation. The
accreditation of a provider may be renewed every two
(2) years. It may be denied if the provider fails to
comply with any of the requirements of these Rules or
fails to provide satisfactory education activities for the
preceding period.
SEC.5. Revocation of provider accreditation. The
accreditation of any provider referred to in Rule 9 may
be revoked by a majority vote of the MCLE Committee,
after notice and hearing and for good cause.
Rule 10. FEE FOR APPROVAL OF ACTIVITY AND
ACCREDITATION OF PROVIDER
SECTION1. Payment of fees. Application for approval
of an education activity or accreditation as a provider
requires payment of the appropriate fee as provided in
the Schedule of MCLE Fees.
Rule 11. GENERAL COMPLIANCE PROCEDURES
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SECTION1. Compliance card. Each member shall

secure from the MCLE Committee a Compliance Card
before the end of his compliance period. He shall
complete the card by attesting under oath that he has
complied with the education requirement or that he is
exempt, specifying the nature of the exemption. Such
Compliance Card must be returned to the Committee
not later than the day after the end of the members
compliance period.
SEC.2. Member record keeping requirement. Each
member shall maintain sufficient record of compliance
or exemption, copy furnished the MCLE Committee.
The record required to be provided to the members by
the provider pursuant to Section 3(c) of Rule 9 should
be a sufficient record of attendance at a participatory
activity. A record of non-participatory activity shall also
be maintained by the member, as referred to in Section
3 of Rule 5.
Rule 12. NON-COMPLIANCE PROCEDURES
SECTION 1. What constitutes non-compliance. The
following shall constitute non-compliance:
(a) Failure to complete the education requirement
within the compliance period;
(b) Failure to provide attestation of compliance or
exemption;
(c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt status)
within the prescribed period;
(d) Failure to satisfy the education requirement and
furnish evidence of such compliance within sixty (60)
days from receipt of non-compliance notice;
(e) Failure to pay non-compliance fee within the
prescribed period;
(f) Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
SEC.2. Non-compliance notice and 60-day period to
attain compliance. Members failing to comply will
receive a Non-Compliance Notice stating the specific
deficiency and will be given sixty (60) days from the
date of notification to file a response clarifying the
deficiency or otherwise showing compliance with the
requirements. Such notice shall contain the following
language near the beginning of the notice in capital
letters:
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 the current compliance period
requirement.
Rule 13. CONSEQUENCES OF NON-COMPLIANCE
SECTION 1. Non-compliance fee. A member who, for
whatever reason, is in non-compliance at the end of
the compliance period shall pay a non-compliance fee.
SEC. 2. Listing as delinquent member. A member who
fails to comply with the requirements after the sixty
(60) day period for compliance has expired, shall be
listed as a delinquent member of the IBP upon the
recommendation of the MCLE Committee. The
investigation of a member for non-compliance shall be
conducted by the IBPs 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
delinquent member.
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 units to
meet the requirement for the period of non-compliance
during the period the member is on inactive status.
These credit units may not be counted toward meeting
the current compliance period requirement. Credit
units earned 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.
SEC. 2. Termination of delinquent listing is an
administrative process. The termination of listing as a
delinquent member is administrative in nature AND it
shall be made by the MCLE Committee.
Rule. 15. COMMITTEE ON MANDATORY CONTINUING
LEGAL EDUCATION
IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF

COMPLIANCE WITH THE MCLE REQUIREMENT BY
(INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU
SHALL BE LISTED AS A DELINQUENT MEMBER AND
SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL
SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS
RECEIVED BY THE MCLE COMMITTEE.
Members given sixty (60) days to respond to a NonCompliance Notice may use this period to attain the
adequate number of credit units for compliance. Credit
units earned during this period may only be counted
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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.
SEC. 2. Duty of committee. The MCLE Committee
shall administer and adopt such implementing rules as
may be necessary subject to the approval of 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.
SEC. 3. Staff of the MCLE Committee. Subject to
approval by the Supreme Court, the MCLE Committee
shall employ such staff as may be necessary to
perform the record-keeping, auditing, reporting,
approval and other necessary functions.
SEC. 4. Submission of annual budget. The MCLE
Committee shall submit to the Supreme Court for
approval, an annual budget [for a subsidy] to establish,
operate and maintain the MCLE Program. This
resolution shall take effect on the fifteenth of
September 2000, following its publication in two (2)
newspapers of general circulation in the Philippines.
Adopted this 22nd day of August, 2000, as amended
on 02 October 2001.
GUIDELINES ON LEGAL AID

