RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Title. - This Rule shall be known as "The Rule on

Mandatory Legal Aid Service."
SECTION 2. Purpose. - This Rule seeks to enhance the duty of
lawyers to society as agents of social change and to the courts
as ofcers thereof by heling i!rove access to "ustice by the
less rivileged !e!bers of society and e#edite the resolution
of cases involving the!. Mandatory free legal service by
!e!bers of the bar and their active suort thereof will aid the
efcient and e$ective ad!inistration of "ustice esecially in
cases involving indigent and auer litigants.
SECTION 3. Scope. - This Rule shall govern the !andatory
re%uire!ent for racticing lawyers to render free legal aid
services in all cases &whether' civil' cri!inal or ad!inistrative(
involving indigent and auer litigants where the assistance of
a lawyer is needed. )t shall also govern the duty of other
!e!bers of the legal rofession to suort the legal aid
rogra! of the )ntegrated *ar of the +hiliines.
SECTION 4. Defnition of Terms. - ,or uroses of this Rule-
&a( Practicing lawyers are !e!bers of the +hiliine *ar who
aear for and in behalf of arties in courts of law and %uasi-
"udicial agencies' including but not li!ited to the .ational Labor
Relations /o!!ission' .ational /onciliation and Mediation
*oard' 0eart!ent of Labor and 1!loy!ent Regional 2fces'
0eart!ent of Agrarian Refor! Ad"udication *oard and
.ational /o!!ission for )ndigenous +eoles. The ter!
"racticing lawyers" shall e#clude-
&i( 3overn!ent e!loyees and incu!bent elective ofcials not
allowed by law to ractice4
&ii( Lawyers who by law are not allowed to aear in court4
&iii( Suervising lawyers of students enrolled in law student
ractice in duly accredited legal clinics of law schools and
lawyers of non-govern!ental organi5ations &.32s( and
eoles6 organi5ations &+2s( like the ,ree Legal Assistance
3rou who by the nature of their work already render free legal
aid to indigent and auer litigants and
&iv( Lawyers not covered under subaragrahs &i( to &iii(
including those who are e!loyed in the rivate sector but do
not aear for and in behalf of arties in courts of law and
%uasi-"udicial agencies.
&b( Indigent and pauper litigants are those de7ned under Rule
898' Section 8: of the Rules of /ourt andAlgura v. The Local
Government Unit of the City of Naga &3.R. .o.8;<8=;' =<
2ctober ><<?' ;<? S/RA @8(4
&c( Legal aid cases are those actions' disutes' and
controversies that are cri!inal' civil and ad!inistrative in
nature in whatever stage wherein indigent and auer litigants
need legal reresentation4
&d( ree legal aid services refer to aearance in court or %uasi-
"udicial body for and in behalf of an indigent or auer litigant
and the rearation of leadings or !otions. )t shall also cover
assistance by a racticing lawyer to indigent or oor litigants in
court-anne#ed !ediation and in other !odes of alternative
disute resolution &A0R(. Services rendered when a racticing
lawyer is aointed counsel de o7cio shall also be considered
as free legal aid services and credited as co!liance under this
Rule4
&e( Integrated !ar of the Philippines &)*+( is the ofcial national
organi5ation of lawyers in the country4
&f( National Committee on Legal Aid &./LA( is the co!!ittee of
the )*+ which is seci7cally tasked with handling legal aid
cases4
&g( Committee on !ar "iscipline &/*0( is the co!!ittee of the
)*+ which is seci7cally tasked with discilining !e!bers of the
*ar4
&h( I!P Chapters are those chaters of the )ntegrated *ar of the
+hiliines located in the di$erent geograhical areas of the
country as de7ned in Rule 8=:-A and
&i( Cler# of Court is the /lerk of /ourt of the court where the
racticing lawyer rendered free legal aid services. )n the case of
%uasi-"udicial bodies' it refers to an ofcer holding an
e%uivalent or si!ilar osition.
The ter! shall also include an ofcer holding a si!ilar osition
in agencies e#ercising %uasi-"udicial functions' or a resonsible
ofcer of an accredited +2 or .32' or an accredited !ediator
who conducted the court-anne#ed !ediation roceeding.
SECTION 5. Requirements. -
&a( 1very racticing lawyer is re%uired to render a !ini!u! of
si#ty &?<( hours of free legal aid services to indigent litigants in
a year. Said ?< hours shall be sread within a eriod of twelve
&8>( !onths' with a !ini!u! of 7ve &;( hours of free legal aid
services each !onth. Aowever' where it is necessary for the
racticing lawyer to render legal aid service for !ore than 7ve
&;( hours in one !onth' the e#cess hours !ay be credited to
the said lawyer for the succeeding eriods.
,or this urose' a racticing lawyer shall coordinate with the
/lerk of /ourt for cases where he !ay render free legal aid
service. Ae !ay also coordinate with the )*+ Legal Aid
/hairerson of the )*+ /hater to in%uire about cases where he
!ay render free legal aid service. )n this connection' the )*+
Legal Aid /hairerson of the )*+ /hater shall regularly and
actively coordinate with the /lerk of /ourt.
