B.M. No.

850 August 22, 2000 (g) The remaining six (6) hours shall be devoted to such
subjects as may be prescribed by the MCLE Committee.
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
ADOPTING THE RULES ON MANDATORY CONTINUING RULE 3
LEGAL EDUCATION FOR MEMBERS OF THE COMPLIANCE PERIOD
INTEGRATED BAR OF THE PHILIPPINES
Section 1. Initial compliance period
EN BANC
The initial compliance period shall begin not later than
RESOLUTION three (3) months from the constitution of the MCLE
Committee. Except for the initial compliance period for
Considering the Rules on Mandatory Continuing Legal members admitted or readmitted after the
Education (MCLE) for members of the Integrated Bar of establishment of the program, all compliance periods
the Philippines (IBP), recommended by the IBP, shall be for thirty-six (36) months and shall begin the
endorsed by the Philippine Judicial Academy, and day after the end of the previous compliance period.
reviewed and passed upon by the Supreme Court
Committee on Legal Education, the Court hereby Section 2. Compliance Group 1.
resolves to adopt, as it hereby adopts, the following
rules for proper implementation: Members in the National Capital Region (NCR) or Metro
Manila shall be permanently assigned to Compliance
RULE 1 Group 1.
PURPOSE
Section 3. Compliance Group 2.
Section 1. Purpose of the MCLE
Members in Luzon outside NCR shall be permanently
Continuing legal education is required of members of assigned to Compliance Group 2.
the Integrated Bar of the Philippines (IBP) to ensure that
throughout their career, they keep abreast with law and Section 4. Compliance Group 3.
jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law. Members in Visayas and Mindanao shall be
permanently assigned to Compliance Group 3.
RULE 2
MANDATORY CONTINUING LEGAL EDUCATION Section 5. Compliance period for members admitted or
readmitted after establishment of the program.
Section 1. Constitution of the MCLE Committee
Members admitted or readmitted to the Bar after the
Within two (2) months from the approval of these Rules establishment of the program shall be permanently
by the Supreme Court En Banc, the MCLE Committee assigned to the appropriate Compliance Group based
shall be constituted in accordance with these Rules. on their Chapter membership on the date of admission
or readmission.
Section 2. Requirements of completion of MCLE
The initial compliance period after admission or
Members of the IBP not exempt under Rule 7 shall readmission shall begin on the first day of the month of
complete, every three (3) years, at least thirty-six (36) admission or readmission and shall end on the same
hours of continuing legal education activities approved day as that of all other members in the same
by the MCLE Committee. Of the 36 hours: Compliance Group.

(a) At least six (6) hours shall be devoted to legal ethics. (a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, the
(b) At least (4) hours shall be devoted to trial and member is not required to comply with the program
pretrial skills. requirement for the initial compliance.

(c) At least five (5) hours shall be devoted to alternative (b) Where more than four (4) months remain of the
dispute resolution. initial compliance period after admission or
readmission, the member shall be required to complete
(d) At least nine (9) hours shall be devoted to updates a number of hours of approved continuing legal
on substantive and procedural laws, and jurisprudence. education activities equal to the number of months
remaining in the compliance period in which the
(e) At least four (4) hours shall be devoted to legal member is admitted or readmitted. Such member shall
writing and oral advocacy. be required to complete a number of hours of
education in legal ethics in proportion to the number of
(f) At least two (2) hours shall be devoted to months remaining in the compliance period. Fractions
international law and international conventions. of hours shall be rounded up to the next whole number.
RULE 4 In numbers 2 and 3 of the guidelines in the preceding
COMPUTATION OF CREDIT UNITS Section, the total maximum credit units shall not exceed
twenty (20) hours per three (3) years.
Section 1. Guidelines
RULE 5
The following are the guidelines for computation of CATEGORIES OF CREDIT
credit units (CU):
Section 1. Classes of credits
PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS
The credits are either participatory or non-participatory.
1. SEMINARS, CONVENTIONS, CONFERENCES,
SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, Section 2. Claim for participatory credit
WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS
BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER Participatory credit may be claimed for:
RELATED RULES
(a) Attending approved education activities like
1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF seminars, conferences, symposia, in-house education
ATTENDANCE WITH NUMBER OF HOURS programs, workshops, dialogues or round table
discussions.
1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE
OR SPONSOR'S CERTIFICATION (b) Speaking or lecturing, or acting as assigned panelist,
reactor, commentator, resource speaker, moderator,
1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE coordinator or facilitator in approved education
OR SPONSOR'S SPEAKER CERTIFICATION activities.

