RULE ON MANDATORY LEGAL AID SERVICE of quasi-judicial bodies, it refers to an officer holding an

SECTION 1. Title. - This Rule shall be known as "The Rule on equivalent or similar position.
Mandatory Legal Aid Service." The term shall also include an officer holding a similar position
SECTION 2. Purpose. - This Rule seeks to enhance the duty in agencies exercising quasi-judicial functions, or a responsible
of lawyers to society as agents of social change and to the officer of an accredited PO or NGO, or an accredited mediator
courts as officers thereof by helping improve access to justice who conducted the court-annexed mediation proceeding.
by the less privileged members of society and expedite the SECTION 5. Requirements. -
resolution of cases involving them. Mandatory free legal service (a) Every practicing lawyer is required to render a minimum of
by members of the bar and their active support thereof will aid sixty (60) hours of free legal aid services to indigent litigants in
the efficient and effective administration of justice especially in a year. Said 60 hours shall be spread within a period of twelve
cases involving indigent and pauper litigants. (12) months, with a minimum of five (5) hours of free legal aid
SECTION 3. Scope. - This Rule shall govern the mandatory services each month. However, where it is necessary for the
requirement for practicing lawyers to render free legal aid practicing lawyer to render legal aid service for more than five
services in all cases (whether, civil, criminal or administrative) (5) hours in one month, the excess hours may be credited to the
involving indigent and pauper litigants where the assistance of said lawyer for the succeeding periods.
a lawyer is needed. It shall also govern the duty of other For this purpose, a practicing lawyer shall coordinate with the
members of the legal profession to support the legal aid Clerk of Court for cases where he may render free legal aid
program of the Integrated Bar of the Philippines. service. He may also coordinate with the IBP Legal Aid
SECTION 4. Definition of Terms. - For purposes of this Rule: Chairperson of the IBP Chapter to inquire about cases where
(a) Practicing lawyers are members of the Philippine Bar who he may render free legal aid service. In this connection, the IBP
appear for and in behalf of parties in courts of law and quasi- Legal Aid Chairperson of the IBP Chapter shall regularly and
judicial agencies, including but not limited to the National Labor actively coordinate with the Clerk of Court.
Relations Commission, National Conciliation and Mediation The practicing lawyer shall report compliance with the
Board, Department of Labor and Employment Regional Offices, requirement within ten (10) days of the last month of each
Department of Agrarian Reform Adjudication Board and quarter of the year.
National Commission for Indigenous Peoples. The term (b) A practicing lawyer shall be required to secure and obtain a
"practicing lawyers" shall exclude: certificate from the Clerk of Court attesting to the number of
(i) Government employees and incumbent elective officials not hours spent rendering free legal aid services in a case.
allowed by law to practice; The certificate shall contain the following information:
(ii) Lawyers who by law are not allowed to appear in court; (i) The case or cases where the legal aid service was rendered,
(iii) Supervising lawyers of students enrolled in law student the party or parties in the said case(s) for whom the service was
practice in duly accredited legal clinics of law schools and rendered, the docket number of the said case(s) and the date(s)
lawyers of non-governmental organizations (NGOs) and the service was rendered.
peoples’ organizations (POs) like the Free Legal Assistance (ii) The number of hours actually spent attending a hearing or
Group who by the nature of their work already render free legal conducting trial on a particular case in the court or quasi-judicial
aid to indigent and pauper litigants and body.
(iv) Lawyers not covered under subparagraphs (i) to (iii) (iii) The number of hours actually spent attending mediation,
including those who are employed in the private sector but do conciliation or any other mode of ADR on a particular case.
not appear for and in behalf of parties in courts of law and quasi- (iv) A motion (except a motion for extension of time to file a
judicial agencies. pleading or for postponement of hearing or conference) or
(b) Indigent and pauper litigants are those defined under Rule pleading filed on a particular case shall be considered as one
141, Section 19 of the Rules of Court and Algura v. The Local (1) hour of service.
Government Unit of the City of Naga (G.R. No.150135, 30 The Clerk of Court shall issue the certificate in triplicate, one (1)
October 2006, 506 SCRA 81); copy to be retained by the practicing lawyer, one (1) copy to be
(c) Legal aid cases are those actions, disputes, and retained by the Clerk of Court and one (1) copy to be attached
controversies that are criminal, civil and administrative in nature to the lawyer's compliance report.
in whatever stage wherein indigent and pauper litigants need (c) Said compliance report shall be submitted to the Legal Aid
legal representation; Chairperson of the IBP Chapter within the court’s jurisdiction.
