MODULE 9 ➢ Cultivate among its members a spirit of cordiality

The Integrated Bar of the Philippines (IBP) is the national and brotherhood;
organization of lawyers in the Philippines. It was created by ➢ Provide a forum for the discussion of law,
Republic Act No. 6397, also known as the "Integrated Bar of jurisprudence, law reform, pleading, practice and
the Philippines Act of 1971." Here are the key points to procedure, and the relations of the Bar to the Bench
discuss regarding the IBP: and to the public, and publish information relating
thereto;
1. Power to Integrate the Bar: ➢ Encourage and foster legal education; and
The power to integrate the Bar is derived from the statutory ➢ Promote a continuing program of legal research in
basis provided by Republic Act No. 6397. This law mandated substantive and adjective law, and make reports
the integration of the Philippine Bar to promote the and recommendations thereon.
improvement of the administration of justice and the 7. Structure of the IBP Board:
advancement of the legal profession. • The IBP is governed by a Board of Governors,
➢ Power to Sue and Be Sued with representatives from various regions and
➢ Power to Contract and Be Contracted With sectors.
➢ Power to Hold Real and Personal Property
➢ Power to Mortgage, Lease, Sell, Transfer, Convey, The structure of the Integrated Bar of the
and Dispose of Property Philippines (IBP) Board is outlined in accordance
➢ Power to Solicit and Receive Donations with the provisions of Republic Act No. 6397 (AN
➢ Power to Accept Real and Personal Property by Gift, ACT PROVIDING FOR THE INTEGRATION OF THE
Devise, or Bequest PHILIPPINE BAR, AND APPROPRIATING FUNDS
➢ Power to Levy and Collect Membership Dues and THEREFOR), which created the IBP. The IBP is the
Special Assessments official organization of all lawyers in the Philippines.
➢ Power to Adopt a Seal and Alter It
➢ Power to Have Offices and Conduct Affairs in As of my last knowledge update in January 2022,
Greater Manila Area and Elsewhere the STRUCTURE OF THE IBP BOARD is generally as
➢ Power to Make and Adopt By-Laws, Rules, and follows:
Regulations • National Board of Governors:
➢ General Power to Do All Acts Necessary to Achieve The highest governing body of the IBP is the
Objectives National Board of Governors. It is composed of
the President, Executive Vice President, and
2. Constitutionality of Bar Integration: the Governors representing different regions in
The constitutionality of Bar integration has been upheld by the Philippines.
the Supreme Court of the Philippines. In the case of "In Re: • Officers
Integration of the Bar of the Philippines" (1973), the Court ➢ President: The President is the highest-ranking
declared that the integration of the Bar is a valid exercise of officer of the IBP. They provide leadership and
the police power of the state. represent the organization in various
3. Fundamental Purpose of IBP: capacities.
The fundamental purpose of the IBP is to elevate the ➢ Executive Vice President: The Executive Vice
standards of the legal profession, improve the administration President assists the President in their duties
of justice, and enhance the role of lawyers in nation-building. and may act as the President in their absence.
4. Nature of the IBP: • Regional Governors: Governors represent various
The IBP is a mandatory organization for all lawyers in the regions in the Philippines. The specific number of
Philippines. Membership is a prerequisite for the practice of governors and the regions they represent may vary
law. based on the IBP's by-laws and any amendments
5. General Objectives of the IBP: thereto.
The general objectives include: • Committees: The IBP may have various committees
➢ to elevate the standards of the legal profession, focusing on specific areas of concern, such as legal
➢ to improve the administration of justice; and education, ethics, and professional responsibility.
➢ to enable the Bar to discharge its public • Election Process: The President and Executive Vice
responsibilities more effectively. President are elected by the members of the IBP.
The election process for governors may also be
6. Purposes of the IBP: outlined in the by-laws.
➢ Assist in the administration of justice;
➢ Foster and maintain, on the part of its members, 8. Term of Members of the IBP Board:
high ideals of integrity, learning, professional • Members of the IBP Board serve for a specific
competence, public service and conduct; term, typically defined by the organization's
➢ Safeguard the professional interests of its members; bylaws.