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM (c) Teaching in a law school or lecturing in a bar review
SPONSORING PENALIST/ ORGANIZATION class.
REACTOR/COMMENTATOR
Section 3. Claim for non-participatory credit
1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION
FROM SPONSORING COORDINATOR/ ORGANIZATION Non-participatory credit may be claimed per
FACILITATOR compliance period for:

2. AUTHORSHIP, EDITING AND REVIEW (a) Preparing, as an author or co-author, written

materials published or accepted for publication, e.g., in
2.1 RESEARCH/ 5-10 CREDIT UNITS DULY the form of an article, chapter, book, or book review
CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL which contribute to the legal education of the author
REPORT/PAPER PROGRAM/CREATIVE PROJECT member, which were not prepared in the ordinary
course of the member's practice or employment.
2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE
AUTHOR 12-16 CU 17-20 CU (b) Editing a law book, law journal or legal newsletter.
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU RULE 6
COMPUTATION OF CREDIT HOURS
2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK
WITH PROOF AUTHORSHIP AS EDITOR CATEGORY Section 1. Computation of credit hours

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE Credit hours are computed based on actual time spent
SINGLE AUTHOR 6 CU 8 CU in an activity (actual instruction or speaking time), in
2 AUTHORS 4 CU 6 CU hours to the nearest one-quarter hour.
3 OR MORE 2 CU 4 CU
RULE 7
2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED EXEMPTIONS
NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL
EDITOR Section 1. Parties exempted from the MCLE

3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF The following members of the Bar are exempt from the
LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR MCLE requirement:
REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW
TEACHING (a) The President and the Vice President of the
Philippines, and the Secretaries and Undersecretaries of
Section 2. Limitation on certain credit units Executives Departments;
(b) Senators and Members of the House of day as that of all other members in the same
Representatives; Compliance Group.

(c) The Chief Justice and Associate Justices of the Section 5. Proof of exemption
Supreme Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar Applications for exemption from or modification of the
Council and incumbent court lawyers covered by the MCLE requirement shall be under oath and supported
Philippine Judicial Academy program of continuing by documents.
judicial education;
RULE 8
(d) The Chief State Counsel, Chief State Prosecutor and STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES
Assistant Secretaries of the Department of Justice;
Section 1. Approval of MCLE program
(e) The Solicitor General and the Assistant Solicitor
General; Subject to the rules as may be adopted by the MCLE
Committee, continuing legal education program may be
(f) The Government Corporate Counsel, Deputy and granted approval in either of two (2) ways: (1) the
Assistant Government Corporate Counsel; provider of the activity is an approved provider and
certifies that the activity meets the criteria of Section 3
(g) The Chairmen and Members of the Constitutional of this Rules; and (2) the provider is specially mandated
Commissions; by law to provide continuing legal education.

(h) The Ombudsman, the Overall Deputy Ombudsman, Section 2. Standards for all education activities
the Deputy Ombudsmen and the Special Prosecutor of
the Office of the Ombudsman; All continuing legal education activities must meet the
following standards:
(i) Heads of government agencies exercising quasi-
judicial functions; (a) The activity shall have significant current intellectual
or practical content.
(j) Incumbent deans, bar reviews and professors of law
who have teaching experience for at least 10 years (b) The activity shall constitute an organized program of
accredited law schools; learning related to legal subjects and the legal
profession, including cross profession activities (e.g.,
(k) The Chancellor, Vice-Chancellor and members of the accounting-tax or medical-legal) that enhance legal
Corps of Professors and Professorial Lectures of the skills or the ability to practice law, as well as subjects in
Philippine Judicial Academy; and legal writing and oral advocacy.

(l) Governors and Mayors. (c) The activity shall be conducted by a provider with
adequate professional experience.
Section 2. Other parties exempted from the MCLE
(d) Where the activity is more than one (1) hour in
The following Members of the Bar are likewise exempt: length, substantive written materials must be
distributed to all participants. Such materials must be
(a) Those who are not in law practice, private or public. distributed at or before the time the activity is offered.

(b) Those who have retired from law practice with the (e) In-house education activities must be scheduled at a
approval of the IBP Board of Governors. time and location so as to be free from interruption like
telephone calls and other distractions.
Section 3. Good cause for exemption from or
modification of requirement RULE 9
APPROVAL OF PROVIDERS
A member may file a verified request setting forth good
cause for exemption (such as physical disability, illness, Section 1. Approval of providers
post graduate study abroad, proven expertise in law,
etc.) from compliance with or modification of any of the Approval of providers shall be done by the MCLE
requirements, including an extension of time for Committee.
compliance, in accordance with a procedure to be
established by the MCLE Committee. Section 2. Requirements for approval of providers

