BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
RULE 139-B as counsel to his acting as such Investigator. Where the Investigator
Disbarment and Discipline of Attorneys
“Section 1. How Instituted. - Proceedings for the disbarment,
suspension, or discipline of attorneys may be taken by the Supreme
Court motu proprio, or upon the filing of a verified complaint of any
person before the Supreme Court or the Integrated Bar of the
Philippines (IBP). The complaint shall state clearly and concisely the
facts complained of and shall be supported by affidavits of persons
having personal knowledge of the facts therein alleged and/or by
such documents as may substantiate said facts.
The IBP shall forward to the Supreme Court for appropriate
disposition all complaints for disbarment, suspension and discipline
filed against incumbent Justices of the Court of Appeals,
Sandiganbayan, Court of Tax Appeals and judges of lower courts, or
against lawyers in the government service, whether or not they are
charged singly or jointly with other respondents, and whether or
not such complaint deals with acts unrelated to the discharge of
their official functions. If the complaint is filed before the IBP, six ( 6)
copies of the verified complaint shall be filed with the Secretary of
the IBP or the Secretary of any of its chapter who shall forthwith
transmit the same to the IBP Board of Governors for assignment to
an investigator.” (As amended pursuant to Bar Mater No. 1645,
dated October 3, 2015)
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Section 2. National Grievance Investigators. — The Board of
Governors shall appoint from among IBP members an Investigator
or, when special circumstances so warrant, a panel of three (3)
investigators to investigate the complaint. All Investigators shall
take an oath of office in the form prescribed by the Board of
Governors. A copy of the Investigator's appointment and oath shall
be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within
the fourth degree of consanguinity of affinity to any of the parties of
their counsel, pecuniary interest, personal bias, or his having acted
Section 6. Verification and service of answer. — The answer shall
does not disqualify himself, a party may appeal to the IBP Board of
Governors, which by majority vote of the members present, there
being a quorum, may order his disqualification.
Any Investigator may also be removed for cause, after due hearing,
by the vote of at least six (6) members of the IBP Board of
Governors. The decision of the Board of Governors in all cases of
disqualification or removal shall be final.
Section 3. Duties of the National Grievance Investigator. — The
National Grievance Investigators shall investigate all complaints
against members of the Integrated Bar referred to them by the IBP
Board of Governors.
Section 4. Chapter assistance to complainant. — The proper IBP
Chapter may assist the complainant(s) in the preparation and filing
of his complaint(s).
“Section 5. Service or dismissal. - If the complaint appears to be
meritorious, the Investigator shall direct that a copy thereof be
served upon the respondent, requiring him to answer the same
within fifteen (15) days from the date of service.
If the complaint does not merit action, or if the answer shows to the
satisfaction of the Investigator that the complaint is not meritorious,
the Investigator will recommend to the Board of Governors the
dismissal of the complaint.
Thereafter, the procedure in Section 12 of this Rule shall apply. No
investigation shall be interrupted or terminated by reason of the
desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same, unless
the Supreme Court motu proprio or upon recommendation of the
IBP Board of Governors, determines that there is no compelling
reason to continue with the disbarment or suspension proceedings
against the respondent.” (As amended pursuant to Bar Mater No.
1645, dated October 3, 2015)
be verified. The original and five (5) legible copies of the answer
shall be filed with the Investigator, with proof of service of a copy
thereof on the complainant or his counsel.
Section 7. Administrative counsel. — The IBP Board of Governors
shall appoint a suitable member of the Integrated Bar as counsel to
assist the complainant of the respondent during the investigation in
case of need for such assistance.
Section 8. Investigation. — Upon joinder of issues or upon failure of
the respondent to answer, the Investigator shall, with deliberate
speed, proceed with the investigation of the case. He shall have the
power to issue subpoenas and administer oaths. The respondent
shall be given full opportunity to defend himself, to present
witnesses on his behalf, and be heard by himself and counsel.
However, if upon reasonable notice, the respondent fails to appear,
the investigation shall proceed ex parte.
The Investigator shall terminate the investigation within three (3)
months from the date of its commencement, unless extended for
good cause by the Board of Governors upon prior application.
Willful failure or refusal to obey a subpoena or any other lawful
order issued by the Investigator shall be dealt with as for indirect
contempt of court. The corresponding charge shall be filed by the
Investigator before the IBP Board of Governors which shall require
the alleged contemnor to show cause within ten (10) days from
notice. The IBP Board of Governors may thereafter conduct
hearings, if necessary, in accordance with the procedure set forth in
this Rule for hearings before the Investigator. Such hearing shall as
far as practicable be terminated within fifteen (15) days from its
commencement. Thereafter, the IBP Board of Governors shall
within a like period of fifteen (15) days issue a resolution setting
forth its findings and recommendations, which shall forthwith be
transmitted to the Supreme Court for final action and if warranted,
the imposition of penalty.
Section 9. Depositions. — Depositions may be taken in accordance
with the Rules of Court with leave of the investigator(s).
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Within the Philippines, depositions may be taken before any
member of the Board of Governors, the President of any Chapter, or
any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before diplomatic
or consular representative of the Philippine Government or before
any person agreed upon by the parties or designated by the Board
of Governors.
Any suitable member of the Integrated Bar in the place where a
deposition shall be taken may be designated by the Investigator to
assist the complainant or the respondent in taking a deposition.
Section 10. Report of Investigator. — Not later than thirty (30) days
from the termination of the investigation, the Investigator shall
submit a report containing his findings of fact and
recommendations to the IBP Board of Governors, together with the
stenographic notes and the transcript thereof, and all the evidence
presented during the investigation. The submission of the report
need not await the transcription of the stenographic notes, it being
sufficient that the report reproduce substantially from the
Investigator's personal notes any relevant and pertinent
testimonies.
Section 11. Defects. — No defect in a complaint, notice, answer, or
in the proceeding or the Investigator's Report shall be considered as
substantial unless the Board of Governors, upon considering the
whole record, finds that such defect has resulted or may result in a
miscarriage of justice, in which event the Board shall take such
remedial action as the circumstances may warrant, including
invalidation of the entire proceedings.
“Section 12. Review and recommendation by the Board of
Governors.
a) Every case heard by an investigator shall be reviewed by the IBP
Board of Governors upon the record and evidence transmitted to it
by the Investigator with his report.
b) After its review, the Board, by the vote of a majority of its total
membership, shall recommend to the Supreme Court the dismissal
of the complaint or the imposition of disciplinary action against the
respondent.
The Board shall issue a resolution setting forth its findings and
recommendations, clearly and distinctly stating the facts and the
reasons on which it is based.
The resolution shall be issued within a period not exceeding thirty
(30) days from the next meeting of the Board following the
submission of the Investigator's report.
c) The Board's resolution, together with the entire records and all
evidence presented and submitted, shall be transmitted to the
Supreme Court for final action within ten (10) days from issuance of
the resolution.
d) Notice of the resolution of the Board shall be given to all parties
through their counsel, if any.” (As amended pursuant to Bar Mater
No. 1645, dated October 3, 2015)
B. PROCEEDINGS IN THE SUPREME COURT
“Section 13. Investigation of complaints. - In proceedings initiated
by the Supreme Court, or in other proceedings when the interest of
justice so requires, the Supreme Court may refer the case for
investigation to the Office of the Bar Confidant, or to any officer of
the Supreme Court or judge of a lower court, in which case the
investigation shall proceed in the same manner provided in sections
6 to 11 hereof, save that the review of the report of investigation
shall be conducted directly by the Supreme Court.
The complaint may also be referred to the IBP for investigation,
report, and recommendation.” (As amended pursuant to Bar Mater
No. 1645, dated October 3, 2015)
Section 14. Report of the Solicitor General of other Court-
designated Investigator. — Based upon the evidence adduced at the
investigation, the Solicitor General or other Investigator designated
by the Supreme Court shall submit to the Supreme Court a report
containing his findings of fact and recommendations for the final
action of the Supreme Court.
C. COMMON PROVISIONS
“Section 15. Suspension of attorney by Supreme Court. - After
receipt of respondent's answer or lapse of the period therefor, the
Supreme Court, motu proprio, or upon the recommendation of the
IBP Board of Governors, may suspend an attorney from the practice
of his profession for any of the causes specified in Rule 138, section
27, during the pendency of the investigation until such suspension is
lifted by the Supreme Court.” (As amended pursuant to Bar Mater
No. 1645, dated October 3, 2015)
Section 16. Suspension of attorney by the Court of Appeals or a
Regional Trial Court.1 — The Court of Appeals or Regional Trial
Court may suspend an attorney from practice for any of the causes
named in Rule 138, Section 272 2, until further action of the
Supreme Court in the case.
Section 17. Upon suspension by Court of Appeals or Regional Trial
Court, further proceedings in Supreme Court. — Upon such
suspension, the Court of Appeals or a Regional Trial Court shall
forthwith transmit to the Supreme Court a certified copy of the
order of suspension and a full statement of the facts upon which the
same was based. Upon receipt of such certified copy and statement,
the Supreme Court shall make a full investigation of the case and
1
This section and the following Section 17 supersede Section 9 of Rule 139.
2The text of Rule 138, Section 27 reads: "SEC. 27. Attorneys removed or suspended
by the Supreme Court on what grounds. — A member of the bar may be removed or
suspended from his office as attorney by the Supreme Court for any deceit,
malpractice or other gross misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude, or for any violation of
the oath which he is required to take before admission to practice, or for a willful
disobedience of any lawful order of a superior court, or for corruptly or willfully
appearing as an attorney for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of gain, either personally or through
paid agents or brokers, constitutes malpractice.
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may revoke, shorten or extend the suspension, or disbar the
attorney as the facts may warrant.
Section 18. Confidentiality. — Proceedings against attorneys shall
be private and confidential. However, the final order of the
Supreme Court shall be published like its decisions in other cases.
Section 19. Expenses. — All reasonable and necessary expenses
incurred in relation to disciplinary and disbarment proceedings are
lawful charges for which the parties may be taxed as costs.
Section 20. Effectivity and Transitory Provision. — This Rule shall
take effect June 1, 1988 and shall supersede the present Rule 139
entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases
pending investigation by the Office of the Solicitor General shall be
transferred to the Integrated Bar of the Philippines Board of
Governors for investigation and disposition as provided in this Rule
except those cases where the investigation has been substantially
completed.
In BAR MATTER N0. 1645 (RE: AMENDMENT OF RULE 139-B), dated
October 13, 2015, the Supreme Court issued new rules governing
administrative disciplinary cases against lawyers.
The premises of Bar Matter 1645 are as follows:
1. Article VIII, Section 5(5) of the 1987 Constitution confers upon the
Supreme Court the power to promulgate rules concerning the
admission to the practice of law.
2. The Supreme Court's power relating to the admission to the
practice of law inherently includes the power to discipline and
remove from the rolls, lawyers who have transgressed their oath
and violated the Code of Professional Responsibility.
3. Dismissal of complaints filed against lawyers is a power of the
Supreme Court that cannot be delegated to the Integrated Bar of
the Philippines.
