ibp notaafes
TRANSCRIPT
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INTEGRATED BAR OF THE PHILIPPINES
(From 139-A and IBP By Laws)
HISTORY/ DATES TO REMEMBER
1928 - The integration of the Bar was the culmination ofefforts exerted by far-sighted leaders of the
profession dating back to the year 1928. It
was accomplished not by arbitrary or
unwanted imposition from above but by the
vote of the overwhelming majority of the
legal profession throughout the Philippines
who urged the Supreme Court to ordain it.
Indeed, it had long been felt that without
their official unification the lawyers were
bound to remain disassociated andfragmented, bereft of the force of unity
needed to propel the Bar to loftier heights
than the voluntary Bar associations which had
remained mostly social aggrupations.
October 5, 1970 - The IBP came into being when the
Supreme Court created it. The Commission on
Bar Integration was tasked not only to
ascertain the advisability of integration of the
Bar, but even more, to serve as a common
vehicle of the Court and the Bar in fashioning
a blueprint for integration and putting the
same into actual operation.
The Commission was headed by Supreme
Court Associate Justice (later Chief Justice)
Fred Ruiz Castro. The members were Jose J.
Roy, Conrado V. Sanchez, Salvador V.
Esguerra, Crisolito S. Pascual, Tecla San
Andres Ziga and Feliciano Jover Ledesma.
September 17, 1971 - Republic Act No. 6397 became
effective. It confirmed the power of the
Supreme Court to adopt rules of court to
effect the integration of the Philippine Bar.
Republic Act No. 6397 was approved
providing funds for the integration of the
Philippine bar, which by then was composed
of nearly a hundred voluntary ba
associations and lawyers groups.
January 9, 1973 - the Supreme Court, by a per curiam
resolution, pursuant to its constitutiona
mandate, ordained the integration of the Ba
in accordance with its Rule 139-A.
January 16, 1973 - the integration of the Bar in
accordance with its Rule 139-A became
effective. Within the next succeeding months
the IBP was organized.
February 17, 1973 - local chapters all over the country
were finally formed and elections for chapte
officers were held.
March 17, 1973 - the first batch of representatives to the
IBP House of Delegates composed of 104
delegates representing all the original 78 IBP
Chapters, convened in Manila and elected
nine IBP governors: Melanio T. Singson
(Northern Luzon), Vicente D. Millora (Centra
Luzon), Ponciano M. Mortera (Greate
Manila), Raul I. Goco (Southern Luzon), Tecla
San Andres Ziga (Bicolandia), Pablo P. Garcia
(Eastern Visayas), Amado A. Parreo, Jr
(Western Visayas), Manuel M. Garcia (Eastern
Mindanao) and Liliano B. Neri (Western
Mindanao). In the next few days, the
governors-elect chose retired Supreme Cour
Justice Jose B.L. Reyes as IBP President, and
Governor Liliano B. Neri as IBP Executive Vice
President.
May 4, 1973 - Presidential Decree. No. 181 was
promulgated, constituting the IBP into a body
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corporate and providing government
assistance thereto for the accomplishment of
its purposes. Invoking his rule-making power
under martial law, Marcos himself issued
Presidential Decree No. 181 constituting the
IBP as a corporate body.
November 1, 1974 By Laws of the Integrated Bar of the
Philippines take effect.
June 1, 1988 IBP Rule 139-B, Disbarment and Discipline
of Attorneys takes effect.
IBP AS AN ORGANIZATION
It is an official organization - and by official wemean that it is established by the State. Republic
Act No. 6397 confirmed the power of the Supreme
Court to adopt rules of court to effect the
integration of the Philippine Bar.
IBP is an essentially private (or non-governmental)organization. It is not an agency of the Government.
For one thing, the lawyers, who are its members,
are private individuals. For another, the funding is
derived essentially from their membership dues. It
cannot be denied that IBP exists to perform certain
vital public functions and to assist the Government
particularly in the improvement of the
administration of justice, the upgrading of the
standards of the legal profession, and its proper
regulation. Moreover, financial assistance is
extended to it by the Government itself. Lawyers
are officers of the court, and it is this common
aspect of their varied personalities that provides the
IBP with its bond of unity. IBP is a semi-
governmental entity; a private organization
endowed with certain governmental attributes.
The Integrated Bar is strictly non-political, and everyactivity tending to impair this basic feature is strictly
prohibited and shall be penalized accordingly. No
lawyer holding an elective, judicial, quasi-judicial, o
prosecutory office in the Government or any
political subdivision or instrumentality thereof shal
be eligible for election or appointment to any
position in the Integrated Bar or any Chapte
thereof. A Delegate, Governor, officer or employee
of the Integrated Bar, or an officer or employee oany Chapter thereof shall be considered ipso facto
resigned from his position as of the moment he file
his certificate of candidacy for any elective public
office or accepts appointment to any judicial, quasi
judicial, or prosecutory office in the Government o
any political subdivision or instrumentality thereof.