The racticing lawyer shall reort co!liance with the
re%uire!ent within ten &8<( days of the last !onth of each
%uarter of the year.
&b( A racticing lawyer shall be re%uired to secure and obtain a
certi7cate fro! the /lerk of /ourt attesting to the nu!ber of
hours sent rendering free legal aid services in a case.
The certi7cate shall contain the following infor!ation-
&i( The case or cases where the legal aid service was rendered'
the arty or arties in the said case&s( for who! the service
was rendered' the docket nu!ber of the said case&s( and the
date&s( the service was rendered.
&ii( The nu!ber of hours actually sent attending a hearing or
conducting trial on a articular case in the court or %uasi-
"udicial body.
&iii( The nu!ber of hours actually sent attending !ediation'
conciliation or any other !ode of A0R on a articular case.
&iv( A !otion &e#cet a !otion for e#tension of ti!e to 7le a
leading or for ostone!ent of hearing or conference( or
leading 7led on a articular case shall be considered as one
&8( hour of service.
The /lerk of /ourt shall issue the certi7cate in trilicate' one &8(
coy to be retained by the racticing lawyer' one &8( coy to be
retained by the /lerk of /ourt and one &8( coy to be attached
to the lawyerBs co!liance reort.
&c( Said co!liance reort shall be sub!itted to the Legal Aid
/hairerson of the )*+ /hater within the court6s "urisdiction.
The Legal Aid /hairerson shall then be tasked with
i!!ediately verifying the contents of the certi7cate with the
issuing /lerk of /ourt by co!aring the coy of the certi7cate
attached to the co!liance reort with the coy retained by
the /lerk of /ourt.
&d( The )*+ /hater shall' after veri7cation' issue a co!liance
certi7cate to the concerned lawyer. The )*+ /hater shall also
sub!it the co!liance reorts to the )*+6s ./LA for recording
and docu!entation. The sub!ission shall be !ade within forty-
7ve &9;( days after the !andatory sub!ission of co!liance
reorts by the racticing lawyers.
&e( +racticing lawyers shall indicate in all leadings 7led before
the courts or %uasi-"udicial bodies the nu!ber and date of issue
of their certi7cate of co!liance for the i!!ediately receding
co!liance eriod. ,ailure to disclose the re%uired infor!ation
would cause the dis!issal of the case and the e#unction of
the leadings fro! the records.
&f( *efore the end of a articular year' lawyers covered by the
category under Section 9&a(&i( and &ii(' shall 7ll u a for!
reared by the ./LA which states that' during that year' they
are e!loyed with the govern!ent or incu!bent elective
ofcials not allowed by law to ractice or lawyers who by law
are not allowed to aear in court.
The for! shall be sworn to and sub!itted to the )*+ /hater or
)*+ .ational 2fce together with the ay!ent of an annual
contribution of Two Thousand +esos &+>'<<<(. Said contribution
shall accrue to a secial fund of the )*+ for the suort of its
legal aid rogra!.
&g( *efore the end of a articular year' lawyers covered by the
category under Section 9&a(&iii( shall secure a certi7cation fro!
the director of the legal clinic or of the concerned .32 or +2 to
the e$ect that' during that year' they have served as
suervising lawyers in a legal clinic or actively articiated in
the .326s or +26s free legal aid activities. The certi7cation shall
be sub!itted to the )*+ /hater or )*+ .ational 2fce.
&h( *efore the end of a articular year' lawyers covered by the
category under Section 9&a(&iv( shall 7ll u a for! reared by
the ./LA which states that' during that year' they are neither
racticing lawyers nor covered by Section &9(&a(&i( to &iii(. The
for! shall be sworn to and sub!itted to the )*+ /hater or )*+
.ational 2fce together with the ay!ent of an annual
contribution of ,our Thousand +esos &+9'<<<( by way of suort
for the e$orts of racticing lawyers who render !andatory free
legal aid services. Said contribution shall accrue to a secial
fund of the )*+ for the suort of its legal aid rogra!.
&i( ,ailure to ay the annual contribution shall sub"ect the
lawyer to a enalty of Two Thousand +esos &+>'<<<( for that
year which a!ount shall also accrue to the secial fund for the
legal aid rogra! of the )*+.
SECTION 6. NCLA. -
&a( The ./LA shall coordinate with the various legal aid
co!!ittees of the )*+ local chaters for the roer handling
and accounting of legal aid cases which racticing lawyers can
reresent.
&b( The ./LA shall !onitor the activities of the /hater of the
Legal Aid 2fce with resect to the coordination with /lerks of
/ourt on legal aid cases and the collation of certi7cates
sub!itted by racticing lawyers.
&c( The ./LA shall act as the national reository of records in
co!liance with this Rule.
&d( The ./LA shall reare the following for!s- certi7cate to be
issued by the /lerk of /ourt and for!s !entioned in Section
;&e( and &g(.
&e( The ./LA shall hold in trust' !anage and utili5e the
contributions and enalties that will be aid by lawyers
ursuant to this Rule to e$ectively carry out the rovisions of
this Rule. ,or this urose' it shall annually sub!it an
accounting to the )*+ *oard of 3overnors.