4. The motive of the complainant and his or her action/inaction
after the filing of a verified complaint against a lawyer are not
essential to the proceedings.
The new rules under Bar Matter 1645 are as follows:
1. Sections 1, 5, 12, 13, and 15 of Rule 139-B of the Rules of Court
are amended to read as follows:
“RULE 139-B Disbarment and Discipline of Attorneys
Section 1. How Instituted. - Proceedings for the disbarment,
suspension, or discipline of attorneys may be taken by the Supreme
Court motu proprio, or upon the filing of a verified complaint of any
person before the Supreme Court or the Integrated Bar of the
Philippines (IBP). The complaint shall state clearly and concisely the
facts complained of and shall be supported by affidavits of persons
having personal knowledge of the facts therein alleged and/or by
such documents as may substantiate said facts.
The IBP shall forward to the Supreme Court for appropriate
disposition all complaints for disbarment, suspension and discipline
filed against incumbent Justices of the Court of Appeals,
Sandiganbayan, Court of Tax Appeals and judges of lower courts, or
against lawyers in the government service, whether or not they are
charged singly or jointly with other respondents, and whether or
not such complaint deals with acts unrelated to the discharge of
their official functions. If the complaint is filed before the IBP, six ( 6)
copies of the verified complaint shall be filed with the Secretary of
the IBP or the Secretary of any of its chapter who shall forthwith
transmit the same to the IBP Board of Governors for assignment to
an investigator.”
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
“Section 5. Service or dismissal. - If the complaint appears to be
meritorious, the Investigator shall direct that a copy thereof be
served upon the respondent, requiring him to answer the same
within fifteen (15) days from the date of service.
If the complaint does not merit action, or if the answer shows to the
satisfaction of the Investigator that the complaint is not meritorious,
the Investigator will recommend to the Board of Governors the
dismissal of the complaint.
Thereafter, the procedure in Section 12 of this Rule shall apply. No
investigation shall be interrupted or terminated by reason of the
desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same, unless
the Supreme Court motu proprio or upon recommendation of the
IBP Board of Governors, determines that there is no compelling
reason to continue with the disbarment or suspension proceedings
against the respondent.”
(Amendment pursuant to Supreme Court Resolution dated May
27, 1993 re Bar Matter No. 356)
“Section 12. Review and recommendation by the Board of
Governors.
a) Every case heard by an investigator shall be reviewed by the IBP
Board of Governors upon the record and evidence transmitted to it
by the Investigator with his report.
b) After its review, the Board, by the vote of a majority of its total
membership, shall recommend to the Supreme Court the dismissal
of the complaint or the imposition of disciplinary action against the
respondent.
The Board shall issue a resolution setting forth its findings and
recommendations, clearly and distinctly stating the facts and the
reasons on which it is based.
The resolution shall be issued within a period not exceeding thirty
(30) days from the next meeting of the Board following the
submission of the Investigator's report.
c) The Board's resolution, together with the entire records and all
evidence presented and submitted, shall be transmitted to the
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Supreme Court for final action within ten (10) days from issuance of
the resolution.
d) Notice of the resolution of the Board shall be given to all parties
through their counsel, if any.”
B. PROCEEDINGS IN THE SUPREME COURT
“Section 13. Investigation of complaints. - In proceedings initiated
by the Supreme Court, or in other proceedings when the interest of
justice so requires, the Supreme Court may refer the case for
investigation to the Office of the Bar Confidant, or to any officer of
the Supreme Court or judge of a lower court, in which case the
investigation shall proceed in the same manner provided in sections
6 to 11 hereof, save that the review of the report of investigation
shall be conducted directly by the Supreme Court.
The complaint may also be referred to the IBP for investigation,
report, and recommendation.”
C. COMMON PROVISIONS
“Section 15. Suspension of attorney by Supreme Court. - After
receipt of respondent's answer or lapse of the period therefor, the
Supreme Court, motu propio, or upon the recommendation of the
IBP Board of Governors, may suspend an attorney from the practice
of his profession for any of the causes specified in Rule 138, section
27, during the pendency of the investigation until such suspension is
lifted by the Supreme Court.”
The amendments shall take effect fifteen (15) days after publication
in a newspaper of general circulation.
The Integrated Bar of the Philippines is ordered to revise its rules of
procedure in accordance with the amendments to Rule 139-B.
A.M. No. 02-8-13-SC SEC. 3. Interpretation. - Unless the context of these Rules otherwise
2004 Rules on Notarial Practice indicates, words in the singular include the plural, and words in the
plural include the singular.
Republic of the Philippines
Supreme Court RULE II
Manila DEFINITIONS
EN BANC SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act
in which an individual on a single occasion:
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice (a) appears in person before the notary public and presents an
integrally complete instrument or document;
RESOLUTION (b) is attested to be personally known to the notary public or
identified by the notary public through competent evidence of
Acting on the compliance dated 05 July 2004 and on the proposed identity as defined by these Rules; and -
Rules on Notarial Practice of 2004 submitted by the Sub-Committee (c) represents to the notary public that the signature on the
for the Study, Drafting and Formulation of the Rules Governing the instrument or document was voluntarily affixed by him for the
Appointment of Notaries Public and the Performance and Exercise purposes stated in the instrument or document, declares that
of Their Official Functions, of the Committees on Revision of the he has executed the instrument or document as his free and
Rules of Court and on Legal Education and Bar Matters, the Court voluntary act and deed, and, if he acts in a particular
Resolved to APPROVE the proposed Rules on Notarial Practice of representative capacity, that he has the authority to sign in
2004, with modifications, thus: that capacity.
2004 RULES ON NOTARIAL PRACTICE SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath”
refers to an act in which an individual on a single occasion:
RULE I
IMPLEMENTATION (a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on notary public through competent evidence of identity as
Notarial Practice. defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents
SEC. 2. Purposes. - These Rules shall be applied and construed to of the instrument or document.
advance the following purposes:
SEC. 3. Commission. - “Commission” refers to the grant of authority
(a) to promote, serve, and protect public interest; to perform notarial acts and to the written evidence of the
(b) to simplify, clarify, and modernize the rules governing notaries authority.
public; and
(c) to foster ethical conduct among notaries public. SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial
act in which a notary public:
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
(a) is presented with an instrument or document that is neither a
vital record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or
document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
SEC. 5. Notarial Register. - “Notarial Register” refers to a
permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notary public.
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a
single occasion:
(a) appears in person before the notary public and presents an
instrument or document;
(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as
defined by these Rules;
(c) signs the instrument or document in the presence of the
notary; and
(d) takes an oath or affirmation before the notary public as to such
instrument or document.
SEC. 7. Notarial Act and Notarization. - “Notarial Act” and
“Notarization” refer to any act that a notary public is empowered to
perform under these Rules.
SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part
of, or attachment to, a notarized instrument or document that is
completed by the notary public, bears the notary's signature and
seal, and states the facts attested to by the notary public in a
particular notarization as provided for by these Rules.
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary”
refer to any person commissioned to perform official acts under
these Rules.
SEC. 10. Principal. - “Principal” refers to a person appearing before
the notary public whose act is the subject of notarization.
SEC. 11. Regular Place of Work or Business. - The term “regular
place of work or business” refers to a stationary office in the city or
province wherein the notary public renders legal and notarial
services.
SEC. 12. Competent Evidence of Identity. - The phrase “competent
evidence of identity” refers to the identification of an individual
based on:
(a) at least one current identification document issued by an
official agency bearing the photograph and signature of the
individual; or
(b) the oath or affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known
to the notary public and who personally knows the individual,
or of two credible witnesses neither of whom is privy to the
instrument, document or transaction who each personally
knows the individual and shows to the notary public
documentary identification.
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a
device for affixing a mark, image or impression on all papers
officially signed by the notary public conforming the requisites
prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term “signature witnessing”
refers to a notarial act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an
instrument or document;
(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as
defined by these Rules; and
(c) signs the instrument or document in the presence of the notary
public.
SEC. 15. Court. - “Court” refers to the Supreme Court of the
Philippines.
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for
a notarial commission.
SEC. 17. Office of the Court Administrator. - “Office of the Court
Administrator” refers to the Office of the Court Administrator of the
Supreme Court.
SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive
Judge of the Regional Trial Court of a city or province who issues a
notarial commission.
SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a
notarial seal and shall include a wholesaler or retailer.
SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers
to one who produces a notarial seal and shall include an engraver
and seal maker.
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission may be issued by
an Executive Judge to any qualified person who submits a petition in
accordance with these Rules.
To be eligible for commissioning as notary public, the petitioner:
(d) must be a citizen of the Philippines;
(e) must be over twenty-one (21) years of age;
(f) must be a resident in the Philippines for at least one (1) year
and maintains a regular place of work or business in the city or
province where the commission is to be issued;
(g) must be a member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines; and
(h) must not have been convicted in the first instance of any crime
involving moral turpitude.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
SEC. 2. Form of the Petition and Supporting Documents. - Every
petition for a notarial commission shall be in writing, verified, and
shall include the following:
(a) a statement containing the petitioner's personal qualifications,
including the petitioner's date of birth, residence, telephone
number, professional tax receipt, roll of attorney's number and
IBP membership number;
(b) certification of good moral character of the petitioner by at
least two (2) executive officers of the local chapter of the
Integrated Bar of the Philippines where he is applying for
commission;
(c) proof of payment for the filing of the petition as required by
these Rules; and
(d) three (3) passport-size color photographs with light background
taken within thirty (30) days of the application. The photograph
should not be retouched. The petitioner shall sign his name at
the bottom part of the photographs.
SEC. 3. Application Fee. - Every petitioner for a notarial commission
shall pay the application fee as prescribed in the Rules of Court.
SEC. 4. Summary Hearing on the Petition. - The Executive Judge
shall conduct a summary hearing on the petition and shall grant the
same if:
(a) the petition is sufficient in form and substance;
(b) the petitioner proves the allegations contained in the petition;
and
(c) the petitioner establishes to the satisfaction of the Executive
Judge that he has read and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a
Certificate of Authorization to Purchase a Notarial Seal in favor of
the petitioner.
SEC. 5. Notice of Summary Hearing. -
(a) The notice of summary hearing shall be published in a
newspaper of general circulation in the city or province where
the hearing shall be conducted and posted in a conspicuous
place in the offices of the Executive Judge and of the Clerk of
Court. The cost of the publication shall be borne by the
petitioner. The notice may include more than one petitioner.
(b) The notice shall be substantially in the following form:
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition for
notarial commission of (name of petitioner) shall be held on (date)
at (place) at (time). Any person who has any cause or reason to
object to the grant of the petition may file a verified written
opposition thereto, received by the undersigned before the date of
the summary hearing.
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any cause or
reason to object to the grant of the petition may file a verified
written opposition thereto. The opposition must be received by the
Executive Judge before the date of the summary hearing.