GUIDELINES GOVERNING THE
ESTABLISHMENT
AND OPERATION OF LEGAL AID
OFFICES IN ALL CHAPTERS OF THE
INTEGRATED BAR OF THE
PHILIPPINES
ARTICLE I
Section 1 to 5)
PUBLIC RESPONSIBILITY
SECTION. 1. Public service. Legal Aid is not a matter
of charity. It is a means for the correction of social
imbalances that may and often do lead to injustice, for
which reason it is a public responsibility of the Bar. The
spirit of public service should, therefore, underlie all
legal aid offices. The same should be so administered
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as to give maximum possible assistance to indigent

and deserving members of the community in all cases,
matters and situations in which legal aid may be
necessary to forestall an injustice.
SEC. 2. Chapter legal aid offices. To attain this
objective legal aid offices should be as close as
possible to those who are in need thereof-the masses.
Hence, every Chapter of the Integrated Bar must
establish and operate an adequate legal aid office.
SEC. 3. Notice of location. The specific address or
location of said office should be announced in a notice,
which shall be published as extensively as may be
possible.
SEC. 4. Officials to be notified. The following officials
shall also be furnished copies of said notice, with the
request that the same be given the widest possible
publicity, namely:
a. The Judges of all courts of justice, including such
other judicial or quasi-judicial organs, if any, as may be
performing their functions within the Province, City or
area thereof to which the jurisdiction of the IBP
extends;
b. The Clerks of Court of said courts, the Deputy Clerks
of Court of the Branches thereof, and the officers
performing equivalent duties in said courts or organs,
or in the division or branches thereof;
c. The Provincial Governor and the chief executives of
the cities, municipalities and other political
subdivisions within the province or within said cities
and/or municipalities;
d. The Provincial Commander of the Constabulary, the
Provincial Warden, the Chiefs of the City and/or
Municipal Police Forces, as well as the heads of such
other police, army and similar law-enforcing agencies,
if any, as may be stationed in said province, cities,
municipalities and/or other political subdivisions; and
e. Schools, churches and such other institutions,
organizations or persons as the Board of Officers of the
Chapter or the Executive Director of its Legal Aid Office
may deem fit.
SEC.5. Posting of notice. The aforementioned officers
discharging the duties of Clerks of Court and/or Deputy
Clerks of Court, or performing similar equivalent
functions, shall, moreover, be requested to post said
notice in their respective offices.
ARTICLE II
(Section 6)
AUTONOMY AND UNIFORMITY
SEC. 6. Autonomy and Uniformity. In the discharge of
their responsibilities, all Chapters shall enjoy maximum
local autonomy with the framework of uniform
guidelines, under the direction and supervision of the
National Committee on Legal Aid and subject to the
authority of the Board of Governors.
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.
4A
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
designate members of the Chapter to render services

in the office of the Committee, on a fair and equitable
rotation system, for counseling and consultation, as
often and for such periods as may be necessary or
expedient;
(l) With the approval of the Board of Officers, assign
specific legal aid cases or matters to carefully selected
members of the Chapter, provided that these
assignments shall be made in such a way that the
burden of the work is spread out as fairly and equitably
as possible among the members of the Chapter;
(m) Pass upon every request for legal aid, as provided
for in Articles VII and VIII of these Guidelines;
(n) When the interest of justice and expediency
demands it and the main part of the work involved in a
given case or matter is to be done within the territorial
jurisdiction of another Chapter, endorse and refer
thereto said case or matter;
(o) Keep itself informed on significant incidents and
developments in every case of legal aid, and take such
steps as may be necessary and proper to expedite the
final disposition thereof; and
(p) Submit to the Board of Officers and National
Committee on Legal Aid an annual report of its
operations, stating its composition an administrative
set-up, the number of cases handled and of
consultations attended to as well as the nature and
extent of the services rendered, the outcome and
status of the cases handled , the expenses required
and those incurred in each case, all income derived, if
any, in connection with said cases, the problems and
difficulties encountered, special projects undertaken or
to be undertaken, and particulars regarding the
financial condition of the Committee, with such
recommendations or suggestions as may be deemed fit
and proper.
SEC.12. Other powers and duties. Every Chapter
Legal Aid Committee shall have, also, such other
powers and duties as are or may be necessary or
proper for the attainment of objectives, subject to such
limitations or conditions as may, from time to time, be
imposed by the Chapter Board of Officers by the
President and/or the Board of Governors of the
Integrated Bar of the Philippines.
ARTICLE VII
(Sections 13 to 18)
PROCEDURE
SEC. 13. Requests, where filed. All requests for legal
aid shall be filed with the Chapter Legal Aid Committee
or with the National Committee on Legal Aid. The
National Committee on Legal Aid shall, as much as
possible, concentrate on cases of paramount
importance or national impact.
SEC. 14. Referral to Chapter Committee. Requests
received by the National Office of the Integrated Bar
shall be referred by the National Committee on Legal
Aid to the corresponding Chapter Legal Aid Committee
of the locality where the cases have to be filed or
4A
where the cases are pending. Moreover, the Chapter

