L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib
RELEVANT LAWS & RULES IN PRACTICE
I. AM 11-09-04-SC (Efficient Use of Paper Rule)
a. Applicability
Apply to all courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court.
b. Format and Style
a) All pleadings, motions, and similar papers intended for the court
and quasi-judicial body's consideration and action (court-bound
papers) shall be written in single space with a one and-a-half
space between paragraphs, using an easily readable font style of
the party's choice, of 14-size font, and on a 13-inch by 8.5-inch
white bond paper; and
II. AM 12-08-08-SC (Judicial Affidavit Rule)
a. Scope and Application
(a) This Rule shall apply to all actions, proceedings, and incidents
requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in
Cities, the Municipal Trial Courts, the Municipal Circuit Trial
Courts, and the Shari' a Circuit Courts but shall not apply to
small claims cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of
Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by the
Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of
procedure are subject to disapproval of the Supreme Court,
insofar as their existing rules of procedure contravene the
provisions of this Rule.
(b) For the purpose of brevity, the above courts, quasi-judicial bodies,
or investigating officers shall be uniformly referred to here as the
"court."
b. Contents of a Judicial Affidavit
A judicial affidavit shall be prepared in the language known to the
witness and, if not in English or Filipino, accompanied by a translation
in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of
the witness;
(b) The name and address of the lawyer who conducts or supervises
the examination of the witness and the place where the
examination is being held;
(c) A statement that the witness is answering the questions asked
of him, fully conscious that he does so under oath, and that he
may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
(1) Show the circumstances under which the witness acquired
the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues
that the case presents; and
(3) Identify the attached documentary and object evidence
and establish their authenticity in accordance with the
Rules of Court;
(e) The signature of the witness over his printed name; and
III. AM 02-08-13-SC as amended (2004 Rules on Notarial Practice)
a. Definition of Terms
i. Acknowledgment - refers to an act in which an individual on a
single occasion
(a) appears in person before the notary public and presents an
integrally complete instrument or document;
(b) is attested to be personally known to the notary public or
identified by the notary public through competent evidence
of identity as defined by these Rules; and –
b) All decisions, resolutions, and orders issued by courts and by
quasi-judicial bodies under the administrative supervision of the
Supreme Court shall comply with these requirements. Similarly
covered are the reports submitted to the courts and transcripts
of stenographic notes.
c. Margins and Prints - The parties shall maintain the following margins on
all court-bound papers: a left-hand margin of 1.5 inches from the edge;
an upper margin of 1.2 inches from the edge; a right hand margin of
1.0 inch from the edge; and a lower margin of 1.0 inch from the edge.
Every page must be consecutively numbered.
(f) A jurat with the signature of the notary public who administers
the oath or an officer who is authorized by law to administer the
same.
c. Sworn Attestation of the Lawyer
(a) The judicial affidavit shall contain a sworn attestation at the end,
executed by the lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that the
witness gave; and
(2) Neither he nor any other person then present or assisting
him coached the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
d. Application of Rule to Criminal Actions
(a) This rule shall apply to all criminal actions:
(1) Where the maximum of the imposable penalty does not
exceed six years;
(2) Where the accused agrees to the use of judicial affidavits,
irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever the
penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pretrial, serving
copies if the same upon the accused. The complainant or public
prosecutor shall attach to the affidavits such documentary or
object evidence as he may have, marking them as Exhibits A, B, C,
and so on.
No further judicial affidavit, documentary, or object evidence
shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of
the judicial affidavits of the prosecution, he shall have the option
to submit his judicial affidavit as well as those of his witnesses to
the court within ten days from receipt of such affidavits and
serve a copy of each on the public and private prosecutor,
including his documentary and object evidence previously marked
as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct
testimonies of the accused and his witnesses when they appear
before the court to testify.
e. Application of Rule to Small Claims Cases (AM 08-08-07-SC)
- SHALL NOT APPLY TO SMALL CLAIMS CASES
(c) represents to the notary public that the signature on the
instrument or document was voluntarily affixed by him for
the purposes stated in the instrument or document, declares
that he has executed the instrument or document as his free
and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in
that capacity.
ii. Affirmation or Oath - refers to an act in which an individual on a
single occasion:

(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as
defined by these Rules; and
(c) avows under penalty of law to the whole truth of the
contents of the instrument or document.
iii. Commission - refers to the grant of authority to perform notarial
acts and to the written evidence of the authority.