(d) Free legal aid services refer to appearance in court or quasi- The Legal Aid Chairperson shall then be tasked with
judicial body for and in behalf of an indigent or pauper litigant immediately verifying the contents of the certificate with the
and the preparation of pleadings or motions. It shall also cover issuing Clerk of Court by comparing the copy of the certificate
assistance by a practicing lawyer to indigent or poor litigants in attached to the compliance report with the copy retained by the
court-annexed mediation and in other modes of alternative Clerk of Court.
dispute resolution (ADR). Services rendered when a practicing (d) The IBP Chapter shall, after verification, issue a compliance
lawyer is appointed counsel de oficio shall also be considered certificate to the concerned lawyer. The IBP Chapter shall also
as free legal aid services and credited as compliance under this submit the compliance reports to the IBP’s NCLA for recording
Rule; and documentation. The submission shall be made within forty-
(e) Integrated Bar of the Philippines (IBP) is the official national five (45) days after the mandatory submission of compliance
organization of lawyers in the country; reports by the practicing lawyers.
(f) National Committee on Legal Aid (NCLA) is the committee of (e) Practicing lawyers shall indicate in all pleadings filed before
the IBP which is specifically tasked with handling legal aid the courts or quasi-judicial bodies the number and date of issue
cases; of their certificate of compliance for the immediately preceding
(g) Committee on Bar Discipline (CBD) is the committee of the compliance period. Failure to disclose the required information
IBP which is specifically tasked with disciplining members of the would cause the dismissal of the case and the expunction of the
Bar; pleadings from the records.
(h) IBP Chapters are those chapters of the Integrated Bar of the (f) Before the end of a particular year, lawyers covered by the
Philippines located in the different geographical areas of the category under Section 4(a)(i) and (ii), shall fill up a form
country as defined in Rule 139-A and prepared by the NCLA which states that, during that year, they
(i) Clerk of Court is the Clerk of Court of the court where the are employed with the government or incumbent elective
practicing lawyer rendered free legal aid services. In the case
officials not allowed by law to practice or lawyers who by law (b) The "not in good standing" declaration shall be effective for
are not allowed to appear in court. a period of three (3) months from the receipt of the erring lawyer
The form shall be sworn to and submitted to the IBP Chapter or of the notice from the IBP Board of Governors. During the said
IBP National Office together with the payment of an annual period, the lawyer cannot appear in court or any quasi-judicial
contribution of Two Thousand Pesos (P2,000). Said body as counsel. Provided, however, that the "not in good
contribution shall accrue to a special fund of the IBP for the standing" status shall subsist even after the lapse of the three-
support of its legal aid program. month period until and unless the penalty shall have been paid.
(g) Before the end of a particular year, lawyers covered by the (c) Any lawyer who fails to comply with his duties under this
category under Section 4(a)(iii) shall secure a certification from Rule for at least three (3) consecutive years shall be the subject
the director of the legal clinic or of the concerned NGO or PO to of disciplinary proceedings to be instituted motu proprio by the
the effect that, during that year, they have served as supervising CBD. The said proceedings shall afford the erring lawyer due
lawyers in a legal clinic or actively participated in the NGO’s or process in accordance with the rules of the CBD and Rule 139-
PO’s free legal aid activities. The certification shall be submitted B of the Rules of Court. If found administratively liable, the
to the IBP Chapter or IBP National Office. penalty of suspension in the practice of law for one (1) year shall
(h) Before the end of a particular year, lawyers covered by the be imposed upon him.
category under Section 4(a)(iv) shall fill up a form prepared by (d) Any lawyer who falsifies a certificate or any form required to
the NCLA which states that, during that year, they are neither be submitted under this Rule or any contents thereof shall be
practicing lawyers nor covered by Section (4)(a)(i) to (iii). The administratively charged with falsification and dishonesty and
form shall be sworn to and submitted to the IBP Chapter or IBP shall be subject to disciplinary action by the CBD. This is without
National Office together with the payment of an annual prejudice to the filing of criminal charges against the lawyer.