President and the Chairman of the Chapters
Committee on Legal Aid shall be advised of such
referral.
SEC. 21. Merit test. The merit test seeks to ascertain

whether or not the applicants cause of action or his
defense is valid and chances of establishing the same
appear reasonable.
SEC. 15. Action on request. The Chapter Legal Aid

Committee shall pass upon every request for legal aid,
subject to review by the Chapter Board of Officers;
provided, however, that, in urgent matters, requiring
prompt or immediate action, the Executive Director or
whoever performs his functions, may provisionally act
on the request, subject to review by the Legal Aid
Committee and, thereafter, by the Board of Officers.
SEC. 22. Other factors. The effect of the Legal Aid

Service or of the failure to render the same upon the
Rule of Law, the proper administration of justice, the
public interest involved in given cases and the practice
of law in the locality shall, likewise, be considered.
SEC. 16. Written Application. The Executive Director

or whosoever discharges his duties shall see to it that
every request for legal aid is set forth in an application
which shall adhere substantially to the forms enclosed
herewith as part hereof and marked Annex A at
least in duplicate, which shall be subscribed by the
party requesting legal aid or his duly authorized
representative.
SEC. 17. Copy for national committee. Upon
completion or conclusion, for any cause, of the services
requested or upon denial of the application for legal
aid, a carbon copy of said application shall be
forwarded to the National Committee on Legal Aid.
SEC. 18. Amendments to application form. Chapter
Board of Officers may, on its own initiative or upon that
of its Legal Aid Committee suggest or recommend, at
any time, to the National Legal Aid Committee such
amendments of said form Annex A as it may deem fit
and proper.
ARTICLE VIII
(Sections 19 to 24)
TESTS
SEC. 19. Combined tests. The Chapter Legal
Committee or the National Committee on Legal Aid, as
the case may be, shall pass upon requests for legal aid
by the combined application of the means tests and
merit tests, and the consideration of other factors
adverted to in the following sections.
SEC. 20. Means Test. The means test aims at
determining whether the applicant has no visible
means of support or his income is otherwise
insufficient to provide the financial resources necessary
to engage competent private counsel owing to the
demands for subsistence of his family, considering the
number of his dependents and the conditions
prevailing in the locality.
The means test shall not be applicable to applicants
who fall under the Developmental Legal Aid Program
such as Overseas Filipino Workers, fishermen, farmers,
women and children and other disadvantaged groups.
SEC. 23. Private practice. Care shall be taken that the