iv. Copy Certification - refers to a notarial act in which a notary public:
(a) is presented with an instrument or document that is neither
a vital record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or
document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
v. Notarial Act and Notarization - refer to any act that a notary public
is empowered to perform under these Rules.
vi. Notarial Certificate - refers to the part of, or attachment to, a
notarized instrument or document that is completed by the notary
public, bears the notary's signature and seal, and states the facts
attested to by the notary public in a particular notarization as
provided for by these Rules
vii. Notary Public and Notary - refer to any person commissioned
to perform official acts under these Rules.
viii. Principal - refers to a person appearing before the notary public
whose act is the subject of notarization.
ix. Regular Place of Work or Business - refers to a stationary office in
the city or province wherein the notary public renders legal and
notarial services.
b. Qualifications of a Notary Public - A notarial commission may be issued
by an Executive Judge to any qualified person who submits a petition in
accordance with these Rules. To be eligible for commissioning as notary
public, the petitioner:
(1) must be a citizen of the Philippines; chan robles virtual law library
(2) must be over twenty-one (21) years of age; chan robles virtual law
library
(3) must be a resident in the Philippines for at least one (1) year and
maintains a regular place of work or business in the city or
province where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime
involving moral turpitude.
e.
c. Term of Office of a Notary Public
A person commissioned as notary public may perform notarial acts in
any place within the territorial jurisdiction of the commissioning court
for a period of two (2) years commencing the first day of January of the
year in which the commissioning is made, unless earlier revoked or the
notary public has resigned under these Rules and the Rules of Court.
f.
d. Power and Limitations
Powers.
(a) A notary public is empowered to perform the following notarial
acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature
by thumb or other mark on an instrument or document presented
for notarization if:
(1) the thumb or other mark is affixed in the presence of the
notary public and of two (2) disinterested and unaffected
witnesses to the instrument or document;
L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib
(2) both witnesses sign their own names in addition to the
thumb or other mark;
(3) the notary public writes below the thumb or other mark:
"Thumb or Other Mark affixed by (name of signatory by
mark) in the presence of (names and addresses of witnesses)
and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other
mark through an acknowledgment, jurat, or signature
witnessing.
(c) A notary public is authorized to sign on behalf of a person who is
physically unable to sign or make a mark on an instrument or
document if:
(1) the notary public is directed by the person unable to sign or
make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence
of two disinterested and unaffected witnesses to the
instrument or document;
(3) both witnesses sign their own names;
(4) the notary public writes below his signature: “Signature
affixed by notary in presence of (names and addresses of
person and two [2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment
or jurat.
Prohibitions.
(a) A notary public shall not perform a notarial act outside his regular
place of work or business; provided, however, that on certain
exceptional occasions or situations, a notarial act may be
performed at the request of the parties in the following sites
located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where
oaths of office may be administered;
(2) public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an
instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document
requiring notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as
signatory to the instrument or document –
(1) is not in the notary's presence personally at the time of the
notarization; and
(2) is not personally known to the notary public or otherwise
identified by the notary public through competent evidence
of identity as defined by these Rules.
Jurisdiction of a Notary Public and Place of Notarization
i. Regular Place of Work or Business - The term “regular place of
work or business” refers to a stationary office in the city or
province wherein the notary public renders legal and notarial
services
ii. Exceptions
Disqualifications – A notary public is disqualified from performing a
notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee,
advantage, right, title, interest, cash, property, or other
consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within the
fourth civil degree.
Refusal to Notarize. - A notary public shall not perform any notarial act
described in these Rules for any person requesting such an act even if
he tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial
act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of
the notary public reasonable doubt as to the former's knowledge

of the consequences of the transaction requiring a notarial act;
and
(c) in the notary's judgment, the signatory is not acting of his or her
own free will.
g. Revocation of Commission
SECTION 1. Revocation and Administrative Sanctions.