9. Principle of Rotation: 15. Vacancy Occurring in the IBP Presidency:
• The principle of rotation may apply to the Except as otherwise provided in these By-Laws,
election or appointment of IBP officers, whenever the term of office or position, whether
ensuring that leadership opportunities are elective or appointive, is for a fixed period, the person
distributed among members. chosen to fill a vacancy therein shall serve only for the
10. Kinds of Rotation: unexpired position of the term.
• Rotation may take different forms, such as 16. Prohibited Acts and Practices Relative to IBP Elections:
geographical rotation or rotation based on ➢ Distribution, except on election day, of election
specific sectors within the legal profession. campaign materials;
11. Qualifications of a Regional IBP Governor:
• The qualifications for a regional IBP governor ➢ Distribution, on election day, of election
may include experience in legal practice and campaign materials other than a statement of
active membership in good standing. the biodata of the candidate on not more than
➢ Membership in the IBP: Candidates for the position one page of a legal size sheet of paper; or
of Regional Governor should be members in good causing the distribution of such statement to
standing of the Integrated Bar of the Philippines. be done by persons other than those
➢ Length of Practice: There may be a requirement for authorized by the officer presiding at the
a minimum number of years of legal practice. For elections;
example, candidates may need to have been ➢ Campaigning for or against any candidate,
engaged in the practice of law for a specified period. while holding an elective, judicial, quasi-judicial
➢ Good Standing and Reputation: Candidates should or prosecutory office in the Government or any
have a good professional standing and reputation in political subdivision, agency or instrumentality
the legal community. They may be required to thereof;
demonstrate high ethical standards and adherence ➢ Formation of tickets, single slates, or
to the IBP's Code of Professional Responsibility. combinations of candidates as wells the
➢ Residence or Practice in the Region: Depending on advertising thereof;
the IBP's by-laws, candidates may need to be ➢ For the purpose of inducing or influencing a
residents or practitioners within the region they member to withold his vote, or to vote for or
seek to represent. This requirement ensures that against a candidate, (1) payment of the dues or
the regional governor is closely connected to the other indebtedness of any member; (2) giving
legal community in that specific area. of food, drink, entertainment, transportation
➢ Active Participation in IBP Activities: Active or any article of value, or any similar
involvement in IBP activities, committees, or consideration to any person; or (3) making a
initiatives may be considered a positive factor in promise or causing an expenditure to be made,
evaluating a candidate's suitability for the position. offered or promise to any person.
➢ Compliance with Election Procedures: Candidates 17. Procedure for Voluntary Termination of Membership:
should comply with the election procedures • The process for voluntarily terminating IBP
outlined in the IBP's by-laws. This may include filing membership is likely outlined in the
the necessary documents, adhering to deadlines, organization's rules.
and participating in the election process.
➢ No Disqualifications: Candidates should not be 18. Membership Dues:
subject to any disqualifications specified in the IBP's • IBP members are required to pay membership
by-laws. Disqualifications may include certain dues to support the organization's activities.
professional or legal issues that could impede a 19. Effect of Non-Payment of Dues:
candidate's ability to serve effectively. • Non-payment of dues may result in certain
consequences, such as loss of voting rights or
12. Board Meeting: other privileges.
The Board of Governors conducts regular meetings to 20. No Retirement in the IBP:
discuss and address issues related to the legal profession • Unlike some organizations, the IBP does not
and the organization's goals. have a retirement system for its members.
13. IBP Officers:
The IBP officers, including the President, Vice President, Any member in good standing who shall have attained
Secretary, and Treasurer, play crucial roles in the the age of 70 years, or who shall have been 40 years as
organization's leadership. lawyer shall, by reason of physical disability or judicially
14. Term of Officers: adjudged mental incapacity, be unable to engage in the
The term of office of all elective officers, national and practice of Law, may be retired from the Integrated Bar
local, shall be two years. In no case may any member be upon verified petition to the Board of Governors. Retired
elected to the same office for two consecutive terms.
 members shall not practice law or be required to pay 3. Term of Office:
dues. • The term of a notary's commission is
typically renewable after a certain period.
A retired member may be reinstated to active 4. Notarial Act and Notarization:
membership upon written application to and approval • Notaries perform notarial acts, such as
by the Board. administering oaths and certifying
documents, to give them legal
The Board shall make periodic reports of retirement and authenticity.
reinstatement of members to the Supreme Court. 5. Effect of Notarization:
• Notarization imparts the presumption of
MODULE 10 regularity and authenticity to the
Mandatory Continuing Legal Education (MCLE) and document.