Section 4. Change of status Any persons or group may be approved as a provider

for a term of two (2) years, which may be renewed,
The compliance period shall begin on the first day of the upon written application. All providers of continuing
month in which a member ceases to be exempt under legal education activities, including in-house providers,
Sections 1, 2, or 3 of this Rule and shall end on the same
are eligible to be approved providers. Application for Section 4. Renewal of provider approval
approval shall:
The approval of a provider may be renewed every two
(a) Be submitted on a form provided by the IBP; (2) years. It may be denied if the provider fails to
comply with any of the requirements of these Rules or
(b) Contain all information requested on the form; fails to provide satisfactory education activities for the
preceding period.
(c) Be accompanied by the approval fee;
Section 5. Revocation of provider approval
Section 3. Requirements of all providers
The approval of any provider referred to in Rule 9 may
All approved providers shall agree to the following: be revoked by a majority vote of the IBP Board of
Governors, upon recommendation of the MCLE
(a) An official record verifying the attendance at the Committee, after notice and hearing and for good
activity shall be maintained by the provider for at least cause.
four (4) years after the completion date. The provider
shall include the member on the official record of RULE 10
attendance only if the member's signature was obtained ACTIVITY AND PROVIDER APPROVAL FEE
at the time of attendance at the activity. The official
record of attendance shall contain the member's name Section 1. Payment of fees
and number in the Roll of Attorneys and shall identify
the time, date, location, subject matter, and length of Application for approval of an education activity or as a
the education activity. A copy of such record shall be provider requires payment of an appropriate fee.
furnished the IBP.
RULE 11
(b) The provider shall certify that: GENERAL COMPLIANCE PROCEDURES

(1) This activity has been approved for MCLE by the IBP Section 1. Compliance card
in the amount of ________ hours of which hours will
apply in (legal ethics, etc.), as appropriate to the Each member shall secure from the MCLE Committee a
content of the activity; Compliance Card before the end of his compliance
period. He shall complete the card by attesting under
(2) The activity conforms to the standards for approved oath that he has complied with the education
education activities prescribed by these Rules and such requirement or that he is exempt, specifying the nature
regulations as may be prescribed by the IBP pertaining of the exemption. Such Compliance Card must be
to MCLE. returned to the address indicated therein not later than
the day after the end of the member's compliance
(c) The provider shall issue a record or certificate to all period.
participants identifying the time, date, location, subject
matter and length of the activity. Section 2. Member record keeping requirement

(d) The provider shall allow in-person observation of all Each member shall maintain sufficient record of
approved continuing legal education activities by compliance or exemption, copy furnished the MCLE
members of the IBP Board of Governors, the MCLE Committee. The record required to be provided to the
Committee, or designees of the Committee and IBP staff members by the provider pursuant to Section 3(c) of
for purposes of monitoring compliance with these Rule 9 should be sufficient record of attendance at a
Rules. participatory activity. A record of non-participatory
activity shall also be maintained by the member, as
(e) The provider shall indicate in promotional materials, referred to in Section 3 of Rule 5.
the nature of the activity, the time devoted to each
devoted to each topic and identify of the instructors. RULE 12
The provider shall make available to each participant a NON-COMPLIANCE PROCEDURES
copy of IBP-approved Education Activity Evaluation
Form. Section 1. What constitutes non-compliance

(f) The provider shall maintain the completed Education The following shall constitute non-compliance
Activity Evaluation Forms for a period of not less than
one (1) year after the activity, copy furnished the IBP. (a) Failure to complete the education requirement
within the compliance period;
(g) Any person or group who conducts an unauthorized
activity under this program or issues a spurious (b) Failure to provide attestation of compliance or
certificate in violation of these Rules shall be subject to exemption;
appropriate sanctions.
(c) Failure to provide satisfactory evidence of the necessary credit hours to meet the requirement for
compliance (including evidence of exempt status) within the period of non-compliance during the period the
the prescribed period; member is on inactive status. These credit hours may
not be counted toward meeting the current compliance
(d) Failure to satisfy the education requirement and period requirement. Credit hours attained during the
furnish evidence of such compliance within sixty (60) period of non-compliance in excess of the number
days from receipt of a non-compliance notice; needed to satisfy the prior compliance period
requirement may be counted toward meeting the
(e) Any other act or omission analogous to any of the current compliance period requirement.lawphil.net
foregoing or intended to circumvent or evade
compliance with the MCLE requirements. Section 2. Termination of delinquent listing
administrative process
Section 2. Non-compliance notice and 60-day period to
attain compliance The termination of listing as a delinquent member is
administrative in nature but it shall be made with notice
A member failing to comply will receive a Non- and hearing by the MCLE Committee.
Compliance Notice stating the specific deficiency and
will be given sixty (60) days from the date of notification RULE 15
to explain the deficiency or otherwise show compliance MANDATORY CONTINUING LEGAL EDUCATION
with the requirements. Such notice shall contain, COMMITTEE
among other things, the following language in capital
letters: Section 1. Composition