(a) The Executive Judge shall revoke a notarial commission for any
ground on which an application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary
public who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial
register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge
within the first ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of
his commission;
(5) fails to submit his notarial register, when filled, to the
Executive Judge;
(6) fails to make his report, within a reasonable time, to the
Executive Judge concerning the performance of his duties, as
may be required by the judge;
(7) fails to require the presence of a principal at the time of the
notarial act;
(8) fails to identify a principal on the basis of personal
knowledge or competent evidence;
(9) executes a false or incomplete certificate under Section 5,
Rule IV;
(10) knowingly performs or fails to perform any other act
prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment
of the Executive Judge constitutes good cause for revocation
of commission or imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved
person, the notary public shall be required to file a verified answer
to the complaint. If the answer of the notary public is not
satisfactory, the Executive Judge shall conduct a summary
hearing. If the allegations of the complaint are not proven, the
complaint shall be dismissed. If the charges are duly established,
the Executive Judge shall impose the appropriate administrative
sanctions. In either case, the aggrieved party may appeal the
decision to the Supreme Court for review. Pending the appeal, an
order imposing disciplinary sanctions shall be immediately
executory, unless otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate administrative
proceedings against a notary public, subject to the procedures
prescribed in paragraph (c) above and impose the appropriate
administrative sanctions on the grounds mentioned in the
preceding paragraphs (a) and (b).
h. Competent Evidence of Identity
RULE II - SEC. 12. Competent Evidence of Identity. - The phrase
“competent evidence of identity” refers to the identification of an
individual based on:
(a) at least one current identification document issued by an official
agency bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known to
the notary public and who personally knows the individual, or of
two credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the
individual and shows to the notary public documentary
identification.
i. Reportorial Requirement
IV. BM 850, October 2, 2001 (Mandatory Continuing Legal Education)
L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib
j. Renewal of Commission
RULE III - SEC. 13. Renewal of Commission. - A notary public may file a
written application with the Executive
Judge for the renewal of his commission within forty-five (45) days
before the expiration thereof. A
mark, image or impression of the seal of the notary public shall be
attached to the application.cralaw
Failure to file said application will result in the deletion of the name of
the notary public in the register
of notaries public.cralaw
The notary public thus removed from the Register of Notaries Public
may only be reinstated therein
after he is issued a new commission in accordance with these Rules.
iii. Period of Renewal
SEC. 14. Action on Application for Renewal of Commission. - The
Executive Judge shall, upon
payment of the application fee mentioned in Section 3 above of
this Rule, act on an application for the
renewal of a commission within thirty (30) days from receipt
thereof. If the application is denied, the
Executive Judge shall state the reasons therefor.cralaw
k. Change of Status of Notary Public
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. -
Within ten (10) days after the change of name of the notary public by
court order or by marriage, or
after ceasing to maintain the regular place of work or business, the
notary public shall submit a signed
and dated notice of such fact to the Executive Judge.
The notary public shall not notarize until:chanroblesvirtuallawlibrary
(a) he receives from the Executive Judge a confirmation of the new
name of the notary public and/or
change of regular place of work or business; and
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps have
been completed, the notary public
may continue to use the former name or regular place of work or
business in performing notarial acts
for three (3) months from the date of the change, which may be
extended once for valid and just cause
by the Executive Judge for another period not exceeding three (3)
months.
SEC. 2. Resignation. - A notary public may resign his commission by
personally submitting a written,
dated and signed formal notice to the Executive Judge together with his
notarial seal, notarial register
and records. Effective from the date indicated in the notice, he shall
immediately cease to perform
notarial acts. In the event of his incapacity to personally appear, the
submission of the notice may be
performed by his duly authorized representative.cralaw
SEC. 3. Publication of Resignation. - The Executive Judge shall
immediately order the Clerk of Court
to post in a conspicuous place in the offices of the Executive Judge and
of the Clerk of Court the names
of notaries public who have resigned their notarial commissions and the
effective dates of their
resignation.cralaw
l. Sanctions
m. Notarial Acts
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats; chan robles virtual law library
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
 L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib

a. Purpose
Rule 1. PURPOSE - SECTION 1. Purpose of the MCLE. Continuing legal education is required of members of the Integrated Bar of the
Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics
of the profession and enhance the standards of the practice of law.
b. Requirements
Rule 2. MANDATORY CONTINUING LEGAL EDUCATION
SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt under Rule 7 shall complete every
three (3) years at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. Of
the 36 hours:
(a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4) credit units.
(c) At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five (5) credit units.
(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence equivalent to
nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to four (4) credit units.
(f) At least two (2) hours shall be devoted to international law and international conventions equivalent to two (2) credit
units.
(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee
equivalent to six (6) credit units.
c. Compliance
Rule 3. COMPLIANCE PERIOD
SECTION 1. Initial compliance period. -- The initial compliance period shall begin not later than three (3) months
from the adoption of these Rules. Except for the initial compliance period for members admitted or readmitted after the establishment of the program, all
compliance periods shall be for thirty-six (36) months and shall begin the day after the
end of the previous compliance period.
