THE
LAWYER’S DUTIES
TO THE LEGAL PROFESSION
A. UPHOLDING INTEGRITY OF PROFESSION
• Canon 7: A lawyer shall at all times uphold the integrity and dignity of the
legal profession and support the activities of the integrated bar.
• Rule 7.01. A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.
• Rule 7.02. A lawyer shall not support the application for admission to the bar of any person
known by him to be unqualified in respect to character, education, or other relevant attribute.
• Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or private life, behave in a scandalous manner to
the discredit of the legal profession.
A person shall make no false statement in his application for admission
to the bar
Rule 7.01. A lawyer shall be answerable for knowingly making a false
statement or suppressing a material fact in connection with his application for
admission to the bar.
• Observance of the duties and responsibilities of a lawyer begins even as a law student. A
student’s failure to live up to them may be a ground for SC to refuse admission to practice or
for disbarment should SC learn later on about his/her transgressions.
• A person seeking to be admitted to the bar must show that he has all the qualifications and
none of the disqualifications prescribed by law.
A lawyer shall not support unqualified applicant to the bar
Rule 7.02. A lawyer shall not support the application for admission to the bar of
any person known by him to be unqualified in respect to character, education, or
other relevant attribute.
• A lawyer should not readily execute an affidavit of good moral character in favor of an
applicant who has not live up to the standard set by law.
• He should volunteer information or cooperate in any investigation concerning alleged
anomaly in the bar examination. This is to help guard the profession from candidates who are
unfit or unqualified.
• He should expose without fear or favor before the SC corrupt or dishonest conduct in the
profession and should not hesitate to accept professional employment against a lawyer who
has wronged his client.
A lawyer shall always conduct himself ethically and morally
The best way a lawyer can uphold the integrity and dignity of the profession is not to
engage in conduct that adversely reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a scandalous manner to the discredit of the
legal profession. (Rule 7.03.)
• He should endeavor to conduct himself in such a way as to give credit to the legal
profession and to inspire the confidence, respect, and trust of his clients and the
community.
• Acts which adversely reflect on the lawyer’s fitness to practice law, which justify
suspension:
1. Gross immorality.
2. Conviction of a crime involving moral turpitude.
3. Fraudulent transactions.
Gross immorality reflective of unfitness to practice
• Gross immorality of the act, not merely immorality, to justify suspension or
disbarment.
• Grossly Immoral Act
1. One that is so corrupt and false as to constitute a criminal act.
2. Unprincipled or disgraceful as to be reprehensible to a high degree.
Acts of gross immorality, justifying denial of application to take the lawyer’s oath or
suspension or disbarment :
1. Living an adulterous life with a married woman.
2. Maintaining illicit relations with a niece.
3. Abandonment of his lawful wife to live with another woman.
4. Contracting marriage while first marriage still subsisting.
5. Seducing a woman to have carnal knowledge with her on the basis of misrepresentation that he is going to
marry her, that he is single, or that they are already married upon signing a mere application for marriage
license.
6. Carnal knowledge with a student by taking advantage of his position.
Conviction of a crime involving moral turpitude
Moral turpitude:
• Anything which is done contrary to justice, honesty, modesty, or good morals.
• Any act of vileness, baseness, or depravity in the private and social duties a man owes
his fellowmen or to society, contrary to the accepted rule of right and duty between
man and woman.
• In general, all crimes which fraud or deceit is an element.
Lawyers convicted of such crime are either suspended or disbarred.
Commission of fraud or falsehood
• Commission of such may badly reflect on his fitness to practice law.
• He may be administratively disciplined.
Acts of misconduct calling for disciplinary actions:
1. Falsely stating in a deed of sale that the
property is free from liens or
encumbrances.
• 5. Borrowing money as a guardian for
his benefit upon the ward’s property as
collateral without the court’s approval.
2. Knowingly taking part in a false and
simulated transaction.
• 6. Encashing a check payable to his
deceased cousin by signing the latter’s
name.
3. Making it appear that a vendor, long
dead, executed a document of sale in his
favor.