Legal Aid is not availed of to the detriment of the
private practice of law, or taken advantage of by
anyone for personal ends.
SEC. 24. Denial. Legal aid may be denied to an
applicant already receiving adequate legal assistance
from any source other that the Integrated Bar.
ARTICLE IX
(Sections 25 to 27)
CONTRIBUTIONS OF SUCCESSFUL LITIGANTS
SEC. 25. Attorneys Fees to the Chapter or to the NCLA.
In the event of successful litigation, whatever
attorneys fees may have been awarded to the
recipient of legal aid shall belong to the National
Committee on Legal Aid or the Chapter that rendered
such legal aid, as the case may be.
SEC. 26. Contributions to the Legal Aid Fund.
Regardless of whether or not attorneys fees have been
awarded, the National Committee on Legal Aid or the
Chapter Legal Aid Committee, as the case may be,
shall have discretion to require the recipient of legal
aid, in whose favor decision has been rendered, to turn
over a nominal or reasonable portion of his actual
recovery, not exceeding ten (10) per centum thereof,
to the National Director for Legal Aid, as contribution to
the Legal Aid Fund thereof, for the operation and
maintenance of said Bureau. A portion of the said
amount may be given to the lawyer who handled the
case.
In cases falling under the Developmental Legal Aid
Program, the handling lawyer shall receive ten percent
(10%) of the actual recovery by the client-applicant.
The client shall also contribute fifteen percent (15%) of
the said award to the Legal Aid fund of the Chapter or
to the NCLA, as the case may be.
SEC. 27. Services Honorary. No lawyer or member of
the staff of the Chapter Legal Aid Office shall directly or
indirectly demand or receive from the recipient of legal
aid any compensation, gift or present for services
rendered in connection therewith.
ARTICLE X
(Section 28)
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LOCAL RULES AND REGULATIONS

SEC. 28. Rules and Regulations. The Chapter Board of
Officers may adopt rules and regulations, not
inconsistent with these guidelines and such directive
as may be issued by the President or the Board of
Governors of the Integrated Bar of the Philippines, to
govern the establishment and operation of the Chapter
Legal Aid Office.
ARTICLE XI
(Section 29)
AMENDMENTS
SEC. 29. Amendments. These Guidelines may be
amended, modified or repealed by the Board of
Governors of the Integrated Bar of the Philippines motu
proprio or upon the recommendation of the National
Committee on Legal aid or any Chapter Board of
Officers.
ARTICLE XII
(Section 30)
EFFECTIVITY
SEC. 30. Effectivity. These Guidelines shall take effect
immediately.
Approved : May 31,1974
Republic of the Philippines

SUPREME COURT
Manila
BAR MATTER No. 2012 February 10,

2009
RULE ON MANDATORY LEGAL AID
SERVICE
FOR PRACTICING LAWYERS
Acting on the Memorandum dated January 27, 2009 of
Justice Renato C. Corona re: Comment of the Integrated
Bar of the Philippines on our Suggested Revisions to
the Proposed Rule of Mandatory Legal Aid Service for
Practicing Lawyers, the Court Resolved to APPROVE the
same.
This Resolution shall take effect on July 1, 2009
following publication of the said Rule and its
implementing regulations in at least two (2) newpapers

of general circulation.
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
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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
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 lawyers compliance report.
(c) Said compliance report shall be submitted to the
Legal Aid Chairperson of the IBP Chapter within the
courts 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 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.
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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 or PO
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 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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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.
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willingly promote or sue any groundless, false or unlawful

suit, or give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to
my clients; and I impose upon myself these voluntary
obligations without any mental reservation or purpose of
evasion. So help me God.
IBP MARCH
Words and Music:
Justice Magdangal M. De Leon
I
IBP, the lawyers of the land

Our noble missions unite us
IBP, we dedicate our lives
Justice and fairness to triumph
Rule of law, our guiding light
The Lawyer's Oath
For truth and freedom, we will fight

As our people build their destiny
We will find our place in history
Serve the country, hail the IBP.
II
Integrated Bar of the Philippines
Sentinel of law and democracy
Marching on in unity
Mabuhay!
(Repeat I)
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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
By J. Jose L. Sabio, Jr.
The Oath: The Lawyer's Ideal

What is an oath? Webster defines it as: A solemn
appeal to God, or in a wider sense, to any sacred or
revered person or sanction for the truth of an
affirmation or declaration or in witness of the
inviolability of a promise or undertaking. As early
as Alvarez vs. CFI, the Supreme Court explained its
meaning in this wise:
In its broadest sense, an oath includes any form of
attestation by which a party signifies that he is bound
in conscience to perform an act faithfully and truthfully.
It is an outward pledge given by the person taking it,
that his attestation or promise is made under an
immediate sense of his responsibility to God.
Section 17 of Rule 138 of the Rules of Court states that
an applicant who has passed the required examination,
or has been otherwise found to be entitled to
admission to the bar, shall take and subscribed before
the Supreme Court an oath of office. The new lawyer
swears before a duly constituted authority as an
attestation that he/she takes on the duties and
responsibilities proper of a lawyer. More particularly,
form 28 of the judicial standard forms prescribes the
following oath to be taken by the applicant:
I___________ of ___________ do solemnly swear that I will
maintain allegiance to the Republic of the Philippines; I
will support its Constitution and obey laws as well as
the legal orders of the duly constituted authorities
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therein; I will do no falsehood, nor consent to the doing