SEC. 2. Compliance Groups. -- Members of the IBP not exempt from the MCLE requirement shall be divided into
three (3) compliance groups, namely:
(a) Compliance group 1. -- Members in the National Capital Region (NCR) or Metro Manila are assigned to Compliance
Group 1.
(b) Compliance group 2. -- Members in Luzon outside NCR are assigned to Compliance Group 2.
(c) Compliance group 3. -- Members in Visayas and Mindanao are assigned to Compliance Group 3.
Nevertheless, members may participate in any legal education activity wherever it may be available to earn
credit unit toward compliance with the MCLE requirement.
SEC. 3. Compliance period of members admitted or readmitted after establishment of the program. Members
admitted or readmitted to the Bar after the establishment of the program shall be assigned to the appropriate Compliance
Group based on their Chapter membership on the date of admission or readmission.
The initial compliance period after admission or readmission shall begin on the first day of the month of admission or
readmission and shall end on the same day as that of all other members in the same Compliance Group.
(a) Where four (4) months or less remain of the initial compliance period after admission or readmission, the member is not
required to comply with the program requirement for the initial compliance.
(b) Where more than four (4) months remain of the initial compliance period after admission or readmission, the member
shall be required to complete a number of hours of approved continuing legal education activities equal to the number of
months remaining in the compliance period in which the member is admitted or readmitted. Such member shall be
required to complete a number of hours of education in legal ethics in proportion to the number of months remaining in
the compliance period. Fractions of hours shall be rounded up to the next whole number.
d. Exemptions
Rule 7. EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. -- The following members of the Bar are exempt from the MCLE
requirement:
(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive
Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary,
incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitors General;
(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office of
the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10) years in
accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine
Judicial Academy; and
(l) Governors and Mayors.
SEC. 2. Other parties exempted from the MCLE. The following Members of the Bar are likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of Governors.
SEC. 3. Good cause for exemption from or modification of requirement A member may file a verified request setting
 L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib

forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven expertise in law,
etc.) from compliance with or modification of any of the requirements, including an extension of time for compliance, in
accordance with a procedure to be established by the MCLE Committee.
SEC. 4. Change of status. The compliance period shall begin on the first day of the month in which a member ceases
to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same
Compliance Group.
SEC. 5. Proof of exemption. Applications for exemption from or modification of the MCLE requirement shall be
under oath and supported by documents.
e. Sanctions
Rule 12. NON-COMPLIANCE PROCEDURES
SECTION 1. What constitutes non-compliance. The following shall constitute non-compliance:
(a) Failure to complete the education requirement within the compliance period;
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed
period;
(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt
of non-compliance notice;
(e) Failure to pay non-compliance fee within the prescribed period;
(f) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the
MCLE requirements.
SEC. 2. Non-compliance notice and 60-day period to attain compliance. -Members failing to comply will receive a
Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to
file a response clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain
the following language near the beginning of the notice in capital letters:
IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY
(INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT
MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE
PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE.
Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate
number of credit units for compliance. Credit units earned during this period may only be counted toward
compliance with the prior compliance period requirement unless units in excess of the requirement are earned, in
which case the excess may be counted toward meeting the current compliance period requirement.
Rule 13. CONSEQUENCES OF NON-COMPLIANCE
SECTION 1. Non-compliance fee. -- A member who, for whatever reason, is in non-compliance at the end of the
compliance period shall pay a non-compliance fee.
SEC. 2. Listing as delinquent member. -- A member who fails to comply with the requirements after the sixty (60)
day period for compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the
MCLE Committee. The investigation of a member for non-compliance shall be conducted by the IBPs Commission on
Bar Discipline as a fact-finding arm of the MCLE Committee.
SEC. 3. Accrual of membership fee. -- Membership fees shall continue to accrue at the active rate against a member
during the period he/she is listed as a delinquent member.

V. AM No. 17-03-09-SC (Rules on Community Legal Aid Service)

a. Rationale
SECTION 2. Rationale. - The legal profession is imbued with public interest. As such, lawyers are charged with the duty to give meaning to the guarantee of access
to adequate legal assistance under Article III, Section 11 of the 1987 Constitution by making their legal services available to the public in an efficient and convenient
manner compatible with the independence, integrity and effectiveness of the profession. As a way to discharge this constitutional duty, lawyers are obliged to
render pro bono services to those who otherwise would be denied access to adequate legal services.
b. Scope
SECTION 3. Scope. - This Rule shall govern the mandatory requirement for covered lawyers to render pro bono legal aid services to qualified litigants, as defined
herein.
