I.

INTRODUCTION

“The liberties of none are safe unless the liberties of all are protected." - William O.
Douglas, Supreme Court Justice

The legal profession bestows admittance to the ones who possess strict and

moral qualifications asked of a lawyer. The right of entry is given to those who are

strong and who have the grit to endure the rigorous training of law school in order

to pass the Bar examinations, take their oaths and sign the Rolls of Attorneys.

Likewise, these privileged lots have been taught upon entering law school that the

Code of Professional Responsibility is the bible for lawyers. It contains the

standards a lawyer has to reach in order to live a happy, healthy and ethical life in

the legal profession. As defined in Prieto vs. Corpuz, et al. “The practice of law

is a sacred and noble profession. It is limited to the persons of good moral

character with special qualifications duly ascertained and certified.”1 In order for

our society to progress, lawyers have the duty to protect each individual’s rights

and liberties against a flawed system. Lawyers are not part of the dying embers of

a corrupted nation, but they are its light.

The purpose of law in society is to preserve the moral sanctity that binds the

society. Therefore, the legal profession is considered a noble profession as it is the

upholder and protector of law. It is a service-oriented profession which aims to

serve society. Roscoe Pound captured the essence of this sentiment when he

wrote, “Historically, there are three ideas involved in a profession: organisation,

learning, and a spirit of public service. These are essential. The remaining idea

that of gaining a livelihood is incidental.” Lawyers are considered to be social

1
Prieto vs Corpuz A.C. No. 6517 (December 6, 2006)
2 Article III, Section 11 of the 1987 Constitution
engineers, who bring about social change and development. Legal cases are

embodiments of social change.2

The main topic of this term paper is to answer the question, “How far

can Pro Bono Lawyers go for their client's cause?” As such, lawyers are

charged with the duty to give meaning to the guarantee of access to

adequate legal assistance under Article III, Section 11 of the 1987

Constitution,” it said. “As a way to discharge this constitutional duty,

lawyers are obliged to render pro bono services to those who otherwise

would be denied access to adequate legal services.”3

WHAT IS PRACTICE OF LAW?

Practice of Law – any activity, in or out of court which requires the application

of law, legal procedure, knowledge, training and experience. To engage in the

practice of law is to give notice or render any kind of service, which or devise or

service requires the use in any degree of legal knowledge or skill (Cayetano v.

Monsod, 201 SCRA 210).

The practice of law is a privilege granted only to those who possess the

STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who

are instruments in the effective and efficient administration of justice. (In Re:

Argosino, 1997)
What is Pro Bono?

“Pro bono publico" is a Latin phrase that's typically shortened to "pro bono" 4

when it's used in the legal profession. It means “for the good of the people," and

it refers to legal services performed free of charge or at reduced fees for the public

good. Pro bono cases and services leverage the skills of legal professionals to help

those who are unable to afford lawyers.

A lawyer might also privately accept a case “pro bono,” meaning that he will

not charge a client in need for his services, or he will accept a significantly lower

fee. He might also provide legal assistance to certain organizations that promote

social causes, such as preventing domestic violence or even ecological issues.

Governing laws for Pro Bono cases

New lawyers will be required to provide 120 hours of pro bono legal services

to poor litigants, in keeping with the constitutional guarantee of “free access to

the courts and quasi-judicial bodies.”

The “Community Legal Aid Service Rule” issued by the Supreme Court en

banc, dated October 10,2017 notes that “the legal profession is imbued with

public interest.”

The high court said lawyers are obliged to ensure people’s access to legal

services “in an efficient and convenient manner compatible with the independence,

integrity and effectiveness of the profession.”

4
https://definitions.uslegal.com/p/pro-bono/
 The Office of the Bar Confidant and the Integrated Bar of the Philippines are

tasked to oversee compliance with the rule, which gives new lawyers a year from

signing the roll of attorneys to complete the 120 hours of free legal services, in

criminal, civil and administrative cases. Public interest cases and legal issues that

affect the society are also accepted.

THE IMPLEMENTING RULES AND REGULATIONS OF A.M. No. 17-03-09-SC

OTHERWISE KNOWN AS THE ―RULE ON COMMUNITY LEGAL AID SERVICE.

Under Section 5 Pro bono legal services may be provided to the following

qualified parties and/or litigants under this CLAS Rules: (a) Indigent Parties and/or

Litigants, as defined herein; (b) Other persons of limited means, as defined herein;

(c) Individuals, groups, or organizations rendered unable to secure free legal

assistance by reason of ―conflict of interest on the part of government-provided

legal assistance through the Public Attorney’s Office (PAO), provided they are

qualified under the means and merit tests under the NCLA guidelines or manual of

operations. Provided further, in all legal aid cases of whatever nature, the PAO

may invoke ―conflict of interest only in civil, criminal or administrative cases with

several defendants/accused/ respondents having conflicting defenses. Provided

finally, the giving of legal advice or the preparation of affidavits/

complaints/documents in any case shall not be a ground to invoke ―conflict of

interest‖; and (d)Public interest cases that has societal impact and involves a

group or sector of society that otherwise would not be capable of securing legal

assistance by reason of inability of other lawyers, law firms, or government offices,

including the Public Attorney’s Office.

