A.M. No.

17-03-09-SC
RULE ON COMMUNITY LEGAL AID SERVICE
By: Atty. Tristan Ambrosio Reyes
RULE ON
COMMUNITY LEGAL AID SERVICE

WHAT?
The Community Legal Aid Service (CLAS) Rule requires those
lawyers who have passed the bar and signed the Roll of Attorneys in any
particular year after the Rule’s effectivity – but specifically, those who
passed the 2017 bar examinations and were admitted to the bar in 2018 –
to render 120 hours of legal service as defined in the Rule. This must be
done within their first year of admission to the bar on pain of sanctions.
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 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.
RULE ON
COMMUNITY LEGAL AID SERVICE

WHY?
Art. III, Section 11, 1987 Constitution:

Free access to the courts and quasi-judicial

bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
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 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.
RULE ON
COMMUNITY LEGAL AID SERVICE

LAWYERS are OBLIGED to render

PRO BONO legal services
RULE ON
COMMUNITY LEGAL AID SERVICE

WHO?
Lawyers who have passed the bar and signed the Roll
of Attorneys in any particular year after the Rule’s
effectivity – but specifically, those who passed the
2017 bar examinations and were admitted to the bar in
2018
RULE ON
COMMUNITY LEGAL AID SERVICE

LEGAL SERVICES
* REPRESENTATION
* LEGAL COUNSELING
* DRAFTING OF LEGAL DOCUMENTS
* DEVELOPMENTAL LEGAL ASSISTANCE
* EMPLOYMENT IN THE GOVERNMENT
LEGAL SERVICES PROVIDED TO:
- Urban Poor
- Workers/Laborers
- Overseas Foreign Workers
- CICL’s
- Persons involved in Gender Issues
RULE ON
COMMUNITY LEGAL AID SERVICE

WHO ARE QUALIFIED

TO BE GIVEN
FREE LEGAL ASSISTANCE?
INDIGENT PARTY
Rule 3, Section 21, Rules of Court

Indigent party. — A party may be authorized to litigate his action, claim or defense
as an indigent if the court, upon an ex parte application and hearing, is satisfied that
the party is one who has no money or property sufficient and available for food,
shelter and basic necessities for himself and his family.
INDIGENT LITIGANTS
Rule 141, Section 18, Rules of Court

Section 18. Indigent-litigants exempts from payment of legal fees. — Indigent

litigants (a) whose gross income and that of their immediate family do not exceed
four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three
thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do
not own real property with an assessed value of more than fifty thousand
(P50,000.00) pesos shall be exempt from the payment of legal fees. xxx
(d) “Indigent Litigants” shall refer to a party in a case covered under Rule 141,
Section 19 of the Rules of Court.

“In addition to the fees imposed in the preceding sections, a victim-compensation fee of
five (P5.00) pesos pursuant to Rep. Act. No. 7309 shall be assessed and collected for the
filing of every complaint or petition initiating an ordinary civil action, special civil
action or special proceeding in the trial courts including civil actions impliedly
instituted with criminal actions under Rule 111, Revised Rules of Criminal Procedure
where a filing fee is likewise collected. All sums collected shall be remitted to the
Department of Justice very quarter by the Clerk of Court concerned. (18-A)”
On August 16, 2004, Section 18 of Rule 141 was further amended in Administrative
Matter No. 04-2-04-SC, which became effective on the same date. It then became
Section 19 of Rule 141, to wit:

Sec. 19. Indigent litigants exempt from payment of legal fees.– INDIGENT

LITIGANTS (A) WHOSE GROSS INCOME AND THAT OF THEIR
IMMEDIATE FAMILY DO NOT EXCEED AN AMOUNT DOUBLE THE
MONTHLY MINIMUM WAGE OF AN EMPLOYEE AND (B) WHO DO NOT
OWN REAL PROPERTY WITH A FAIR MARKET VALUE AS STATED IN THE
CURRENT TAX DECLARATION OF MORE THAN THREE HUNDRED
THOUSAND (P300,000.00) PESOS SHALL BE EXEMPT FROM PAYMENT OF
LEGAL FEES.
The legal fees shall be a lien on any judgment rendered in the case favorable to the
indigent litigant unless the court otherwise provides.

To be entitled to the exemption herein provided, the litigant shall execute an

affidavit that he and his immediate family do not earn a gross income
abovementioned, and they do not own any real property with the fair value
aforementioned, supported by an affidavit of a disinterested person attesting to the
truth of the litigant's affidavit. The current tax declaration, if any, shall be
attached to the litigant's affidavit.