of any court; I will not wittingly nor willingly promote or
sue any groundless, false or unlawful suit, or give aid
nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion
with all good fidelity as well to the courts as to my
clients; and I impose upon myself this voluntary
obligations without any mental reservation or purpose
of evasion. So help me God.
The taking of this oath is a condition to the admission
to practice law and may only be taken before the
Supreme Court by a person authorized by the high
court to engage in the practice of law. And what is the
nature of a lawyer's oath? In the case of Sebastian vs.
Calis the Supreme Court held that: A lawyer's oath are
not mere facile words, drift and hollow, but a sacred
trust that must be upheld and kept inviolable. The
substance and gravity behind these words may be
understood in the light of the substance and gravity
behind the oath being taken. In a sense, the oath
embodies the ideals by which a lawyer lives by in the
practice of the legal profession. This is why the
lawyer's oath has been likened to a condensed version
of the canons of professional responsibility. This seems
to have been confirmed in Endaya vs. Oca, where it
was held that: the lawyer's oath embodies the
fundamental principles that guide every member of the
legal fraternity. From it springs the lawyer's duties and
responsibilities that any infringement thereof can
cause his disbarment, suspension or other disciplinary
actions.
In the words of the Supreme Court, an oath is any form
of attestation by which a party signifies that he is
bound in conscience to perform an act faithfully and
truthfully. What then does a lawyer promise to perform
faithfully and truthfully when he takes on the oath
upon being admitted to the practice of law? It is the
very practice of his duties and responsibilities as a
lawyer. The gravity of the oath is grounded on two
important things: on the gravity of a lawyer's duties
and on the fact that he makes a solemn promise before
God to undertake these duties faithfully. When a great
amount of trust is placed on such an office, then a
corresponding sense of integrity and responsibility is
expected of those who have taken on that office. The
legal profession is one such office laden with a great
amount of trust. In the hands of the lawyer is entrusted
not only the power to steer the course of some client's
personal or business future but more importantly, the
very nature of the legal profession presupposes a
certain moral burden that demands personal integrity.
As stated by the Supreme Court:
Lawyers are expected to abide by the tenets of
morality, not only upon admission to the Bar but also
throughout their legal career, in order to maintain
one's good standing in that exclusive and honored
fraternity. Good moral character is more than just the
absence of bad character. Such character expresses
itself in the will to do the unpleasant thing if it is right
and the resolve not to do the pleasant thing if it is

wrong. This must be so because vast interests are
committed to his care; he is the recipient of unbounded
trust and confidence; he deals with his client' s
property, reputation, his life, his all.
A lawyer is said to be the servant of the law and
belongs to a profession to which society has entrusted
the administration of law and the dispensing of justice.
For this reason, a lawyer's oath impresses upon him
the responsibilities of an officer of the court upon
whose shoulders rest the grave responsibility of
assisting courts in the proper, fair, speedy and efficient
administration of justice.
In fact, it may be understood that the words contained
in the oath of office summarize the main duties and
responsibilities a lawyer is supposed to take on in the
practice of law. In other words, every time an oath of
office is taken, the person making the statement in
effect states that in taking on the oath he/she promises
to conscientiously fulfill the duties entrusted to his
office. Section 20 of Rule 138 enumerates what these
duties are. It is the duty of an attorney (a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey
the laws of the Philippines;
(b) To observe and maintain the respect due to the
courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings
only as appearing to him to be just, and such defenses
only as he believes to be honestly debatable under the
law;
(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice
or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his
clients' business except from him or with his
knowledge and approval;
(f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or reputation
of a party or witness, unless required by the justice of
the cause with which he is charged;
(g) Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed;
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(i) In the defense of a person accused of crime, by all

fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of
law.
Many a legal practitioner, forgetting his sacred mission

as a sworn public servant and his exalted position as
an officer of the court, has allowed himself to become:
In order to fulfill these duties, every lawyer is expected

