MEMORANDUM

To : RSB/KRB
From : JIJ
Date : December 1, 2019
Re : Community Legal Aid Service Rule
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The Supreme Court En Banc issued A.M. No. 17-03-09-SC otherwise known as
the Community Legal Service Aid Rule (the “CLAS Rules”). The Rules shall
govern the mandatory requirement for covered lawyers to render pro bono legal
aid services to qualified litigants, as defined therein. Covered lawyers shall refer
to those who have signed the Roll of Attorneys in year 2018 and onwards. On
May 2, 2018, the Integrated Bar of the Philippines (IBP) released the
Implementing Rules and Regulations (IRR).

Pro Bono Legal Service

Pro Bono legal service shall refer to supervised post-admission legal service in
civil, criminal and administrative cases consisting of legal service without charge
for qualified parties or litigants as defined by the Rule.

It shall include the following services:

1. Representation of qualified litigants, as defined, in the trial courts in

civil and criminal cases and quasi-judicial bodies in administrative
cases, including proceedings for mediation, voluntary or compulsory
arbitration, and alternative dispute resolution;
2. Legal Counseling, rendering assistance in contract negotiations and
drafting of related legal documents, including memoranda of law and
other similar documents that are provided to the client. Drafting may
include policy work involving legal research and advocacy;
3. Developmental Legal Assistance, consisting of rights awareness,
capacity-building and training in basic human rights, documentation,
and affidavit-making, rendered in public interest cases, including legal
assistance rendered by identified Public Interest Law Groups.
4. Legal services provided as part of employment in the judiciary,
executive, or legislative branches of government and in constitutional
bodies shall be considered sufficient compliance with this Rule,
provided that the covered lawyer must already be in government
 service at least six (6) months before admission to the Bar; provided
further, that the legal services provided are substantive, as certified by
the heads of Office whose rank must be at least Director IV or its
equivalent. For the purpose of the CLAS Rule, the certification should
state the actual number of hours and summary of the legal services
rendered; and
5. Legal services provided to marginalized sectors and identities, such as
but not limited to: (i) urban poor or informal settlers; (ii)
workers/laborers; (iii) overseas Filipino workers; (iv) children in
conflict with the law; (v) indigenous peoples; (vi) persons with
disabilities; (viii) persons involved with gender issues; and (viii) those
groups as may be approved by IBP; and
5.6.Attendance and participation in legal aid summits/conferences
organized by IBP National Office. Provided, however, that in no case
shall creditable hours shall exceed four (4) hours per seminar at the
discretion of IBP.

Compliance Requirements

Covered lawyers are required to render one hundred twenty (120) hours of pro
bono legal aid services to qualified parties within the first twelve (12) months
from the date of their admission to the Bar. The twelve (12) month period is
counted from the time they sign the roll of attorneys.1

The twelve (12) month period may be extended upon a petition duly submitted
and granted by the Bar Confidant, who will furnish a copy to the Chief Justice
with a copy of the order resolving the petition.2 The petition for extension must
be filed within the sixty (60) days before the lapse of the period for compliance.
Covered lawyers who may face economic hardships by strict compliance with
the Rule may request for a two (2) year compliance period.3 They must file an
application with the OBC, which shall determine the validity of the deferment on
a case-to-case basis. The justifiable reasons for the deferment include, but are not
limited to the following: physical disability, illness, post-graduate studies
abroad, and other similar grounds.

Any covered lawyer may comply with the CLAS Rules on weekends upon
written request duly approved by the Chairperson of the IBP Chapter Legal Aid

1 Sec. 5 (a) of A.M. No. 27-03-09-SC – the one-year period will be counted from the time of signing
of the roll of attorneys.
2 Sec. 6 of A.M. No. 27-03-09-SC and Sec. 13 (b) of IBP IRR
3 Sec. 6 of A.M. No. 27-03-09-SC and Sec. 13 (c) of IBP IRR
Committee, the NCLA Director, or the chairperson, director, or supervising
partner/lawyer.4

Covered lawyers shall report either to the chairperson of the IBP Chapter Legal
Aid Committee, or the chairperson, director, or supervising partner or lawyer
from the Accredited Legal Aid Service Provider5 of their choice. The rendition of
the pro bono legal aid services shall be under the direct supervision and control of
the said officials, where the covered lawyers are registered or affiliated.

Upon completion of the required hours, covered lawyers shall submit an

Affidavit of Full Compliance and a notarized Certificate of Compliance to the
Office of the Bar Confidant (OBC) issued and signed by the chairperson of the
IBP Chapter Legal Aid Committee, NCLA Director, or the chairman, director,
supervising partner or lawyer from the Accredited Legal Aid Service Provider
where they are registered.6

Exemptions

Covered lawyers who have worked for at least one (1) year, upon admission to
the Bar, in law firms offering pro bono legal services or regularly accepting
counsel de oficio appointments are exempted from the requirements of the CLAS
Rules upon sufficient proof of their respective circumstances submitted with the
OBC. For this purpose, there must be a certificate of employment and a
certification stating the actual number of hours and summary of the legal
services rendered.7

Within thirty (30) days from the date of the signing of the Roll of Attorneys, any
covered lawyer under this Section shall submit his/her sworn statement and
Certificate of Exemption issued by the concerned office showing his/her
entitlement to the exemption from the rule. Otherwise, the covered lawyer shall

