BY GEROME DALIPE IV
ILOILO City – The Supreme Court has approved a measure aimed at enhancing the culture of service in the legal profession and improve the efficiency of legal aid systems in the country.
The high court en banc approved the Rules on Unified Legal Aid Service (ULAS Rules) aimed at improving access to justice for indigent Filipinos by making justice accessible for marginalized sectors, while also supporting lawyers in fulfilling their pro bono obligations.
Under these rules, lawyers covered by the mandate are required to render at least 60 hours of pro bono legal aid every three years, targeting the needs of indigent individuals as defined in the ULAS Rules.
The ULAS Rules were developed through extensive deliberations and in-depth studies conducted by the Technical Working Group (TWG) over more than a year.
The above initiative is aligned with the Court’s mission to uphold social justice and ensure that legal assistance reaches underserved communities.
By institutionalizing pro bono work, the ULAS Rules aim to address the gap in legal services for vulnerable sectors of society.
The ULAS Rules were carefully crafted through a collaborative and inclusive process led by the TWG.
To ensure the rules were responsive and accessible, the TWG sought the invaluable inputs of the SC En Banc and the rules’ primary stakeholders — covered lawyers — as well as potential beneficiaries.
From April 12 to May 31, 2024, the TWG conducted four regional consultations in major cities across the Philippines.
These consultations allowed the TWG, the Court En Banc, and various Court employees to directly engage with lawyers in local regions, gathering insights and feedback on the proposed rules.
To widen the scope of participation, an online feedback form was also made available during the same period.
This enabled the public, including the indigent individuals who stand to benefit from the rules, to provide their input.
By opening multiple channels for consultation, the tribunal ensured that the final version of the ULAS Rules was shaped by diverse perspectives and aligned with the needs of both the legal community and underserved populations.
Under the rules, a qualified beneficiary is defined as any person who lacks sufficient means to afford adequate legal services.
The determination of eligibility will be made by a covered lawyer, following guidelines issued by the ULAS Board.
For such beneficiaries, legal services will be free of charge, and any necessary expenses incurred during the provision of these services will be covered by the ULAS Fund, a special fund created by the Supreme Court for this purpose. Furthermore, qualified beneficiaries are exempt from paying docket and other fees, ensuring that financial constraints do not hinder access to legal remedies.
Under the ULAS Rules, pro bono legal aid services encompass a wide range of legal assistance activities aimed at addressing the diverse needs of indigent beneficiaries.
These services include Pro bono legal aid services representation in court, legal counselling, drafting legal documents, developmental legal assistance, and participation in accredited legal outreach programs.
In addition, the ULAS Rules provide lawyers with an alternative to fulfill their pro bono obligations through financial contributions, offering flexibility while still supporting the objectives of the program.
These contributions will be directed exclusively to the ULAS Fund, which is designed to cover the reasonable expenses incurred by covered lawyers in performing pro bono services.
However, the ULAS Rules stipulate that such financial contributions can only account for a maximum of 50 percent of the required 60 hours of pro bono service within the three-year compliance period.
Lawyers must still render the remaining hours through direct service to indigent beneficiaries.
The ULAS Board will establish a schedule of rates per hour to standardize the financial contributions, ensuring fairness and alignment with the program’s goals.
This provision allows lawyers to balance their professional responsibilities while contributing to the expansion of legal aid resources for underserved communities.
The ULAS Rules include a variety of incentives to encourage lawyers to meet and even exceed the required 60 hours of pro bono legal aid services per compliance period. These incentives aim to recognize the efforts of lawyers while easing their administrative and logistical burdens.
Key incentives include Mandatory Continuing Legal Education (MCLE) credits, tax incentives, expanded scope of credited services, among others.
On the other hand, the ULAS Rules also outline specific consequences for lawyers who fail to meet the minimum required 60 hours of pro bono legal aid within the three-year compliance period.
Lawyers who fail to comply may be subject to monetary penalties and may be listed as delinquent members of the Integrated Bar of the Philippines (IBP)
The Office of the Bar Confidant may deny delinquent lawyers the issuance of this certificate, which is essential for various legal and professional activities.
A 60-day grace period is granted from the time the lawyer receives a noncompliance notice.
Penalties are imposed only if the lawyer remains noncompliant after the expiration of this grace period.
Likewise, lawyers who are excluded from ULAS Coverage are those prohibited from private practice by law such as members of the Judiciary, lawyers employed in the Office of the Solicitor General, and government prosecutors under the Department of Justice.
Lawyers working for the Public Attorney’s Office (PAO) and the Shari’ah Public Assistance Office and those who have been practicing for at least 35 years or are aged 60 and above are also exempted from rules.
Lawyers with disabilities that prevent them from fulfilling pro bono requirements and new lawyers during the compliance period coinciding with their admission to the Bar are also exempted.
The ULAS Rules will take effect on February 3, 2025, following its complete publication in the Official Gazette or two newspapers of general circulation.
The initial compliance period will span 2025 to 2027.
To streamline the process and maximize incentives, the ULAS Rules are synchronized with the 9th compliance period of the Mandatory Continuing Legal Education (MCLE).
This is to ensure that lawyers who fulfill their 60-hour pro bono requirement during the ULAS compliance period automatically receive 15 MCLE credit units, promoting efficiency and ease of compliance./PN
