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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
On November 22, 2024, the Supreme Court En Banc has approved The Rules on Unified Legal Aid Service (ULAS Rules) which mandates covered lawyers to render at least 60 hours of pro bono legal aid every three years in favor of indigent Filipinos.
Mandatory Pro Bono Legal Aid; Exclusions
It shall be mandatory for all Covered Lawyers to render Pro Bono Legal Aid Services in accordance with these Rules. The term “Covered Lawyers” shall exclude the following:
a. Lawyers in government service and incumbent elective officials who are absolutely prohibited from practicing law outside their public employment, namely:
- Justices, judges, and other officials or employees of the judiciary;
- Officials and employees of the Office of the Solicitor General;
- Government Prosecutors;
- The President, the Vice President, the Members of the Cabinet, their Deputies and Assistants;
- Chairpersons and members of the Constitutional Commissions;
- Ombudsman, Overall Deputy Ombudsman, Deputy Ombudsman, and Special Prosecutor of the Office of the Ombudsman;
- Governors and Mayors; and
- Such other government employees who are absolutely prohibited by special law or rules from engaging in private practice.
b. Lawyers employed in the Public Attorney’s Office;
c. Lawyers who are also members of the Philippine Bar and serving as Shari’ah counselors-at-law under the Shari’ah Public Assistance Office;
d. Lawyers whose request for authority to render Pro Bono Legal Aid Services from their government agency is denied by the duly authorized officer of the agency;
e. Lawyers who have been in the practice of law for at least 35 years or who are at least 60 years old, reckoned from the last year of the relevant Compliance Period;
f. Lawyers who suffer from physical disabilities or attributes, mental. Or other circumstances that render compliance with this Rules unreasonably difficult or impossible;and
g. New lawyers who are admitted to the Bar after the effectivity of this Rules, for the Compliance Period at the time of their admission.
Lawyers who are excluded under this provision shall obtain a Certificate of Exclusion with the ULAS Board before the end of the Compliance Period during which they are excluded, with proof of the circumstances applicable to them under this provision. Only those for whom a written Certificate of Exclusion was granted and issued by the ULAS Board shall be excused from complying with these Rules. Except for those issued under (e), a Certificate of Exclusion shall be effective only for the Compliance Period stated thereon.
Compliance Period: Each Compliance Period shall be for a duration of 36 months and will continue uninterrupted following the same cycle until otherwise modified by the ULAS Board. The first Compliance Period shall begin on January 1, 2025.
Lawyers Who Already Render Pro Bono Legal Aid Services
Covered Lawyers, who by nature of their profession, already render free legal aid services to Qualified Beneficiaries, may include such legal aid services as creditable hours for the relevant Compliance Period. Such lawyers include, but are not limited to the following:
- ) Covered Lawyers employed by nongovernmental organizations and nonprofit organization,
- ) Covered Lawyers who render such legal services through the IBP legal aid office, and
- ) Covered Lawyers who are acting as Supervising Lawyers of duly-certified Law Student Practitioners under the “Revised Law Student Practice Rule.”
Effects of Suspension from the Practice of Law
A Covered Lawyer whose privilege to practice law has been suspended shall continue to be required to comply with the Minimum Hours defined herein, subject to the following rules:
a. The suspended lawyer shall render the required Pro Bono Legal Aid Service during that portion of the Compliance Period when the suspension is no longer effective, subject to the grace period provided in these Rules. Should he or she fail to complete the Minimum Hours within the time fixed herein, the penalties under these Rules shall apply.
The ULAS Board, on a case-to-case basis, may waive or reduce the amount of fine imposable under these Rules, with due regard to the relevant circumstances attending such as the difficulty of completing the full Minimum Hours within the time remaining from the period fixed in the above paragraph.
b. If the duration of the suspension prohibits the Covered Lawyer from practicing law during the entire Compliance Period/s, no penalties shall be imposed for his or her failure to serve the relevant Minimum Hours. However, the unserved hours shall be carried over to the succeeding Compliance Period.
Option to Give Financial Contribution
A Covered Lawyer or Registered Organization may, in lieu of rendering the mandatory Pro Bono Legal Aid Services, opt to give a financial contribution to the ULAS Fund, in accordance with the rates to be fixed under the ULAS Rules Manual, which may cover only up to a maximum of 50% of the Minimum Hours or aggregated Minimum Hours. Such financial contribution shall be remitted to the ULAS Board before the end of the relevant Compliance Period and the corresponding creditable hours shall be deemed fulfilled upon receipt thereof.
In no case shall such financial contribution exempt a Covered Lawyer from rendering mandatory Pro Bono Legal Aid Services in excess of the 50% cap under this Section.
