Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers

March 22, 2011

EN BANC

B.M. No. 2012

RESOLUTION

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated March 22, 2011, which reads as follows: aEACcS

"Bar Matter No. 2012 [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers]

In compliance with the Court's En Banc Resolution dated June 23, 2009, the Integrated Bar of the Philippines (IBP), thru its Deputy General Counsel and National Director for Legal Aid, filed a Compliance dated December 2, 2009, submitting (a) a summary of the comments to Bar Matter No. 2012; (b) the draft of the Proposed Rule on Comprehensive Legal Aid Service (CLAS); and (c) the draft of the Proposed Implementing Regulations on the Rule on Comprehensive Legal Aid Service (IRR). The IBP called attention to the following salient features of the draft Rule and Implementing Regulations, to wit:

(a) The rule is renamed as the 'Rule on Comprehensive Legal Aid Service (CLAS)';

(b) Removed the distinction between lawyers who appear before courts and quasi-judicial bodies and those who do not, as they are similarly situated with respect to their duties and privileges as lawyers;

(c) Expanded the coverage of compliance to include rendering legal opinion, counseling or preparation of legal documents, and participating in developmental legal aid projects or activities of the IBP; and

(d) Rendition of free legal aid service should be at the option of lawyers; Provided, that those who will not render free legal aid service shall be required to contribute to the legal aid program of the IBP.

Having noted the foregoing Compliance in the Resolution dated December 8, 2009, the Court went on to issue a Resolution dated July 20, 2010 noting the Joint Resolution No. 1, Series of 2010 submitted by the IBP Cebu City and Cebu Province Chapters which opposed the proposed Rule on CLAS on grounds ranging from violation of the equal protection clause to the logistical considerations thereby entailed. As a consequence, the Court directed the IBP Board of Governors to disseminate the draft of the Proposed Rule on CLAS and its IRR to all IBP Chapters and to collate their final recommendations and suggestions on the matter. AEcTCD

On September 24, 2010, the IBP filed a Manifestation and Partial Compliance apprising the Court that copies of the proposed Rule on CLAS and the IRR were already furnished all IBP Chapters, together with a directive to submit their comments thereto. On November 15, 2010, the IBP filed another Compliance, submitting a Summary of the Comments and Recommendations it received from the Iloilo City Legal Office, IBP-Iloilo Chapter, IBP Batangas Chapter and IBP Negros Occidental Chapter proffering concerns regarding: (a) the duplication of the functions of the PAO/court-appointed counsel de officio; (b) the voluntary nature which should underlie the spirit of public service and responsibility sought to be promoted and strengthened by the proposed Rule; (c) logistical considerations such as the definition of a "pauper litigant", its effect on the payment of docket fees and the effectivity of the Means and Merit test proposed for determining litigants who may avail of the CLAS; (d) the excessive number of hours required for compliance (60 hours per year) and the proper allocation of credited hours to preparation of pleadings and affidavits; (e) the responsible officer and the manner of assignment of cases to lawyers; and (f) the heavy burden of the reportorial requirements as well as the penalties for non-compliance with CLAS.

On February 25, 2011, the Court received a Manifesto from the IBP Cebu City and Cebu Province Chapters entitled "No to the Implementation of Bar Matter 2012, Yes to Genuine & Voluntary Free Legal Aid", raising similar concerns as those hereinbefore stated.

In view thereof, the Court Resolved to:

a. REQUIRE the IBP Board of Governors to include the Summary of the Comments and Recommendations to the Proposed Rule on Comprehensive Legal Aid Service in the agenda for the National Convention of Lawyers for further discussion, comments, and recommendations; and

b. SUBMIT a report thereon, within ten (10) days after its discussion." Mendoza, J., on leave. (adv119)

Very truly yours,

(SGD.) ENRIQUETA E. VIDAL

Clerk of Court