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION The MCLE Committee shall be composed of five (5)
FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE members, namely: a retired Justice of the Supreme
WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 Court, as Chair, and four (4) members, respectively,
DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE nominated by the IBP, the Philippine Judicial Academy,
FOR LISTING AS A DELINQUENT MEMBER. a law center designated by the Supreme Court and
associations of law schools and/or law professors.
The Member may use this period to attain the adequate
number of credit hours for compliance. Credit hours The members of the Committee shall be of proven
earned during this period may only be counted toward probity and integrity. They shall be appointed by the
compliance with the prior compliance period Supreme Court for a term of three (3) years and shall
requirement unless hours in excess of the requirement receive such compensation as may be determined by
are earned, in which case, the excess hours may be the Court.
counted toward meeting the current compliance period
requirement.lawphil.net Section 2. Duty of the Committee

RULE 13 The MCLE Committee shall administer and adopt such

CONSEQUENCES OF NON-COMPLIANCE implementing rules as may be necessary subject to the
approval by the Supreme Court. It shall, in consultation
Section 1. Non-compliance fee with the IBP Board of Governors, prescribe a schedule
of MCLE fees with the approval of the Supreme Court.
A member who, for whatever reason, is in non-
compliance at the end of the compliance period shall Section 3. Staff of the IBP
pay a non-compliance fee.
The IBP shall employ such staff as may be necessary to
Section 2. Listing as delinquent member perform the record-keeping, auditing, reporting,
approval and other necessary functions.
Any member who fails to satisfactorily comply with
Section 2 of Rule 12 shall be listed as a delinquent Section 4. Submission of annual budget
member by the IBP Board of Governors upon the
recommendation of the MCLE Committee, in which The IBP shall submit to the Supreme Court an annual
case, Rule 139-A of the Rules of Court shall apply. budget for a subsidy to establish, operate and maintain
the MCLE Program.
RULE 14
REINSTATEMENT This resolution shall take effect in October 2000,
following its publication in two (2) newspaper of general
Section 1. Process circulation in the Philippines.

The involuntary listing as a delinquent member shall be Adopted this 22nd day of August, 2000.
terminated when the member provides proof of
compliance with the MCLE requirement, including
payment of non-compliance fee. A member may attain
Bar Matter No. 1153
Quoted hereunder, for your information, is a resolution
of the Court En Banc dated March 9, 2010

"B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza

Proposing Reforms in the Bar Examinations Through
Amendments to Rule 138 of the Rules of Court). - The
Court Resolved to APPROVE the proposed amendments
to Sections 5 and 6 of Rule 138, to wit:

SEC. 5.Additional Requirement for Other Applicants. —

All applicants for admission other than those referred to
in the two preceding sections shall, before being
admitted to the examination, satisfactorily show that
they have successfully completed all the prescribed
courses for the degree of Bachelor of Laws or its
equivalent degree, in a law school or university officially
recognized by the Philippine Government or by the
proper authority in the foreign jurisdiction where the
degree has been granted.

No applicant who obtained the Bachelor of Laws degree

in this jurisdiction shall be admitted to the bar
examination unless he or she has satisfactorily
completed the following course in a law school or
university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and
private international law, political law, labor and social
legislation, medical jurisprudence, taxation and legal
ethics.

A Filipino citizen who graduated from a foreign law

school shall be admitted to the bar examination only
upon submission to the Supreme Court of certifications
showing: (a) completion of all courses leading to the
degree of Bachelor of Laws or its equivalent degree; (b)
recognition or accreditation of the law school by the
proper authority; and (c) completion of all the fourth
year subjects in the Bachelor of Laws academic program
in a law school duly recognized by the Philippine
Government.

SEC. 6.Pre-Law. — An applicant for admission to the bar

examination shall present a certificate issued by the
proper government agency that, before commencing
the study of law, he or she had pursued and
satisfactorily completed in an authorized and
recognized university or college, requiring for admission
thereto the completion of a four-year high school
course, the course of study prescribed therein for a
bachelor's degree in arts or sciences.

A Filipino citizen who completed and obtained his or her

Bachelor of Laws degree or its equivalent in a foreign
law school must present proof of having completed a
separate bachelor's degree course.

The Clerk of Court, through the Office of the Bar

Confidant, is hereby directed to CIRCULARIZE this
resolution among all law schools in the country."
A.M. No. 02-8-13-SC February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE -

The Court Resolved, upon the recommendation of the
Sub Committee on the Revision of the Rules Governing
Notaries Public, to AMEND Sec. 12 (a). Rule II of the
2004 Rules on Notarial Practice, to wit:

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution

of the Court En Banc dated February 19, 2008.