to live by a certain mode of behavior now distilled in
what is known as the Code of Professional
Responsibility. The Code mandates upon each lawyer,
as his duty to society, the obligation to obey the laws
of the land and promote respect for law and legal
processes. Specifically, he is forbidden to engage in
unlawful, dishonest, immoral or deceitful conduct. In
essence, all that is contained in this Code is succinctly
summarized in the oath of office taken by every lawyer.
It is of little surprise to find that inMagdaluyo vs.
Nace the Supreme Court declares that the lawyer's
oath is a source of obligations and violation thereof is a
ground for suspension, disbarment or other disciplinary
action. In the case of Businos vs. Ricafort, the Supreme
Court also held that:
A virtuoso of technicality in the conduct of litigation,

instead of a true exponent of the primacy of truth and
moral justice;
By swearing the lawyer's oath, an attorney becomes a

guardian of truth and the rule of law, and an
indispensable instrument in the fair and impartial
administration of justice a vital function of
democracy, a failure of which is disastrous to society.
While the duty to uphold the constitution and obey the
laws is an obligation imposed upon every citizen, a
lawyer assumes responsibilities over and beyond the
basic requirements of good citizenship. As servant of
the law, a lawyer ought to make himself an example
for others to emulate. He should be possessed of and
must continue to possess good moral character.
In Brion Jr. vs. Brillantes, Jr., the Supreme Court also
ruled: the lawyer's primary duty as enunciated in the
attorney's oath is to uphold the constitution, obey the
laws of the land and promote respect for the law and
legal processes. That duty in its irreducible minimum
entails obedience to the legal orders of the court. The
importance and significance in upholding the sanctity
of a lawyer's oath have been highlighted by the
Supreme Court in the various rulings it made involving
disciplinary actions against members of the legal
fraternity.
The Real World Of The Legal Practice
While it is true that these ideals by which every lawyer
swears to live by remain sublime, the same ideals often
hardly motivate some lawyers in the real world of legal
practice. Instead of high ideals, less honorable reasons
and more pragmatic considerations often financial
and material in nature take hold of many a cynical
and hardened lawyer. This has been the cause of
lament and expressions of grave concern by honorable
individuals, among them the late Supreme Court Chief
Justice Fred Ruiz Castro. In an address before members
of the legal profession, he said:
An instigator of controversy, instead of a mediator for

concord and a conciliator for compromise;
A mercenary purveying the benefits of his enlightened

advocacy in direct proportion to a litigant's financial
posture, instead of a faithful friend of the courts in the
dispensation of equal justice to rich and poor alike.
Though these words were expressed some time ago,
yet is is sad to note that Chief Justice Ruiz's words still
ring loud and true today. The goal of remaining true to
the ideals of the legal profession is hampered by the
seemingly irresistible influence and pressures of
modern day commercialism in almost every facet of
human activity and endeavor. In various cases, the
Supreme Court has denied applicant's petition to take
the lawyer's oath for grave misconduct or for any
serious violation of the canons of professional
responsibility which puts in question the applicant's
moral character. Moreover, a reading of the latest
rulings of the highest tribunal would reveal the lawyer's
utter disregard, if not disdain, for the lawyer's oath.
In Vitriola vs. Dasig, a case for disbarment against an
official of the commission on higher education charged
with gross misconduct in violation of the attorney's
oath for having used her public office to secure
financial spoils, the Supreme Court, in ordering
respondent's disbarment, held:
The attorney's oath is the source of the obligations and
duties of every lawyer and any violation thereof is a
ground for disbarment,
suspension, or other
disciplinary action. The attorney's oath imposes upon
every member of the bar the duty to delay no man for
money or malice.
Said duty is further stressed in Rule 1.03 of the code of
professional responsibility. Respondent's demands for
sums of money to facilitate the processing of pending
applications or requests before her office violates such
duty, and runs afoul of the oath she took when
admitted to the bar.
The affirmation by a lawyer to uphold the law was the
subject in De Guzman vs. De Dios. In this case where
respondent was charged for representing conflicting
interest, found guilty and suspended for six months,
with a warning, the highest tribunal held:
To say that lawyers must at all times uphold and
respect the law is to state the obvious, but such
statement can never be over-emphasized. Considering
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that, 'of all classes and professions, (lawyers are) most

