PRO-BONO LAWYERS; HOW FAR THEY CAN GO FOR THEIR CLIENT’S

CAUSE

WHAT IS PRACTICE OF LAW?

The practice of law is a sacred and noble profession. It is limited to the

persons of good moral character with special qualifications duly ascertained and

certified. (Prieto vs. Corpuz, et al., A.C. No. 6517, December 6, 2006).

In Cayetano v Monsod the Supreme Court defined practice of Law as any

activity, in or out of court which requires the application of law, legal procedure,

knowledge, training and experience. To engage in the practice of law is to give

notice or render any kind of service, which or devise or service requires the use in

any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).

It is a privilege granted only to those who possess the strict intellectual and

moral qualifications required of lawyers who are instruments in the effective and

efficient administration of justice. (In Re: Argosino, 1997).

WHAT IS PRO-BONO

Pro-bono came from a Latin phrase “Pro bono publico” it means “for the

good of the people," and it refers to legal services performed free of charge or at

reduced fees for the public good. Pro bono cases and services leverage the skills

of legal professionals to help those who are unable to afford lawyers.

won't charge a client in need for her services, or she'll accept a significantly lower

fee. A lawyer might also provide legal assistance to certain organizations that

promote social causes, such as preventing domestic violence or even ecological

issues.

One example that accepts pro bono cases are Public Attorneys Office (PAO),

Integrated Bar of the Philippines (IBP), and even private law firms also accept

pro-bono cases.

The Supreme Court enacted in 2018 AM No. 17-03-09 SC or known as

“Community Legal Aid Service Rule” it noted that the legal profession is imbued

with public interest.

New lawyers will be required to provide 120 hours of pro bono legal services

to poor litigants, in keeping with the constitutional guarantee of “free access to

the courts and quasi-judicial bodies.”

“As such, lawyers are charged with the duty to give meaning to the guarantee

of access to adequate legal assistance under Article III, Section 11 of the 1987

Constitution,” it said. “As a way to discharge this constitutional duty, lawyers are

obliged to render pro bono services to those who otherwise would be denied

access to adequate legal services.”

services “in an efficient and convenient manner compatible with the independence,

integrity and effectiveness of the profession.”

The Office of the Bar Confidant and the Integrated Bar of the Philippines are

tasked to oversee compliance with the rule, which gives new lawyers a year from

signing the roll of attorneys to complete the 120 hours of free legal services, in

criminal, civil and administrative cases. Public interest cases and legal issues that

affect the society are also accepted.

Public Attorneys Office is also known for providing legal services pro bono.

The Public Attorney's Office exists to provide the indigent litigants, the oppressed,

marginalized, and underprivileged members of the society free access to courts,

judicial and quasi-judicial agencies, by rendering legal services, counselling and

assistance in consonance with the Constitutional mandate that "free access to

courts shall not be denied to any person by reason of poverty" in order to ensure

the rule of law, truth and social justice as components of the country's sustainable

development. (http://www.pao.gov.ph./page.php?id=19)

The reality that not everyone can afford a lawyer and so a person can seek

help from these organizations, he can go through Public Attorneys Office or the

Integrated Bar of the Philippines to afford legal services.

GOVERNING LAWS CONCERNING PRO-BONO?

OTHERWISE KNOWN AS THE ―RULE ON COMMUNITY LEGAL AID SERVICE.

Under Section 5 Pro bono legal services may be provided to the following

qualified parties and/or litigants under this CLAS Rules: (a) Indigent Parties and/or

Litigants, as defined herein; (b) Other persons of limited means, as defined herein;

(c) Individuals, groups, or organizations rendered unable to secure free legal

assistance by reason of ―conflict of interest on the part of government-provided

legal assistance through the Public Attorney’s Office (PAO), provided they are

qualified under the means and merit tests under the NCLA guidelines or manual of

operations. Provided further, in all legal aid cases of whatever nature, the PAO

may invoke ―conflict of interest only in civil, criminal or administrative cases with

several defendants/accused/ respondents having conflicting defenses. Provided

finally, the giving of legal advice or the preparation of affidavits/

complaints/documents in any case shall not be a ground to invoke ―conflict of

interest‖; and (d)Public interest cases that has societal impact and involves a

group or sector of society that otherwise would not be capable of securing legal

assistance by reason of inability of other lawyers, law firms, or government offices,

including the Public Attorney’s Office.