(-Sec.4, By Laws of IBP)
MEMBERS
The IBP is composed of all Philippine attorneys nownumbering about 50,000. All persons whose names
appear in the Roll of Attorneys of the Supreme
Court (having qualified for and passed the Ba
examinations and taken their attorneys oath
unless otherwise disbarred) are members of the
IBP.
If any such person does not agree to join the
organization and regulations (such as payments o
annual membership dues, now fixed at P1,000), he
does not become, or he ceases to be, an IBP
member, and at the same time his name is removed
from the Roll of Attorneys. The effect of the
removal is that he ceases to be an attorney. He
loses the privilege to practice law in the Philippines.
Membership in the IBP is compulsory for all lawyers
in the country. The Philippine Supreme Court has
required all lawyers to indicate their Roll of
Attorneys Number in all papers and pleadings filed
in judicial and quasi-judicial bodies in additional to
the previously required current Professional Tax
Receipt (PTR) and IBP Official Receipt or Life
Member Number.
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The following persons are, automatically andwithout exception, members of the Integrated Bar
of the Philippines:
1. All lawyers whose names were in the Roll ofAttorneys of the Supreme Court on January
16, 1973
2. All lawyers whose names were included orare entered therein after the said date.(-Sec.18, By Laws of IBP)
MEMBERSHIP DUES
Membership dues Every member of the Integrated Bar
shall pay such annual dues as the Board of
Governors shall determine with the approval of the
Supreme Court. A fixed sum equivalent to ten
percent (10%) of the collection from each Chapter
shall be set aside as a Welfare Fund for disabled
members of the Chapter and the compulsory heirs
of deceased members thereof.
Effect of non-payment of dues Subject to the
provisions of Section 12 of this Rule, default in the
payment of annual dues for six months shallwarrant suspension of membership in the
Integrated Bar, and default in such payment for one
year shall be a ground for the removal of the name
of the delinquent member from the Roll of
Attorneys.
OBJECTIVES AND PURPOSE OF IBP
General Objectives:
1. To elevate the standards of the legal profession.2. To improve the administration of justice.3. To enable the Bar to discharge its public
responsibility more effectively.
(-Sec.2, By Laws of IBP)
Purposes of IBP:
1. Assist in the administration of justice.
2. Foster and maintain on the part of its memberhigh ideals of integrity, learning, professiona
competence, public service and conduct.
3. Safeguard the professional interest of itmembers.
4. Cultivate among its members a spirit of cordialityand brotherhood.
5. Provide a forum for the discussion of lawjurisprudence, law reform, pleading, practice and
procedure, and the relations of the Bar to the
Bench and to the public, and publish information
relating thereto.
6. Encourage and foster legal education.7. Promote a continuing program of legal research
in substantive and adjective law, and make
reports and recommendations thereon.
(-Sec.2, By Laws of IBP)
POWERS, PREROGATIVES, FUNCTIONS, DUTIES, AND
RESPONSIBILITIES
The powers, prerogatives, functions, duties andresponsibilities of the Integrated Bar, its Chapter
and other agencies, its officers and committees
national and local, its commissions, and its
members, are as provided by law, the Integration
Rule, Presidential Decree No. 181, these By-Laws
and pertinent rules and regulations.
Inter alia, the Integrated Bar shall have perpetuasuccession and shall have all legal powers
appertaining to a juridical person, particularly the
power to sue and be sued; to contract and to be
contracted with; to hold real and personal property
as may be necessary for corporate purposes; to
mortgage, lease, sell, transfer, convey and
otherwise dispose of the same; to solicit and
receive public and private donations and
contributions; to accept and receive real and
personal property by gift, devise or bequest; to levy
and collect membership dues and specia
assessments from its members; to adopt a seal and
to alter the same at pleasure; to have offices and
conduct its affairs in the Greater Manila Area and
elsewhere; to make and adopt by-laws, rules and
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regulations not inconsistent with the laws of the
Philippines or the Rules of Court, particularly the
Integration Rule; and generally to do all such acts
and things as may be necessary or proper to carry
into effect and promote the objectives and
purposes for which it was organized.
(-Sec.3, By Laws of IBP)
NATIONAL OFFICE
The national office of the Integrated Bar shall bein the Greater Manila Area.
(-Sec.6, By Laws of IBP)
IBP Building, No.15 Julia Vargas Avenue OrtigasCenter, Pasig City, Philippines 1600.
OFFICERS TERM OF OFFICE
The term of office of all elective officers, national and
local, shall be two years. In no case may any member be
elected to the same office for two consecutive terms.