sacredly bound to uphold and respect the law', it is
imperative that they live by the law.
Accordingly, lawyers who violate their oath and engage
in deceitful conduct have no place in the legal
profession. As a lawyer, respondent is bound by her
oath to do no falsehood or consent to its commission
and to conduct herself as a lawyer to the best of her
knowledge and discretion. The lawyer's oath is a
source of obligation and violation thereof is a ground
for suspension, disbarment, or other disciplinary action.
The acts of respondent Atty. De Dios are clearly in
violation of her solemn oath as a lawyer that this court
will not tolerate.
In Sevillano Batac, Jr., et al. vs. Atty. P. Cruz, Jr., the
Supreme Court in ordering the suspension of
respondent, quoted Sec. 27 of Rule 138 of the Revised
Rules of Court, thus:
Section 27. Disbarment or suspension of attorneys by
supreme court; grounds therefor: A member of the bar
may be disbarred orsuspended from his office as
attorney by the Supreme Court for any deceit,
malpractice, or, other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction
of a crime involving moral turpitude, or for any
violation of the oath which he is required to take before
admission to practice, or for a willful disobedience of
any lawful order of a superior court, or for corruptly or
willfully appearing as an attorney for a party to a case
without authority so to do.
The courts, on the other hand, are entitled to expect

only complete honesty from lawyers appearing and
pleading before them. While a lawyer has the solemn
duty to defend his client's rights and is expected to
display the utmost zeal in defense of his client's cause,
his conduct must never be at the expense of truth.
That a lawyer's oath are not mere facile words, drift
and hollow, was applied by the Supreme Court in Vda.
De Rosales vs. Ramos, where a notary public
commission was revoked and respondent disqualified
from being a notary public, in this manner: where the
notary public is a lawyer, a graver responsibility is
placed upon him by reason of his solemn oath to obey
the laws and to do no falsehood or consent to the
doing of any.
Indeed when an office entrusted with great
responsibility and trust by society is violated and
abused, one finds truth in the expression corruptio
optimi pessima (the corruption of the best is the
worst). The words of former Presiding Justice of the
Court of Appeals Pompeyo Dias cannot find a more
relevant application:
There are men in any society who are so self-serving
that they try to make law serve their selfish ends. In
this group of men, the most dangerous is the man of
the law who has no conscience. He has, in the arsenal
of his knowledge, the very tools by which he can
poison and disrupt society and bring it to an ignoble
end.
A Return to Basic Ideals
The practice of soliciting cases at law for the purpose

of gain, either personally or through paid agents or
brokers, constitutes malpractice. A lawyer, under his
oath, pledges himself not to delay any man for money
or malice and is bound to conduct himself with all good
fidelity to his client. Such was the pronouncement of
the Supreme Court in ordering the disbarment of
lawyer who converted the money of his client to his
own personal use without her consent. The lawyer's
oath exhorts law practitioners not to wittingly or
willingly promote or sue any groundless, false or
unlawful suit, nor give aid nor consent to the same.
In Young vs. Batuegas, where respondent was
suspended for six months for knowingly alleging an
untrue statement of fact in his pleading, the Supreme
Court said, thus:
A lawyer must be a disciple of truth. He swore upon his
admission to the bar that he will 'do no falsehood nor
consent to the doing of any in court' and he shall
conduct himself as a lawyer according to the best of
his knowledge and discretion with all good fidelity as
well to the courts as to his clients. He should bear in
mind that as an officer of the court his high vocation is
to correctly inform the court upon the law and the facts
of the case and to aid it in doing justice and arriving at
a correct conclusion.
With the glaring reality of legal practice evidenced by

the increasing numbers of administrative cases filed
against lawyers in the Courts, it is no surprise therefore
that legal ethics has been prescribed as a subject
under the Mandatory Continuing Legal Education
(MCLE). Moreover, of the 36 units prescribed under the
MCLE, six units pertain to legal ethics. There is clearly
a perceived need to instill legal ethics in the practice of
the legal profession. The pressing need for legal ethics
was highlighted by the Supreme Court in Endaya vs.
Oca:
For practical purposes, the lawyers not only represent
the law; they are the law. With their ubiquitous
presence in the social milieu, lawyers have to be
responsible. The problems they create in lawyering
become public difficulties. To keep lawyers responsible
underlies the worth of the ethics of lawyering. Indeed,
legal ethics is simply the aesthetic term for
professional responsibility.
Undoubtedly, faithful compliance and observance of
the canons of the Code of Professional Responsibility is
the main object of the MCLE. And to ensure success
thereof,
the
Supreme
Court,
in
its
various
pronouncements in administrative cases filed against
lawyers, has emphasized the lawyer's basic duties and
4A
responsibilities. In a more recent ruling, the Supreme