The legal services covered are : (a) Representation of qualified parties and/or

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 such other modes of alternative dispute resolution; (b)

Legal counseling; (c) 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; (d)Legal services provided as

government and in constitutional bodies shall be considered sufficient compliance

with this Rule, provided that the covered lawyer must already be in said

government service at least six (6) months before admission into the Bar

(oath-taking); provided further, that the legal services provided are substantive,

as certified by the concerned Head of Office whose rank must be at least Director

IV or its equivalent. For purposes of this CLAS Rules, the said certification should

state the actual number of hours and summary of the legal services rendered; (e)

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

foreign workers; (iv) children in conflict with the law; (v) indigenous peoples; (vi)

persons with disabilities; (vii) persons involved in gender issues; and (viii) those

groups as may be approved by the IBP; (f) Attendance and participation in legal

aid summits/conferences organized by the Integrated Bar of the Philippines

National Office. Provided, however, that in no case the creditable hours shall

exceed four (4) hours per seminar at the discretion of the IBP. (Section 6)

Covered lawyers shall, upon completion of the required 120 hours of free legal

aid services, submit an Affidavit of Full Compliance and a notarized Certificate of

Compliance to the OBC issued and signed by the chairperson of the IBP Chapter

Legal Aid Committee, NCLA Director, or the chairman, director, or supervising

partner or lawyer from the Accredited Legal Aid Service Provider where they are

registered. (b) The concerned IBP Chapter may impose a reasonable fee for the

issuance of the said Certificate of Compliance. Any fee for the notarization of the

said certificate must likewise be reasonable. (c) Covered lawyers who obtained

their certificates of compliance from the NCLA, a Host Chapter, or an Accredited

Legal Aid Service Provider, as defined herein, should furnish a copy of the said
certificate to their respective IBP Home Chapters. The concerned IBP Home

Chapter shall then issue the corresponding CLAS Compliance Number (Section 12)

The following however are exempted from the requirements of this CLAS

Rules upon sufficient proof of their respective circumstances submitted with the

OBC: (a) Covered lawyers in the executive and legislative branches of government

[excluding local government units (LGUs), government-owned and controlled

corporations (GOCCs), state universities and colleges (SUCs), local water districts ,

and other similar institutions] as well as in constitutional bodies, provided that the

covered lawyer must already be in said government service at least six (6) months

before admission into the Bar (oath-taking); (b) Those already employed, upon

admission into the Bar, with the judiciary, the Public Attorney’s Office, the

National Prosecution Service, the Office of the Solicitor General, the Office of the

Government Corporate Counsel, and the Office of the Ombudsman shall be

automatically exempt from compliance with this Rule. The concerned lawyers shall

submit the necessary certificate of employment. Provided, however, that they

shall undertake to remain in the government service for at least one (1) year from

admission to the Bar. A violation of the said undertaking shall nullify their

certificate of exemption; (c) Those who have already undergone and completed

the clinical legal education program duly organized and accredited under Rule

138-A (The Law Student Practice Rule). Provided, that the service rendered was

voluntary and not made to earn any academic units/credits; (d)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; (e) Covered lawyers who have worked for more than one (1) year,

upon admission to the Bar, as staff of a Law School Legal Aid Office, a Public

Interest Law Group, or the Integrated Bar of the Philippines; and (f) Covered
lawyers who have worked with lawyers for Public Interest Law Groups or

alternative or developmental law groups for more than one (1) year, upon

admission to the Bar, and have filed public interest cases. For purposes, there

must be certificate of employment and a certification stating the actual number of

hours and summary of the legal services rendered. Within thirty (30) days from

date of signing 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 not be considered exempt from the Rule and,

thus, he/she has to comply with this CLAS Rules. The said 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 or legal services rendered.