The accounting shall be included by the )*+ in its reort to the
Sure!e /ourt in connection with its re%uest for the release of
the subsidy for its legal aid rogra!.
SECTION 7. Penalties. -
&a( At the end of every calendar year' any racticing lawyer
who fails to !eet the !ini!u! rescribed ?< hours of legal aid
service each year shall be re%uired by the )*+' through the
./LA' to e#lain why he was unable to render the !ini!u!
rescribed nu!ber of hours. )f no e#lanation has been given
or if the ./LA 7nds the e#lanation unsatisfactory' the ./LA
shall !ake a reort and reco!!endation to the )*+ *oard of
3overnors that the erring lawyer be declared a !e!ber of the
)*+ who is not in good standing. Con aroval of the ./LA6s
reco!!endation' the )*+ *oard of 3overnors shall declare the
erring lawyer as a !e!ber not in good standing. .otice thereof
shall be furnished the erring lawyer and the )*+ /hater which
sub!itted the lawyer6s co!liance reort or the )*+ /hater
where the lawyer is registered' in case he did not sub!it a
co!liance reort. The notice to the lawyer shall include a
directive to ay ,our Thousand +esos &+9'<<<( enalty which
shall accrue to the secial fund for the legal aid rogra! of the
)*+.
&b( The "not in good standing" declaration shall be e$ective for
a eriod of three &=( !onths fro! the receit of the erring
lawyer of the notice fro! the )*+ *oard of 3overnors. 0uring
the said eriod' the lawyer cannot aear in court or any %uasi-
"udicial body as counsel. +rovided' however' that the "not in
good standing" status shall subsist even after the lase of the
three-!onth eriod until and unless the enalty shall have
been aid.
&c( Any lawyer who fails to co!ly with his duties under this
Rule for at least three &=( consecutive years shall be the sub"ect
of discilinary roceedings to be instituted motu proprio by the
/*0. The said roceedings shall a$ord the erring lawyer due
rocess in accordance with the rules of the /*0 and Rule 8=:-*
of the Rules of /ourt. )f found ad!inistratively liable' the
enalty of susension in the ractice of law for one &8( year
shall be i!osed uon hi!.
&d( Any lawyer who falsi7es a certi7cate or any for! re%uired to
be sub!itted under this Rule or any contents thereof shall be
ad!inistratively charged with falsi7cation and dishonesty and
shall be sub"ect to discilinary action by the /*0. This is
without re"udice to the 7ling of cri!inal charges against the
lawyer.
&e( The falsi7cation of a certi7cate or any contents thereof by
any /lerk of /ourt or by any /hairerson of the Legal Aid
/o!!ittee of the )*+ local chater where the case is ending
or by the 0irector of a legal clinic or resonsible ofcer of an
.32 or +2 shall be a ground for an ad!inistrative case against
the said /lerk of /ourt or /hairerson. This is without re"udice
to the 7ling of the cri!inal and ad!inistrative charges against
the !alfeasor.
SECTION 8. Credit for Mandatory Continuing Legal
Education (MCLE). - A lawyer who renders !andatory legal
aid service for the re%uired nu!ber of hours in a year for the
three year-eriod covered by a co!liance eriod under the
Rules on M/L1 shall be credited the following- two &>( credit
units for legal ethics' two &>( credit units for trial and retrial
skills' two &>( credit units for alternative disute resolution' four
&9( credit units for legal writing and oral advocacy' four &9(
credit units for substantive and rocedural laws and
"urisrudence and si# &?( credit units for such sub"ects as !ay
be rescribed by the M/L1 /o!!ittee under Section >&:(' Rule
> of the Rules on M/L1.
A lawyer who renders !andatory legal aid service for the
re%uired nu!ber of hours in a year for at least two consecutive
years within the three year-eriod covered by a co!liance
eriod under the Rules on M/L1 shall be credited the following-
one &8( credit unit for legal ethics' one &8( credit unit for trial
and retrial skills' one &8( credit unit for alternative disute
resolution' two &>( credit units for legal writing and oral
advocacy' two &>( credit units for substantive and rocedural
laws and "urisrudence and three &=( credit units for such
sub"ects as !ay be rescribed by the M/L1 /o!!ittee under
Section >&g(' Rule > of the Rules on M/L1.
SECTION 9. mplementing Rules. - The )*+' through the
./LA' is hereby given authority to reco!!end i!le!enting
regulations in deter!ining who are "racticing lawyers'" what
constitute "legal aid cases" and what ad!inistrative rocedures
and 7nancial safeguards which !ay be necessary and roer in
the i!le!entation of this rule !ay be rescribed. )t shall
coordinate with the various legal chaters in the crafting of the
roosed i!le!enting regulations and' uon aroval by the
)*+ *oard of 3overnors' the said i!le!enting regulations shall
be trans!itted to the Sure!e /ourt for 7nal aroval.
SECTION 10. E!ecti"ity. - This Rule and its i!le!enting
rules shall take e$ect on Duly 8'><<: after they have been
ublished in two &>( newsaers of general circulation.