Any falsity in the affidavit of litigant or disinterested person shall be sufficient

cause to dismiss the complaint or action or to strike out the pleading of that party,
without prejudice to whatever criminal liability may have been incurred. 
OTHER PERSONS OF LIMITED MEANS
Shall refer to those who may not be covered by (c) and (d) but would,
under the circumstances, not be financially able to afford the services of
counsel. This includes marginalized groups and entities such as farmers,
indigenous peoples, children in conflict with the law, victims of gender
violence, and other similar causes.
PRIMARY LEGAL AID PROVIDERS

Integrated Bar of the Philippines (IBP)

IBP Chapters
- IBP Home Chapter
- IBP Host Chapter
National Center for Legal Aid (NCLA)
 ACCREDITED LEGAL AID PROVIDERS

“Accredited Legal Aid Service Providers (ALASP)” are legal aid offices duly accredited with the
Office of the Bar Confidant (OBC) where covered lawyers may render pro bono legal aid service.
These offices shall include:
i. Law organizations regularly rendering legal aid services;
ii. Developmental Legal Assistance Groups and Alternative Law Groups rendering
developmental legal assistance;
iii. Public Interest Law Groups;
iv. Law School Legal Aid Offices; and
v. Law firms which handle cases for persons of limited means, 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;
RULE ON
COMMUNITY LEGAL AID SERVICE

WHO ARE EXEMPT?

• Covered lawyers in the executive and legislative
branches of government (in service for at least 6 months);

• Those employed with the judiciary, PAO, NPS, OSG,

OGCC, and the Office of the Ombudsman;

• Those who have undergone and completed the clinical

legal education program duly organized and accredited
under Rule 138-A (The Law Student Practice Rule);

• Covered lawyers who have worked for at least one (1)

year in law firms offering pro bono legal services or
regularly accepting counsel de officio appointments;
• Covered lawyers who have worked for more than one (1)
year:
 As a staff of a Law School Legal Aid Office,
Public Interest Law Group, or an alternative or
developmental law group;

 Working with lawyers for Public Interest Law

Groups or alternative or developmental law
groups and have filed public interest cases
IF EXEMPT:
• File his/her sworn statement within thirty (30) days from
the date of signing of the Roll of Attorneys;

• Sworn statement of the the chairperson, director or

supervising partner or lawyer of the Accredited Legal
Aid Service Provider;

• If not filed, new lawyer shall not be considered as

exempted.
RULE ON
COMMUNITY LEGAL AID SERVICE

PERIOD OF COMPLIANCE
WITHIN TWELVE (12) MONTHS
FROM THE DATE
YOU HAVE SIGNED
THE ROLL OF ATTORNEYS
 Within ONE (1) MONTH after
the lapse of the period to comply,
covered lawyers
shall submit his/her
CERTIFICATE OF COMPLIANCE
with the OBC
 FREE LEGAL AID SERVICES
ON WEEKENDS
• Upon written request approved by the IBP
Chapter Legal Aid Committee / Accredited
LASP
• Lawyers are entitled to an extension of their
compliance period
 TWELVE (12) MONTH
PERIOD FOR COMPLIANCE OF A
COVERED LAWYER MAY BE
EXTENDED BY FILING
A PETITION DULY SUBMITTED
AND
GRANTED BY THE BAR
AN APPLICATION TO REQUEST A
PERIOD OF TWO (2) YEARS TO
COMPLY WITH THE CLAS RULES
MAY BE FILED WITH THE OBC BY
ECONOMICALLY CHALLENGED
LAWYERS
FULL CREDIT FOR
THIRTY-SIX (36)
MCLE UNITS FOR THE
3-YEAR PERIOD
COVERED BY A
COMPLIANCE PERIOD
RULE ON
COMMUNITY LEGAL AID SERVICE

DUTIES OF IBP CHAPTER

LEGAL AID COMMITTEE
OR THE ACCREDITED
LEGAL AID SERVICE PROVIDER
• Submit to the OBC an Annual Report containing a
summary of the certificates issued to covered lawyers,
on or before June 30 of every year

• The report shall contain a list of the covered lawyers, the

number of hours spent rendering free legal aid services,
legal aid cases involved, and the qualified parties or
litigants
RULE ON
COMMUNITY LEGAL AID SERVICE

SUPERVISION OF
COVERED LAWYERS
Covered Lawyers are under the supervision and control of
the chairperson of the IBP chapter Legal Aid Committee in
rendition of their pro bono legal aid services; and

