Vol. 5 No.

December 2009

For the Victims of the Maguindanao Massacre

IBP Launches Countdown to Justice, Marches and Other Campaigns

The Integrated Bar of the Philippines launched its campaign of involvement and assistance to the victims of the Maguindanao Massacre last December 2, 2009 at the IBP Building grounds. IBP officers, members and staff attended a memorial mass and unveiled the Countdown to Justice marker. A Manifesto of Support and Commitment was also read. Two IBP members, Atty. Connie Jayme-Brizuela and Atty. Cynthia Oquendo-Ayon, were among the 64 innocent civilians who were murdered at Ampatuan town in Maguindanao province on their way to filing a certificate of candidacy for a local politician. We are appalled at the barbarity and impunity of the massacre of our fellow lawyers, Connie Brizuela and Cynthia Ayon, together with journalists and other civilians. We join our fellow Filipinos and the international community in commiserating with the families and kin of the victims, and urge the government to give utmost attention to their quest for speedy justice. Lastly, we as lawyers vow to actively pursue justice for all the victims of this gruesome incident, and pledge to actively participate in all legal proceedings to ensure that the perpetrators of the inhuman crimes are brought swiftly to justice to the fullest extent of the law, Eastern Mindanao Governor Roan I. Libarios said, reading from the Manifesto. Earlier, Gov. Libarios met with all chapter presidents of the Eastern Mindanao Region, including those from the North Cotabato and South Cotabato
Continued on page 3...

IBP Countdown to Justice. (From left) National Secretary Tomas N. Prado, National Director for Legal Aid Rosario T. Setias-Reyes, Asst. National Treasurer Maria Teresita C. Sison Go, Eastern Mindanao Governor Roan I. Libarios, IBP OIC Justice Santiago M. Kapunan, Bicolandia Governor Jose V. Cabrera and Deputy General Counsel & Chief of Staff Rodolfo G. Urbiztondo.

I B P S ta t e m e n t

LET JUSTICE BE SERVED SWIFTLY WITHOUT FEAR OR FAVOR

(The following is the press statement of the IBP Board of Governors released on November 25, 2009, or two days after the November 23 Maguindanao Massacre) The Integrated Bar of the Philippines (IBP) expresses its severe outrage and condemnation over the recent Maguindanao massacre, which claimed the lives of 57 helpless civilians in what has become the most gruesome mass murder in recent Philippine history. The victims include two (2) lady IBP members, Attys. Concepcion Brizuela of North Cotabato Chapter and Cynthia Oquendo of South Cotabato Chapter, both respected human rights lawyers. Their recovered bodies bear imprints of gruesome acts of inhumanity. One appeared to have been raped, while the other sustained several injuries and disfigured beyond recognition. Based on reports, the two (2) IBP members were murdered while in the exercise of their duty as lawyers. They were accompanying and assisting a group of local candidates to file certificates of candidacy with the Commission on Elections (COMELEC). On their way, their convoy was waylaid and their group ended up being abducted, murdered, and buried in mass graves by armed men allegedly identified with a private army maintained by a local political clan. As shown by video footages, some of the victims were beheaded and subjected to unspeakable acts of bestiality. To cover up the crime, the perpetrators buried the dead bodies in mass graves, using a backhoe excavator, which bears the seal of the provincial government of Maguindanao. The official seal is a telling evidence that links the carnage to the local powers-that-be. The brutal massacre unparalleled in its magnitude is an indictment of our society that takes pride on adherence to democracy and the rule of law. It is an indictment of our governments inability to enforce the law and maintain order amid the mushrooming of guns and private armies in Maguindanao and other parts of the country. It is an indictment of the Comelecs own capacity to ensure clean, honest and peaceful electoral exercise in the coming political season. If only for its unparalleled magnitude and degree of brutality, the Maguindanao massacre should serve as a wake up call to check the mushrooming of private armies and politics of violence, which now cast a chilling effect on our electoral processes, the exercise of democratic rights, and the practice of law and the media profession in the coming electoral exercise. Thus, the IBP is calling on the government to act and respond decisively and consider the following recommendations: 1. 2. 3. 4. 5. 6. 7. 8. Secure the swift arrest and filing of cases against the perpetrators to restore the peoples faith in our criminal justice system and the electoral process. Immediately dismantle private armies in Maguindanao and other parts of the country. Enact laws to provide stiffer penalties against the establishment and maintenance of private armies. Place the entire Maguindanao province under full COMELEC control. Provide full protection and assistance to witnesses to prevent miscarriage of justice. Strictly implement the gun ban to prevent potential violent reprisals between the warring political clans. Create a credible multi-agency investigation committee composed of independent groups and individuals to avoid whitewash and ensure impartial findings and swift prosecution. Divest Maguindanao provincial officials involved in the incident of any supervisory authority over the local PNP.