This provision shall be strictly construed against the exemption. (Section 8).

Republic Act 9999 which was enacted on February 23, 2010. The act is also

known as Free Legal Assistance. It is a policy of the State to value the dignity of

every human person and guarantee the rights of every individual, particularly

those who cannot afford the services of legal counsel. State shall guarantee free

legal assistance to the poor and ensure that every person who cannot afford the

services of a counsel is provided with a competent and independent counsel

preferably of his/her own choice, if upon determination it appears that the party

cannot afford the services of a counsel, and that services of a counsel are

necessary to secure the ends of justice and protect of the party.

legal services, as defined by the Supreme Court, shall be entitled to an allowable

deduction from the gross income, the amount that could have been collected for

the actual free legal services rendered or up to ten percent (10%) of the gross

income derived from the actual performance of the legal profession, whichever is

lower: Provided, That the actual free legal services herein contemplated shall be

exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to

indigent litigants as required under the Rule on Mandatory Legal Aid Services for

Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.

For purposes of availing of the benefits and services as envisioned in this Act,

a lawyer or professional partnership shall secure a certification from the Public

Attorney's Office (PAO), the Department of Justice (DOJ) or accredited association

of the Supreme Court indicating that the said legal services to be provided are

within the services defined by the Supreme Court, and that the agencies cannot

provide the legal services to be provided by the private counsel. (Sec 4, RA 9999)

The Code of Professional Responsibility which governs the conduct and moral

compass of a lawyer also provides Canon 14, that a Lawyer shall not refuse his

services to the needy. A lawyer shall not decline, except for serious and sufficient

cause, an appointment as counsel de officio or as amicus curiae, or a request

from the Integrated Bar of the Philippines or any of its chapters for rendition of

free legal aid. (Canon 20 Rule 14.02 ) A lawyer may not refuse to accept

representation of an indigent client : (a) he is not in a position to carry out the

work effectively or competently; (b) he labors under a conflict of interest between

him and the prospective client or between a present client and the prospective
client. Rule 14.04 that a lawyer who accepts the cause of a person unable to pay

his professional fees shall observe the same standard of conduct governing his

relations with paying clients. (Under Canon 20 Rule 14.03)

Rule 16. 04 of the Code of Professional responsibility provides that: A lawyer shall

not borrow from his client unless the client’s interest are fully protected by the

nature of the case or by independent advice. Neither shall lawyer lend money to a

client except, when the interest of justice, he has to advance necessary expenses

in a legal matter he is handling for the client such as filing fees, stenographer’s

fees for transcript of stenographic notes, cash bond or premium for surety bond

and any other matter that he is handling for the client.

therein under Rule 1.0 that “A lawyer shall not, for any corrupt motive or

interest, encourage any suit or proceeding or delay any man’s cause” it should
be read in connection with Rule 2.03 that “A lawyer shall not do or permit to be

done any act designed primarily to solicit legal business”.

These rules proscribes ambulance chasing or the solicitation of almost any

kind of legal business by an attorney, personally or through an agent in order to

gain employment. This two rules under the Code of Professional Responsibility is a

measure to protect the community from Barratry and Champerty. (Linsangan v

Atty. Tollentino, AC No. 6672)

Funding Litigation

As long as litigation and access to the courts remain expensive, then anyone

who has the right the stands in need of vindication should be able to obtain

funding from anyone willing to offer it and on whatever terms is offered

(Neumberger, From Barretry, Maintenance and Champerty to Litigation Funding,

Speech at Gray’s Inn, May 8, 2013)