"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial

Practice. – The Court Resolved, upon the
recommendation of the Sub Committee on the Revision
of the Rules Governing Notaries Public, to AMEND Sec.
12 (a). Rule II of the 2004 Rules on Notarial Practice, to
wit:

Rule II

DEFINITIONS

xxx

"Sec. 12. Component 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, such as but not limited to,
passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation
clearance, police clearance, postal ID, voter’s ID,
Barangay certification, Government Service and
Insurance System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, Overseas
Workers Welfare Administration (OWWA) ID, OFW ID,
seaman’s book, alien certificate of
registration/immigrant certificate of registration,
government office ID, certification from the National
Council for the Welfare of Disable Persons (NCWDP),
Department of Social Welfare and Development
(DSWD) certification; or

(b) xxxx."
Bar Matter No. 1645 dated October 13, 2015. Section
12 of Rule 139-B now provides that:

Rule 139-B. Disbarment and Discipline of Attorneys

xxx
Section 12. Review and recommendation by the Board
of Governors.

(a) Every case heard by an investigator shall be

reviewed by the IBP Board of Governors upon the
record and evidence transmitted to it by the
Investigator with his report.

(b) After its review, the Board, by the vote of a majority

of its total membership, shall recommend to the
Supreme Court the dismissal of the complaint or the
imposition of disciplinary action against the respondent.
The Board shall issue a resolution setting forth its
findings and recommendations, clearly and distinctly
stating the facts and the reasons on which it is based.
The resolution shall be issued within a period not
exceeding thirty (30) days from the next meeting of the
Board following the submission of the Investigator's
report.

(c) The Board's resolution, together with the entire

records and all evidence presented and submitted, shall
be transmitted to the Supreme Court for final action
within ten (10) days from issuance of the resolution.

(d) Notice of the resolution shall be given to all parties

through their counsel, if any.

Under the old rule, the Board of Governors of the

Integrated Bar of the Philippines was given the power to
"issue a decision" if the lawyer complained of was
exonerated or meted a penalty of "less than suspension
or disbarment." In addition, the case would be deemed
terminated unless an interested party filed a petition
before this court.

The amendments to Rule 139-B is a reiteration that only

the Supreme Court has the power to impose disciplinary
action on members of the bar. The factual findings and
recommendations of the Commission on Bar Discipline
and the Board of Governors of the Integrated Bar of the
Philippines are recommendatory, subject to review by
this court.
Legal Ethics
REPUBLIC ACT No. 3019 Republic Act No. 6713 February 20, 1989

ANTI-GRAFT AND CORRUPT PRACTICES ACT AN ACT ESTABLISHING A CODE OF CONDUCT AND
ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
Section 3. Corrupt practices of public officers. In EMPLOYEES, TO UPHOLD THE TIME-HONORED
addition to acts or omissions of public officers already PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST,
penalized by existing law, the following shall constitute GRANTING INCENTIVES AND REWARDS FOR
corrupt practices of any public officer and are hereby EXEMPLARY SERVICE, ENUMERATING PROHIBITED
declared to be unlawful: ACTS AND TRANSACTIONS AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES
(d) Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof Section 4. Norms of Conduct of Public Officials and
or within one year after its termination. Employees. - (A) Every public official and employee shall
observe the following as standards of personal conduct
in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and

REPUBLIC ACT No. 6397 employees shall always uphold the public interest over
and above personal interest. All government resources
AN ACT PROVIDING FOR THE INTEGRATION OF THE and powers of their respective offices must be
PHILIPPINE BAR, AND APPROPRIATING FUNDS employed and used efficiently, effectively, honestly and
THEREFOR. economically, particularly to avoid wastage in public
funds and revenues.
Section 1. Within two years from the approval of this
Act, the Supreme Court may adopt rules of court to (b) Professionalism. - Public officials and employees
effect the integration of the Philippine Bar under such shall perform and discharge their duties with the
conditions as it shall see fit in order to raise the highest degree of excellence, professionalism,
standards of the legal profession, improve the intelligence and skill. They shall enter public service
administration of justice, and enable the bar to with utmost devotion and dedication to duty. They shall
discharge its public responsibility more effectively. endeavor to discourage wrong perceptions of their roles
as dispensers or peddlers of undue patronage.
Section 2. The sum of five hundred thousand pesos is
hereby appropriated, out of any funds in the National (c) Justness and sincerity. - Public officials and
Treasury not otherwise appropriated, to carry out the employees shall remain true to the people at all times.
purposes of this Act. Thereafter, such sums as may be They must act with justness and sincerity and shall not
necessary for the same purpose shall be included in the discriminate against anyone, especially the poor and the
annual appropriations for the Supreme Court. underprivileged. They shall at all times respect the
rights of others, and shall refrain from doing acts
Section 3. This Act shall take effect upon its approval. contrary to law, good morals, good customs, public
policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on
account of their office to their relatives whether by
consanguinity or affinity except with respect to
appointments of such relatives to positions considered
strictly confidential or as members of their personal
staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees

shall provide service to everyone without unfair
discrimination and regardless of party affiliation or
preference.