c. Covered Lawyers
SECTION 4. (a) "Covered lawyers" shall refer to those who have successfully passed the Annual Bar Examinations and have signed the Roll of Attorneys for that
particular year; for purposes of this Rule, it shall include those who will pass the 2017 Bar Examination and are admitted to the Bar in 2018.
d. Pro Bono Legal Aid Service
(b) "Pro Bono Legal Aid Service" shall refer to supervised post admission legal services in civil, criminal and administrative cases consisting of:
1. Legal services provided without charge for the following qualified parties or litigants:
i. Indigent Party or Pauper Litigants, as defined;
ii. Other persons of limited means, as defined;
iii. Individuals, groups, or organizations rendered unable to secure free legal assistance by reason of conflict of interest on the part of government-provided legal
assistance through the Public Attorney's Office; and
iv. Public interest cases that have societal impact and involves a group or sector of society that otherwise would not be capable of securing legal assistance by reason
of inability of other lawyers, law firms, or government offices, including the Public Attorney's Office.
2. The following shall be considered legal services for purposes of this Rule:
i. Representation of qualified litigants, as defined, in the trial courts in civil and criminal cases and quasi-judicial bodies in administrative cases, including proceedings
for mediation, voluntary or compulsory arbitration, and alternative dispute resolution;
ii. Legal counseling, rendering assistance m contract negotiations and drafting of related legal documents, including memoranda of law and other similar documents
that are provided to the client. Drafting may include policy work involving legal research and advocacy;
iii. Developmental Legal Assistance, consisting of rights awareness, capacity-building, and training in basic human rights, documentation, and affidavit-making,
rendered in public interest cases, including legal assistance rendered by identified Public Interest Law Groups;
 L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib

iv. Legal services provided as part of employment in the judiciary, executive, or legislative branches of government shall be considered sufficient compliance with
this Rule, provided that the covered lawyer must already be in government service at least six months before admission into the Bar; provided further, that the legal
services provided are substantive, as certified by the Heads of Office; and
v. Legal services provided to marginalized sectors and identities, such as but not limited to: (a) urban poor; (b) workers/laborers; ( c) overseas foreign workers; ( d)
children in conflict with the law; and ( e) persons involved in gender issues.
e. Requirements
i. Number of Hours
SECTION 5. Requirements. -
(a) Number of Hours - Covered lawyers, as defined under Section 4(a), are required to render one hundred twenty (120) hours of pro bona legal aid services to qualified
parties enumerated in Section 4(b ), within the first year of the covered lawyers' admission to the Bar, counted from the time they signed the Roll of Attorneys. For this
purpose, covered lawyers shall report to the chairperson of the IBP Chapter Legal Aid Committee of their choice or the chairperson, director, or supervising partner or
lawyer from the Accredited Legal Aid Service Provider of their choice for their compliance with this Rule.
ii. Free Legal Aid Services on Weekends
(b) Free Legal Aid Services on Weekends - Upon written request duly approved by the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director,
or supervising partner or lawyer from the Accredited Legal Aid Service Provider, covered lawyers may comply with the requirements of this Rule on weekends. Said
lawyers are entitled to an extension of the compliance period, upon submission of the weekend schedules by the IBP committee chairperson or the appropriate officer
of the Accredited Legal Aid Service Provider.
iii. Exemptions
(c) Exemptions - The following shall be exempted from the requirements of this Rule upon sufficient proof of their respective circumstances submitted with the OBC:
i. Covered lawyers in the executive and legislative branches of government, provided that the covered lawyer must already be in government service at least six ( 6)
months before admission into the Bar; however, those employed upon admission into the Bar with the judiciary, the Public Attorney's Office, the National Prosecution
Service, the Office of the Solicitor General, the Office of the Government Corporate Counsel, and the Office of the Ombudsman shall be automatically exempt from
compliance with this Rule;
ii. Those who have already undergone and completed the clinical legal education program duly organized and accredited under Rule 138-A (The Law Student Practice
Rule);
iii. Covered lawyers who have worked for at least one (1) year in law firms offering pro bona legal services or regularly accepting counsel de oficio appointments;
iv. Covered lawyers who have previously worked for more than one (1) year as staff of a Law School Legal Aid Office, as defined, a Public Interest Law Group, or an
alternative or developmental law group; and
v. Covered lawyers who have worked with lawyers for Public Interest Law Groups or alternative or developmental law groups for more than one (1) year and have filed
public interest cases.