4 Sec. 5 (b) of A.M. No. 27-03-09-SC and Sec. 7 (b) of IBP IRR
5 Sec. 4 (h) of A.M. No. 27-03-09-SC – legal aid offices duly accredited with the OBC where
covered lawyers may render pro bono legal aid and service. These offices include:
i. Law organizations regularly rendering legal aid services, such as the
Philippine Bar Association, and other similar organizations;
ii. Developmental Legal Assistance Groups and Alternative Law Groups
rendering developmental legal assistance as defined herein and alternative
law groups
iii. Public Interest law groups, as defined herein;
iv. Law School Legal Aid Offices, as defined herein;and
v. Law firms which handle cases for persons of limited means, as defined
herein, or marginalized groups and entities. This shall include law firms with
established legal aid departments or which regularly render pro bono legal
aid service or act as counsel de oficio.
6 Sec. 5 (g) of A.M. No. 27-03-09-SC and Sec. 12 of IBP IRR.
7 Sec. 8 of IBP IRR
not be considered exempt from the rule, and thus, have to comply with the CLAS
Rules. The sworn statement/Certificate of Exemption shall state the details of the
substantive legal services rendered including the number of hours spent, which
shall not be less than 120 hours, and the summary of cases handled and services
rendered.

Law firms/offices shall apply for accreditation with the OBC and shall secure an
endorsement from the IBP Chapter which has jurisdiction over the place where
its office is located.8

To get an endorsement, the law firm must write a letter addressed to the IBP,
specifically to the National Director for Legal Aid,9 stating that it has a pro bono
program intended to provide legal services and assistance to qualified parties
and/or litigants. There is no period requirement yet as to how long the law firm
has been rendering the free legal services, since the OBC is still in the process of
formulating the guidelines for implementation of the said CLAS Rules. Upon
getting an endorsement from the IBP Main Branch, a formal petition shall be
filed with the OBC together with supporting documents 10 asking for an
exemption from the requirements of the CLAS Rules.11

a) Covered lawyers in the executive or legislative branches of

government, provided that the covered lawyer must already be in
government service at least six (6) months before admission into the
Bar. However, those working under the following offices shall
automatically be exempt from compliance with this Rule:
i. Judiciary
ii. PAO
iii. National Prosecution Service
iv. Office of the Solicitor General
v. Office of the Government Corporate Counsel
vi. Office of the Ombudsman

8 Sec. 4 (m) of IBP IRR – “Law Firm” refers to a private law firm or office with a pro bono program
intended to provide free legal aid services and assistance to indigent parties and/or litigants. A
law firm/office which shall apply for accreditation with the OBC shall secure an endorsement
from the IBP Chapter which has jurisdiction over the place where its office is located. The
concerned IBP Chapter is hereby authorized to impose such other reasonable requirements
and/or fees for endorsement.
9 Atty. Minerva M.B. Ambrosio is the current National Director for Legal Aid of the IBP Main
Formatted: Font: Book Antiqua, 10 pt
Chapter
10 There are still no guidelines as to what these supporting documents are, for the OBC is still in
Formatted: Font: Book Antiqua, 10 pt

the process of formulating the guidelines for the CLAS Rules

11 This procedure is not provided for under the Administrative Matter or the IBP IRR. This

procedural requirement was advised upon inquiry from the legal aid office of the IBP Main
Branch.
 b) Those who have already undergone and completed the clinical
education program duly organized and accredited under Rule 138-A
(The Law Student Practice Rule);
c) Covered lawyers who have already worked for at least one (1) year in
law firms offering pro bono legal services or regularly accepting
counsel de oficio appointments; Commented [M1]: What does this phrase mean? And
d) Covered lawyers who have previously worked for more than one (1) generally, what does it mean if you fall under the
“exemptions”?
year as staff of a Law School Legal Aid Office, a Public Interest Law
Commented [JIJ2]: The law firms under this Rule, in
Group or an alternative developmental law group; order to fall under the exemption, refer to private law
e) Covered lawyers who have worked with lawyers for Public Interest firms or offices with a pro bono program intended to
Law Groups or alternative or developmental law groups for more provide free legal aid services and assistance to indigent
and pauper clients.
than one (1) year and have filed public interest cases.
Formatted: Font: Bold

Miscellaneous Provisions Formatted: Font: Bold

Prohibition against Solicitation or Acceptance of Gifts Formatted: Font: Bold, Not Italic

Covered lawyers shall not solicit, request, or accept, directly or indirectly, any Formatted: Font: Bold
free gift, token of gratitude, or anything of monetary value in the course of
rendering legal services under this Rule.

Full credit for Mandatory Continuing Legal Education (MCLE) Formatted: Font: Bold, Not Italic

A covered lawyer who successfully complies with the requirements of this

Rule shall be given a full credit of thirty-six (36) MCLE units for the three-year
period covered by a compliance period under the Rules on MCLE.

Penalties

A covered lawyer who fails to comply with the requirements of this Rule shall be
required to show cause in writing within ten (10) days from receipt of notice why
no disciplinary action should be taken against him/her. The OBC may
recommend to the Supreme Court that the lawyer be delisted as “member in
good standing” of the Bar or appropriate disciplinary measures should it find the
new lawyer’s explanation insufficient to justify non-compliance.

Failure of covered lawyers to disclose the required number and date of issue of
their certificate of compliance or exemption in their pleadings during the five-
year period would be a ground for disciplinary action

Without prejudice to criminal liability, a covered lawyer who falsifies the

Certificate of Compliance or Exemption or such related documents required to be
submitted under this CLAS Rules shall be administratively charged by the IBP or
OBC before the Supreme Court with disciplinary action which may include
disbarment.