The prohibition against re-election shall not apply to the
position of Treasurer of the Chapter. (As amended
pursuant to Bar Matter No. 668)
(-Sec.26, By Laws of IBP)
CHAPTERS
The fundamental objective of the Chapter shall be to
administer the affairs of the Integrated Bar within its
territorial jurisdiction, under the general direction and
supervision of the Board of Governors, with the end in
view of elevating the standards of the legal profession,
improving the administration of justice, enabling the Bar
to discharge its public responsibility more effectively,
and carrying out the purposes specified in the per curiam
Resolution of the Supreme Court dated January 9, 1973
ordaining the integration in Section 2 (objectives and
purposes) of the By-Laws of the Integrated Bar.
Chapters. A Chapter of the Integrated Bar shall be
organized in every province existing on the
date of the effectivity of the Integration Rule
Except as hereinbelow provided, every city
shall be considered part of the province within
which it was geographically situated prior to its
creation as a city. A separate chapter shall be
organized in each of the following politica
subdivisions or areas:
(a) The sub-province of Aurora;
(b) Each congressional district of the City o
Manila existing on the date of the
effectivity of the Integration Rule;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and
San Juan del Monte;
(f) Cebu City; and
(g) Zamboanga City, Basilan City, andBasilan Province.
The Board of Governors shall reorganize the various
Chapters of cities and provinces, by division or merger
to the end that, as far as practicable, no chapter shal
have more than one thousand nor less than five hundred
members, beginning with the fiscal year 1977-1978
The Board shall study the feasibility of organizing
Chapters in new provinces.
(-Sec.26, By Laws of IBP)
OFFICERS OF IBP AND DUTIES (CHAPTERS)
1. President - shall be the chief executive of theChapter. He shall preside at all Chapter meetings
and at all meetings of the Board of Officers
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2. Executive Vice President shall perform theduties of the President during the absence or
inability of the latter to act, and such other
duties as may be assigned to him by the
President and the Board.
3. Secretary - shall attend all meetings of the Boardof Officers and keep a record of all the
proceedings thereof; prepare and maintain a
membership roll of the Chapter and keep all the
records thereof; prepare official ballots for all
election; and perform such other duties as may
be assigned to him by the President and the
Board.
4. Treasurer - shall receive, collect and safely keep,under the direction of the Board of Governors
and the Board of Officers, all funds of the
Chapter; promptly remit to the national office
the latters share of the dues and assessments
under Section 23 (Membership Dues) of the By-
Laws of the Integrated Bar; keep proper books of
accounts and render reports of receipts and
disbursements as may be required; and perform
such other duties as may be assigned to him by
the President and the Board. He shall furnish a
bond at the expense of the Chapter, in such
amount as may be required by the Board of
Governors.
All disbursements shall be made over the
signature of the Treasurer, countersigned by the
President or, in his absence, by the Vice
President.
HOUSE OF DELEGATES
Composition - The Integrated Bar shall have a House of
Delegates composed of not more than one
hundred and twenty members apportioned
among all the Chapters. On or before December
31, 1974, and every two years thereafter, the
Board of Governors shall make a reapportionment
of Delegates among all the Chapters as nearly as
may be according to the number of thei
respective members, but each Chapter shall have
at least one Delegate.
Membership - The membership of the House of shal
consist of all the Chapter Presidents of the
Chapters entitled to more than one Delegate
each, the Vice Presidents of the Chapters and
such additional Delegates as the Chapters are
entitled to. Unless the Vice President is already a
Delegate, he shall be an alternate Delegate
Additional Delegates and alternates shall in
proper cases be elected by the Board of Officer
of the Chapter. Members of the Board o
Governors who are not Delegates shall be
members ex officio of the House, without the
right to vote.
Duties of Delegates - the Delegates shall attend every
convention of the House, promote the work of the
convention, and make reports of the proceeding
thereof to their respective Chapters.
The House shall hold an annual convention at the call o
the Board of Governors at any time during the month o
April of each year for the election of Governors, the
reading and discussion of reports including the annuareport of the Board of Governors, the transaction of such
other business as may be referred to it by the Board and
the consideration of such additional matters as may be
requested in writing by at least twenty Delegates. Specia
conventions of the House may be called by the Board o
Governors to consider only such matters as the Board
shall indicate. A majority of the Delegates who have
registered for a convention, whether annual or special
shall constitute a quorum to do business.