(e) Responsiveness to the public. - Public officials and

employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise
provided by law or when required by the public interest,
public officials and employees shall provide information
of their policies and procedures in clear and
understandable language, ensure openness of
information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify
and systematize policy, rules and procedures, avoid red
tape and develop an understanding and appreciation of
the socio-economic conditions prevailing in the country, (iii) The acceptance by a public official or employee of
especially in the depressed rural and urban areas. travel grants or expenses for travel taking place entirely
outside the Philippine (such as allowances,
(f) Nationalism and patriotism. - Public officials and transportation, food, and lodging) of more than nominal
employees shall at all times be loyal to the Republic and value if such acceptance is appropriate or consistent
to the Filipino people, promote the use of locally with the interests of the Philippines, and permitted by
produced goods, resources and technology and the head of office, branch or agency to which he
encourage appreciation and pride of country and belongs.
people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion. The Ombudsman shall prescribe such regulations as
may be necessary to carry out the purpose of this
(g) Commitment to democracy. - Public officials and subsection, including pertinent reporting and disclosure
employees shall commit themselves to the democratic requirements.
way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of Nothing in this Act shall be construed to restrict or
civilian authority over the military. They shall at all prohibit any educational, scientific or cultural exchange
times uphold the Constitution and put loyalty to country programs subject to national security requirements.
above loyalty to persons or party.

(h) Simple living. - Public officials and employees and

their families shall lead modest lives appropriate to
their positions and income. They shall not indulge in
extravagant or ostentatious display of wealth in any
form.

(B) The Civil Service Commission shall adopt positive

measures to promote (1) observance of these standards
including the dissemination of information programs
and workshops authorizing merit increases beyond
regular progression steps, to a limited number of
employees recognized by their office colleagues to be
outstanding in their observance of ethical standards;
and (2) continuing research and experimentation on
measures which provide positive motivation to public
officials and employees in raising the general level of
observance of these standards.

Section 7. Prohibited Acts and Transactions. - In

addition to acts and omissions of public officials and
employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited
acts and transactions of any public official and
employee and are hereby declared to be unlawful:

(d) Solicitation or acceptance of gifts. - Public officials

and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan
or anything of monetary value from any person in the
course of their official duties or in connection with any
operation being regulated by, or any transaction which
may be affected by the functions of their office.

As to gifts or grants from foreign governments, the

Congress consents to:

(i) The acceptance and retention by a public official or

employee of a gift of nominal value tendered and
received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a

gift in the nature of a scholarship or fellowship grant or
medical treatment; or
REPUBLIC ACT No. 6033 REPUBLIC ACT No. 6034

AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO AN ACT PROVIDING TRANSPORTATION AND OTHER
CRIMINAL CASES WHERE THE PARTY OR PARTIES ALLOWANCES FOR INDIGENT LITIGANTS.
INVOLVE ARE INDIGENTS.
Section 1. Any provision of existing law to the contrary
Section 1. Any provision of existing law to be contrary notwithstanding, any indigent litigant may, upon
notwithstanding and with the exception of habeas motion, ask the Court for adequate travel allowance to
corpus and election cases and cases involving detention enable him and his indigent witnesses to attendant the
prisoners, and persons covered by Republic Act hearing of a criminal case commenced by his complaint
Numbered Four thousand nine hundred eight, all courts or filed against him. The allowance shall cover actual
shall give preference to the hearing and/or disposition transportation expenses by the cheapest means from
of criminal cases where an indigent is involved either as his place of residence to the court and back. When the
the offended party or accused. The trial in these cases hearing of the case requires the presence of the
shall commence within three days from date of indigent litigant and/or his indigent witnesses in court
arraignment and no postponement of the hearings shall the whole day or for two or more consecutive days,
be granted except on the ground of illness of the allowances may, in the discretion of the Court, also
accused or other similar justifiable grounds. City and cover reasonable expenses for meal and lodging.
provincial fiscals and courts shall forthwith conduct the
preliminary investigation of a criminal case involving an For the purpose of this Act, indigent litigants shall
indigent within three days after its filing and shall include anyone who has no visible means of income or
terminate the same within two weeks. whose income is insufficient for his family as
determined by the Court under Section 2, hereof.
Section 2. As used in this Act, the term "indigent" shall
refer to a person who has no visible means of income or Section 2. If the court determines that the petition for
whose income is insufficient for the subsistence of his transportation allowance is meritorious, said court shall
family, to be determined by the fiscal or judge, taking immediately issue an order directing the provincial, city
into account the members of his family dependent or municipal treasurer to pay the indigent litigant the
upon him for subsistence. travel allowance out of any funds in his possession and
proceed without delay to the trial of the case. The
Section 3. An indigent who is the offended party, provincial, city or municipal treasurer shall hold any
respondent or an accused in a criminal case and who such payments as cash items until reimbursed by the
desires to avail of the preference granted under this Act national government.
shall file a sworn statement of the fact of his being
indigent and the said sworn statement shall be Section 3. All payments of travel allowances made by
sufficient basis for the court or fiscal to give preference provincial, city and municipal treasurer under this Act as
to the trial and disposition of such criminal case. of October 31 each year, shall be transmitted to the
Commissioner of the Budget not later than November
Section 4. Any willful or malicious refusal on the part of 30 each year for inclusion in the annual General
any fiscal or judge to carry out the provisions of this Act Appropriations Act. The necessary sum is hereby
shall constitute sufficient ground for disciplinary action authorized to be appropriated out of the funds in the
which may include suspension or removal. National Treasury not otherwise appropriated.