4. Concealing in an information sheet
required by law in connection with his
employment the fact that he was charged
with or convicted of a crime.
• 7. Falsifying a power of attorney and
using it to collect the money due the
principal and converting it to his benefit.
• 8. Misappropriating money belonging to
his employer.
B. LAWYER’S RELATION WITH OTHER LAWYERS
Canon 8. A lawyer shall conduct himself with courtesy, fairness, and candor
toward his professional colleagues, and shall avoid harassing tactics against
opposing counsel.
• Rule 8.01. A lawyer shall not, in professional dealings, use language which is
abusive, offensive or otherwise improper.
• Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.
Candor, fairness, and truthfulness should characterize relations
• Duty of lawyer to restrain his client from improprieties and to terminate his relation
with him if the latter persists in his wrongdoing.
• A lawyer should not use, to his or his client’s benefit, the secrets of the adverse party
acquired through design or inadvertence.
A lawyer should use temperate language
Rule 8.01. A lawyer shall not, in professional dealings, use language which is
abusive, offensive or otherwise improper.
• His arguments, written or oral, should be gracious to both the court and the opposing
counsel.
• Should be of such words as may be properly addressed by one gentleman to another.
• “Do as adversaries do in law: strive mightily but eat and drink as friends.”
• Whatever may be the ill-feelings between the clients should not influence counsel in their
conduct and demeanor toward each other.
• They should scrupulously avoid all personalities and personal history or personal peculiarities
and idiosyncrasies of the other.
A lawyer shall not encroach upon business of another
Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer; however, it is the right of any lawyer, without fear or favor, to
give proper advice and assistance to those seeking relief against unfaithful or neglectful
counsel.
• A lawyer should not steal the other lawyer’s client nor induce the latter to retain him by
promise of better service, good result or reduced fees for his services. Neither should he
disparage another, make comparisons or publicize his talent as a means to further his law
practice.
• It is, however, the right of a lawyer, without fear or favor, to give proper advice to those
seeking relief against unfaithful or neglectful counsel.
• He may accept employment to handle a matter previously handled by another lawyer,
provided that the other lawyer has been given notice of termination of service. Without such
notice, he shall only appear once he has obtained conformity or has, at the very least, given
sufficient notice of contemplated substitution.
• A lawyer’s appearance in the case without notice to the first lawyer amounts to an improper
encroachment upon the professional employment of the original counsel.
Negotiation with opposite party
• Canon 9 of the Canons of Professional Ethics provides that a “lawyer shall not in any
way communicate upon the subject of controversy with a party represented by
counsel, much less should he undertake to negotiate or compromise the matter with
him, but should deal only with his counsel. It is incumbent upon the lawyer most
particularly to avoid everything that may tend to mislead a party not represented by
counsel, and he should not undertake to advise him as to the law.”
• A lawyer should not, in the absence of the adverse party’s counsel, interview the
adverse party and question him as to the facts of the case even if the adverse party
was willing to do so. Neither should he sanction the attempt of his client to settle a
litigated matter with the adverse party without the consent nor knowledge of the
latter’s counsel.
Association as a colleague in a case
• A client’s proffer of assistance of additional counsel should not be regarded as evidence
of want of confidence but the matter should be left to the determination of the client.
• The 2nd lawyer should communicate with the 1st before making an appearance.
Should the 1st lawyer object, he should decline association but if the 1st lawyer is
relieved, he may come into the case.
• When there is conflict of opinions between two lawyers jointly associated in a case, the
client should decide. The decision should be accepted unless the nature of the
difference makes it impracticable for the lawyer whose judgment has been overruled to
cooperate effectively. In this event, it is his/her duty to ask client to relieve him/her.
C. PREVENTING UNAUTHORIZED PRACTICE OF LAW
Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized
practice of law.
• Rule 9.01. A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a member of
the Bar in good standing.
• Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law, except:
1. there is a pre-existing agreement with a partner or associate that, upon the latter’s death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the
agreement; or
2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer; or
3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the
plan is based in whole or in part, on profit-sharing arrangement.
