to effect the integration of the Philippine Bar.” The
In Re: IBP 1973 Supreme Court formed a Commission on Bar Integration and in December 1972, the Commission CANON/RULE/DOCTRINES: earnestly recommended the integration of the bar. ● Integration of Integrated Bar of the Philippines The Court accepted all comments on the proposed ● POWERS OF THE SUPREME COURT; COURT OF integration. THE VIEW THAT IT MAY INTEGRATE THE PHILIPPINE BAR IN THE EXERCISE OF ITS ISSUES: POWER UNDER ARTICLE VIII, SEC. 13 OF THE (1) Does the Court have the power to integrate the CONSTITUTION TO PROMULGATE RULES Philippine bar? CONCERNING THE ADMISSION TO THE (2) Would the integration of the bar be constitutional? PRACTICE OF LAW. — The Court is of the view that (3) Should the Court ordain the integration of the bar at this time? it may integrate the Philippine Bar in the exercise of
its power, under Article VIII, Sec. 13 of the Constitution, "to promulgate rules concerning SC RULING: pleading, practice, and procedure in all courts, and In ruling on the issues raised, the Court first adopted the the admission to the practice of law." Indeed, the definition given by the Commission to “integration” in this power to integrate is an inherent part of the Court's wise: “Integration of the Philippine Bar means the official constitutional authority over the Bar. unification of the entire lawyer population of the ● INTEGRATION OF THE BAR PERFECTLY Philippines. This requires membership and financial CONSTITUTIONAL AND LEGALLY support (in reasonable amount) of every attorney as UNOBJECTIONABLE. conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the TICKLER: IBP Supreme Court.” The term “Bar” refers to the collectivity of FACTS: all persons whose names appear in the Roll of Attorneys. An Republic Act. No. 6397 entitled “An Act Providing for Integrated Bar (or unified Bar) perforce must include all the Integration of the Philippine Bar and lawyers. Appropriating Funds” was passed in September 1971, ordaining “Within two years from the approval of Complete unification is not possible unless it is decreed by this Act, the Supreme Court may adopt rules of court an entity with power to do so; the State. Bar integration therefore, signifies the setting up by government authority compelled to attend meetings, participate of of a national organization of the legal profession based on activities, etc. The only compulsion is the payment of the recognition of the lawyer as an officer of the court. annual dues. Assuming, however, that it does compel a lawyer to be a member of an integrated bar, the Designed to improve the positions of the Bar as an court held that “such compulsion is justified as an instrumentality of justice and the rule of law, integration exercise of the police power of the state” fosters cohesion among lawyers, and ensures, through their b. Integration is also not violative of the freedom of own organized action and participation, the promotion of speech just because dues paid b the lawyer may be the objectives of the legal profession, pursuant to the used for projects or programs, which the lawyer principle of maximum Bar autonomy with minimum opposes. To rule otherwise would make every supervision and regulation by the Supreme Court. government exaction a “free speech issue.” Furthermore, the lawyer is free to voice out his On the first issue, the Court held that it may integrate the objections to positions taken by the integrated bar. Bar in the exercise of its power “to promulgate rules c. The dues exacted from lawyers is not in the nature of concerning pleading, practice, and procedure in all courts, a levy but is purely for purposes of regulation. and the admission to the practice of law.” Indeed, the power to integrate is an inherent part of the Court’s constitutional As to the third issue, the Court believes in the timeliness of authority over the Bar. the integration. Survey showed an overwhelming majority of lawyers who favored integration. The second issue hinges on the following constitutional
rights: freedom of association and of speech, as well as the nature of the dues exacted from the lawyer, i.e., whether or not the Court thus levies a tax. The Court held: a. Integration is not violative of freedom of association because it does not compel a lawyer to become a member of any group of which he is not already a member. All that it does is “to provide an official national organization for the well-defined but unorganized and incohesive group of which every lawyer is already a member.” The lawyer too is not
Radio Corporation of America v. Association of Professional Engineering Personnel Association of Professional Engineering Personnel Camden Area Chapter (And Charles M. Brindley,), 291 F.2d 105, 3rd Cir. (1961)