The foregoing notwithstanding, a Covered Lawyer or a Registered Organization that completes 40% of the applicable Minimum Hours on or before the end of the first year of the Compliance Period may opt to give a financial contribution corresponding to the remaining 60% of such Minimum Hours, in lieu of rendering the required Pro Bono Legal Aid Services.
Philippines Lawyer Based Abroad
A Philippine Lawyer Based Abroad, as ascertained by the ULAS Board, may, in lieu of rendering mandatory Pro Bono Legal Services, opt to make a financial contribution to the ULAS Fund, in accordance with the rates to be fixed under the ULAS Rules Manual, to cover 100% of the minimum hours.
Carryover of Excess Hours
If the total number of hours of Pro Bono Legal Aid Services rendered by a Covered Lawyer or Registered Organization exceeds the Minimum Hours, the excess hours may, upon the approval of the ULAS Board, be carried over to the immediately succeeding Compliance Period. In no case shall such excess hours be carried over beyond such immediately succeeding single Compliance Period.
Required Authority for Covered Lawyers in the Government
Covered Lawyers in the government shall duly secure the appropriate authority to render Pro Bono Legal Aid Services from their agency. The IBP and the ULAS Board shall coordinate with the relevant government agencies to arrive at agreements which may enable Covered Lawyers in the government to render Pro Bono Legal Aid Services on official time, and the corresponding guidelines therefore.
Crediting of Pro Bono Legal Aid Services Rendered under the Rule on Community Legal Aid Service in A.M. No. 17-03-09-SC.
Covered Lawyers who have rendered Pro Bono Legal Aid Services pursuant to the Rule on Community Legal Aid Services pursuant to the Rule on Community Legal Aid Service in A.M. No. 17-03-09-SC may file an application with the ULAS Board for the crediting of such services as creditable hours under this Rules.
Mandatory Continuing Legal Education (MCLE) Credit
Each Covered Lawyer who is able to meet the Minimum Hours required for one Compliance Period in accordance with these Rules shall be credited with 15 units of specialized continuing legal education program under the Amended Rules on MCLE for the corresponding MCLE Compliance Period under such Rules.
For purposes of this Section, the compliance period for the ULAS shall be synchronized with the compliance period for the MCLE.
Other Incentives
The grant of MCLE credits shall be without prejudice to any other benefits that the Covered Lawyer may already be legally entitled to, such as tax incentives under existing laws, tax exemptions granted by local government units, and other similar benefits.
The ULAS Board may subsidize, in full or partially, the expenses reasonably incurred by compliant Covered Lawyers or Registered Organizations in rendering Pro Bono Legal Aid Services pursuant to these Rules. The ULAS Board shall issue the necessary guidelines and rules to properly implement the grant of such subsidy.
The ULAS Board, in consultation with the IBP, and subject to the approval of the Supreme Court, shall endeavor to add incentives for Covered Lawyers who render Pro Bono Legal Aid Services in excess of the Minimum Hours required under this Rules.
Attorney’s Fees and Recoveries from the Cost of Successful Litigation
In the event of successful litigation, whatever attorney’s fees may have been awarded to the Qualified Beneficiary under this Rules shall accrue to the ULAS Fund.
Regardless of whether attorney’s fees have been awarded, the ULAS Board may require the Qualified Beneficiary, in whose favor the decision has been rendered, to turn over a nominal or reasonable portion of his or her actual recovery, except actual damages, not exceeding 10% thereof, to the ULAS Board as contribution to the ULAS Fund, provided that the Qualified Beneficiary agreed in writing to such arrangement prior to his or her engagement of the Covered Lawyer under this Rules. A portion of this amount may be given to the handling lawyer at the discretion of the ULAS Board.
Exemption from the Payment of Docket and Other Lawful Fees, and of Copy of Transcript of Stenographic Notes
A Certification Of Indigency issued by a Covered Lawyer in accordance with these Rules shall be sufficient for the court to issue the authority of exemption from payment of docket and other lawful fees and of transcripts of stenographic notes under Rule 3, Section 21 of the Rules of Court. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered that is favorable to the indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, the execution shall issue for the payment without prejudice to such other sanctions as the court may impose.
Notarial Act or Notarization Performed for the Principal who is a Qualified Beneficiary
A notarial act or notarization as defined under the 2004 Rules on Notarial Practice, in which the principal is a Qualified Beneficiary under this Rules, shall be exempt from the prohibition under Rule IV, Section 4 of the Rules on Notarial Practice against performing notarial acts outside the regular place of work or business of the notary public, provided that in no case shall such notarial act be performed outside the territorial jurisdiction of the notary public.
Prohibition against Solicitation
Covered Lawyers shall not solicit or request any legal fee from the Qualified Beneficiaries in consideration and in the course of rendering the Pro Bono Legal Aid Services under these Rules.
