Lawyers required to render 60-hour pro bono service
Credit to Author: Christine Boton| Date: Sat, 23 Nov 2024 00:00:00 +0800
MANILA, Philippines — The Supreme Court (SC) has approved the Unified Legal Aid Service (ULAS) rules, requiring all covered lawyers to render 60 hours of pro bono legal service every three years to indigent Filipinos who cannot afford legal representation.
Under the new rules, any person unable to pay for adequate legal services, as assessed by a covered lawyer according to guidelines to be issued by the ULAS board, qualifies for free legal aid.
“The legal service itself will be free for such qualified beneficiary and the necessary expenses for the rendering of the service will be borne by the Court through the ULAS fund, which will be set up for this purpose,” the high court said in a news release yesterday.
SC further explained that pro bono legal aid services include court representation, legal advice, preparation of legal documents, developmental legal support and involvement in approved legal outreach initiatives.
The ULAS rules allow lawyers to substitute up to 50 percent of their required pro bono hours with financial contributions to the ULAS Fund. Law firms and organizations may also aggregate their lawyers’ hours to fulfill the compliance requirement, provided each lawyer personally completes at least 25 percent of their required hours.
Incentives are provided for lawyers who meet the 60-hour pro bono requirement, including 15 credit units toward their Mandatory Continuing Legal Education (MCLE). Lawyers who comply may also qualify for tax incentives under existing laws.
The rules also ease administrative burdens by expanding the types of creditable services and relaxing restrictions on where notarial acts may be performed.
The ULAS board, chaired by a Supreme Court justice, will be responsible for overseeing the implementation of the rules.
It will also include representatives from the Integrated Bar of the Philippines (IBP), the MCLE Governing Board, the Philippine Association of Law Schools and active law practitioners from all over the country.
Lawyers who fail to meet the minimum required pro bono hours will face penalties, including fines, delinquency status in the IBP and ineligibility for a Certificate of Good Standing.
The SC noted that a 60-day grace period will be given to noncompliant lawyers from the receipt of the noncompliance notice, unless explained otherwise. The penalties will be implemented if they still remain delinquent of the ULAS rules.
Certain lawyers, including those employed in the judiciary, the Public Attorney’s Office or those with over 35 years of practice, are exempt from the rules.
The ULAS rules are the result of over a year of deliberations by the SC’s technical working group, which developed the rules through extensive consultations by the Court en banc, lawyers and regional consultations in major cities.
The rules will take effect on Feb. 3, 2025, following their publication in the Official Gazette or two newspapers of general circulation.
The SC has also officially released the implementing rules and regulations (IRR) of Republic Act 11691, also known as the Judiciary Marshals Act, to guarantee the effective enforcement of the law and the establishment of the Office of the Judiciary Marshals.
Under the IRR, the newly formed Office of the Judiciary Marshals will safeguard the security of judicial personnel, officials and assets.
It will operate under the direct control and supervision of the Supreme Court and be authorized to conduct investigations, arrests and seizures to uphold court orders. Additionally, the office will assist in enforcing writs and other court processes.
“Judiciary marshals will be deployed to secure court premises, including halls of justice, courthouses and official judiciary events such as conferences, seminars and meetings,” the SC said in a statement.