Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers

July 20, 2010

EN BANC

B.M. No. 2012

RE : Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated July 20, 2010, which reads as follows:

"BAR MATTER NO. 2012 (RE: PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING LAWYERS)

Before the Court is Joint Resolution No. 1, Series of 2010 of Integrated Bar of the Philippines Cebu City and Cebu Province Chapters, entitled "Joint Resolution of the Integrated Bar of the Philippines (IBP) Cebu City and Cebu Province Chapters Opposing the Implementation of the Mandatory Legal Aid Service Under Bar Matter No. 2012 and Reiterating the Call to Instead Make it Voluntary."

Relative to the subject matter of the foregoing Joint Resolution, the record shows that the IBP, thru its Deputy General Counsel and National Director for Legal Aid, submitted its December 2, 2009 compliance with the Court's June 23, 2009 Resolution En Banc directing the finalization and submission of the draft Implementing Regulations of Bar Matter No. 2012. Together with the draft of said Implementing Regulations, the IBP submitted copies of the draft of what has been renamed as the Rule on Comprehensive Legal Aid Service (CLAS) as well as the Comments, Recommendations and Suggestions which where taken into consideration in the formulation thereof. The IBP calls attention to the following salient features of the draft Rule and Implementing Regulations, to wit: STcHEI

"(a) The rule is renamed as '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."

Accordingly, the Court Resolved to NOTE Joint Resolution No. 1, Series of 2010 of the IBP Cebu City and Cebu Province Chapter.

The IBP Board of Governors is DIRECTED to include the draft Rule on Comprehensive Legal Aid Service as well as the Implementing Regulations to ALL IBP Chapters and to collate their final comments, recommendations and suggestions on the matter."

Very truly yours,

MA. LUISA D. VILLARAMAClerk of Court

By:

(SGD.) FELIPA B. ANAMAAssistant Clerk of Court