Court recapitulated the significance and importance of
the oath in this wise: This oath to which all lawyers
have subscribed in solemn agreement to dedicate
themselves to the pursuit of justice is not a mere
ceremony or formality for practicing law to be forgotten
afterwards; nor is it mere words, drift and hollow, but a
sacred trust that lawyers must uphold and keep
inviolable at all times. By swearing the lawyer's oath,
they become guardians of truth and the rule of law, as
well as instruments in the fair and impartial
dispensation of justice.
Indeed, if the legal profession is to achieve its basic

ideal to render public service and serve the ends of
justice, there is a need to unceasingly and constantly
inculcate professional standards among lawyers. As the
Supreme Court in Cordon vs. Balicanta (supra), said: If
the practice of law is to remain an honorable profession
and attain its basic ideal, those enrolled in its ranks
should not only master its tenets and principles, but
should also in their lives accord continuing fidelity to
them.
4A

Rules of Procedure of The Commission On Bar Discipline Integrated Bar of The Philippines

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Rules of Procedure of The Commission On Bar Discipline Integrated Bar of The Philippines

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Rules of Procedure of the

Commission on Bar Discipline

SEC. 3. Issuance of Summons. Within two (2) days from

1 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

days from notice of termination of the mandatory

SEC. 3. Determination of Necessity of Clarificatory

SECTION 1. Contempt. The Investigating Commissioner

SEC. 4. Minutes of Proceedings. The proceedings before

2 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

Rule 1.03 - A lawyer shall not, for any corrupt motive

INTEGRATED BAR OF THE PHILIPINES

Rule 3.02 - In the choice of a firm name, no false,

CANON 1 - A LAWYER SHALL UPHOLD THE

Rule 3.04 - A lawyer shall not pay or give anything of

Rule 1.01 - A lawyer shall not engage in unlawful,

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE

Rule 1.02 - A lawyer shall not counsel or abet activities

CANON 5 - A LAWYER SHALL KEEP ABREAST OF

3 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

CONTINUING LEGAL EDUCATION PROGRAMS,

4 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

CANON 13 - A LAWYER SHALL RELY UPON THE

5 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

disclosed to him by a prospective client.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT

6 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

j) The professional standing of the lawyer.

possible conflict of interest.

Rule 20.02 - A lawyer shall, in cases of referral, with

CANON 22 - A LAWYER SHALL WITHDRAW HIS

Rule 20.03 - A lawyer shall not, without the full

Rule 22.01 -A lawyer may withdraw his services in any

BY-LAWS OF THE INTEGRATED BAR

Rule 21.07 - A lawyer shall not reveal that he has been

7 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

SEC.2. Objectives and Purposes. The following are the

shall further be deductible in full and shall not be

8 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

SEC. 8. Notices and processes. Service of all notices

section, the Board of Governors may motu proprio or

9 | Page We a Di oni si o Bach e l or of Arts in Le gal Man age men t 4A

SEC. 17. Rules of Court suppletory. Whenever

SEC.21. Voluntary termination of membership;

THE IBP LIFE MEMBERSHIP PLAN

members, their life membership roll number. (As

part of the province within which it was geographically

SEC. 2. Membership. The Chapter comprises all

(As amended pursuant to Bar Matter No. 668)

assigned to him by the President and the Board. He

(c) Voters list. Not earlier that twenty-five days nor

secret ballot. Official ballots shall be provided for the

SEC. 16 Claims. Expenses incurred with the approval

moth of April of each year, at the call of the Board, at

ARTICLE VI (Sections 37 to 46) BOARD OF

Delegates or its committees;

in the office of Governor for whatever cause, the

Executive Vice President, and in the event of the death,

by members directly to the national office under

SEC. 55. Committee on Legal Aid. - This committee

shall make recommendations to the Board of

with respect to the practice of law by unauthorized

ARTICLE IX (Sections 68 to 75) FISCAL CONTROL

shall remain in force and effect until a new budget is