In closing, we also call on all IBP chapters, their officers and members, as well as other sectors to launch and support actions to ensure that the perpetrators of the crime are swiftly brought to justice. Let the Maguindanao massacre and the death of our fellow lawyers unite us to close ranks and guard against any attempt to trifle with justice and the rule of law.

JUSTICE SANTIAGO M. KAPUNAN Officer-In-Charge MA. MILAGROS N. FERNAN-CAYOSA Governor for Northern Luzon JOSE V. CABRERA Governor for Bicolandia

FERDINAND Y. MICLAT Governor for Central Luzon

ROLAND B. INTING Governor for Eastern Visayas

AMADOR Z. TOLENTINO, JR. Governor for Southern Luzon

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ROAN I. LIBARIOS Governor for Eastern Mindanao

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IBP Launches...

from page 1

chapters, where Attys. Jayme-Brizuela and Oquendo-Ayon, respectively, were members, and they planned the Mindanaowide series of mass actions in support of the victims. Gov. Libarios also handed IBPs financial assistance to the families of the lawyer victims through their respective chapter presidents. The assistance was authorized by the IBP Board. In his opening remarks during the program, Bicolandia Gov. Jose V. Carbera stressed the need to be vigilant. We have an obligation to assist our fellow lawyers and the other victims of these gruesome crimes, he emphasized. The IBP unveiling of the Countdown to Justice marker at the national office lobby was meant to monitor the actual number of days until prosecution of the guilty is achieved.
December 2009

The counting started 10 days after the November 23, 2009 incident. An indignation march will also be held in Manila on December 10, coinciding with World Human Rights Day. In Davao City last December 2, the IBP-Davao City Chapter, led by its President Atty. Socorro Cabreros, together with lawyers from the National Union of Lawyers of the Philippines (NULP), held an indignation march to call the publics attention to the massacre. Atty. Martin Delgra III, IBP-Davao spokesperson, appealed for a swift and impartial resolution of the investigations and the cases to be filed, as well as an end to the killing of lawyers, journalists and innocent civilians.

The Bar Tribune

Bar Matters

Rule on Comprehensive Legal Aid Service (CLAS)

The IBP Board of Governors, pursuant to Supreme Court Resolution dated June 23, 2009, finalized and approved on November 18, 2009 its proposed version of B.M. 2012, which it renamed as the Comprehensive Legal Aid Service (CLAS), together with its draft Implementing Regulations. In approving the proposals the Board took into account comments and recommendations from IBP chapters and members all over the country, legal luminaries, and law organizations. On December 2, 2009, the IBP submitted the proposed Rule on CLAS and its draft Implementing Regulations, together with the comments and recommendations, to the Supreme Court for its consideration. Below are the full text of the proposed Rule and the pertinent portions of the draft Implementing Regulations: SECTION 1. Title. - This Rule shall be known as The Rule on Comprehensive Legal Aid Service or its acronym CLAS. SECTION 2. Purpose. - This Rule seeks to enhance 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 expediting the resolution of cases involving them. It also aims to promote and strengthen the spirit of public service and responsibility among lawyers through the Legal Aid Program of the Integrated Bar of the Philippines (IBP). Comprehensive legal aid service (CLAS) by members of the IBP and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent clients. SECTION 3. Scope. - This Rule shall govern the requirement for all covered lawyers to render CLAS by way of rendering of legal advice or counseling or preparation of legal documents for indigent clients, or legal representation before judicial, quasi-judicial or administrative bodies in all cases (whether civil, criminal or administrative) involving pauper litigants where the assistance of a lawyer is needed, and lawyering for public interest causes. It shall also govern the duty of the members of the legal profession to support the Legal Aid Program of the IBP. SECTION 4. Definition of Terms. - For purposes of this Rule: (a) Covered lawyers are members of the IBP, including government employees except those exercising judicial, quasijudicial or prosecutorial functions. Lawyers who have officially retired from the practice of law are not covered by this Rule. (b) Indigent clients are those clients whose gross family monthly income does not exceed an amount double the monthly minimum wage of an employee in the place where the clients reside; (c) Pauper litigants are those litigants whose gross family monthly income does not exceed an amount double the monthly minimum wage of an employee in the place where they reside and do not own property with a value exceeding P300,000.00; (d) Traditional legal aid services involve the rendering of legal advice or counseling or preparation of legal documents for indigent clients, or legal representation before judicial, quasijudicial or administrative bodies in actions, disputes, and controversies that are civil, criminal or administrative in nature in whatever stage thereof involving pauper litigants; (e) Developmental legal aid services refer to lawyering for public interest causes, i.e. not given to an individual and his personal interest but to a class or group of persons who face a common problem arising out of social ills and conflicts;
4 The Bar Tribune