Duty to prevent unauthorized practice of law
Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of
law.
• Public policy requires that the practice of law be limited to those individuals found duly
qualified in education and character.
• The permissive right conferred on the lawyer is an individual and limited privilege
subject to withdrawal if he fails to maintain proper standards of moral and professional
conduct.
• Purpose is to protect the public, the court, the client, and the bar from incompetence
and dishonesty of those
• unlicensed to practice law and not subject to the disciplinary control of the court.
Duty to prevent unauthorized practice of law
• The law makes it a misbehavior on the part of the lawyer to aid a layman in the
unauthorized practice of law.
• A person not admitted to the bar may not hold himself out to the public as engaged in
the practice of law, either alone or as associated with a practicing attorney under a
firm name. (US v. Ney (1907))
• He may not form a partnership with a lay accountant to specialize in income tax work
unless he ceases to hold himself out as a lawyer and strictly confine his activities to
such as are open to lay accountants.
Intervention of intermediary not allowed
• Prohibition on intermediary to intervene in the performance of lawyer’s professional
obligations.
• Lawyer’s relation to client is personal and responsibility is direct.
• Intervention of lay agency between lawyer and the client is forbidden.
Intervention of intermediary not allowed
• It is thus improper for a lawyer to accept employment from an automobile club which,
in soliciting membership, offers free services of it legal department to members.
• Employment should not include the rendering of legal services to members of such an
organization in respect to their individual affairs.
• A charitable society rendering aid to the indigent is not, however, an intermediary
within the meaning of the rule.
A lawyer shall not delegate legal work to non-lawyers
Rule 9.01. A lawyer shall not delegate to any unqualified person the performance of any
task which by law may only be performed by a member of the Bar in good standing.
• He should not delegate to a layman any work which involves the application of law,
such as:
1. The computation and determination of the period within which to appeal and adverse judgment.
2. Examination of witnesses.
3. Presentation of evidence.
• Can employ secretaries, investigators, detectives, researches as long as they are not
involved in the practice of law (e.g., not ―writing‖ pleadings, appearing in court, etc.)
A lawyer shall not divide fees with non-lawyers
Rule 9.02. A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law.
• Exceptions:
• 1. Where there is a pre-existing agreement with a partner or associate that, upon the latter’s
death, money shall be paid over a reasonable period of time to his estate or to persons
specified in the agreement.
• 2. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer.
• 3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if
the plan is based in whole or in part, on profit-sharing arrangement.
A lawyer shall not divide fees with non-lawyers
• The first two exceptions to the rule represent compensation for legal service rendered
by the deceased lawyer during his lifetime, which is paid to his estate or heirs.
• The third exception to the rule does not involve, strictly speaking, a division of legal
fees with non-lawyer employees. The retirement benefits in the form of pension
represent additional deferred wages or compensation for past services of the
employees
• Impropriety arises where the effect of the arrangement is to make the estate or heir a
member of the partnership along with the surviving partners, or where the estate or
heir is to receive a percentage of fees that may be paid from future business of the
deceased lawyer’s clients. Such fees no longer represent compensation for past
services of the deceased lawyer.
• An agreement between a union lawyer and a layman president of the union to divide
equally the attorney’s fees that may be awarded in a labor case violates the rule.
D. SOLICITATION AND ADVERTISING
A lawyer shall not solicit legal business
• The law prohibits lawyers from soliciting cases for the purpose of gain, either
personally, or through paid agents or brokers, and makes the act malpractice. (Rule
138, Sec. 27, Rules or Court)
• Sec. 27. Attorneys removed or suspended by 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.
A lawyer shall not solicit legal business
• Rule 2.03. A lawyer shall not do or permit to be done any act designed to primarily
solicit legal business.
Among those that fall under the prohibition:
1. A lawyer who recommends employment of himself, his partner, associate, or member of his legal staff to a
non-lawyer who has not sought his advice regarding employment of a lawyer.
2. A lawyer who compensates and gives anything of value to a person or organization to recommend or
secure his employment of a client.