Notarial Practice in the Philippines: 6. Jurisdiction and Place of Notarization:
Mandatory Continuing Legal Education (MCLE): • Notaries have jurisdiction within a specific
1. Purpose: geographical area, and notarization must
• The purpose of MCLE is to ensure that take place within that jurisdiction.
lawyers engage in continuous learning to 7. Powers and Limitations:
keep abreast of developments in the law • Notaries have specific powers and
and improve their professional limitations defined by law, and they must
competence. adhere to ethical standards.
2. Requirements: 8. Competent Evidence of Identity:
• Lawyers are required to complete a • Notaries must require sufficient evidence
specified number of credit hours in of the identity of the person appearing
approved legal education activities over a before them.
compliance period. 9. Grounds for Refusal to Notarize:
3. Compliance: • Notaries may refuse to notarize a
• Lawyers must comply with MCLE document for valid legal reasons.
requirements to maintain their good 10. Prohibited Acts:
standing and eligibility to practice law. • Notaries are prohibited from engaging in
4. Exemptions: certain acts, such as notarizing their own
• Certain lawyers may be exempted from documents.
MCLE requirements, such as those who 11. Notarial Register:
have retired or are serving in government • Notaries maintain a notarial register where
positions. they record details of notarized
5. Non-Compliance Procedure: documents.
• Non-compliance may result in sanctions,
and lawyers failing to meet the MCLE 12. Rules on Notarial Register:
requirements may be subject to penalties. • Specific rules govern the content and
6. Consequences of Non-Compliance: maintenance of the notarial register.
• Consequences may include the suspension 13. Revocation of Commission:
of the lawyer's right to practice until the • A notary's commission may be revoked for
MCLE requirements are fulfilled. cause, such as misconduct or violation of
7. Penalty for Nondisclosure of MCLE Compliance or notarial rules.
Exemption: 14. Administrative and Criminal Sanctions:
• Nondisclosure or misrepresentation of • Violations of notarial laws may result in
MCLE compliance or exemption may result administrative sanctions, including
in administrative sanctions. revocation of the notary's commission,
and in some cases, criminal sanctions.
Notarial Practice (A.M. No. 02-8-13-SC, as amended): It's crucial for legal practitioners to stay informed
1. Notary Public: about changes in MCLE and Notarial Practice rules and
• A notary public is an officer authorized to regulations, as these may be subject to amendments over
perform certain legal formalities, time.
particularly to witness and authenticate
documents. MODULE 11
2. Qualifications: Judicial Ethics:
• Notaries must meet certain qualifications, 1. Sources of Judicial Ethics:
including being a lawyer and passing the
notarial exam.
 • Judicial ethics draw from legal statutes, Independence:
case law, legal traditions, and codes of 1. Individual and Institutional Judicial Independence:
conduct designed for judges. These • Judges must be individually independent,
sources collectively establish the standards free from external influences, and the
of behavior expected from judges. judiciary as a whole must be institutionally
2. New Code of Judicial Conduct (Bangalore Draft): independent to maintain public trust and
• The Bangalore Draft is a comprehensive set safeguard the rule of law.
of ethical guidelines for judges, providing
specific standards for their conduct and 2. Objectivity:
behavior. It aims to ensure uniformity and • Objectivity is crucial for judges to make
high ethical standards across the judiciary. impartial decisions. It requires judges to
3. Court, Court Staff, Judge: set aside personal biases and make
• The court, its staff, and the judge form a decisions solely based on the law and the
triad central to the administration of facts presented in a case.
justice. Each plays a distinct role in 3. Judge's Family:
maintaining the integrity and effectiveness • Judges must consider the potential impact
of the legal system. of their decisions on their families and take
4. De Jure Judge, De Facto Judge: steps to avoid conflicts of interest,
• A de jure judge is one who holds a lawful ensuring that personal relationships do not
appointment, while a de facto judge acts compromise their impartiality.
without proper authority. The New Code Integrity:
addresses the conduct expectations for 1. Sections 1-3 of Canon 2:
both types, emphasizing the importance of • Integrity is the cornerstone of judicial
adherence to legal procedures. conduct. Judges must act with honesty,
De Jure Judge Example: probity, and a commitment to upholding
John, a seasoned lawyer, is appointed as a the highest ethical standards to maintain
judge in the Supreme Court through the the integrity of the judiciary.
constitutional process. He goes through the Impartiality:
required confirmation by the legislative body 1. Sections 1-6 of Canon 3:
and takes the oath of office. John is now a de • Impartiality demands judges to be both
jure judge with a valid and legal appointment, subjectively unbiased and to appear fair in
recognized by the appropriate authorities. their decisions. This ensures that justice is
dispensed without favoritism, prejudice,
De Facto Judge Example: or undue influence.