Section 5. This Act shall take effect upon its approval. Section 4. This Act shall take effect upon its approval.
REPUBLIC ACT No. 6035 authorize the use of government equipment by the
stenographers concerned.
AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE
TRANSCRIPT OF NOTES TO INDIGENT AND LOW Section 6. This Act shall take effect upon its approval.
INCOME LITIGANTS AND PROVIDING A PENALTY FOR
THE VIOLATION THEREOF.

Section 1. A stenographer who has attended a hearing

before an investigating fiscal or trial judge or hearing
commissioner of any quasi-judicial body or
administrative tribunal and has officially taken notes of
the proceeding thereof shall, upon written request of an
indigent or low income litigant, his counsel or duly
authorized representative in the case concerned, give
within a reasonable period to be determined by the
fiscal, judge, commissioner or tribunal hearing the case,
a free certified transcript of notes take by him on the
case.

Section 2. A litigant who desires to avail himself of the

privilege granted under Section one hereof shall, at the
investigation, hearing, or trial, establish his status as an
indigent or low income litigant and the investigating
fiscal or judge or commissioner or tribunal hearing the
case shall resolve the same in the same proceeding.

For the purpose of this Act, an "indigent or low income

litigant" shall include anyone who has no visible means
of support or whose income does not exceed P300 per
month or whose income even in excess of P300 per
month is insufficient for the subsistence of his family,
which fact shall be determined by the investigating
fiscal or trial judge or commissioner or tribunal hearing
the case taking into account the number of the
members of his family dependent upon him for
subsistence.

Section 3. Any stenographer who, after due hearing in

accordance with the pertinent provisions of Republic
Act No. 2260, as amended, has been found to have
violated the provisions of Section one of this Act or has
unreasonable delayed the giving of a free certified
transcript of notes to an indigent or low income litigant
shall be subject to the following disciplinary actions:

(a) suspension from office for a period not exceeding

thirty (30) days upon finding of guilt for the first time;

(b) suspension from office for not less than thirty (30)
days and not more than sixty (60) days upon finding of
guilt for the second time; and

(c) removal from office upon finding of guilt for the third
time.

Section 4. This Act shall apply to all indigent or low

income litigants who, at the time of its approval, have
pending cases in any fiscal office, court, or quasi-judicial
body or administrative tribunal.

Section 5. The Department of Justice shall prescribe

such rules and regulations as may be necessary to carry
out the purposes of this Act, and the Department Head
concerned shall provide the necessary supplies and
REPUBLIC ACT No. 5185 REPUBLIC ACT NO. 910

AN ACT GRANTING FURTHER AUTONOMOUS POWERS AN ACT TO PROVIDE FOR THE RETIREMENT OF
TO LOCAL GOVERNMENTS JUSTICES OF THE SUPREME COURT AND OF THE COURT
OF APPEALS, FOR THE ENFORCEMENT OF THE
Section 1. Short Title. This Act shall be known as the PROVISIONS HEREOF BY THE GOVERNMENT SERVICE
Decentralization Act of 1967. INSURANCE SYSTEM, AND TO REPEAL
COMMONWEALTH ACT NUMBERED FIVE HUNDRED
AND THIRTY-SIX
Section 6. Prohibition Against Practice. A member of the
Provincial Board or City or Municipal Council shall not Section 1. When a Justice of the Supreme Court or of
appear as counsel before any court in any civil case the Court of Appeals who has rendered at least twenty
wherein the province, city or municipality, as the case years' service either in the judiciary or in any other
may be, is the adverse party: Provided, however, That branch of the Government, or in both, (a) retires for
no member of the Provincial Board shall so appear having attained the age of seventy years, or (b) resigns
except in behalf of his province in any civil case wherein by reason of his incapacity to discharge the duties of his
any city in the province is the adverse party whose office, he shall receive during the residue of his natural
voters are en-franchised to vote for provincial officials, life, in the manner hereinafter provided, the salary
nor shall such member of the Provincial Board or City or which he was receiving at the time of his retirement or
Municipal Council appear as counsel for the accused in resignation. And when a Justice of the Supreme Court
any criminal case wherein an officer or employee of said or of the Court of Appeals has attained the age of fifty-
province, city or municipality is accused of an offense seven years and has rendered at least twenty-years'
committed in relation to the latter's office, nor shall he service in the Government, ten or more of which have
collect any fee for his appearance in any administrative been continuously rendered as such Justice or as judge
proceedings before provincial, city or municipal of a court of record, he shall be likewise entitled to
agencies of the province, city or municipality, as the retire and receive during the residue of his natural life,
case may be, of which he is an elected official. in the manner also hereinafter prescribed, the salary
which he was then receiving. It is a condition of the
pension provided for herein that no retiring Justice
during the time that he is receiving said pension shall
appear as counsel before any court in any civil case
wherein the Government or any subdivision or
instrumentality thereof is the adverse party, or in any
criminal case wherein and officer or employee of the
Government is accused of an offense committed in
relation to his office, or collect any fee for his
appearance in any administrative proceedings to
maintain an interest adverse to the Government,
insular, provincial or municipal, or to any of its legally
constituted officers.