(f)

Integrated Bar of the Philippines (IBP) is the official organization of lawyers in the Philippines;

(g) National Committee on Legal Aid (NCLA) is the committee of the IBP specifically tasked to promote the establishment and efficient maintenance of legal aid offices in the IBP Chapters nationwide suited to provide free and competent legal aid services as well as to direct and supervise such legal aid offices; (h) Commission on Bar Discipline (CBD) is the committee of the IBP specifically tasked to investigate all complaints against members of the IBP; (i) IBP Chapters are those chapters of the IBP located in the different geographical areas in the country as defined in Section 3 of Rule 139-A; and Clerk of Court is the Clerk of Court of the court where a lawyer rendered CLAS. In the case of quasi-judicial agencies or administrative bodies, it refers to an officer holding an equivalent or similar position. The term also includes an accredited mediator who conducted the courtannexed mediation proceeding.

(j)

SECTION 5. Requirements. (a) Covered lawyers shall render a minimum of sixty (60) hours of CLAS in a year. Any covered lawyer who fails to complete the sixty-hour requirement shall, at the end of each year, be assessed the amount of PESOS: ONE HUNDRED (P100.00) for every hour of deficiency. (b) A covered lawyer shall report compliance with the requirement (the Compliance Report) within fifteen (15) days after the end of the last month of each semester of the year (the Compliance Period). Said Compliance Report shall be submitted to the Chairperson of the Legal Aid Committee of the IBP Chapter where he is a member. Upon evaluation, the IBP Chapter shall issue a compliance certificate to the concerned lawyer (the Certificate of CLAS Compliance). (c) The IBP Chapter shall also submit the Compliance Reports to the NCLA for recording and documentation. The submission shall be made within forty-five (45) days after each Compliance Period. (d) Lawyers shall indicate in all pleadings filed before judicial, quasi-judicial or administrative bodies the number and date of issue of their Certificates of CLAS Compliance for the immediately preceding Compliance Period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records. (e) Before the end of a particular year, non-covered lawyers shall fill up a form prepared by the NCLA, which states that during
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Bar Matters
that year, they are government employees exercising judicial, quasijudicial or prosecutorial function, or they have officially retired from the practice of law. The forms shall be sworn to and submitted to the respective IBP Chapters where they are members or to the NCLA. (f) Before the end of a particular year, covered lawyers who failed to comply with the requirement shall fill up a form prepared by the NCLA, together with the payment of the non-compliance fee computed at P100.00 per hour (the Non-Compliance Fee). Said fee shall accrue to the special fund for the IBP Legal Aid Program. (g) Exempted government employees are encouraged to give financial contribution to the IBP Legal Aid Program. SECTION 6. NCLA. (a) The NCLA shall coordinate with the various IBP Chapter Legal Aid Committees for the proper handling and accounting of the CLAS. (b) The NCLA shall monitor the activities of the IBP Chapter Legal Aid Committees, particularly with respect to the coordination with Clerks of Court and collation of certificates. (c) The NCLA shall act as the national repository of records in compliance with this Rule. (d) The NCLA shall prepare the forms required in this Rule. (e) The NCLA shall hold in trust, manage and utilize the noncompliance fees and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its Legal Aid Program. SECTION 7. Effects of Continued Non-Compliance and Other Malfeasance (a) Any covered lawyer who fails to comply with the requirement for three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted, motu proprio, by the Commission on Bar Discipline (CBD) of the IBP. The said proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him. (b) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the said lawyer. (c) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the IBP Chapter Legal Aid Committee or by any individual shall be a ground for an administrative case against the said Clerk of Court or Chairperson or individual. This is without prejudice to the filing of the criminal charges against the malfeasor. SECTION 8. Implementing Regulations. T h e IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining: who are the covered lawyers, what constitutes CLAS and what administrative procedures and financial safeguards may be necessary and proper in the implementation of this Rule. It shall coordinate with the various IBP Chapters nationwide in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval. SECTION 9. Effectivity. - This Rule and its implementing regulations shall take effect on January 1, 2010 after they have been published in two (2) newspapers of general circulation.

