Supreme Court defers mandatory legal aid service until 2010

MANILA, Philippines - The Supreme Court (SC) has deferred the implementation of the Rule on Mandatory Legal Aid Service from July 1, 2009 to January 1, 2010.

The Rule will take effect next year provided its implementing regulations are published prior to the said date.

In a resolution by all justices, the High Court directed the Integrated Bar of the Philippines’ (IBP) Board of Governors to finalize and submit the draft implementing regulations for the final approval of the High Court as soon as possible. 

It also directed the IBP to submit its comment on the Rule itself, particularly on the concerns that rendering free legal aid service should be voluntary and that the Rules will spawn litigations and clog court dockets.

The Rule’s supposed implementation on July 1 was conditioned on its required publication and implementing regulations.

In his letter dated June 19, 2009, IBP national president Feliciano Bautista informed the Court that the draft implementing regulations of the Rule have been prepared but some IBP chapters have requested deferment of the Rule’s implementation to afford the said chapters more time to consult their members and allow wider discussion on a number of important issues pertinent to the Rule.

The implementing regulations are supposed to provide guidelines for the proper and orderly enforcement of the Rule, as well as address the operational and other administrative concerns raised by lawyers and lawyers’ organizations.

Under the Rule, every practicing lawyer will be mandated to render a minimum of 60 hours of free legal aid services to indigent litigants yearly, among others.

The Rule is aimed at enhancing “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 expedite the resolution of cases involving them,” the Supreme Court said.