Section 2. In case a Justice of the Supreme Court or of

the Court of Appeals dies while in actual service, his
heirs shall receive a lump sum amounting to the salary
that said Justice was receiving at the time of his demise
for five years if by reason of his length of service in the
Government he were already entitled to the benefits of
this Act; otherwise his heirs shall only receive a lump
sum equivalent to his last salary for two years, in
addition to a reimbursement of all premiums that he
may have paid under this Act. The same benefits
provided in this Section shall be extended to any
incumbent Justice of the Supreme Court or of the Court
of Appeals who, without having attained the length of
service required in section one hereof, shall have to
retire upon reaching the age of seventy years, or for
other causes, such as illness, to be certified to by the
tribunal to which the Justice concerned belongs, which
render him incapacitated to continue in his position.

Section 3. Upon retirement a Justice of the Supreme

Court or of the Court of Appeals shall be automatically
entitled to a lump sum payment of the monthly salary
that said Justice was receiving at the time of his
retirement for five years, and thereafter upon survival REPUBLIC ACT NO. 7160
after the expiration of this period of five years, to a
further annuity payable monthly during the residue of AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE
his natural life equivalent to the amount of the monthly OF 1991
salary he was receiving on the date of his retirement.
BOOK I
Section 4. A retiring Justice who is entitled to the
benefits of any prior retirement gratuity Act shall have General Provisions
the option to choose between the benefits in such Act
and those herein provided for, and in such case he shall TITLE I
be entitled only to the benefits so chosen: Provided,
however, That a Justice retired under any prior Act and Basic Principles
who is thereafter appointed to the Supreme Court or to
the Court of Appeals, shall be entitled to the benefits of CHAPTER I
this Act on condition that, in case he has not fully
refunded to the Government the gratuity previously The Code: Policy and Application
received by him, there shall be deducted from the
amount payable to him under this Act such monthly SECTION 1. Title. – This Act shall be known and cited as
installments as are required in section six of Act the “Local Government Code of 1991”.
Numbered Four thousand and fifty-one, as amended,
until the gratuity already received by him shall have
been refunded in full.lawphil.net SECTION 90. Practice of Profession. – (a) All governors,
city and municipal mayors are prohibited from
Section 5. The Government Service Insurance System practicing their profession or engaging in any
shall take charge of the enforcement and operation of occupation other than the exercise of their functions as
this Act, and no Justice of the Supreme Court or of the local chief executives.
Court of Appeals shall be entitled to receive any gratuity
or pension herein provided unless from the month (b) Sanggunian members may practice their professions,
following the approval of this Act, in case of an actual engage in any occupation, or teach in schools except
Justice of any of said courts, or from the month during session hours: Provided, That sanggunian
following his appointment, and qualification as such members who are also members of the Bar shall not:
Justice, in case of future appointment, he shall have
contributed to the funds of the System by paying a (1) Appear as counsel before any court in any civil case
monthly premium of fifty pesos. wherein a local government unit or any office, agency,
or instrumentality of the government is the adverse
Section 6. Commonwealth Act Numbered Five hundred party;
and thirty-six and any other provision in conflict with
this Act are hereby repealed. (2) Appear as counsel in any criminal case wherein an
officer or employee of the national or local government
Section 7. This Act shall take effect upon its approval. is accused of an offense committed in relation to his
office.

(3) Collect any fee for their appearance in

administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the government

except when the sanggunian member concerned is
defending the interest of the government.

(c) Doctors of medicine may practice their profession

even during official hours of work only on occasions of
emergency: Provided, That the officials concerned do
not derive monetary compensation therefrom.