SEC. 7. Form of Notarial Commission. - The commissioning of a
notary public shall be in a formal order signed by the Executive
Judge substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place of
work or business) in (city or province) was on this (date) day of
(month) two thousand and (year) commissioned by the undersigned
as a notary public, within and for the said jurisdiction, for a term
ending the thirty-first day of December (year)
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to
Purchase a Notarial Seal. - The Certificate of Authorization to
Purchase a Notarial Seal shall be valid for a period of three (3)
months from date of issue, unless extended by the Executive Judge.
A mark, image or impression of the seal that may be purchased by
the notary public pursuant to the Certificate shall be presented to
the Executive Judge for approval prior to use.
SEC. 9. Form of Certificate of Authorization to Purchase a Notarial
Seal. - The Certificate of Authorization to Purchase a Notarial Seal
shall substantially be in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL
This is to authorize (name of notary public) of (city or province) who
was commissioned by the undersigned as a notary public, within
and for the said jurisdiction, for a term ending, the thirty-first of
December (year) to purchase a notarial seal.
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person commissioned
as notary public shall have only one official seal of office in
accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person commissioned as notary
public may perform notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period of two (2) years
commencing the first day of January of the year in which the
commissioning is made, unless earlier revoked or the notary public
has resigned under these Rules and the Rules of Court.
SEC. 12. Register of Notaries Public. - The Executive Judge shall
keep and maintain a Register of Notaries Public in his jurisdiction
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
which shall contain, among others, the dates of issuance or
revocation or suspension of notarial commissions, and the
resignation or death of notaries public. The Executive Judge shall
furnish the Office of the Court Administrator information and data
recorded in the register of notaries public. The Office of the Court
Administrator shall keep a permanent, complete and updated
database of such records.
SEC. 13. Renewal of Commission. - A notary public may file a
written application with the Executive Judge for the renewal of his
commission within forty-five (45) days before the expiration
thereof. A mark, image or impression of the seal of the notary public
shall be attached to the application.
Failure to file said application will result in the deletion of the name
of the notary public in the register of notaries public.
The notary public thus removed from the Register of Notaries Public
may only be reinstated therein after he is issued a new commission
in accordance with these Rules.
SEC. 14. Action on Application for Renewal of Commission. - The
Executive Judge shall, upon payment of the application fee
mentioned in Section 3 above of this Rule, act on an application for
the renewal of a commission within thirty (30) days from receipt
thereof. If the application is denied, the Executive Judge shall state
the reasons therefor.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. –
(a) A notary public is empowered to perform the following notarial
acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature
by thumb or other mark on an instrument or document presented
for notarization if:
(1) the thumb or other mark is affixed in the presence of the
notary public and of two (2) disinterested and unaffected
witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb
or other mark;
(3) the notary public writes below the thumb or other mark:
"Thumb or Other Mark affixed by (name of signatory by mark)
in the presence of (names and addresses of witnesses) and
undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other
mark through an acknowledgment, jurat, or signature
witnessing.
(c) A notary public is authorized to sign on behalf of a person who is
physically unable to sign or make a mark on an instrument or
document if:
(1) the notary public is directed by the person unable to sign or
make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of
two disinterested and unaffected witnesses to the instrument
or document;
(3) both witnesses sign their own names;
(4) the notary public writes below his signature: “Signature affixed
by notary in presence of (names and addresses of person and
two [2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or
jurat.
SEC. 2. Prohibitions. –
(a) A notary public shall not perform a notarial act outside his
regular place of work or business; provided, however, that on
certain exceptional occasions or situations, a notarial act may be
performed at the request of the parties in the following sites
located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths
of office may be administered;
(2) public function areas in hotels and similar places for the signing
of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an
instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document
requiring notarization is under detention.
(b) A person shall not perform a notarial act if the person involved
as signatory to the instrument or document -
(1) is not in the notary's presence personally at the time of the
notarization; and
(2) is not personally known to the notary public or otherwise
identified by the notary public through competent evidence of
identity as defined by these Rules.
SEC. 3. Disqualifications. - A notary public is disqualified from
performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee,
advantage, right, title, interest, cash, property, or other
consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within the
fourth civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any
notarial act described in these Rules for any person requesting such
an act even if he tenders the appropriate fee specified by these
Rules if:
(a) the notary knows or has good reason to believe that the
notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind
of the notary public reasonable doubt as to the former's
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
knowledge of the consequences of the transaction requiring a
notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or
her own free will.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed
by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is
incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall
not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial
certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For performing a
notarial act, a notary public may charge the maximum fee as
prescribed by the Supreme Court unless he waives the fee in whole
or in part.
SEC. 2. Travel Fees and Expenses. - A notary public may charge
travel fees and expenses separate and apart from the notarial fees
prescribed in the preceding section when traveling to perform a
notarial act if the notary public and the person requesting the
notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. – No fee or compensation of any kind,
except those expressly prescribed and allowed herein, shall be
collected or received for any notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not
require payment of any fees specified herein prior to the
performance of a notarial act unless otherwise agreed upon.
Any travel fees and expenses paid to a notary public prior to the
performance of a notarial act are not subject to refund if the notary
public had already traveled but failed to complete in whole or in
part the notarial act for reasons beyond his control and without
negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for
notarial services shall issue a receipt registered with the Bureau of
Internal Revenue and keep a journal of notarial fees. He shall enter
in the journal all fees charged for services rendered.
A notary public shall post in a conspicuous place in his office a
complete schedule of chargeable notarial fees.
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. –
(a) A notary public shall keep, maintain, protect and provide for
lawful inspection as provided in these Rules, a chronological official
notarial register of notarial acts consisting of a permanently bound
book with numbered pages.
The register shall be kept in books to be furnished by the Solicitor
General to any notary public upon request and upon payment of the
cost thereof. The register shall be duly paged, and on the first page,
the Solicitor General shall certify the number of pages of which the
book consists.
For purposes of this provision, a Memorandum of Agreement or
Understanding may be entered into by the Office of the Solicitor
General and the Office of the Court Administrator.
(b) A notary public shall keep only one active notarial register at any
given time.
SEC. 2. Entries in the Notarial Register. –
(a) For every notarial act, the notary shall record in the notarial
register at the time of notarization the following:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or
proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by
these Rules if the signatory is not personally known to
the notary;
(7) the name and address of each credible witness
swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if
not in the notary's regular place of work or business;
and
(10) any other circumstance the notary public may deem of
significance or relevance.
(b) A notary public shall record in the notarial register the reasons
and circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the
circumstances of any request to inspect or copy an entry in the
notarial register, including the requester's name, address, signature,
thumbmark or other recognized identifier, and evidence of identity.
The reasons for refusal to allow inspection or copying of a journal
entry shall also be recorded.
(d) When the instrument or document is a contract, the notary
public shall keep an original copy thereof as part of his records and
enter in said records a brief description of the substance thereof
and shall give to each entry a consecutive number, beginning with
number one in each calendar year. He shall also retain a duplicate
original copy for the Clerk of Court.
(e) The notary public shall give to each instrument or document
executed, sworn to, or acknowledged before him a number
corresponding to the one in his register, and shall also state on the
instrument or document the page/s of his register on which the
same is recorded. No blank line shall be left between entries.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
(f) In case of a protest of any draft, bill of exchange or promissory
note, the notary public shall make a full and true record of all
proceedings in relation thereto and shall note therein whether the
demand for the sum of money was made, by whom, when, and
where; whether he presented such draft, bill or note; whether
notices were given, to whom and in what manner; where the same
was made, when and to whom and where directed; and of every
other fact touching the same.
(g) At the end of each week, the notary public shall certify in his
notarial register the number of instruments or documents executed,
sworn to, acknowledged, or protested before him; or if none, this
certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate original
copy of any instrument acknowledged before the notary public
shall, within the first ten (10) days of the month following, be
forwarded to the Clerk of Court and shall be under the responsibility
of such officer. If there is no entry to certify for the month, the
notary shall forward a statement to this effect in lieu of certified
copies herein required.
SEC. 3. Signatures and Thumbmarks. - At the time of notarization,
the notary's notarial register shall be signed or a thumb or other
mark affixed by each:
(a) principal;
(b) credible witness swearing or affirming to the identity of a
principal; and
(c) witness to a signature by thumb or other mark, or to a signing
by the notary public on behalf of a person physically unable to
sign.
SEC. 4. Inspection, Copying and Disposal. –
(a) In the notary's presence, any person may inspect an entry in the
notarial register, during regular business hours, provided;
(1) the person's identity is personally known to the notary
public or proven through competent evidence of identity as
defined in these Rules;
(2) the person affixes a signature and thumb or other mark or
other recognized identifier, in the notarial register in a
separate, dated entry;
(3) the person specifies the month, year, type of instrument or
document, and name of the principal in the notarial act or
acts sought; and
(4) the person is shown only the entry or entries specified by
him.
(b) The notarial register may be examined by a law enforcement
officer in the course of an official investigation or by virtue of a
court order.
(c) If the notary public has a reasonable ground to believe that a
person has a criminal intent or wrongful motive in requesting
information from the notarial register, the notary shall deny access
to any entry or entries therein.
SEC. 5. Loss, Destruction or Damage of Notarial Register. –
(a) In case the notarial register is stolen, lost, destroyed, damaged,
or otherwise rendered unusable or illegible as a record of notarial
acts, the notary public shall, within ten (10) days after informing the
appropriate law enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any means providing a
proper receipt or acknowledgment, including registered mail and
also provide a copy or number of any pertinent police report.
(b) Upon revocation or expiration of a notarial commission, or death
of the notary public, the notarial register and notarial records shall
immediately be delivered to the office of the Executive Judge.
SEC. 6. Issuance of Certified True Copies. - The notary public shall
supply a certified true copy of the notarial record, or any part
thereof, to any person applying for such copy upon payment of the
legal fees.
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument or
document, a notary public shall:
(a) sign by hand on the notarial certificate only the name indicated
and as appearing on the notary's commission;
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is
performed.
SEC. 2. Official Seal. - (a) Every person commissioned as notary
public shall have a seal of office, to be procured at his own expense,
which shall not be possessed or owned by any other person. It shall
be of metal, circular in shape, two inches in diameter, and shall have
the name of the city or province and the word “Philippines” and his
own name on the margin and the roll of attorney's number on the
face thereof, with the words "notary public" across the center. A
mark, image or impression of such seal shall be made directly on the
paper or parchment on which the writing appears.
(b) The official seal shall be affixed only at the time the notarial act
is performed and shall be clearly impressed by the notary public on
every page of the instrument or document notarized.
(c) When not in use, the official seal shall be kept safe and secure
and shall be accessible only to the notary public or the person duly
authorized by him.
(d) Within five (5) days after the official seal of a notary public is
stolen, lost, damaged or other otherwise rendered unserviceable in
affixing a legible image, the notary public, after informing the
appropriate law enforcement agency, shall notify the Executive
Judge in writing, providing proper receipt or acknowledgment,
including registered mail, and in the event of a crime committed,
provide a copy or entry number of the appropriate police record.
Upon receipt of such notice, if found in order by the Executive
Judge, the latter shall order the notary public to cause notice of
such loss or damage to be published, once a week for three (3)
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consecutive weeks, in a newspaper of general circulation in the city
or province where the notary public is commissioned. Thereafter,
the Executive Judge shall issue to the notary public a new Certificate
of Authorization to Purchase a Notarial Seal.