IMPORTANT PROVISIONS OF THE CLAS IMPLEMENTING RULES

The more salient provisions of the Proposed Implementing Regulations are the following: Section 4. Coverage. (a) Except as otherwise provided herein, all members of the Integrated Bar of the Philippines (the IBP) shall render Comprehensive Legal Aid Service (the CLAS). (a) The following members are not covered: (1) Government employees performing judicial, quasi-judicial or prosecutorial functions; and (2) Lawyers who have officially retired from the practice of law. Section 5. Requirements. - (a) Covered lawyers shall render a minimum of sixty (60) hours of CLAS in a year. Any covered lawyer who fails to complete the required 60 hours of CLAS shall, at the end of each year, be assessed the amount of PESOS: ONE HUNDRED (P100.00) per hour of deficiency (the Non-Compliance Fee). Compliance with the requirement shall include: (1) Appearance in judicial or quasi-judicial or administrative bodies for and in behalf of pauper litigant(s) or as counsel de officio in actions, disputes or controversies (whether civil, criminal or administrative) in whatever stage thereof, or assistance in court-annexed mediation and other modes of alternative dispute resolution (ADR), which shall be credited the actual number of hours spent in rendering the CLAS (the Legal Aid Cases); (2) Preparation and filing of pleadings and motions in legal aid cases, which shall be credited as follows: Initiatory pleadings two (2) hours per pleading; Motions, except motions for time extensions and cancellation or postponement of hearings one (1) hour per motion; and (iii) Appeal Memoranda or Petitions for Review filed with the appellate courts two (2) hours per appeal or petition; (3) Rendering legal advise or counseling or preparation of legal documents for indigent clients, under the supervision of the Chairperson of the Legal Aid Committee of an IBP Chapter or NCLA, which shall be credited one (1) hour per indigent and pauper litigant for whom the CLAS was rendered; and (4) Developmental legal aid project or activity of the IBP Chapter where the CLAS was rendered or the National Committee on Legal Aid (NCLA) of the IBP, such as, but not limited to legal aid clinics, environmental awareness campaigns, legal seminars and workshops, and jail decongestion projects. (5) In computing the sixty-hour period, a lawyer may include his travel time in going to judicial or quasi-judicial or administrative body, located outside the province, city or town where he resides or holds office. (6) All covered lawyers shall coordinate with the Chairperson of the Legal Aid Committee of any IBP Chapter or NCLA for cases, projects or activities where he may render CLAS. In this connection, the Chairperson of every IBP Chapter Legal Aid Committee shall regularly and actively coordinate with the Clerks of Court and responsible officers of quasi-judicial or administrative bodies, to identify cases, projects or activities where CLAS may be rendered. (i) (ii)

December 2009

The Bar Tribune

Forum

Bar Matter No. 2012

Proposed Rule on Mandatory Legal Aid Service

(From left, upper row): National Director for Bar Discipline Alicia A. Risos-Vidal, Quezon City Chapter President Tranquil Gervacio S. Salvador III, Past President, IBP Manila III Chapter and Phil. Trial Lawyers Association Representative Romualdo A. Din Jr., Free Legal Assistance Group (FLAG) Chairman Jose Manuel I. Diokno, Director, Office of Legal Aid, UP College of Law E. (Leo) D. Battad, IBP Cebu City Chapter Director Earl M. Bonachita and IBP Iloilo Chapter President Marven B. Daquilanea, (From left, lower row): Northern Luzon Governor Ma. Milagros N. Fernan-Cayosa, Central Luzon Governor Ferdinand Y. Miclat, Southern Luzon Governor Amador Z. Tolentino, Jr., Bicolandia Governor Jose V. Cabrera, Eastern Visayas Governor Roland B. Inting, Eastern Mindanao Governor Roan I. Libarios, Deputy General Counsel & Chief of Staff Rodolfo G. Urbiztondo, National Secretary Tomas N. Prado, and National Executive Director Jaime M. Vibar.

The IBP conducted a public forum on Bar Matter No. 2012, otherwise known as the Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers (MLAS) last August 28, 2009 at the JBL Reyes Hall of the IBP Building at Ortigas Center, Pasig City. The forum was held pursuant to the resolution of the Supreme Court directing the IBP to comment on the Rule. It provided a venue for lawyers to air their positions on the issue, among which are concerns that rendition of free legal aid service should be voluntary, and that the Rule will further encourage litigation and clog court dockets. The Court also directed the IBP to submit the draft implementing regulations of B.M. No. 2012 for its final approval. The gathering was attended by IBP chapter presidents, officers and members from the nine regions, and officers and members of the Philippine Bar Association. Excerpts from the resource speakers speeches and position papers submitted by various groups are as follows:
Director E. (Leo) D. Battad, Office of Legal Aid, College of Law, UP: Legal aid should only be voluntary. Because, like we said we cannot legislate, the rendering of free legal aid services. We cannot make it mandatory because it would only create anti-poor sentiments if not even ambulance chasing. This would be true i in other regions where we believe that there arent many legal aid cases. I understand that, for example, in the province of Bicol, they said that they only have about 100 legal aid cases. So in that situation, how are we going to remedy that. Dean Amado Valdez, College of Law, UE: My proposal must be: a legal aid, if it must be mandatory, must be qualitative, not quantitative in nature. When I speak of qualitative, I speak of what kind of values we want to reform or to introduce to the society. What kind of organizing principles should we give into the character of the people so that we wont stay in a situation of hopelessness? So, this legal aid must be towards changing attitudes of people and if we want of changing attitude of people we might as well start with the lawyers. So my proposal must be: It must be limited to lawyers who have just graduated and passed the bar and made mandatory within the time frame of five years.
6 The Bar Tribune