3. A lawyer who gives a reward for having made a recommendation resulting in his employment by a client.
A lawyer shall not charge lower rates to attract business
• An unethical practice of indirect solicitation of legal business.
• Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
• What the rule prohibits is the competition in the matter of charging professional fees
for the purpose of attracting clients in favor of a lawyer with lower rates.
• The rule does not prohibit the charging of a reduced fee or none at all, to an indigent
or a person having difficulty paying the usual fee.
A lawyer cannot advertise his talent; reasons therfor
• General rule: A lawyer cannot advertise his talent as a shopkeeper advertises his
wares.
• Restriction originated from practices in the Inns of Court of England.
• Young men studying to become barristers regarded the law as primarily a form of
public service in which the gaining of a livelihood was but a secondary consideration.
A lawyer cannot advertise his talent; reasons therfor
• A lawyer is a member of an honorable profession whose primary purpose is to render
public service and help secure justice and in which remuneration is a mere incident.
• To allow a lawyer to advertise his talent or skill is to commercialize the practice of law,
lower the profession in public confidence and lessen its ability to render efficiently that
high character of service to which every member of the bar is called.
• If competitive advertising were permitted, the conscientious and ethical lawyers will
unavoidably be at the mercy of the braggart.
Proper or permissible advertising or solicitation
What makes solicitation improper is:
1. the employment of such methods as are incompatible with the traditional dignity of a lawyer and
maintenance of correct professional standards or
2. the use of artificial means to augment the publicity that normally results from what a lawyer does.
Proper or permissible advertising or solicitation
• Best advertising for a lawyer: A well-merited reputation for professional capacity
and fidelity to trust.
• Good and efficient service to a client as well as to the community has a way of
publicizing itself and catching public attention.
• That publicity is a normal by-product of effective service.
• A good and reputable lawyer needs no artificial stimulus to generate it and to magnify
his success.
Proper or permissible advertising or solicitation
EXCEPTIONS:
• 1. Those which are expressly allowed.
• 2. Those which are necessarily implied from the restrictions.
Proper or permissible advertising or solicitation
EXCEPTIONS:
• publication in reputable law list with brief
biographical and other informative data which
may include name, associates, address, phone
numbers, branches of law practiced, birthday,
day admitted to the bar, schools and dates
attended, degrees and distinctions, authorships,
teaching positions, associations, legal fraternities
and societies, references and regularly
represented clients must be published for that
purpose;
• an ordinary, simple professional card;
• publication of simple announcement of opening
of law firm, change of firm;
• telephone directory (but not under designation of
special branch of law);
• if acting as an associate (specializing in a branch
of law), may publish a brief and dignified
announcement to lawyers (law list, law journal);
• seeking a public office (which can be filled only
by a lawyer);
• full time position as corporate counsel;
• if in media, those acts incidental to his practice
(i.e., not his own initiative);
• write articles for publication giving information
upon the law (and not individual rights or
advising through column/ TV broadcast, lest such
be considered indirect advertising);
•
if entering into other businesses (which are
not inconsistent with lawyer’s duties) then it is
advisable that they be entirely separate and
apart such that a layman could distinguish
between the two functions.
Writing legal articles
• An attorney “may with propriety write articles for publications in which he gives
information upon the law; but he should not accept employment from such
publications to advise inquiries in respect to their individual rights.”
(Canon 40, Code of Professional Ethics)
• A lawyer may properly write and sell for publication, articles of general nature on legal
subjects in a law journal.
What should be guarded against is the violation of the ethical principles concerning:
1. Improper advertising by a lawyer.
2. Giving of legal advice to one with whom no attorney-client relationship exists.
3. Aiding of a layman to engage in unauthorized practice of law.
Engaging in business or other occupation
• It is not uncommon to see lawyers combining law practice with some other lawful
occupation.
• The fact that he is a lawyer does not preclude him from engaging in business.
• Impropriety arises when the nature and manner of business is inconsistent with the
duties of the lawyer such as when it is used as a cloak for indirect solicitation on his
behalf.