(e) Within five (5) days after the death or resignation of the notary
public, or the revocation or expiration of a notarial commission, the
official seal shall be surrendered to the Executive Judge and shall be
destroyed or defaced in public during office hours. In the event that
the missing, lost or damaged seal is later found or surrendered, it
shall be delivered by the notary public to the Executive Judge to be
disposed of in accordance with this section. Failure to effect such
surrender shall constitute contempt of court. In the event of death
of the notary public, the person in possession of the official seal
shall have the duty to surrender it to the Executive Judge.
SEC. 3. Seal Image. - The notary public shall affix a single, clear,
legible, permanent, and photographically reproducible mark, image
or impression of the official seal beside his signature on the notarial
certificate of a paper instrument or document.
SEC. 4. Obtaining and Providing Seal. –
(a) A vendor or manufacturer of notarial seals may not sell said
product without a written authorization from the Executive Judge.
(b) Upon written application and after payment of the application
fee, the Executive Judge may issue an authorization to sell to a
vendor or manufacturer of notarial seals after verification and
investigation of the latter's qualifications. The Executive Judge shall
charge an authorization fee in the amount of Php 4,000 for the
vendor and Php 8,000 for the manufacturer. If a manufacturer is
also a vendor, he shall only pay the manufacturer's authorization
fee.
(c) The authorization shall be in effect for a period of four (4) years
from the date of its issuance and may be renewed by the Executive
Judge for a similar period upon payment of the authorization fee
mentioned in the preceding paragraph.
(d) A vendor or manufacturer shall not sell a seal to a buyer except
upon submission of a certified copy of the commission and the
Certificate of Authorization to Purchase a Notarial Seal issued by the
Executive Judge. A notary public obtaining a new seal as a result of
change of name shall present to the vendor or manufacturer a
certified copy of the Confirmation of the Change of Name issued by
the Executive Judge.
(e) Only one seal may be sold by a vendor or manufacturer for each
Certificate of Authorization to Purchase a Notarial Seal.
(f) After the sale, the vendor or manufacturer shall affix a mark,
image or impression of the seal to the Certificate of Authorization to
Purchase a Notarial Seal and submit the completed Certificate to
the Executive Judge. Copies of the Certificate of Authorization to
Purchase a Notarial Seal and the buyer's commission shall be kept in
the files of the vendor or manufacturer for four (4) years after the
sale.
(g) A notary public obtaining a new seal as a result of change of
name shall present to the vendor a certified copy of the order
confirming the change of name issued by the Executive Judge.
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used
for any notarial instrument or document shall conform to all the
requisites prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and in applicable
laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate.
– The notarial certificate shall include the following:
(a) the name of the notary public as exactly indicated in the
commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the
notary public is commissioned, the expiration date of the
commission, the office address of the notary public; and
(d) the roll of attorney's number, the professional tax receipt
number and the place and date of issuance thereof, and the IBP
membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate
of authority evidencing the authenticity of the official seal and
signature of a notary public shall be issued by the Executive Judge
upon request in substantially the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify that
(name of notary public), the person named in the seal and signature
on the attached document, is a Notary Public in and for the
(City/Municipality/Province) of the Republic of the Philippines and
authorized to act as such at the time of the document's
notarization.
IN WITNESS WHEREOF, I have affixed below my signature and seal
of this office this (date) day of (month) (year).
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. -
Within ten (10) days after the change of name of the notary public
by court order or by marriage, or after ceasing to maintain the
regular place of work or business, the notary public shall submit a
signed and dated notice of such fact to the Executive Judge.
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The notary public shall not notarize until:
(a) he receives from the Executive Judge a confirmation of the new
name of the notary public and/or change of regular place of
work or business; and
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps have
been completed, the notary public may continue to use the former
name or regular place of work or business in performing notarial
acts for three (3) months from the date of the change, which may
be extended once for valid and just cause by the Executive Judge for
another period not exceeding three (3) months.
SEC. 2. Resignation. - A notary public may resign his commission by
personally submitting a written, dated and signed formal notice to
the Executive Judge together with his notarial seal, notarial register
and records. Effective from the date indicated in the notice, he shall
immediately cease to perform notarial acts. In the event of his
incapacity to personally appear, the submission of the notice may
be performed by his duly authorized representative.
SEC. 3. Publication of Resignation. - The Executive Judge shall
immediately order the Clerk of Court to post in a conspicuous place
in the offices of the Executive Judge and of the Clerk of Court the
names of notaries public who have resigned their notarial
commissions and the effective dates of their resignation.
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. –
(a) The Executive Judge shall revoke a notarial commission for any
ground on which an application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of,
or impose appropriate administrative sanctions upon, any notary
public who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial register
concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge
within the first ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of his
commission;
(5) fails to submit his notarial register, when filled, to the Executive
Judge;
(6) fails to make his report, within a reasonable time, to the
Executive Judge concerning the performance of his duties, as
may be required by the judge;
(7) fails to require the presence of a principal at the time of the
notarial act;
(8) fails to identify a principal on the basis of personal knowledge
or competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule
IV;
(10) knowingly performs or fails to perform any other act prohibited
or mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of
the Executive Judge constitutes good cause for revocation of
commission or imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved
person, the notary public shall be required to file a verified answer
to the complaint. If the answer of the notary public is not
satisfactory, the Executive Judge shall conduct a summary hearing.
If the allegations of the complaint are not proven, the complaint
shall be dismissed. If the charges are duly established, the Executive
Judge shall impose the appropriate administrative sanctions. In
either case, the aggrieved party may appeal the decision to the
Supreme Court for review. Pending the appeal, an order imposing
disciplinary sanctions shall be immediately executory, unless
otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate administrative
proceedings against a notary public, subject to the procedures
prescribed in paragraph (c) above and impose the appropriate
administrative sanctions on the grounds mentioned in the preceding
paragraphs (a) and (b).
SEC. 2. Supervision and Monitoring of Notaries Public. - The
Executive Judge shall at all times exercise supervision over notaries
public and shall closely monitor their activities.
SEC. 3. Publication of Revocations and Administrative Sanctions. -
The Executive Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the Executive Judge and
of the Clerk of Court the names of notaries public who have been
administratively sanctioned or whose notarial commissions have
been revoked.
SEC. 4. Death of Notary Public. - If a notary public dies before
fulfilling the obligations in Section 4(e), Rule VI and Section 2(e),
Rule VII, the Executive Judge, upon being notified of such death,
shall forthwith cause compliance with the provisions of these
sections.
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge shall cause the
prosecution of any person who:
(a) knowingly acts or otherwise impersonates a notary public;
(b) knowingly obtains, conceals, defaces, or destroys the seal,
notarial register, or official records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary
public to commit official misconduct.
SEC 2. Reports to the Supreme Court. - The Executive Judge
concerned shall submit semestral reports to the Supreme Court on
discipline and prosecution of notaries public.
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RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances
of the Supreme Court inconsistent herewith, are hereby repealed or
accordingly modified.
SEC. 2. Effective Date. - These Rules shall take effect on the first day
of August 2004, and shall be published in a newspaper of general
circulation in the Philippines which provides sufficiently wide
circulation.
Promulgated this 6th day of July, 2004.
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-
Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.
A.M. No. 03-05-01-SC
Adopting the New Code of Judicial Conduct for the Philippine
Judiciary
Supreme Court of the Philippines
2004
WHEREAS, at the Round Table Meeting of Chief Justices held at the
Peace Palace, The Hague, on 25-26 November 2002, at which the
Philippine Supreme Court was represented by the Chief Justice and
Associate Justice Reynato S. Puno, the Bangalore Draft of the Code
of Judicial Conduct adopted by the Judicial Group on Strengthening
Judicial Integrity was deliberated upon and approved after
incorporating therein several amendments;
WHEREAS, the Bangalore Draft, as amended, is intended to be the
Universal Declaration of Judicial Standards applicable in all
judiciaries;
WHEREAS, the Bangalore Draft is founded upon a universal
recognition that a competent, independent and impartial judiciary is
essential if the courts are to fulfill their role in upholding
constitutionalism and the rule of law; that public confidence in the
judicial system and in the moral authority and integrity of the
judiciary is of utmost importance in a modern democratic society;
and that it is essential that judges, individually and collectively,
respect and honor judicial office as a public trust and strive to
enhance and maintain confidence in the judicial system;
WHEREAS, the adoption of the universal declaration of standards
for ethical conduct of judges embodied in the Bangalore Draft as
revised at the Round Table Conference of Chief Justices at The
Hague is imperative not only to update and correlate the Code of
Judicial Conduct and the Canons of Judicial Ethics adopted for the
Philippines, but also to stress the Philippines’ solidarity with the
universal clamor for a universal code of judicial ethics.
NOW, THEREFORE, the Court hereby adopts this New Code of
Judicial Conduct for the Philippine Judiciary:
CANON 1
INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law and a
fundamental guarantee of a fair trial. A judge shall therefore
uphold and exemplify judicial independence in both its individual
and institutional aspects.
SECTION 1. Judges shall exercise the judicial function independently
on the basis of their assessment of the facts and in accordance with
a conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat or interference, direct or
indirect, from any quarter or for any reason.
SEC. 2. In performing judicial duties, judges shall be independent
from judicial colleagues in respect of decisions which the judge is
obliged to make independently.
SEC. 3. Judges shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or
administrative agency.
SEC. 4. Judges shall not allow family, social, or other relationships to
influence judicial conduct or judgment. The prestige of judicial office
shall not be used or lent to advance the private interests of others,
nor convey or permit others to convey the impression that they are
in a special position to influence the judge.
SEC. 5. Judges shall not only be free from inappropriate connections
with, and influence by, the executive and legislative branches of
government, but must also appear to be free therefrom to a
reasonable observer.
SEC. 6. Judges shall be independent in relation to society in general
and in relation to the particular parties to a dispute which he or she
has to adjudicate.
SEC. 7. Judges shall encourage and uphold safeguards for the
discharge of judicial duties in order to maintain and enhance the
institutional and operational independence of the judiciary.
SEC. 8. Judges shall exhibit and promote high standards of judicial
conduct in order to reinforce public confidence in the judiciary,
which is fundamental to the maintenance of judicial independence.
CANON 2
INTEGRITY
Integrity is essential not only to the proper discharge of the
judicial office but also to the personal demeanor of judges.
SECTION 1. Judges shall ensure that not only is their conduct above
reproach, but that it is perceived to be so in the view of a
reasonable observer.
SEC. 2. The behavior and conduct of judges must reaffirm the
people’s faith in the integrity of the judiciary. Justice must not
merely be done but must also be seen to be done.
SEC. 3. Judges should take or initiate appropriate disciplinary
measures against lawyers or court personnel for unprofessional
conduct of which the judge may have become aware.
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CANON 3
IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office.
It applies not only to the decision itself but also to the process by
which the decision is made.
SECTION 1. Judges shall perform their judicial duties without favor,
bias or prejudice.