Dean Jose Manuel I. Diokno, De La Salle University College of Law; Chairman, Free Legal Assistance Group (FLAG): If you look at the MLAS Rule, it requires the practicing lawyer to coordinate with the Clerk of Court. So there is already one layer of bureaucracy there. We all know whats going to happen in practice, after several years, papakiusapan yang mga Clerk of Courts. But anyway, we know that there is one bureaucracy there. If you look at the implementing regulations now, we also required to coordinate and get approval from the IBP Chapter. So now, we will have to deal two bureaucracies at the same time before we can get our compliance certificates. So were spending so much money, so much time, so much resources, enforcing, recording, and disciplining these people when that same amount of money could be use for better purposes. Thats one of our bottom concerns. Atty.Tranquil Gervacio S. Salvador III, President, IBP Quezon City Chapter: There are some provisions which, in my opinion are quite difficult to meet. These provisions are as follows: the 60-hour requirement. Sec. 5, paragraph A, of the Rule provides that practicing lawyer must render a minimum of 60 hours of free legal aid service. We all know for a fact that a private practitioner is
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For u m
already neck-deep with work. Unlike government lawyers who work on 8-5 basis, the working hours of private practitioners are up to unholy hours. Unlike the government lawyers who work within a permanent office, the work of a private lawyer goes beyond every known geographical barrier. I believe a reduction of hours required is in order. Atty. Earl M. Bonachita, Director, IBP Cebu City Chapter: Our members said that the BM 2012 somehow violates the unequal protection of the laws between government lawyers and private practitioners, as well as litigation lawyers and who are nonlitigation ones. They also say that the mandatory free legal service encourages litigation and further clogs court dockets. The compulsory 60 hours legal aid service annually would also violate the freedom from involuntary servitude. They also express concern that clerks of courts and the IBP legal aid chairpersons cannot possibly cope up with the administrative responsibilities, such as monitoring and issuance of certificates of compliance. They also said that experience and expertise of lawyers are not taken into consideration in giving credits in the provision of legal aid service. Likewise, they said that other forms of legal aid services done outside are not being recognized, such as jail decongestion, actual interviews with clients and other related case preparation activities, legal aid clinics and consultation, information/dissemination, seminars and educational projects. Atty. Marven B. Daquilanea, President, IBP Iloilo Chapter: Our idea is that we should remove the monetary penalty as a substitute for non-compliance. In order to dispel the impression that this is just a mercenary mechanism to augment the IBP legal aid program, we believe that if we incur the penalty, we still have to perform the unperformed service so that we will encourage everybody to comply. Philippine Bar Association: It will spawn more litigation which would inevitably decelerate the resolution of cases. It will force each practicing lawyer to find indigent or pauper litigant and encourage other indigent or pauper litigants to pursue actions or give premium on the practice of soliciting clients and cases. It also compels lawyers to practice civil or criminal cases even if their specialization are in tax or corporate cases and, therefore, will become easy prey for litigation practitioners much to the prejudice of the indigent clients. ASEAN Law Association of the Philippines: The Rule must be abolished considering that it fails to provide an inexpensive procedure hence, is inconsistent with the requirements set forth in Sec 5, Par 5, Article VIII of the Constitution, and is void for violating the equal protection clause under Sec. 1 of Article III of the Constitution by creating classifications, without substantial distinction, within the legal profession. IBP Leyte Chapter: The very reason why the said Rule on Bar Matter 2012 was formulated is actually similar to the very purpose why the Public Attorneys Office was created which is to give free legal assistance to indigent clients. Thus, considering that there is already a wellestablished and well-funded government institution which caters to the legal problems of indigent clients, the formulation of the said
December 2009 The Bar Tribune 7