• It is necessary that the lawyer keeps any business in which he is engaged, entirely
separate and apart from his practice.
• He shall make it clear to his client in what capacity he is acting.
Engaging in business or other occupation
Businesses closely associated with the practice of law:
• Collection agency.
• Real estate brokerage.
• Insurance agency.
• Mortgage service.
• Tax service and consultancy.
A lawyer shall make clear whether he is acting in another capacity
Rule 15.08. A lawyer who is engaged in another profession or occupation concurrently
with the practice of law shall make clear to his client whether he is acting as a lawyer or
in another capacity.
• The reason is that certain ethical considerations governing the attorney-client
relationship may be operative in one and not in the other.
Lawyer shall not use false statement regarding his qualification or service
• CANON 3: A lawyer in making known his legal services shall use only true, honest,
fair, dignified and objective information or statement of facts.
• Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory, or unfair statement or claim
• regarding his qualifications or legal services.
• Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.
Similarly, he should not resort to indirect advertisements, such as furnishing or inspiring
newspaper comments, or procuring his photograph to be published.
Lawyer shall not use false statement regarding his qualification or service
• It is highly unethical for an attorney to advertise his talents or skill as a merchant
advertises his wares. The law is a profession and not a business. The lawyer may not
sell or obtain employment himself or through others for to do so would be
unprofessional. It is destructive of the honor of a great profession. It lowers the
standards of that profession. It works against the confidence of the community and it
results in needless litigation. (In Re: Tagorda, 53 Phil 37 (1929))7
• Tagorda was suspended for soliciting business. Before Tagorda’s election to the
provincial board of Isabela, he used a card offering services as an attorney and a
notary public free. The card also stated that he was a candidate for the provincial
board. After his election, he wrote a letter to the barrio lieutenant informing him that
he would continue his practice as lawyer and asking that the lieutenant transmit this
information to the barrio.
Examples of improper advertising:
• Distribution of a diary which has an attorney’s card printed in the cover.
• Procuring a lawyer’s name to be written in an automobile insurance policy with
direction to the insured to contact the attorney in case of accident.
A lawyer shall not use false or misleading firm name
• Law partnership among lawyers for the general practice of law is common.
• Such partnership is a mere association of lawyers for such purpose and is a non-legal
entity.
• It is not a business partnership under the Civil Code.
• No person should be admitted or held out as a member who is not a lawyer.
A lawyer shall not use false or misleading firm name
Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be
used. The continued use of the name of a deceased partner is permissible provided that
the firm indicates in all its communications that said partner is deceased.
• The reason for allowing the continued use of the name of a deceased partner is that all
the partners, by their joint efforts over a period of time, contributed to the goodwill
attached to the firm name, and this goodwill is disturbed by a change in firm name
every time a partner dies.
• Filipino lawyers cannot practice law under the name of a foreign law firm, as the latter
cannot practice law in the Philippines.
A lawyer shall not use false or misleading firm name
• The use of the foreign law firm in the country is unethical:
• The respondent’s use of the firm name constitutes a representation that being
associated with Baker and McKenzie they could ―render legal services to the highest
quality to multinational business enterprises and others engaged in foreign trade and
investment.‖ This is unethical because Baker & McKenzie is not authorized to practice
law here. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985))
A partner who accepts public office should withdraw from the firm; exception
Rule 3.03. Where a partner accepts public office, he shall withdraw from the firm and
his name shall be dropped from the firm name unless the law allows him to practice law
concurrently.
The purpose of the rule is to prevent the law firm from using his name to attract legal business and to avoid
suspicion of undue influence.
A lawyer shall not seek media publicity
• Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.
• Media publicity, as a normal by-product of efficient legal service, is not improper.
• What is improper is for a lawyer to resort to propaganda to secure media publicity for
the purpose of attracting legal business.
• The purpose of the rule is to prevent some lawyers from gaining unfair advantage over
others through the use of gimmickry.
• Procuring his photograph to be published in connection with cases he is handling.
