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The postponement order was triggered by the absence of the implementing rules and regulations (IRR) which the Integrated Bar of the Philippines (IBP) should have submitted to the SC for approval before the rule?s supposed implementation beginning this month.
The SC added that that final draft should have been submitted last May 15 to the IBP board of governors for approval with the approved draft submitted to the high court not later than May 25 for its approval.
As a result, the SC has temporarily moved the implementation of the rule to Jan. 1, 2010 provided that the IBP could come up with the corresponding IRR before above-mentioned date.
As this developed, the SC, in an en banc resolution, has directed the IBP board of governors to finalize the draft implementing rules as soon as possible and submit it for its approval.
It also ordered the IBP to submit its comment on the rule particularly on the concerns on the rendering of free legal aid service should be voluntary and that the rule will spawn litigations and clog court dockets and other related concerns.
Earlier, IBP national president Feliciano M. Bautista, in his letter dated June 19, told the SC that they have already prepared a draft implementing regulations on the mandatory legal aid service rule but said that some of their chapters have requested deferment of its implementation to provide them with time to discuss its issues and implications further.
The SC approved the rule last Feb. 10. It is aimed at enhancing ?the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them.?
Under the rule, a practicing lawyer, among others, shall coordinate with the clerk of court or the legal aid chairperson of one?s IBP Chapter for cases where the lawyer may render free legal aid service.
The prescribed 60 hours free legal service shall be spread within a period of 12 months, with a minimum of five hours of free legal aid services each month. A practicing lawyer shall also be required to secure and obtain a certificate from the clerk of court attesting to the number of hours spent rendering free legal aid services in a case.
At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the National Committee on Legal Aid (NCLA), to explain why the lawyer was unable to render the minimum prescribed hours.
The NCLA shall make a report and recommendation to declare a lawyer ?not in good standing? if a lawyer fails to give an explanation for said failure or the NCLA finds the explanation unsatisfactory.
The ?not in good standing? declaration shall be effective for a three-month period from the receipt of the erring lawyer of the notice from the IBP board of governors. During said period, the lawyer cannot appear in court or any quasi-judicial body as counsel.
The IBP committee on bar discipline shall ?motu proprio? institute disciplinary proceedings on a lawyer who fails to comply with one?s duties under this rule for at least three consecutive years.
Membership in the IBP, the national organization of lawyers, is mandatory for all lawyers.
Not all lawyers are covered by the Rule, which defines a practicing lawyer as a member of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission (NLRC), National Conciliation and Mediation Board (NCMB), Department of Labor and Employment (DOLE) regional offices, Department of Agrarian Reform Adjudication Board (DARAB) and National Commission for Indigenous Peoples (NCIP).
The term ?practicing lawyers? excludes government employees and incumbent elective officials not allowed by law to practice; lawyers who by law are not allowed to appear in court; supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples? organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and lawyers who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.
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