In a small district court, due to a clerical error, 2. Cold Neutrality of an Impartial Judge:
Sarah is mistakenly believed to have been • A judge must maintain a cold neutrality,
appointed as a temporary judge by the court setting aside personal feelings and biases
administrator. Even though she lacks the to ensure fair and just decisions based
proper legal appointment, Sarah starts solely on the merits of the case.
presiding over cases and making judicial 3. Presumption of Regularity:
decisions. In this scenario, Sarah functions as a • The presumption of regularity requires
de facto judge, acting without a valid that judges are presumed to have
appointment but performing judicial functions performed their duties properly unless
in practice. proven otherwise, emphasizing the
5. Qualifications of Justices and Judges: integrity of judicial functions.
• Qualifications for judges typically include a 4. Bias and Prejudice Must Be Proved:
legal education, relevant experience, and • Allegations of bias or prejudice must be
high moral character. These requirements substantiated with concrete evidence,
ensure that judges possess the necessary ensuring that judges are not arbitrarily
knowledge, skills, and integrity to uphold disqualified based on mere accusations.
justice. 5. Extrajudicial Source Rule:
6. Proper Judicial Conduct: • Judges must not consider information
• Proper judicial conduct encompasses outside the proceedings, preventing
behavior both inside and outside the external influences from affecting their
courtroom. Judges are expected to exhibit decisions and maintaining the purity of the
professionalism, respect, and impartiality judicial process.
in their interactions, maintaining the 6. Duty to Sit:
public's trust in the legal system.
 • Judges have a duty to hear cases assigned 3. Reglementary Period:
to them unless there is a valid reason for • Judges are required to render decisions
recusal ( withdrawal from hearing the case within specified timeframes. Delays may
due to a conflict of interest or the lead to liability, emphasizing the
appearance of bias). This duty ensures the importance of efficiency in the judicial
efficient administration of justice. process.
7. Rule of Necessity: 4. Prohibition to Serve as Executor:
• The rule of necessity allows judges to • Judges are generally prohibited from
participate in cases even when there may serving as executors, administrators, etc.,
be conflicts, ensuring the availability of a to avoid conflicts of interest. Specific
quorum for fair adjudication. exceptions exist to balance ethical
Propriety: considerations.
1. Sections 1-15 of Canon 4:
• Propriety involves judges behaving in a An executor is an individual appointed in a will
manner that upholds the dignity and to carry out the instructions and wishes
integrity of the judiciary. It encompasses a specified in the deceased person's last will and
wide range of ethical considerations, both testament. The role of an executor involves
inside and outside the courtroom. managing the deceased person's estate,
2. Prohibitions under Section 8: ensuring that their assets are distributed
• Section 8 outlines specific activities according to the terms of the will, and handling
prohibited for judges, such as ticket-fixing various administrative responsibilities
and practicing law. These prohibitions aim associated with settling the deceased person's
to maintain the integrity of the judiciary affairs.
and prevent conflicts of interest.
3. Grounds for Criminal Liability under Section 9: 5. Prohibition on Political Activities:
• Section 9 outlines grounds for criminal • Judges are generally barred from engaging
liability, including bribery. This reinforces in political activities to maintain the
the importance of judges maintaining high appearance of impartiality and prevent
ethical standards to avoid legal potential conflicts of interest.
consequences.
Equality: These principles collectively shape the ethical conduct of
1. Sections 1-5 of Canon 5: judges, ensuring the fairness, integrity, and effectiveness of
• Judges must treat all parties and their the judicial system. Violations of these ethical standards may
lawyers with equality, ensuring that justice result in disciplinary actions to maintain public trust in the
is dispensed without discrimination or judiciary.
favoritism.
Competence and Diligence:
1. Sections 1-7 of Canon 6:
• Judges must be competent and diligent in
performing both their judicial and
administrative duties. This ensures the
effective and timely administration of
justice.
2. Gross Ignorance of the Law:
• Judges must not display gross ignorance of
the law, and bad faith is a necessary
element for it to be considered a violation.
This underscores the importance of judges
having a solid understanding of legal
principles.
• Refers to a significant lack of knowledge or
understanding of legal principles and rules
that goes beyond ordinary or minor
mistakes. It implies a severe deficiency in
legal knowledge, suggesting that a judge's
actions or decisions reflect a profound
misunderstanding of fundamental legal
concepts.