• Making a courtroom scene to attract the attention of newspapermen.
• Arranging for the purpose an interview with him by media people.
E. THE INTEGRATED BAR OF THE PHILIPPINES
Integration of the bar
• The official unification of the entire lawyer population.
• Requires membership and financial support of every attorney as a condition sine qua
non to the practice of law.
• Bar integration signifies the setting up by the government authority of a national
organization of the legal profession based on the recognition of the lawyer as an officer
of the court.
• Integration fosters cohesion among lawyers and ensures the promotion of the
objectives of the legal profession pursuant to the principle of maximum bar autonomy
with minimum supervision by the Supreme Court.
Power to integrate the bar
• The Constitution vests upon the Supreme
Court the power to integrate the Philippine
bar.
•
Such power is an inherent part of the
Court’s constitutional authority over the
bar.
• “Supreme Court may adopt rules of court
to effect the integration of the Philippine
Bar.”
(RA 6397 AN ACT PROVIDING FOR THE
INTEGRATION OF THE PHILIPPINE BAR)
• However, RA 6397 neither confers a new
power nor restricts the Court’s inherent
power but is a mere legislative declaration
that the integration will promote public
interest or will raise the standard of the
legal profession.
• January 16, 1973, Supreme Court ordained
the integration of the Philippine Bar.
• Presidential Decree 181
(CONSTITUTING THE INTEGRATED BAR OF
THE PHILIPPINES INTO A BODY
CORPORATE AND PROVIDING
GOVERNMENT ASSISTANCE THERETO FOR
THE ACCOMPLISHMENT OF ITS PURPOSES)
constituted the Integrated Bar into a
corporate body.
Constitutionality of integration
• Constitutionality hinges on the effects of bar integration on the lawyer’s constitutional
rights of freedom of association and freedom of speech and on the nature of the dues
exacted from him.
In upholding the constitutionality of integration, the Supreme Court quoted
approvingly the report of the Commission on Bar Integration on the matter as
follows:
Freedom of Association
• “To compel a lawyer to be a member of an integrated bar is not violative of his
constitutional freedom to associate (or the corollary right not to associate).”
• “Integration does not make a lawyer a member of any group of which he is not already
a member. He became a member of the bar when he passed the bar exams. All that
integration does is to provide an official national organization for the well-defined but
unorganized and incohesive group of which every lawyer is already a member.”
• “The compulsion to which he is subjected is the payment of annual dues”
• “The inherent power of the Supreme Court to regulate the bar includes the authority to
integrate the bar. “
In upholding the constitutionality of integration, the Supreme Court quoted
approvingly the report of the Commission on Bar Integration on the matter as
follows:
Regulatory fee
For the Court to prescribe dues does not mean that the Court levies a tax.
• A membership fee is an exaction for regulation, while the purpose of a tax is revenue.
• An integrated bar program would not be possible to push through without means to defray the concomitant
expenses.
• The public interest promoted by integration far outweighs the inconsequential inconvenience to a member
that might result from his required payment of annual dues.
In upholding the constitutionality of integration, the Supreme Court quoted
approvingly the report of the Commission on Bar Integration on the matter as
follows:
Freedom of Speech
“A lawyer is free, as he has always been, to voice his views on any subject in any
manner he wishes, even though such views be opposed to positions taken by the unified
bar.”
• For the Integrated Bar to use a member’s dues to promote measures to which said member is opposed,
would not nullify or adversely affect his freedom of speech.
• Since a State may constitutionally condition the right to practice law upon membership, it is difficult to
understand why it should become unconstitutional for the bar to use the member’s dues to fulfill the very
purposes for which it was established.
In upholding the constitutionality of integration, the Supreme Court quoted
approvingly the report of the Commission on Bar Integration on the matter as
follows:
Fair to all lawyers
Bar integration is not unfair to lawyers already practicing because although the
requirement to pay dues is a new regulation. It will give the member a new system
which they hitherto have not had, and through which, by proper work, they will receive
benefits they have not hereto enjoyed. Because it will apply equally to all lawyers.