SEC. 2. Judges shall ensure that his or her conduct, both in and out
of court maintains and enhances the confidence of the public, the
legal profession and litigants in the impartiality of the judge and of
the judiciary.
SEC. 3. Judges shall, so far as is reasonable, so conduct themselves
as to minimize the occasions on which it will be necessary for them
to be disqualified from hearing or deciding cases.
SEC. 4. Judges shall not knowingly, while a proceeding is before or
could come before them, make any comment that might reasonably
be expected to affect the outcome of such proceeding or impair the
manifest fairness of the process. Nor shall judges make any
comment in public or otherwise that might affect the fair trial of any
person or issue.
SEC. 5. Judges shall disqualify themselves from participating in any
proceedings in which they are unable to decide the matter
impartially or in which it may appear to a reasonable observer that
they are unable to decide the matter impartially. Such proceedings
include, but are not limited to, instances where
(a) The judge has actual bias or prejudice concerning a party or
personal knowledge of disputed evidentiary facts concerning
the proceedings;
(b) The judge previously served as a lawyer or was a material
witness in the matter in controversy;
(c) The judge, or a member of his or her family, has an economic
interest in the outcome of the matter in controversy;
(d) The judge served as executor, administrator, guardian, trustee
or lawyer in the case or matter in controversy, or a former
associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness
therein;
(e) The judge’s ruling in a lower court is the subject of review;;
(f) The judge is related by consanguinity or affinity to a party
litigant within the sixth civil degree or to counsel within the
fourth civil degree; or
(g) The judge knows that his or her spouse or child has a financial
interest, as heir, legatee, creditor, fiduciary, or otherwise, in the
subject matter in controversy or in a party to the proceeding, or
any other interest that could be substantially affected by the
outcome of the proceedings;
SEC. 6. A judge disqualified as stated above may, instead of
withdrawing from the proceeding, disclose on the records the basis
of disqualification. If, based on such disclosure, the parties and
lawyers, independently of the judge’s participation, all agree in
writing that the reason for the inhibition is immaterial or
unsubstantial, the judge may then participate in the proceeding.
The agreement, signed by all parties and lawyers, shall be
incorporated in the record of the proceedings.
CANON 4
PROPRIETY
Propriety and the appearance of propriety are essential to the
performance of all the activities of a judge.
SECTION 1. Judges shall avoid impropriety and the appearance of
impropriety in all of their activities.
SEC. 2. As a subject of constant public scrutiny, judges must accept
personal restrictions that might be viewed as burdensome by the
ordinary citizen and should do so freely and willingly. In particular,
judges shall conduct themselves in a way that is consistent with the
dignity of the judicial office.
SEC. 3. Judges shall, in their personal relations with individual
members of the legal profession who practice regularly in their
court, avoid situations which might reasonably give rise to the
suspicion or appearance of favoritism or partiality.
SEC. 4. Judges shall not participate in the determination of a case in
which any member of their family represents a litigant or is
associated in any manner with the case.
SEC. 5. Judges shall not allow the use of their residence by a
member of the legal profession to receive clients of the latter or of
other members of the legal profession.
SEC. 6. Judges, like any other citizen, are entitled to freedom of
expression, belief, association and assembly, but in exercising such
rights, they shall always conduct themselves in such a manner as to
preserve the dignity of the judicial office and the impartiality and
independence of the judiciary.
SEC. 7. Judges shall inform themselves about their personal fiduciary
and financial interests and shall make reasonable efforts to be
informed about the financial interests of members of their family.
SEC. 8. Judges shall not use or lend the prestige of the judicial office
to advance their private interests, or those of a member of their
family or of anyone else, nor shall they convey or permit others to
convey the impression that anyone is in a special position
improperly to influence them in the performance of judicial duties.
SEC. 9. Confidential information acquired by judges in their judicial
capacity shall not be used or disclosed for any other purpose related
to their judicial duties.
SEC. 10. Subject to the proper performance of judicial duties, judges
may
(a) Write, lecture, teach and participate in activities concerning the
law, the legal system, the administration of justice or related
matters;
(b) Appear at a public hearing before an official body concerned
with matters relating to the law, the legal system, the
administration of justice or related matters;
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
(c) Engage in other activities if such activities do not detract from
the dignity of the judicial office or otherwise interfere with the
performance of judicial duties.
SEC. 11. Judges shall not practice law whilst the holder of judicial
office.
SEC. 12. Judges may form or join associations of judges or
participate in other organizations representing the interests of
judges.
SEC. 13. Judges and members of their families shall neither ask for,
nor accept, any gift, bequest, loan or favor in relation to anything
done or to be done or omitted to be done by him or her in
connection with the performance of judicial duties.
SEC. 14. Judges shall not knowingly permit court staff or others
subject to their influence, direction or authority, to ask for, or
accept, any gift, bequest, loan or favor in relation to anything done
or to be done or omitted to be done in connection with their duties
or functions.
SEC. 15. Subject to law and to any legal requirements of public
disclosure, judges may receive a token gift, award or benefit as
appropriate to the occasion on which it is made, provided that such
gift, award or benefit might not reasonably be perceived as
intended to influence the judge in the performance of judicial duties
or otherwise give rise to an appearance of partiality.
CANON 5
EQUALITY
Ensuring equality of treatment to all before the courts is essential
to the due performance of the judicial office.
SECTION 1. Judges shall be aware of, and understand, diversity in
society and differences arising from various sources, including but
not limited to race, color, sex, religion, national origin, caste,
disability, age, marital status, sexual orientation, social and
economic status and other like causes.
SEC. 2. Judges shall not, in the performance of judicial duties, by
words or conduct, manifest bias or prejudice towards any person or
group on irrelevant grounds.
SEC. 3. Judges shall carry out judicial duties with appropriate
consideration for all persons, such as the parties, witnesses,
lawyers, court staff and judicial colleagues, without differentiation
on any irrelevant ground, immaterial to the proper performance of
such duties.
SEC. 4. Judges shall not knowingly permit court staff or others
subject to his or her influence, direction or control to differentiate
between persons concerned, in a matter before the judge, on any
irrelevant ground.
SEC. 5. Judges shall require lawyers in proceedings before the court
to refrain from manifesting, by words or conduct, bias or prejudice
based on irrelevant grounds, except such as are legally relevant to
an issue in proceedings and may be the subject of legitimate
advocacy.
CANON 6
COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due
performance of judicial office.
SECTION 1. The judicial duties of a judge take precedence over all
other activities.
SEC. 2. Judges shall devote their professional activity to judicial
duties, which include not only the performance of judicial functions
and responsibilities in court and the making of decisions, but also
other tasks relevant to the judicial office or the court’s operations.
EC. 3. Judges shall take reasonable steps to maintain and enhance
their knowledge, skills and personal qualities necessary for the
proper performance of judicial duties, taking advantage for this
purpose of the training and other facilities which should be made
available, under judicial control, to judges.
SEC. 4. Judges shall keep themselves informed about relevant
developments of international law, including international
conventions and other instruments establishing human rights
norms.
SEC. 5. Judges shall perform all judicial duties, including the delivery
of reserved decisions, efficiently, fairly and with reasonable
promptness.
SEC. 6. Judges shall maintain order and decorum in all proceedings
before the court and be patient, dignified and courteous in relation
to litigants, witnesses, lawyers and others with whom the judge
deals in an official capacity. Judges shall require similar conduct of
legal representatives, court staff and others subject to their
influence, direction or control.
SEC. 7. Judges shall not engage in conduct incompatible with the
diligent discharge of judicial duties.
DEFINITIONS
In this Code, unless the context otherwise permits or requires, the
following meanings shall be attributed to the words used:
“Court staff” includes the personal staff of the judge including law
clerks.
“Judge” means any person exercising judicial power, however
designated.
“Judge’s family” includes a judge’s spouse, son, daughter, son-in-
law, daughterinlaw, and any other relative by consanguinity or
affinity within the sixth civil degree, or person who is a companion
or employee of the judge and who lives in the judge’s household.
This Code, which shall hereafter be referred to as the New Code of
Judicial Conduct for the Philippine Judiciary, supersedes the Canons
of Judicial Ethics and the Code of Judicial Conduct heretofore
applied in the Philippines to the extent that the provisions or
concepts therein are embodied in this Code: Provided, however,
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
that in case of deficiency or absence of specific provisions in this
New Code, the Canons of Judicial Ethics and the Code of Judicial
Conduct shall be applicable in a suppletory character.
This New Code of Judicial Conduct for the Philippine Judiciary shall
take effect on the first day of June 2004, following its publication
not later than 15 May 2004 in two newspapers of large circulation in
the Philippines to ensure its widest publicity.
Promulgated this 27th day of April 2004.
Republic of the Philippines
SUPREME COURT
Manila
B.M. No. 850
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL
EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES
EN BANC
RESOLUTION
Considering the Rules on Mandatory Continuing Legal
Education (MCLE) for members of the Integrated Bar of the
Philippines (IBP), recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and passed upon
by the Supreme Court Committee on Legal Education, the
Court hereby resolves to adopt, as it hereby adopts, the
following rules for proper implementation:
RULE 1
PURPOSE
Section 1. Purpose of the MCLE - Continuing legal education is
required of members of the Integrated Bar of the Philippines
(IBP) to ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the ethics of the
profession and enhance the standards of the practice of law.
RULE 2
MANDATORY CONTINUING LEGAL EDUCATION
Section 1. Constitution of the MCLE Committee - Within two
(2) months from the approval of these Rules by the Supreme
Court En Banc, the MCLE Committee shall be constituted in
accordance with these Rules.
Section 2. Requirements of completion of MCLE - Members of
the IBP not exempt under Rule 7 shall complete, every three
(3) years, at least thirty-six (36) hours of continuing legal
education activities approved by the MCLE Committee. Of the
36 hours:
(a) At least six (6) hours shall be devoted to legal ethics.
(b) At least (4) hours shall be devoted to trial and pretrial
skills.
(c) At least five (5) hours shall be devoted to alternative
dispute resolution.
(d) At least nine (9) hours shall be devoted to updates on
substantive and procedural laws, and jurisprudence.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy.
(f) At least two (2) hours shall be devoted to
international law and international conventions.
(g) The remaining six (6) hours shall be devoted to such
subjects as may be prescribed by the MCLE
Committee.
RULE 3
COMPLIANCE PERIOD
Section 1. Initial compliance period - The initial compliance
period shall begin not later than three (3) months from the
constitution of the MCLE Committee. Except for the initial
compliance period for members admitted or readmitted after
the establishment of the program, all compliance periods
shall be for thirty-six (36) months and shall begin the day after
the end of the previous compliance period.
Section 2. Compliance Group 1. - Members in the National
Capital Region (NCR) or Metro Manila shall be permanently
assigned to Compliance Group 1.
Section 3. Compliance Group 2. - Members in Luzon outside
NCR shall be permanently assigned to Compliance Group 2.
Section 4. Compliance Group 3. - Members in Visayas and
Mindanao shall be permanently assigned to Compliance
Group 3.