In the case of Accredited Legal Aid Service Providers, by

the chairperson, director, or supervising partner or lawyer.
 Supervision
DOES NOT MEAN SPOON FEEDING.
“In administrative law, supervision means overseeing or the power or
authority of an officer to see that subordinate officers perform their
duties. If the latter fail or neglect to fulfill them, the former may take such
action or step as prescribed by law to make them perform their duties.
Control, on the other hand, means the power of an officer to alter or
modify or nullify or set aside what a subordinate officer had done in
the performance of his duties and to substitute the judgment of the
former for that of the latter.” Social Justice Society (SJS) v. Atienza, Jr., G.R. No. 156052,
February 13, 2008, 545 SCRA 92, 152; Veterans Federation of the Philippines v. Reyes, G.R. No. 155027, February
28, 2006, 483 SCRA 526, 564; Mondano v. Silvosa, 97 Phil. 143, 147-148 (1955).
RULE ON
COMMUNITY LEGAL AID SERVICE

SIGNING OF PLEADINGS
Any and all pleadings, motions, briefs, memoranda, or other
papers to be filed in court or any quasi-judicial agency must
be signed by the covered lawyers and co-signed by the
chairperson of the IBP Chapter Legal Aid Committee, or the
chairperson, director, or supervising partner or lawyer from
the Accredited LASP.
SIGNING OF PLEADINGS
The pleadings may be signed solely by the covered lawyers
only in the event the chairperson of the IBP Chapter Legal
Aid Committed or the chairperson, director, or supervising
partner or lawyer from the Accredited LASP is unavailable
but such signature page shall indicate who the supervising
lawyers are.
SUGGESTED SIGNING PAGE FORMAT
INTEGRATED BAR OF THE PHILIPPINES
RIZAL (RSM) CHAPTER
Counsel for the Accused
IBP Building, 4th Floor, 15 Julia Vargas Avenue
Ortigas Center, Pasig City
Ibp_rizal@yahoo.com / (02) 6310146

By:

JUAN DELA CRUZ

CLAS Covered Lawyer
Attorney’s Roll No. 72103
IBP O.R. No. 012345/IBP RSM Chapter
PTR O.R. No. 5233124/01.04.2019/Pasig City
MCLE – 2018 Bar (Deadline of Compliance until 04.14.22; per BM 1992,
dtd. June 3, 2008 and MCLE Governing Board Order No. 1,
Series of 2008, dtd. July 4, 2008)
juandelacruz2019@hotmail.com / 09178888888
RULE ON
COMMUNITY LEGAL AID SERVICE

TIME LOG AND TIME SHEETS

Designated person responsible to keep timesheets containing:

• the number of hours spent every by the covered lawyer in rendering

free legal aid services;
• time spent at the office or place designated (regardless of whether
there are clients who attended or not);
• actual hours spent by the covered lawyers in court or before any quasi-
judicial agency
RULE ON
COMMUNITY LEGAL AID SERVICE

AFFIDAVIT OF
FULL COMPLIANCE
RULE ON
COMMUNITY LEGAL AID SERVICE

CERTIFICATE OF COMPLIANCE
RULE ON
COMMUNITY LEGAL AID SERVICE

CONTINUOUS HANDLING
OR
TURNOVER OF CASES
• Representation, once entered, shall continue until the
termination of the case; covered lawyer may opt to retain
the case;

• Should the covered lawyer be unable to represent the party

by reason of professional conflict of interest arising from
his/her engagement as counsel, the case may be turned over
to the IBP Chapter Legal Aid Committee indicating clearly
the reason for the turnover. These cases will then be re-
assigned to another covered lawyer.
 COVERED LAWYERS CAN ENGAGE
IN PRIVATE PRACTICE (WITH PAYING
CLIENTS)OR BE EMPLOYED IN THE
GOVERNMENT OR PRIVATE SECTOR
BARRING ANY CONFLICT OF INTEREST
OR VIOLATION OF THE CPR WITHIN
THE 12-MONTH PERIOD.
RULE ON
COMMUNITY LEGAL AID SERVICE

PENALTIES
• SHOW CAUSE ORDER
• DELISTED AS A MEMBER IN GOOD STANDING
• RECOMMENDATION OF ANY APPROPRIATE
DISCIPLINARY MEASURES DEPENDING ON
THE REASONS AND GRAVITY OF NON-
COMPLIANCE
• CRIMINAL LIABILITY FOR FALSIFICATION OF THE
CERTIFICATE OF COMPLIANCE
• DISBARMENT