Because it is a new regulation in exchange for new benefits, it is not retroactive,
unequal, or unfair.
IBP, Purposes:
• 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;
• 7. Promote a continuing program of legal
research in substantive and adjective
law, and make reports and
recommendations thereon; and
• 8. Enable the Bar to discharge its public
responsibility effectively.
IBP Membership
The following persons are, automatically and without exception members of the
Integrated Bar of the Philippines:
a. All lawyers whose names were in the Roll of Attorneys of the Supreme Court as of January 16, 1973; and
b. All lawyers whose names were included or are entered therein after the said date.
Membership dues and effect of nonpayment thereof
Sec. 23. Membership dues. - On or before the 31st day of December, every member of
the Integrated Bar shall pay annual dues for the ensuing fiscal year in the amount of
FIVE HUNDRED PESOS at the National Office or at the office of his Chapter, to take effect
on January 1, 1995.
• Subject to approval by the Supreme Court, the Board of Governors may increase the
annual membership dues, or modify the apportionment thereof.
Membership dues
All lawyers shall indicate in all pleadings, motions and papers signed and filed by them in
any court in the Philippines - and in the case of government lawyers, in all official
documents issued by them - the number and date of their official receipt indicating
payment of their annual membership dues to the Integrated Bar of the
Philippines for the current year, or in the case of life members, their life membership
roll number. (As amended pursuant to Bar Matter No. 668).
Sec. 24. Effect of non-payment of dues.
Except for the fiscal year 1974- 1975, any member who has not paid his membership
dues for any given fiscal year on or before the last day (June 30) of the immediately
preceding fiscal year shall be considered as dues-delinquent members. For the fiscal year
1974-1975 any member who has not paid the annual dues on or before November 30,
1974 shall be considered a dues-delinquent. If the delinquency continues until the
following December 31, the Board of Governors shall by Resolution forthwith suspend all
his membership privileges other than the practice of law.
IBP Organizational Setup
• Sec. 47. National Officers.
The Integrated Bar of the Philippines shall have a President and Executive Vice President to be chosen by the
Board of Governors from among nine (9) regional governors, as much as practicable, on a rotation basis. The
governors shall be ex officio Vice President for their respective regions. There shall also be a Secretary and
Treasurer of the Board of Governors to be appointed by the President with the consent of the Board. (As
amended pursuant to Bar Matter 491).
• Sec. 30. Composition of the House (of Delegates).
The Integrated Bar shall have a House of Delegates composed of not more than one hundred and twenty
members apportioned among all the Chapters. On or before December 31, 1974, and every two years
thereafter, the Board of Governors shall make a reappointment of Delegates among all the Chapters as nearly
as may be according to the number of their respective members, but each Chapter shall have at least one
Delegate.
IBP Organizational Setup
• Sec. 26. Chapters. –
A Chapter of the Integrated Bar shall be organized in every province existing on the date of the effectivity of
the Integration Rule. Except as hereinbelow provided, every city shall be considered part of the province
within which it was geographically situated prior to its creation as a city.
IBP National Officers
Sec. 50. Duties of officers. –
(a) President: The President shall be the chief executive of the Integrated Bar, and shall preside at all
meetings of the Board of Governors.
(b) Executive Vice President: The Executive Vice President shall exercise the powers and perform the
functions and duties of the President during the absence or inability of the latter to act, and shall perform
such other functions and duties as are assigned to him by the President and the Board of Governors.
(c) Governors: In addition to his duties as a member of the Board of Governors, each elective Governor
shall act as representative of his Region in the Board. He shall promote, coordinate and correlate activities of
the Chapters within his Region.
IBP National Officers
Sec. 50. Duties of officers. –
(d) Secretary: The Secretary shall attend all meetings of the Board of Governors, and keep a record of all
the proceedings thereof; prepare and maintain a register of all members of the Integrated Bar; notify
national officers as well as members of national committees of their election or appointments; cause to be
prepared the necessary official ballots for the election of Governors; and perform such other duties as are
assigned to him by these By-Laws, by the President and by the Board of Governors.