Section 5. Compliance period for members admitted or
readmitted after establishment of the program.
Members admitted or readmitted to the Bar after the
establishment of the program shall be permanently assigned
to the appropriate Compliance Group based on their Chapter
membership on the date of admission or readmission.
The initial compliance period after admission or readmission
shall begin on the first day of the month of admission or
readmission and shall end on the same day as that of all other
members in the same Compliance Group.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
(a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, the
member is not required to comply with the program
requirement for the initial compliance.
(b) Where more than four (4) months remain of the initial
compliance period after admission or readmission, the
member shall be required to complete a number of hours of
approved continuing legal education activities equal to the
number of months remaining in the compliance period in
which the member is admitted or readmitted. Such member
shall be required to complete a number of hours of education
in legal ethics in proportion to the number of months
remaining in the compliance period. Fractions of hours shall
be rounded up to the next whole number.
RULE 4
COMPUTATION OF CREDIT UNITS
Section 1. Guidelines - The following are the guidelines for
computation of credit units (CU):
PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS
1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-
HOUSE EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES,
ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS
UNDER RULE 7 AND OTHER RELATED RULES
1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF
ATTENDANCE WITH NUMBER OF HOURS
1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF
PLAQUE OR SPONSOR'S CERTIFICATION
1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF
PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION
1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM
SPONSORING PENALIST/ ORGANIZATION
REACTOR/COMMENTATOR
1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION
FROM SPONSORING COORDINATOR/ ORGANIZATION
FACILITATOR
2. AUTHORSHIP, EDITING AND REVIEW
2.1 RESEARCH/ 5-10 CREDIT UNITS DULY
CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL
REPORT/PAPER PROGRAM/CREATIVE PROJECT
2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE
AUTHOR 12-16 CU 17-20 CU
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU
2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED
BOOK WITH PROOF AUTHORSHIP AS EDITOR
CATEGORY
2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE
SINGLE AUTHOR 6 CU 8 CU
2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU
2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED
NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL
EDITOR
3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW
DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR REVIEW
DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING
Section 2. Limitation on certain credit units - In numbers 2
and 3 of the guidelines in the preceding Section, the total
maximum credit units shall not exceed twenty (20) hours per
three (3) years.
RULE 5
CATEGORIES OF CREDIT
Section 1. Classes of credits - The credits are either
participatory or non-participatory.
Section 2. Claim for participatory credit - Participatory credit
may be claimed for:
(a) Attending approved education activities like seminars,
conferences, symposia, in-house education programs,
workshops, dialogues or round table discussions.
(b) Speaking or lecturing, or acting as assigned panelist,
reactor, commentator, resource speaker, moderator,
coordinator or facilitator in approved education
activities.
(c) Teaching in a law school or lecturing in a bar review
class.
Section 3. Claim for non-participatory credit - Non-
participatory credit may be claimed per compliance period
for:
(a) Preparing, as an author or co-author, written
materials published or accepted for publication, e.g.,
in the form of an article, chapter, book, or book
review which contribute to the legal education of the
author member, which were not prepared in the
ordinary course of the member's practice or
employment.
(b) Editing a law book, law journal or legal newsletter.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
RULE 6
COMPUTATION OF CREDIT HOURS
Section 1. Computation of credit hours - Credit hours are
computed based on actual time spent in an activity (actual
instruction or speaking time), in hours to the nearest one-
quarter hour.
RULE 7
EXEMPTIONS
Section 1. Parties exempted from the MCLE - The following
members of the Bar are exempt from the MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and Undersecretaries
of Executives Departments;
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members of
the judiciary, incumbent members of the Judicial and
Bar Council and incumbent court lawyers covered by
the Philippine Judicial Academy program of
continuing judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and
Assistant Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor
General;
(f) The Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional
Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman,
the Deputy Ombudsmen and the Special Prosecutor
of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-
judicial functions;
(j) Incumbent deans, bar reviews and professors of law
who have teaching experience for at least 10 years
accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the
Corps of Professors and Professorial Lectures of the
Philippine Judicial Academy; and
(l) Governors and Mayors.
Section 2. Other parties exempted from the MCLE - The
following Members of the Bar are likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the
approval of the IBP Board of Governors.
Section 3. Good cause for exemption from or modification of
requirement - A member may file a verified request setting
forth good cause for exemption (such as physical disability,
illness, post graduate study abroad, proven expertise in law,
etc.) from compliance with or modification of any of the
requirements, including an extension of time for compliance,
in accordance with a procedure to be established by the
MCLE Committee.
Section 4. Change of status - The compliance period shall
begin on the first day of the month in which a member ceases
to be exempt under Sections 1, 2, or 3 of this Rule and shall
end on the same day as that of all other members in the same
Compliance Group.
Section 5. Proof of exemption - Applications for exemption
from or modification of the MCLE requirement shall be under
oath and supported by documents.
RULE 8
STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES
Section 1. Approval of MCLE program - Subject to the rules as
may be adopted by the MCLE Committee, continuing legal
education program may be granted approval in either of two
(2) ways: (1) the provider of the activity is an approved
provider and certifies that the activity meets the criteria of
Section 3 of this Rules; and (2) the provider is specially
mandated by law to provide continuing legal education.
Section 2. Standards for all education activities - All continuing
legal education activities must meet the following standards:
(a) The activity shall have significant current intellectual
or practical content.
(b) The activity shall constitute an organized program of
learning related to legal subjects and the legal
profession, including cross profession activities (e.g.,
accounting-tax or medical-legal) that enhance legal
skills or the ability to practice law, as well as subjects
in legal writing and oral advocacy.
(c) The activity shall be conducted by a provider with
adequate professional experience.
(d) Where the activity is more than one (1) hour in
length, substantive written materials must be
distributed to all participants. Such materials must be
distributed at or before the time the activity is
offered.
(e) In-house education activities must be scheduled at a
time and location so as to be free from interruption
like telephone calls and other distractions.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
RULE 9
APPROVAL OF PROVIDERS
Section 1. Approval of providers - Approval of providers shall
be done by the MCLE Committee.
Section 2. Requirements for approval of providers - Any
persons or group may be approved as a provider for a term of
two (2) years, which may be renewed, upon written
application. All providers of continuing legal education
activities, including in-house providers, are eligible to be
approved providers. Application for approval shall:
(a) Be submitted on a form provided by the IBP;
(b) Contain all information requested on the form;
(c) Be accompanied by the approval fee;
Section 3. Requirements of all providers - All approved
providers shall agree to the following:
(a) An official record verifying the attendance at the
activity shall be maintained by the provider for at
least four (4) years after the completion date. The
provider shall include the member on the official
record of attendance only if the member's signature
was obtained at the time of attendance at the
activity. The official record of attendance shall contain
the member's name and number in the Roll of
Attorneys and shall identify the time, date, location,
subject matter, and length of the education activity. A
copy of such record shall be furnished the IBP.
(b) The provider shall certify that:
(1) This activity has been approved for MCLE by
the IBP in the amount of ________ hours of
which hours will apply in (legal ethics, etc.), as
appropriate to the content of the activity;
(2) The activity conforms to the standards for
approved education activities prescribed by
these Rules and such regulations as may be
prescribed by the IBP pertaining to MCLE.
(c) The provider shall issue a record or certificate to all
participants identifying the time, date, location,
subject matter and length of the activity.
(d) The provider shall allow in-person observation of all
approved continuing legal education activities by
members of the IBP Board of Governors, the MCLE
Committee, or designees of the Committee and IBP
staff for purposes of monitoring compliance with
these Rules.
(e) The provider shall indicate in promotional materials,
the nature of the activity, the time devoted to each
devoted to each topic and identify of the instructors.
The provider shall make available to each participant
a copy of IBP-approved Education Activity Evaluation
Form.
(f) The provider shall maintain the completed Education
Activity Evaluation Forms for a period of not less than
one (1) year after the activity, copy furnished the IBP.
(g) Any person or group who conducts an unauthorized
activity under this program or issues a spurious
certificate in violation of these Rules shall be subject
to appropriate sanctions.
Section 4. Renewal of provider approval - The approval of a
provider may be renewed every two (2) years. It may be
denied if the provider fails to comply with any of the
requirements of these Rules or fails to provide satisfactory
education activities for the preceding period.
Section 5. Revocation of provider approval - The approval of
any provider referred to in Rule 9 may be revoked by a
majority vote of the IBP Board of Governors, upon
recommendation of the MCLE Committee, after notice and
hearing and for good cause.
RULE 10
ACTIVITY AND PROVIDER APPROVAL FEE
Section 1. Payment of fees - Application for approval of an
education activity or as a provider requires payment of an
appropriate fee.
RULE 11
GENERAL COMPLIANCE PROCEDURES
Section 1. Compliance card - Each member shall secure from
the MCLE Committee a Compliance Card before the end of his
compliance period. He shall complete the card by attesting
under oath that he has complied with the education
requirement or that he is exempt, specifying the nature of the
exemption. Such Compliance Card must be returned to the
address indicated therein not later than the day after the end
of the member's compliance period.
Section 2. Member record keeping requirement - Each
member shall maintain sufficient record of compliance or
exemption, copy furnished the MCLE Committee. The record
required to be provided to the members by the provider
pursuant to Section 3(c) of Rule 9 should be sufficient record
of attendance at a participatory activity. A record of non-
participatory activity shall also be maintained by the member,
as referred to in Section 3 of Rule 5.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
RULE 12
NON-COMPLIANCE PROCEDURES
Section 1. What constitutes non-compliance - The following
shall constitute non-compliance
(a) Failure to complete the education requirement within
the compliance period;
(b) Failure to provide attestation of compliance or
exemption;
(c) Failure to provide satisfactory evidence of compliance
(including evidence of exempt status) within the
prescribed period;
(d) Failure to satisfy the education requirement and
furnish evidence of such compliance within sixty (60)
days from receipt of a non-compliance notice;
(e) Any other act or omission analogous to any of the
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
Section 2. Non-compliance notice and 60-day period to attain
compliance - A member failing to comply will receive a Non-
Compliance Notice stating the specific deficiency and will be
given sixty (60) days from the date of notification to explain
the deficiency or otherwise show compliance with the
requirements. Such notice shall contain, among other things,
the following language in capital letters:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR
NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE
MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE
DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A
DELINQUENT MEMBER.
The Member may use this period to attain the adequate
number of credit hours for compliance. Credit hours earned
during this period may only be counted toward compliance
with the prior compliance period requirement unless hours in
excess of the requirement are earned, in which case, the
excess hours may be counted toward meeting the current
compliance period requirement.
RULE 13
CONSEQUENCES OF NON-COMPLIANCE
Section 1. Non-compliance fee - A member who, for whatever
reason, is in non-compliance at the end of the compliance
period shall pay a non-compliance fee.
Section 2. Listing as delinquent member - Any member who
fails to satisfactorily comply with Section 2 of Rule 12 shall be
listed as a delinquent member by the IBP Board of Governors
upon the recommendation of the MCLE Committee, in which
case, Rule 139-A of the Rules of Court shall apply.