Rule on Mandatory Free Legal Service would appear to be unnecessary, redundant and fruitless. IBP Makati Chapter: On the issue of whether or not the Rules on MLAS violates the constitutional requirement on simplified and inexpensive procedure rule. The Rules are not actually expensive or burdensome to lawyers considering that the rule only advocates simply five (5) hours a month and that a lawyer may spend at least a thousand for his expenses, like transportation or gasoline for his car. The gasoline money, assuming that a lawyer spends a thousand (Php1, 000. 00 or Php12, 000. 00) is not actually burdensome. If a lawyer, in the average, earns at least Forty Thousand (Php40, 000. 00) a month, his yearly income will be Four Hundred Eighty Thousand (Php480, 000. 00). mathematically, therefore, a lawyer will only spend 2.5% of his supposed yearly earnings for his free legal aid services. IBP Cotabato Chapter: Is it constitutional to compel lawyers to render free legal aid service under the pain of deprivation of their license to practice? IBP Zamboanga del Norte Chapter: It is therefore recommended or suggested that the Chairpersons of the Legal Aid Committee of the IBP of the Local chapter be exempted from the coverage of MLAS. IBP Agusan del Sur Chapter: Neither the Rule nor the Proposed Implementing Regulations provides a scenario or considers a situation that in some IBP Chapters there are plenty of IBP members of practicing lawyers but there are only very few cases which involve pauper litigants. More so, that in every IBP chapter there are PAO lawyers who cater the needs of indigent and pauper litigants. For the accused in criminal cases and for the plaintiff or defendant in civil. There are also Public Prosecutors who nay represent alone for the pauper or indigent complainants in criminal cases. Hence, some or many of them cannot comply the 60 hours or five cases per year requirement of the Rule for lack of opportunity to handle sufficient number of legal aid cases in a given year. IBP Caloocan-Malabon-Navotas (CALMANA) Chapter: Inasmuch as legal aid clients are mostly involved in criminal cases, lawyers who are not specializing in criminal law practice will encounter difficulties/possibility irreversible mistakes. The above comments and recommendations, together with the inputs of the resource speakers, were the basis in formulating the draft implementing regulations, which the IBP is submitting to the Supreme Court for approval.

L aw We e k 2 0 0 9

"IBP: Marching On In Unity" Lawyers Walk for Legal Aid

In observance of "Law Week" the Integrated Bar of the Philippines conducted a "Walk for Legal Aid" with the theme "IBP: Marching On In Unity" last September 18, 2009 at the National Library, T.M. Kalaw St., Intramuros, Manila. Atty. Midas Marquez, Supreme Court spokesperson, delivered the inspirational message of Chief Justice Reynato S. Puno. In his message, Puno stressed the need to extend help to those who cannot afford the services of competent counsel, saying that many litigants are denied due process because of the lack of assistance of lawyers. One of the highlights of the celebration was the conferment of various awards for Best Slogan, Best Mascot, Biggest Delegation, and Biggest Donor. For Best Slogan, the Manila I (Walang Butas ang Batas sa Lawyers na Patas), Manila II (Legal Aid: Handog Kalinga ng IBP sa Naaagrabiyado at Naaapi), and CALMANA (Pag sa Batas Nagkaisa, Bayan May Pag-asa Alay ng IBP-CALMANA) chapters all shared the first prize. These chapters are headed by Attys. Wenceslao L. Narido, Jr., Jewel D. Bulos and Rogelio N. Velarde, respectively. Manila II chapter won the Best Mascot plum. The Biggest Delegation award went to the Quezon City chapter, headed by its President, Atty. Tranquil S. Salvador. Finally, the San Beda Legal Aid Bureau was adjudged the Biggest Donor. The Walk for Legal Aid activity was led by Eastern Mindanao Governor Roan I. Libarios as Chairperson, with Southern Luzon Governor Amador Z. Tolentino serving as Co-chair of the Organizing Committee.

The Bar Tribune

Volume 5, Number 9

L aw We e k 2 0 0 9

Forum on Magna Carta of Women Held

Also in line with "Law Week", the Integrated Bar of the Philippines held a forum on the Magna Carta of Women in the Philippines last September 16, 2009 at the JBL Reyes Hall of the IBP Building. Senator Pia "Compaera" Cayetano, coauthor of the law, was the main invited speaker. Republic Act 9710, the Magna Carta of Women, defines discrimination against women as: any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field; any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges; a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities,

National Director for Legal Aid Rosario T. Setias-Reyes expressing the IBP's appreciation to the Guest Speaker and Reactors. (From left): Ms. Emmeline L. Verzosa, Executive Director of the National Commission on the Role of Filipino Women, Prof. Rowena V. Guanzon, law professor and advocate of women's rigths, Senator Pia Cayetano, Governor for Eastern Mindanao Roan I. Libarios and Governor for Southern Luzon Amador Z. Tolentino, Jr.

benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion. The Magna Carta of Women also lists every Filipino womans right to: Protection from all forms of violence, including those committed by the State; Protection and security in times of disaster, calamities and other crisis situations; Participation and representation; Equal treatment before the law; Equal access and elimination of discrimination against women in

education, scholarships and training; Equal participation in sports; Non-discrimination in employment in the field of military, police and other similar services; Non-discriminatory and nonderogatory portrayal of women in media and film; Comprehensive health services and health information and education; Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months; Equal rights in all matters relating to marriage and family relations.