(e) Treasurer: The Treasurer shall collect, receive, recorder and disburse ad funds of the Integrated Bar
Sec. 49. Terms of office. - The President and the Executive Vice President shall hold
office for a term of two years from July 1 following their election until June 30 of their
second year in office and until their successors shall have been duly chosen and
qualified.
Board of Governors
• Sec. 39. Nomination and election of the Governors. - At least one (1) month before
the national convention the delegates from each region shall elect the governor for
their region, the choice of which shall as much as possible be rotated among the
chapters in the region.
• The Integrated bar is governed by a Board of Governors consisting 9 Governors from
the 9 regions.
• The President and the Executive Vice President, if chosen by the Governors from
outside themselves, shall ipso facto become members of the board.
Board of Governors
• Sec. 38. Term of office. - The Governors shall hold office for a term of two years
from July 1 immediately following their election to June 30 of their second year in
office and until their successors shall have been duly chosen and qualified.
Functions of the BOG
• a. Fix the date, time and place of every
convention of the House of Delegates;
• b. Make appropriations and authorize
disbursements from the funds of the Integrated
Bar;
• c. Engage the services of employees, define their
duties and fix their compensation;
• d. Receive, consider and act on reports and
recommendations submitted by the House of
Delegates or its committees;
• e. Provide for the publication of the Journal of
the Integrated Bar;
• f. Administer the Welfare Fund;
• g. Fill vacancies, however arising in the positions
of officers of the Integrated Bar;
• h. Subject to the approval of the Supreme Court,
promulgate Canons of Professional Responsibility
for all members of the Integrated Bar;
• i. Promulgate rules and regulations for the
establishment and maintenance of lawyer referral
services throughout the Philippines;
• j. Subject to the approval of the Supreme Court,
impose special assessments for specific national
purposes, and impose, or recommend sanctions
for non-payment or delinquency in the payment
thereof;
• k. Prescribe such rules and regulations as may
be necessary and proper to carry out the
objectives and purposes of the Integrated Bar;
and
• l. Perform such other functions as may be
necessary or expedient in the interest of the
Integrated Bar.
House of Delegates
Sec. 30. Composition of the House. - The Integrated Bar shall have a House of
Delegates composed of not more than one hundred and twenty members
apportioned among all the Chapters. On or before December 31, 1974, and every two
years thereafter, the Board of Governors shall make a reappointment of Delegates
among all the Chapters as nearly as may be according to the number of their respective
members, but each Chapter shall have at least one Delegate.
House of Delegates
• Sec. 31. Membership. - The membership of the House of Delegates shall consist of
all the Chapter Presidents and in the case of Chapters entitled to more than one
Delegate each, the Vice Presidents of the Chapters and such additional Delegates as
the Chapters are entitled to. Unless the Vice President is already a Delegate, he shall
be an alternate Delegate. Additional Delegates and alternates shall in proper cases be
elected by the Board of Officers of the Chapter. Members of the Board of Governors
who are not Delegates shall be members ex oficio of the House, without the right to
vote.
House of Delegates
• Sec. 34. Special convention. - Special conventions of the House may be called by
the Board of Governors motu proprio, or upon written petition therefor filed with the
Secretary of the Integrated Bar signed by not less than thirty Delegates.
• Sec. 33. (b) The President and Executive Vice President of the IBP shall be the
Chairman and Vice-Chairman, respectively, of the House of Delegates. The Secretary,
Treasurer, and Sergeant-at-Arms shall be appointed by the President with the consent
of the House of Delegates.
Chapter Government
• The fundamental objective of the Chapter is to administer the affairs of the IBP within
its territorial jurisdiction under the general direction and supervision of the Board of
Governors.
• 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.
Each chapter has its own government.
Chapter Government
• The chapter government is vested in a Board of Officers composed of:
•
•
•
•
•
a President
a Vice-President
a Secretary
a Treasurer
and five Directors
who shall be elected at the biennial meeting and shall hold office for a term of 2 years.