contribution of Four Thousand Pesos (P4,000) by way of (e) The falsification of a certificate or any contents thereof by
support for the efforts of practicing lawyers who render any Clerk of Court or by any Chairperson of the Legal Aid
mandatory free legal aid services. Said contribution shall accrue Committee of the IBP local chapter where the case is pending
to a special fund of the IBP for the support of its legal aid or by the Director of a legal clinic or responsible officer of an
program. NGO or PO shall be a ground for an administrative case against
(i) Failure to pay the annual contribution shall subject the lawyer the said Clerk of Court or Chairperson. This is without prejudice
to a penalty of Two Thousand Pesos (P2,000) for that year to the filing of the criminal and administrative charges against
which amount shall also accrue to the special fund for the legal the malfeasor.
aid program of the IBP. SECTION 8. Credit for Mandatory Continuing Legal
SECTION 6. NCLA. - Education (MCLE). - A lawyer who renders mandatory legal
(a) The NCLA shall coordinate with the various legal aid aid service for the required number of hours in a year for the
committees of the IBP local chapters for the proper handling three year-period covered by a compliance period under the
and accounting of legal aid cases which practicing lawyers can Rules on MCLE shall be credited the following: two (2) credit
represent. units for legal ethics, two (2) credit units for trial and pretrial
(b) The NCLA shall monitor the activities of the Chapter of the skills, two (2) credit units for alternative dispute resolution, four
Legal Aid Office with respect to the coordination with Clerks of (4) credit units for legal writing and oral advocacy, four (4) credit
Court on legal aid cases and the collation of certificates units for substantive and procedural laws and jurisprudence and
submitted by practicing lawyers. six (6) credit units for such subjects as may be prescribed by
(c) The NCLA shall act as the national repository of records in the MCLE Committee under Section 2(9), Rule 2 of the Rules
compliance with this Rule. on MCLE.
(d) The NCLA shall prepare the following forms: certificate to be A lawyer who renders mandatory legal aid service for the
issued by the Clerk of Court and forms mentioned in Section required number of hours in a year for at least two consecutive
5(e) and (g). years within the three year-period covered by a compliance
(e) The NCLA shall hold in trust, manage and utilize the period under the Rules on MCLE shall be credited the following:
contributions and penalties that will be paid by lawyers pursuant one (1) credit unit for legal ethics, one (1) credit unit for trial and
to this Rule to effectively carry out the provisions of this Rule. pretrial skills, one (1) credit unit for alternative dispute
For this purpose, it shall annually submit an accounting to the resolution, two (2) credit units for legal writing and oral
IBP Board of Governors. advocacy, two (2) credit units for substantive and procedural
The accounting shall be included by the IBP in its report to the laws and jurisprudence and three (3) credit units for such
Supreme Court in connection with its request for the release of subjects as may be prescribed by the MCLE Committee under
the subsidy for its legal aid program. Section 2(g), Rule 2 of the Rules on MCLE.
SECTION 7. Penalties. - SECTION 9. Implementing Rules. - The IBP, through the
(a) At the end of every calendar year, any practicing lawyer who NCLA, is hereby given authority to recommend implementing
fails to meet the minimum prescribed 60 hours of legal aid regulations in determining who are "practicing lawyers," what
service each year shall be required by the IBP, through the constitute "legal aid cases" and what administrative procedures
NCLA, to explain why he was unable to render the minimum and financial safeguards which may be necessary and proper
prescribed number of hours. If no explanation has been given in the implementation of this rule may be prescribed. It shall
or if the NCLA finds the explanation unsatisfactory, the NCLA coordinate with the various legal chapters in the crafting of the
shall make a report and recommendation to the IBP Board of proposed implementing regulations and, upon approval by the
Governors that the erring lawyer be declared a member of the IBP Board of Governors, the said implementing regulations
IBP who is not in good standing. Upon approval of the NCLA’s shall be transmitted to the Supreme Court for final approval.
recommendation, the IBP Board of Governors shall declare the SECTION 10. Effectivity. - This Rule and its implementing
erring lawyer as a member not in good standing. Notice thereof rules shall take effect on July 1,2009 after they have been
shall be furnished the erring lawyer and the IBP Chapter which published in two (2) newspapers of general circulation.
submitted the lawyer’s compliance report or the IBP Chapter
where the lawyer is registered, in case he did not submit a
compliance report. The notice to the lawyer shall include a
directive to pay Four Thousand Pesos (P4,000) penalty which
shall accrue to the special fund for the legal aid program of the
IBP.