All legal services provided under these Rules shall be on a pro bono basis. Expenses which are reasonably necessary in the performance of such Pro Bono Legal Aid Services required under these Rules shall be charged against the ULAS Fund.
Compliance Report
Not later than one month after the end of the Compliance Period, each of the Covered Lawyer shall individually report to the ULAS Board, in writing and in the form prescribed under the ULAS Rules Manual, his or her full or partial compliance with the Minimum Hours of Pro Bono Legal Aid Services required in these Rules, or that that Covered Lawyer is excluded from compliance for the relevant Compliance Period, specifying the nature of such exclusion.
For Covered Lawyers in Registered Organizations, the concerned Registered Organization that opts to aggregate the creditable hours of Pro Bono Legal Aid Services rendered by its Covered Lawyers under this Rules shall submit a Consolidated Compliance Report to the ULAS Board not later than one month after the end of the Compliance Period.
For purposes of determining the aggregated Minimum Hours and identifying the Covered Lawyers in Registered Organizations who shall be deemed compliant, the Registered Organizations shall indicate the following:
- Its prior written election to aggregate under this Rules;
- The total number of Covered Lawyers in the Registered Organization included in the aggregation at the time of such reporting;
- The names and roll numbers of all such Covered Lawyers in the Registered Organization as of the last day of the Compliance Period;
- The allowable aggregate Minimum Hours for the Registered Organization;
- The allowable aggregate creditable hours rendered under this Rules; and
- Details of the individual or personal Pro Bono Legal Aid Service rendered by its Covered Lawyers who are included in the aggregation corresponding to at least 25% of his or her required Minimum Hours under this Rules.
Only Covered Lawyers in Registered Organizations who have not separated from the Registered Organization at the time of the reporting shall be included for the purposes of computing the aggregate Minimum Hours.
The Compliance Report shall contain such other information and supporting documents as the ULAS Board may require, which must include the documents required under this Rules.
What Constitutes Noncompliance
The following shall constitute noncompliance:
- Failure to meet the Minimum Hours of Pro Bono Legal Aid Services;
- Failure to submit a Compliance Report;
- Failure to attach to the Compliance Report the satisfactory evidence of compliance, including the Certificate of Exclusion, within the prescribed period;
- Failure to pay the noncompliance fine within the prescribed period;
- Any other acts or omissions intended to evade compliance with the mandatory Pro Bono Legal Aid Services under this Rules
Noncompliance Notice; Grace Period to Comply
Covered Lawyers who fail to comply fully with the required Minimum Hours under this Rules within the applicable Compliance Period shall be furnished a Noncompliance Notice, stating the number of deficient hours. Such noncompliant Covered Lawyer shall have a grace period of 60 days from receipt of the Noncompliance Notice to either a) attain the adequate number of credit hours for full compliance, b) make a financial contribution subject to the 50% cap under this Rules, or otherwise c) explain in detail why he or she is unable to fully comply with this Rules. In all of these cases, the noncompliant Covered Lawyer shall file an Answer with the ULAS Board with attached Supplemental Compliance Report as may be provided in the ULAS Rules Manual, when appropriate, but in no case shall such filing exceed the grace period fixed herein.
Creditable hours earned during the grace period shall be counted toward compliance with the prior Compliance Period unless hours in excess of the requirement are earned, in which case the excess may be counted toward meeting the current Compliance Period.
Effects of Noncompliance
Covered Lawyers or Registered Organizations who fail to comply with these Rules even after the grace period shall incur the following penalties:
- Liability to pay a noncompliance fine in an amount to be determined by the ULAS Board, which shall not be less than twice the amount of financial contribution corresponding to the unserved portion of the Minimum Hours of the Covered Lawyer who failed to comply, and which fine shall in no case exceed thrice the amount of such financial contribution;
- Listing as a delinquent member of the IBP, upon the recommendation of the ULAS Board; and
- Marking as ineligible to obtain a Certificate of Good Standing from the Office of the Bar Confidant.
The penalties under paragraphs b and c of this Section shall be automatically lifted upon certification by the ULAS Board that the fine under paragraph a is fully paid, including legal interests and surcharges, if any.
Repeated noncompliance with these Rules may be met with graver penalties, including the imposition of other sanctions under the law, as may be determined by the ULAS Board, and within the parameters set forth in the ULAS Rules Manual.
The payment of fines and the service of penalties herein shall be in addition to the requirement to render the Minimum Hours of Pro Bono Legal Aid Services during the relevant Compliance Period. The deficient hours shall be carried over to the immediately succeeding Compliance Period and will, thus, be added to the Minimum Hours for the latter Compliance Period.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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