RULE 14
REINSTATEMENT
Section 1. Process - The involuntary listing as a delinquent
member shall be terminated when the member provides
proof of compliance with the MCLE requirement, including
payment of non-compliance fee. A member may attain the
necessary credit hours to meet the requirement for the
period of non-compliance during the period the member is on
inactive status. These credit hours may not be counted
toward meeting the current compliance period requirement.
Credit hours attained during the period of non-compliance in
excess of the number needed to satisfy the prior compliance
period requirement may be counted toward meeting the
current compliance period requirement.
Section 2. Termination of delinquent listing administrative
process - The termination of listing as a delinquent member is
administrative in nature but it shall be made with notice and
hearing by the MCLE Committee.
RULE 15
MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE
Section 1. Composition - The MCLE Committee shall be
composed of five (5) members, namely: a retired Justice of
the Supreme Court, as Chair, and four (4) members,
respectively, nominated by the IBP, the Philippine Judicial
Academy, a law center designated by the Supreme Court and
associations of law schools and/or law professors.
The members of the Committee shall be of proven probity
and integrity. They shall be appointed by the Supreme Court
for a term of three (3) years and shall receive such
compensation as may be determined by the Court.
Section 2. Duty of the Committee - The MCLE Committee shall
administer and adopt such implementing rules as may be
necessary subject to the approval by the Supreme Court. It
shall, in consultation with the IBP Board of Governors,
prescribe a schedule of MCLE fees with the approval of the
Supreme Court.
Section 3. Staff of the IBP - The IBP shall employ such staff as
may be necessary to perform the record-keeping, auditing,
reporting, approval and other necessary functions.
Section 4. Submission of annual budget - The IBP shall submit
to the Supreme Court an annual budget for a subsidy to
establish, operate and maintain the MCLE Program.
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This resolution shall take effect in October 2000, following its
publication in two (2) newspaper of general circulation in the
Philippines.
Adopted this 22nd day of August, 2000.
THE INTEGRATED BAR OF THE PHILIPPINES
BY-LAWS
ARTICLE I.
[Sections 1 to 17]
GENERAL PROVISIONS
Section 1. Name. - The national organization of lawyers
created on January 6 , 1973 under Rule of Court 139-A
(hereinafter designated as the Integration Rule) and
constituted on May 4, 1973 into a body corporate by
Presidential Decree No. 181 shall be known as the Integrated
Bar of the Philippines.
Sec. 2. Objectives and purposes. - The following are the
general objectives of the Integrated bar
to elevate the standards of the legal profession, to improve
the administration of justice; and to enable the Bar to
discharge its public responsibilities more effectively.
The purposes of the Integrated Bar include, without being
limited to, those specified in the per curiam Resolution of the
Supreme Court dated January 9, 1973 ordaining the
integration of the Philippine Bar, to wit
(1) Assist in the administration of justice;
(2) Foster and maintain, on the part of its members, high
ideals of integrity, learning, professional competence,
public service and conduct;
(3) Safeguard the professional interests of its members;
(4) Cultivate among its members a spirit of cordiality and
brotherhood;
(5) Provide a forum for the discussion of law, jurisprudence,
law reform, pleading, practice and procedure, and the
relations of the Bar to the Bench and to the public, and
publish information relating thereto;
(6) Encourage and foster legal education; and
(7) Promote a continuing program of legal research in
substantive and adjective law, and make reports and
recommendations thereon.
Sec. 3. Powers, prerogatives, functions, duties and
responsibilities. - The powers, prerogatives, functions, duties
and responsibilities of the Integrated Bar, its Chapters and
other agencies, its officers and committees, national and
local, its commissions, and its members, are as provided by
law, the Integration Rule, Presidential Decree No. 181, these
By-Laws and pertinent rules and regulations.
Inter alia, The Integrated Bar shall have perpetual succession
and shall have all legal powers appertaining to a juridical
person, particularly the power to sue and be sued; to contract
and to be contracted with; to hold real and personal property
as may be necessary for corporate purposes, to mortgage,
lease, sell, transfer, convey and otherwise dispose of the
same; to solicit and receive public and private donations and
contributions; to accept and receive real and personal
property by gift, devise or bequest; to levy and collect
membership dues and special assessments from its members;
to adopt a seal and to alter the same at pleasure; to have
offices and conduct its affairs in the Greater Manila Area and
elsewhere; to make and adopt by-laws, rules and regulations
not inconsistent with the laws of the Philippines or the Rules
of Court particularly the Integrated Rule; and generally to do
all such acts and things as may be necessary or proper to
carry into effect and promote the objectives and purposes for
which it was organized.
All donations or contributions which may be made by private
entities or persons to the Integrated Bar shall be exempt from
income and gift taxes, and the same shall further be
deductible in full and shall not be included for purposes of
computing the maximum amount deductible under Section
30, paragraph (h) of the National Internal Revenue Code, as
amended.
All taxes, charges and fees that may be paid by the Integrated
Bar or any of its Chapters to the Government or any political
subdivision or instrumentality thereof shall be refundable
annually to the former for the period extending up to
December 31, 1978.
Sec. 4. Non-political bar. - The Integrated Bar is strictly non-
political, and every activity tending to impair this basic feature
is strictly prohibited and shall be penalized accordingly. No
lawyer holding an elective, judicial, quasi-judicial, or
prosecutory office in the Government or any political
subdivision or instrumentality thereof shall be eligible for
election or appointment to any position in the Integrated Bar
or any Chapter thereof. A Delegate, Governor, officer or
employee of the Integrated Bar, or an officer or employee of
any Chapter thereof shall be considered ipso facto resigned
from his position as of the moment he files his certificate of
candidacy for any elective public office or accepts
appointment to any judicial, quasi-judicial, or prosecutory
office in the Government or any political subdivision or
instrumentality thereof.
Sec. 5. Positions honorary. - Except as may be specifically
authorized or allowed by the Supreme Court, no national or
local officer, or committee or commission member shall
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
receive any compensation, allowance or emolument from the
funds of the Integrated Bar for any service rendered therein,
or be entitled to reimbursement for any expense incurred in
the discharge of his functions.
Sec. 6. National office. - The national office of the Integrated
Bar shall be in the Greater Manila Area.
Sec. 7. Seal and emblem. - The seal and emblem of the
Integrated Bar, as adopted by the Board of Governors, shall
be kept in its national office.
Sec. 8. Notices and processes. - Services of all notices and
processes intended for the Integrated Bar of the Philippines
shall be made upon its Secretary or any other authorized
representative at its national office.
Except as otherwise provided in these By-Laws, any notice to
be served upon a member of the Integrated Bar shall be
deemed given when deposited in the mail, postage fully
prepaid, and addressed to such member at his last known
office or residence address appearing in the records or
membership roll of the national office or of the Chapter
concerned.
Notice to the general membership may be given by mail, by
publication in the Journal of the Integrated Bar, or as
otherwise directed by the Board of Governors
Sec. 9. Officer defined. - The term "officer" as used in these
By-Laws shall include, but not necessarily be limited to the
following: President, Executive Vice President, Governors,
Secretary, Treasurer and other national officers of the
Integrated Bar, officers and members of the House of
Delegates, Chapter officers and directors, commissioners, and
members of all national and local committees.
Only members in good standing may become officers and,
unless otherwise provided in these By-Laws, no person who is
not a member of the Integrated Bar may become an officer.
Sec. 10. Term of office. - The term of office of all elective
officers, national and local, shall be two years. In no case may
any member be elected to the same office for two
consecutive terms.
Sec. 11. Vacancies. - Except as otherwise provided in these By-
Laws, whenever the term of office or position, whether
elective or appointive, is for a fixed period, the person chosen
to fill a vacancy therein shall serve only for the unexpired
position of the term.
Sec. 12. Non-answerability of the Integrated Bar. - In the
absence of a showing of malice, fraud, bad faith, or
negligence, the Integrated Bar, its national officers and
Governors, the officers and members of the House of
Delegates, all the Chapters and the offices thereof,
commissioners, and all committees, national and local, and
the members thereof, shall not be answerable for any
damage, incident to any complaint, charge, investigation,
prosecution, proceeding, trial, decision, resolution,
recommendation, or action had, made, done or taken under
the authority of these By-Laws.
Sec. 13. Malfeasance, misfeasance, nonfeasance. -
Notwithstanding the provisions of the next preceding section,
the Board of Governors may motu proprio or upon the
petition of any person, inquire into any malfeasance,
misfeasance, or nonfeasance committed by any member of
the Integrated Bar or of any of its Chapters, and, after due
hearing, take whatever action it may deem warranted. Such
action may include his suspension or removal from any office
in the Integrated Bar or of its Chapters held by such erring
member, as well as recommendation to the Supreme Court
for his suspension from the practice of law or disbarment.
Sec. 14. Prohibited acts and practices relative to elections. -
The following acts and practices relative to elections are
prohibited, whether committed by a candidate for any
elective office in the Integrated Bar or by any other member,
directly or indirectly, in any form or manner, by himself or
through another person.
(1) Distribution, except on election day, of election campaign
materials;
(2) Distribution, on election day, of election campaign
materials other than a statement of the biodata of the
candidate on not more than one page of a legal-size sheet
of paper; or causing the distribution of such statement to
be done by persons other than those authorized by the
officer presiding at the elections;
(3) Campaigning for or against any candidate, while holding
an elective, judicial, quasi-judicial or prosecutory office in
the Government or any political subdivision, agency or
instrumentality thereof;
(4) Formation of tickets, single slates, or combinations of
candidates as well s the advertising thereof;
(5) For the purpose of inducing or influencing a member to
withhold his vote, or to vote for or against a candidate,
(1) payment of the dues or other indebtedness of any
member; (2) giving of food, drink, entertainment,
transportation or any article of value, or any similar
consideration to any person; or (3) making a promise or
causing an expenditure to be made, offered or promise to
any person.