Within thirty (30) days from the date of signing the Roll of Attorneys, any aforelisted lawyer shall submit his/her sworn statement and that of the chairperson, director or
supervising partner or lawyer of the Accredited Legal Aid Service Provider showing his/her entitlement to the exemption from the rule. Otherwise, the new lawyer shall
not be considered exempt from the Rule.
f. Pro Bono Cases
(b) "Pro Bono Legal Aid Service" shall refer to supervised post admission legal services in civil, criminal and administrative cases consisting of:
1. Legal services provided without charge for the following qualified parties or litigants:
i. Indigent Party or Pauper Litigants, as defined;
ii. Other persons of limited means, as defined;
iii. Individuals, groups, or organizations rendered unable to secure free legal assistance by reason of conflict of interest on the part of government-provided legal assistance
through the Public Attorney's Office; and
iv. Public interest cases that have societal impact and involves a group or sector of society that otherwise would not be capable of securing legal assistance by reason of
inability of other lawyers, law firms, or government offices, including the Public Attorney's Office.
2. The following shall be considered legal services for purposes of this Rule:
i. Representation of qualified litigants, as defined, in the trial courts in civil and criminal cases and quasi-judicial bodies in administrative cases, including proceedings for
mediation, voluntary or compulsory arbitration, and alternative dispute resolution;
ii. Legal counseling, rendering assistance m contract negotiations and drafting of related legal documents, including memoranda of law and other similar documents that
are provided to the client. Drafting may include policy work involving legal research and advocacy;
i. Supervision of Covered Lawyers
SECTION 5. Requirements. –
(d) Supervision of Covered Lawyers - Representation in civil and criminal cases before courts and in administrative cases before quasi-judicial agencies and the rendition
of other pro bona legal aid services shall be under the direct supervision and control of the chairperson of the IBP Chapter Legal Aid Committee, or the chairperson,
director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider where the covered lawyers are registered or affiliated.
ii. Signing of Pleadings
(e) Signing of Pleadings - Any and all pleadings, motions, briefs, memoranda, or other papers to be filed in court or any quasi-judicial agency must be signed by the covered
lawyers and co-signed by the chairperson of the IBP Chapter Legal Aid Committee, or the chairperson, director, or supervising partner or lawyer from the Accredited Legal
Aid Service Provider.
The pleadings may be signed solely by the covered lawyers only in the event the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or
supervising partner or lawyer from the Accredited Legal Aid Service Provider is unavailable but such signature page shall indicate who the supervising lawyers are.
g. Time Log and Timesheets
(f) Time Log and Timesheets - The IBP Chapter Legal Aid Committee or the Accredited Legal Aid Service Provider shall keep a record of the time/hours spent by new
lawyers in rendering free legal aid services to qualified parties or litigants. For this purpose, the said committee or legal aid service provider shall designate a person
responsible to keep timesheets containing the number of hour(s) spent every week by each new lawyer in rendering free legal aid services for each assigned case and/or
client. Time spent in the office or at the place designated by the IBP Chapter Legal Aid Committee or Accredited Legal Aid Service Provider, regardless of whether there
are clients attended to or not, shall also be recorded and included in the computation of the hours required by this Rule. The actual hours spent by the new lawyers in
court or before any quasi-judicial agency with the client shall likewise be recorded and counted.
The timesheets shall be authenticated by the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or supervising partner or lawyer in charge
of the Accredited Legal Aid Service Provider.
h. Period for Compliance
SECTION 6. Period for Compliance. - Covered lawyers shall complete the community legal aid service within twelve (12) months from the date they sign the Roll of
Attorneys. Within one (1) month after the lapse of the said period, covered lawyers shall submit the Certificate of Compliance issued by the Accredited Legal Aid Service
Provider to the OBC.
 L E G A L F O R M S | SY 2018-2019
Atty. Michael Francis L. Hubahib

The twelve (12) month period may be extended upon a petition duly submitted and granted by the Bar Confidant, who will furnish the Office of the Chief Justice with a
copy of the order resolving the petition. The petition for extension must be filed before the lapse of the period for compliance. In the event a new lawyer has completed
the required number of hours before the end of the one (1) year period, he/she can already submit the Certificate of Compliance to the OBC.
In order to address possible economic hardships that may be caused by strict compliance with this Rule, or for any justifiable reason, qualified lawyers may request
compliance with this Rule for two (2) years. Covered lawyers who wish to avail of this privilege must file an application with the OBC, which shall determine the validity
of the deferment on a case-to-case basis.