IBP Brings Legal Aid to the Jails

National Committee on Legal Aid (NCLA) Director Atty. Rosario T. Setias-Reyes led volunteer lawyers in a visit last September 19, 2009 to the female ward of the Manila City Jail as part of the National Law Week. The female inmates need legal advice. They cannot go out of their confinement of course, so the IBP makes the effort to visit them and extend our assistance to them. This is a continuing effort of the NCLA. Next time we hope to bring more volunteer lawyers who will assist us in this project, Atty. Reyes stressed.
December 2009

(From left): Atty. Minerva M.B. Ambrosio (NCLA Deputy Director), Atty. Lucito A. Tan (NCLA Deputy Director), Atty. Rosario T. Setias-Reyes (NCLA Director).

The Bar Tribune

IBP NEWS

IBP Holds Relief Drive for Ondoy Victims

Distribution of relief goods at A. Bonifacio Ave., Cainta, Rizal. (from left) Governor for Bicolandia Jose V. Cabrera, IBP Quezon City Chapter Vice President Jonas Florentino L. Cabochan, Governor for Eastern Mindanao Roan I. Libarios, National Director for Legal Aid Rosario T. Setias-Reyes, National Director for Bar Discipline Alicia A. Risos-Vidal and IBP Manila II Chapter President Jewel D. Bulos. Also in the photos are Attys. Francis L. Rafil and Irene S. Resurreccion.

Heeding the call of service in times of crisis and need, the Integrated Bar of the Philippines conducted its own relief drive in Cainta, Rizal and in Karangalan Village II, Marikina City last October 4, 2009. IBP national and chapter officers, led by Governor for Eastern Mindanao Roan I. Libarios, Governor for Bicolandia Jose V . Cabrera, National Director for Legal Aid Rosario T. Setias-Reyes, National

Director for Bar Discipline Alicia A. Risos-Vidal and National Secretary Tomas N. Prado, together with volunteer lawyers and staff members, distributed bags of relief goods in communities affected by Typhoon Ondoy. Cainta is one of the worst-hit areas of the September 26 Metro Manila flooding, with thousands of families still needing shelter, food, medicine and important household supplies.

Its almost a crime not to help. As they say, this is a tragedy of epic proportions, so our response in terms of relief and assistance should be just as epic. We can do no less, stressed Atty. Reyes. We are aiming that this is not a one-time effort but a sustained and continuing initiative. Thousands are still in need. Our assistance should not end here today.

Operation-Tulong for Typhoon Pepeng Victims

The Integrated Bar of the Philippines National Office, led by National Director for Legal Aid Rosario T. Setias-Reyes, and the IBP Pangasinan Chapter delivered relief goods and clothing for the victims of typhoon Pepeng in Pangasinan last October 14, 2009.
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Oliver B. San Antonio Editor-in-Chief Froilan A. Montero Managing Editor Charlo DC. Paredes Aurora G. Geronimo Contributors Vivian C. Capiznon Staff Vim Q. Camacho Lay-out Artist
Telephone No.: (63.2)631-3014 Telefax No.: (63.2) 910-0417 Website: www.ibp.ph Email: Journal@ibp.ph

Volume 5, Number 9

IBP NEWS
IBP TO HOLD 19th HOUSE OF DELEGATES ANNUAL CONVENTION, REGIONAL CONVENTIONS
The Integrated Bar of the Philippines will be convening its House of Delegates in a Convention in Puerto Princesa City, Palawan on January 28-31, 2010. Around 120 delegates from all over the country are expected to attend. IBP chapter presidents automatically become part of the House of Delegates. In cases of chapters entitled to more than one delegate because of the large number of members, the Vice-President and additional delegates likewise become delegates upon designation by the chapters Board of Officers. The members of the House are the only qualified members who vote for Governors in their respective regions. The nine Governors form the national Board of Governors who serve a two-year term. Expected to be discussed during the Convention are the IBP By-Laws and activities for the incumbent officers 20092011 term. The following dates and venues were also set for the Regional Conventions: February 19-20, 2010 Tuguegarao City - Northern Luzon February 25-27, 2010 Holiday Inn, Clark, Angeles City - Central Luzon March 12-14, 2010 Bohol Tropics, Tagbilaran City - Eastern Visayas April 16-17, 2010 Antipolo City, Rizal - Southern Luzon May 2010 (after the national election) Legaspi City - Bicolandia June 2010 Cagayan de Oro City - Eastern Mindanao
December 2009