Sec. 15. Supreme Court observer. - The Supreme Court may
designate an official observer at any election of the Integrated
Bar, whether national or local.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS

GONZALO D. MALIG-ON, JR
Sec. 16. Voluntary Bar Associations. - All voluntary Bar Governor for Eastern Visayas ALFREDO B. MOLO III
associations now existing or which may hereafter be formed Editor-In-Chief, IBP Journal
may co-exist with the Integrated Bar but shall not operate at
cross-purposes therewith nor against any policy, act, MARIENNE M. IBADLIT EMMANUEL S. BUENAVENTURA
resolution or decision thereof. Governor for Western Visayas National Director for Peer Assistance & Special Adviser on
Constitutional Reform Initiatives
Sec. 17. Rules of Court suppletory. - Whenever applicable, the
Rules of Court shall be suppletory to these By-Laws. DENNIS M. BACALA ROMEO RONALD SALVADOR O. SOLIS
Governor for Eastern Mindanao General Counsel
23RD BOARD OF GOVERNORS
Integrated Bar of The Philippines AMADOR Z. TOLENTINO
CHARLES B. RASONABLE Chief of Staff & Presidential Liaison for the Judiciary
ABDIEL DAN ELIJAH S. FAJARDO Governor for Western Mindanao
Chairman of the Board - National President NELSON S. GARGOLES
NATIONAL OFFICERS Assistant National Treasurer
DOMINGO EGON Q. CAYOSA Integrated Bar of The Philippines
Vice Chairman & Governor for Northern Luzon - Executive DOROTEO LORENZO B. AGUILA
Vice-President Assistant National Secretary
MANUEL JOSEPH B. IBAÑEZ III
CARMELITA R. ELEAZAR National Executive Director for Operations JASON RUDOLF ARTECHE
Governor for Central Luzon Assistant National Secretary
RANDALL C. TABAYOYONG
National Executive Director for Planning ELMAR B. GALACIO
SIXTO JOSE C. ANTONIO Deputy General Counsel
Governor for Southern Luzon JEAN FRANCOIS D. RIVERA III
National Treasurer JOEL L. BODEGON
General Counsel Emeritus
MARIE FE V. GALVEZ-GARCIA PATRICIA-ANN T. PRODIGALIDAD
Governor for Greater Manila National Secretary JOSE AGUILA GRAPILON
Presidential Adviser on Alternative Dispute Resolution
MARLOU B. UBANO
ELAINE GAY R. BELEN National Director for Bar Discipline DONEMARK JOSEPH L. CALIMON
Governor for Bicolandia Executive Director, IBP Arbitration Center
MINERVA M.B. AMBROSIO
National Director for Legal Aid

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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
JULIUS ANTHONY R. OMILA REPUBLIC ACT NO. 7662
Deputy Executive Director, Arbitration Center
AN AT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION,
ANDRE C. PALACIOS CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD
Presidential Adviser for International Law & International AND FOR OTHER PURPOSES.
Affairs
Section 1. Title. - This Act shall be known as the "Legal
JONAS FLORENTINO D.L. CABOCHAN Education Reform Act of 1993."
Presidential Adviser on Legislative Affairs
Section 2. Declaration of Policies. - It is hereby declared the
JOSE MANUEL I. DIOKNO policy of the State to uplift the standards of legal education in
Presidential Adviser on Human Rights order to prepare law students for advocacy, counselling,
problem-solving, and decision-making, to infuse in them the
BIENVENIDO L. SOMERA, JR. ethics of the legal profession; to impress on them the
Presidential Adviser on Bench and Bar Concerns importance, nobility and dignity of the legal profession as an
equal and indispensable partner of the Bench in the
GIL ROBERTO L. ZERRUDO administration of justice and to develop social competence.
Chairman, Committee on International Harmonization and
Integration Towards this end, the State shall undertake appropriate
reforms in the legal education system, require proper
RAUL S. GRAPILON selection of law students, maintain quality among law
Special Assistant to the President schools, and require legal apprenticeship and continuing legal
education.
JOSE-ANTONIO T. ALILING
Editor-In-Chief, The Bar Section 3. General and Specific Objective of Legal Education. –
JOSE GERARDO A. MEDINA (a) Legal education in the Philippines is geared to attain the
Data Privacy Officer following objectives:
(1) to prepare students for the practice of law;
(2) to increase awareness among members of the legal
profession of the needs of the poor, deprived and
oppressed sectors of society;
(3) to train persons for leadership;
(4) to contribute towards the promotion and
advancement of justice and the improvement of its
administration, the legal system and legal institutions
in the light of the historical and contemporary
development of law in the Philippines and in other
countries.
(b) Legal education shall aim to accomplish the following
specific objectives:
(1) to impart among law students a broad knowledge of
law and its various fields and of legal institutions;
(2) to enhance their legal research abilities to enable
them to analyze, articulate and apply the law
effectively, as well as to allowthem to have a holistic
approach to legal problems and issues;
(3) to prepare law students for advocacy, counselling,
problem-solving and decision-making, and to develop
their ability to deal with recognized legal problems of
the present and the future;
(4) to develop competence in any field of law as is
necessary for gainful employment or sufficient as a
foundation for future training beyond the basic
professional degree, and to develop in them the
desire and capacity for continuing study and self-
improvement;
(5) to inculcate in them the ethics and responsibilities of
the legal profession; and
(6) to produce lawyers who conscientiously pursue the
lofty goals of their profession and to fully adhere to
its ethical norms.
Section 4. Legal Education Board; Creation and Composition. -
To carry out the purpose of this Act, there is hereby created
the Legal Education Board, hereinafter referred to as the
Board, attached solely for budgetary purposes and
administrative support to the Department of Education,
Culture and Sports.
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BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
The Board shall be composed of a Chairman, who shall
preferably be a former justice of the Supreme Court or Court
of Appeals, and the following as regular members: a
representative of the Integrated Bar of the Philippines (IBP); a
representative of the Philippine Association of Law Schools
(PALS); a representative from the ranks of active law
practitioners; and, a representative from the law students'
sector. The Secretary of the Department of Education, Culture
and Sports, or his representative, shall be an ex officio
member of the Board.
With the exception of the representative of the law students'
sector, the Chairman and regular members of the Board must
be natural-born citizen of the Philippines and members of the
Philippine Bar, who have been engaged for at least ten (10)
years in the practice of law, as well as in the teaching of law in
a duly authorized or recognized law school.
Section 5. Term of Office; Compensation. - The Chairman and
regular members of the Board shall be appointed by the
President for a term of five (5) years without reappointment
from a list of at least three (3) nominees prepared, with prior
authorization from the Supreme Court, by the Judicial and Bar
Council, for every position or vacancy, and no such
appointment shall need confirmation by the Commission on
Appointments. Of those first appointed, the Chairman and the
representative of the IBP shall hold office for five (5) years,
the representatives of the PALS and the PALP, for three (3)
years; and the representative from the ranks of active law
practitioners and the representative of the law students'
sector, for one (1) year, without reappointment.
Appointments to any vacancy shall be only for the unexpire
portion of the term of the predecessor.
The Chairman and regular members of the Board shall have
the same salary and rank as the Chairman and members,
respectively, of the Constitutional Commissions: Provided,
That their salaries shall not be diminished during their term of
office.
Section 6. Office and Staff Support. - The Department of
Education, Culture and Sports shall provide the necessary
office and staff support to the Board, with a principal office to
be located in Metropolitan Manila.
The Board may appoint such other officers and employees it
may deem necessary in the performanceof its powers and
functions.
Section 7. Powers and Functions. - For the purpose of
achieving the objectives of this Act, the Board shall havethe
following powers and functions:
(a) to administer the legal education system in the country in
a manner consistent with the provisions of this Act;
(b) to supervise the law schools in the country, consistent
with its powers and functions as herein enumerated;
(c) to set the standards of accreditation for law schools
taking into account, among others, the size of enrollment,
the qualifications of the members of the faculty, the
library and other facilities, without encroaching upon the
academic freedom of institutions of higher learning;
(d) to accredit law schools that meet the standards of
accreditation;
(e) to prescribe minimum standards for law admission and
minimum qualifications and compensation of faculty
members;
(f) to prescribe the basic curricula for the course of study
aligned to the requirements for admission to the Bar, law
practice and social consciousness, and such other courses
of study as may be prescribed by the law schools and
colleges under the different levels of accreditation status;
(g) to establish a law practice internship as a requirement for
taking the Bar which a law student shall undergo with any
duly accredited private or public law office or firm or legal
assistance group anytime during the law course for a
specific period that the Board may decide, but not to
exceed a total of twelve (12) months. For this purpose,
the Board shall prescribe the necessary guidelines for
such accreditation and the specifications of such
internship which shall include the actual work of a new
member of the Bar.
(h) to adopt a system of continuing legal education. For this
purpose, the Board may provide for the mandatory
attendance of practicing lawyers in such courses and for
such duration as the Board may deem necessary; and
(i) to perform such other functions and prescribe such rules
and regulations necessary for the attainment of the
policies and objectives of this Act.
Section 8. Accreditation of Law Schools. - Educational
institutions may not operate a law school unless accredited by
the Board. Accreditation of law schools may be granted only
to educational institutions recognized by the Government.
Section 9. Withdrawal or Downgrading of Accreditation. - The
Board may withdraw or downgrade the accreditation status
of a law school if it fails to maintain the standards set for its
accreditation status.
Section 10. Effectivity of Withdrawal or Downgrading of
Accreditation. - The withdrawal or downgrading of
accreditation status shall be effetive after the lapse ofthe
semester or trimester following the receipt by the school of
the notice of withdrawal or downgrading unless, in the
meantime, the school meets and/or upgrades the standards
24 | JURIS DRINKERS
BASIC LEGAL ETHICS FINALS: CODAL PROVISIONS
or corrects the deficiencies upon which the withdrawal or
downgrading of the accreditation status is based.
Section 11. Legal Education Fund. - There is hereby created a
special endowment fund, to be known as the Legal Education
Fund, which shall be under the control of the Board, and
administered as a separate fund by the Social Security System
(SSS) which shall invest the same with due and prudent regard
to its solvency, safety and liquidity.
The Legal Education Fund shall be established out of, and
maintained from, the amounts appropriated pursuant to
paragraph 2, Section 13 hereof, and from sixty percent (60%)
of the privilege tax paid by every lawyer effective Fiscal Year
1994; and from such donations, legacies, grant-in-aid and
other forms of contributions received by the Board for the
purposes of this Act.
Being a special endowment fund, only the interests earned on
the Legal Education Fund shall be used exclusively for the
purposes of this Act, including support for faculty
development grants, professorial chairs, library
improvements and similar programs for the advancement of
law teaching and education in accredited law schools.
The Fund shall also be used for the operation of the Board.
For this purpose, an amount not exceeding ten percent (10%)
of the interest on the Fund shall be utilized.
The Board, in consultation with the SSS, shall issue the
necessary rules and regulations for the collection,
administration and utilization of the Fund.
Section 12. Coverage. - The provisions of this Act shall apply
to all schools and colleges of law which are presently under
the supervision of the Department of Education, Culture and
Sports. Hereafter, said supervision shall be transferred to the
Board. Law schools and colleges which shall be established
following the approval of this Act shall likewise be covered.
Section 13. Appropriation. - The amount of One Million Pesos
(P1,000,000.00) is hereby authorized to be charged against
the current year's appropriation of the Contingent Fund for
the initial expenses of the Board.
To form part of the Legal Education Fund, there shall be
appropriated annually, under the budget of the Department
of Education, Culture and Sports, the amount of Ten Million
Pesos (P10,000,000.00) for a period of ten (10) years effective
Fiscal Year 1994.
Section 14. Separability Clause. - If any provision of this Act is
declared unconstitutional or the application thereof to any
person, circumstance or transaction is held invalid, the
validity of the remaining provisions of this Act and the
applicability of such provisions to other persons,
circumstances and transactions shall not be affected thereby.
Section 15. Repealing Clause. - All laws, decrees, executie
orders, rules and regulations, issuances or parts thereof
inconsistent with this Act is hereby repealed or amended
accordingly.
Section 16. Effectivity. - This Act shall take effect after fifteen
(15) days following the completion of its publication in the
Official Gazette or in any two (2) newspapers of general
circulation.
Approved: 23 December 1993.
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