BOARD OF DIRECTORS
Composition - The Integrated Bar of the Philippines shal
be governed by a Board of Governors consisting o
nine (9) Governors from the (9) regions as
delineated in Section 3 of the Integration Rule, on
the representation basis of one (1) Governor fo
each region to be elected by the members of the
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House of Delegates from the region only. The
position of Governor should be rotated among the
different Chapters in the Region. (As amended
pursuant to Bar Matter 491)
Term of office - The Governors shall hold office for a
term oftwo years from July 1 immediately following
their election to June 30 of their second year in
office and until their successors shall have been
duly chosen and qualified.
Functions of the Board - The Board of Governors shall
have general charge of the affairs and activities of
the Integrated Bar. It shall have authority, inter alia,
to:
(a) Fix the date, time and place of every conventionof the House of Delegates, subject to the
provisions of Section 33 (Annual convention)and 34 (Special conventions);
(b) Make appropriations and authorizedisbursements from the funds of the Integrated
Bar, subject to the provisions of Sections 14 of
the Integration Rule and Section 5 (Positions
honorary) of these By-Laws;
(c) Engage the services of employees, define theirduties and fix their compensation;
(d) Receive, consider and act on reports and
recommendations submitted by the House of
Delegates or its committees;
(e) Provide for the publication of the Journal of the
Integrated bar;
(f) Administer the Welfare Fund in accordance with
such rules and regulations as it may promulgate;
(g) Fill vacancies, however arising, in the positions
of officers of the Integrated Bar, subject to the
provisions of Sec. 8 of the Integration Rule, and
Section 11 (Vacancies), Section 44 (Removal of
members), Section 47 (National officers), Section 48
(Other officers), and Section 49 (Terms of Office) o
these By-Laws;
(h) Subject to the approval of the Supreme Court
promulgate Canons of Professional Responsibility
for all members of the Integrated Bar;
(i) Promulgate rules and regulations for the
establishment and maintenance of lawyer referra
services throughout the Philippines;
(j) Subject to the approval of the Supreme Court
impose special assessments for specific nationa
purposes, and impose, or recommend in prope
cases to the Court the imposition of, sanctions fonon-payment or delinquency in the paymen
thereof;
(k) Prescribe such rules and regulations as may be
necessary and proper to carry out the objectives
and purposes of the Integrated Bar as well as the
provisions of the Integration Rule and Presidentia
Decree No. 181; and
(i) Perform such other functions as may be
necessary or expedient in the interest of the
Integrated Bar.
NATIONAL OFFICERS
National Officers. - The Integrated Bar of the Philippines
shall have a President and Executive Vice Presiden
to be chosen by the Board of Governors from
among nine (9) regional governors, as much as
practicable, on a rotation basis. The governors shal
be ex officio Vice President for their respective
regions. There shall also be a Secretary and
Treasurer of the Board of Governors to be
appointed by the President with the consent of the
Board. (As amended pursuant to Bar Matter 491).
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The Executive Vice President shall automatically
become President for the next succeeding term.
The Presidency shall rotate among the nine Regions.
NATIONAL COMMITTEES
The Board of Governors shall establish and maintainstanding national committees. Until otherwise changed,
modified or redefined by the Board, the respective
names, powers, prerogatives, functions, duties and
responsibilities of the standing committees shall be as
set forth in this Article. The Board shall have authority to
create additional standing committees and special
committees, and to define their respective powers,
prerogatives, functions, duties and responsibilities.
Every committee shall submit an annual report to the
President, but the Board may at any time require anycommittee to submit a special report.
Membership of committees - Each national committee
shall consist of such number of members as may be fixed
by the Board of Governors. They shall be appointed by
the President with the consent of the Board, and shall
serve for a term of two years, and until their respective
successors shall have been duly appointed and qualified.
The chairman of each committee shall be designated by
the President.
Three consecutive absences of any member from
committee meetings without justifiable excuse shall be a
ground for the President to appoint his replacement.
Committees:
1. Committee on Chapter Affairs2. Committee on Legal Aid3. Committee on Administration of Justice4. Committee on Legal Education and Bar
Admissions
5. Committee on Professional Responsibility,Discipline and Disbarment
6. Committee on Research Services7. Committee on Legislation
8. Committee on Public Service9. Committee on Inter-Professional and Busines
Relations
10.Committee on Books and Publications11.Committee on Unauthorized Practice of Law12.Committee on Law Reporting
FISCAL CONTROL
Fiscal Year. The Integrated Bar shall operate on fisca
year beginning on January 1 and ending on
December 31 of each year. (As amended pursuan
to Bar Matter No. 668)
JOURNAL
Journal of the Integrated Bar. The Board of Governors
shall cause to be published a quarterly Journal
and to this end shall be assisted by a board o
editorial consultants, and members of which shal
be appointed by the President, with the consen
of the Board. The editorial consultants shall hold
office at the pleasure of the Board
Every member of the Integrated Bar is entitled to
receive a free copy of every issue of the Journal.