CHAPTERS CAMPAIGN FOR DRUG ABUSE PREVENTION

The IBP chapters of Misamis Oriental, Cotabato and Baguio-Benguet all actively observed Drug Abuse Prevention and Control Week last November 15-21, 2009. Misamis Oriental sponsored 300 pieces of PDEA Hotline stickers which were posted in every public utility vehicle in Region 10. The sticker made it easier to report incidences of drug abuse to the PDEA Region 10 office. In Cotabato, Chapter President Sukarno Abas said that the Chapter, in cooperation with the PDEA-ARMM and the Rotary Club of Cotabato-South, spearheaded the holding of a Lecture Series on Drug Prevention Education last November 18 at Tapayan National High School and Simuay Junction Central Elementary School, both in Bgy. Sultan Mastura, Sultan Kudarat, Maguindanao. BaguioBenguet also participated in activities during week long observance of drug abuse prevention and control.

the Philippines, under the jurisdiction of the Special Court that tries cases involving the killings of political activists and journalists. The Chapter said that in Cebu City alone, more than 170 deaths had been attributed to vigilante groups. The victims were executed because they had criminal records. The cases have remained unresolved by the Cebu City Police and by the NBI. The Chapter further stated that some of the victims have served their time in prison and hence should have been given a chance to return to society as decent and productive citizens.

TRANSFER OF JURISDICTION OF BOHOL COURTS SOUGHT

IBP Bohol Chapter passed a resolution earnestly requesting the Supreme Court to resolve the controversy of the transfer of jurisdiction of some localities of RTC Bohol Branch 52 (Talibon Bohol) to RTC Tagbilaran City. The Chapter said that with the transfer, ordered under S.C. A.M. No. 95-8-250-RTC, some 130 cases were unloaded by RTC Branch 52 to RTC Tagbilaran. The RTC of Tagbilaran objected to the transfer and communicated this objection to the Supreme Court. The same has remained unresolved by the Supreme Court. The cases that were unloaded are still unacted up to the present.

CEBU CITY CHAPTER CHAMPIONS VICTIMS OF VIGILANTE GROUPS

The Cebu City Chapter passed a resolution calling on Chief Justice Reynato S. Puno to include the cases of the victims of vigilante killings in Cebu City, Davao City, and all other places in

Commemorative Car Plates Available at the IBP National Office

For inquiries, please call Ms.Vivian Capiznon at tel. no. 6313014 loc. 119

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IBP NEWS

Integrated Bar of the Philippines 19th BOARD OF GOVERNORS (2009-2011) OATH-TAKING before Chief Justice Reynato S. Puno on August 11, 2009 at the Supreme Court. (From left): Governor for Northern Luzon Ma. Milagros N. Fernan-Cayosa, Governor for Central Luzon Ferdinand Y. Miclat, Governor for Southern Luzon Amador Z. Tolentino, Jr., Governor for Bicolandia Jose V. Cabrera, Governor for Eastern Visayas Roland B. Inting and Governor for Eastern Mindanao Roan I. Libarios. The oath-taking was witnessed by Justices Renato C. Corona, Presbitero J. Velasco, Jr. (partly hidden), Antonio Eduardo B. Nachura, Teresita J. Leonardo-De Castro, Diosdado M. Peralta and Lucas P. Bersamin.

RETIRED SC JUSTICE KAPUNAN DESIGNATED IBP OIC

Supreme Court Justice Santiago M. Kapunan, who retired from the High Court in 2004, was designated Officer-inCharge of the Integrated Bar of the Philippines last July 14, 2009. Justice Kapunans distinguished legal career included stints both in the executive department and the judiciary as well as private law practice. Before becoming Associate Justice of the Supreme Court, he served as Court of Appeals Presiding Justice, Assistant Solicitor General and Commissioner of the Land Registration Commission. He was also a Professor of Law and a private practitioner both in his home province of Capiz and in Manila.

IBP NATIONAL OFFICERS RETAINED

The 19th Board of Governors have retained the positions of the following National Officers in a holdover capacity: Attys. Tomas N. Prado (National Secretary), Ester Sison Cruz (National Treasurer), Jaime M. Vibar (Executive Director), Maria Teresita C. Sison Go (Asst. National Treasurer), Rosario T. SetiasReyes (National Director For Legal Aid), Alicia A. Risos-Vidal (National Director For Bar Discipline), Dean Pacifico A. Agabin (General Counsel), and Rodolfo G. Urbiztondo (Deputy General Counsel & Chief of Staff).

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Volume 5, Number 9