The legal services covered are : (a) Representation of qualified parties and/or

litigants, as defined, in the trial courts in civil and criminal cases and quasi-judicial
bodies in administrative cases, including proceedings for mediation, voluntary or

compulsory arbitration, and such other modes of alternative dispute resolution; (b)

Legal counseling; (c) Developmental Legal Assistance, consisting of rights

awareness, capacity building, and training in basic human rights, documentation,

and affidavit-making, rendered in public interest cases, including legal assistance

rendered by identified Public Interest Law Groups; (d)Legal services provided as

part of employment in the judiciary, executive, or legislative branches of

government and in constitutional bodies shall be considered sufficient compliance

with this Rule, provided that the covered lawyer must already be in said

government service at least six (6) months before admission into the Bar

(oath-taking); provided further, that the legal services provided are substantive,

as certified by the concerned Head of Office whose rank must be at least Director

IV or its equivalent. For purposes of this CLAS Rules, the said certification should

state the actual number of hours and summary of the legal services rendered; (e)

Legal services provided to marginalized sectors and identities, such as but not

limited to: (i) urban poor or informal settlers; (ii) workers/laborers; (iii) overseas

foreign workers; (iv) children in conflict with the law; (v) indigenous peoples; (vi)

persons with disabilities; (vii) persons involved in gender issues; and (viii) those

groups as may be approved by the IBP; (f) Attendance and participation in legal

aid summits/conferences organized by the Integrated Bar of the Philippines

National Office. Provided, however, that in no case the creditable hours shall

exceed four (4) hours per seminar at the discretion of the IBP. (Section 6)

Covered lawyers shall, upon completion of the required 120 hours of free legal

aid services, submit an Affidavit of Full Compliance and a notarized Certificate of

Compliance to the OBC issued and signed by the chairperson of the IBP Chapter

Legal Aid Committee, NCLA Director, or the chairman, director, or supervising

partner or lawyer from the Accredited Legal Aid Service Provider where they are
registered. (b) The concerned IBP Chapter may impose a reasonable fee for the

issuance of the said Certificate of Compliance. Any fee for the notarization of the

said certificate must likewise be reasonable. (c) Covered lawyers who obtained

their certificates of compliance from the NCLA, a Host Chapter, or an Accredited

Legal Aid Service Provider, as defined herein, should furnish a copy of the said

certificate to their respective IBP Home Chapters. The concerned IBP Home

Chapter shall then issue the corresponding CLAS Compliance Number (Section 12)

The following however are exempted from the requirements of this CLAS

Rules upon sufficient proof of their respective circumstances submitted with the

OBC: (a) Covered lawyers in the executive and legislative branches of government

[excluding local government units (LGUs), government-owned and controlled

corporations (GOCCs), state universities and colleges (SUCs), local water districts ,

and other similar institutions] as well as in constitutional bodies, provided that the

covered lawyer must already be in said government service at least six (6) months

before admission into the Bar (oath-taking); (b) Those already employed, upon

admission into the Bar, with the judiciary, the Public Attorney’s Office, the

National Prosecution Service, the Office of the Solicitor General, the Office of the

Government Corporate Counsel, and the Office of the Ombudsman shall be

automatically exempt from compliance with this Rule. The concerned lawyers shall

submit the necessary certificate of employment. Provided, however, that they

shall undertake to remain in the government service for at least one (1) year from

admission to the Bar. A violation of the said undertaking shall nullify their

certificate of exemption; (c) Those who have already undergone and completed

the clinical legal education program duly organized and accredited under Rule

138-A (The Law Student Practice Rule). Provided, that the service rendered was

voluntary and not made to earn any academic units/credits; (d)Covered lawyers

who have worked for at least one (1) year, upon admission to the Bar, in law firms
offering pro bono legal services or regularly accepting counsel de oficio

appointments; (e) Covered lawyers who have worked for more than one (1) year,

upon admission to the Bar, as staff of a Law School Legal Aid Office, a Public

Interest Law Group, or the Integrated Bar of the Philippines; and (f) Covered

lawyers who have worked with lawyers for Public Interest Law Groups or

alternative or developmental law groups for more than one (1) year, upon

admission to the Bar, and have filed public interest cases. For purposes, there

must be certificate of employment and a certification stating the actual number of

hours and summary of the legal services rendered. Within thirty (30) days from

date of signing the Roll of Attorneys, any covered lawyer under this Section shall

submit his/her sworn statement and Certificate of Exemption issued by the

concerned office showing his/her entitlement to the exemption from the rule.

Otherwise, the covered lawyer shall not be considered exempt from the Rule and,

thus, he/she has to comply with this CLAS Rules. The said sworn

statement/Certificate of Exemption shall state the details of the substantive legal

services rendered including the number of hours spent, which shall not be less

than 120 hours, and the summary of cases handled or legal services rendered.

This provision shall be strictly construed against the exemption. (Section 8).

Republic Act 9999 which was enacted on February 23, 2010. The act is also

known as Free Legal Assistance. It is a policy of the State to value the dignity of

every human person and guarantee the rights of every individual, particularly

those who cannot afford the services of legal counsel. State shall guarantee free

legal assistance to the poor and ensure that every person who cannot afford the

services of a counsel is provided with a competent and independent counsel

preferably of his/her own choice, if upon determination it appears that the party
cannot afford the services of a counsel, and that services of a counsel are

necessary to secure the ends of justice and protect of the party.

In this act, the lawyer or professional partnerships rendering actual free

legal services, as defined by the Supreme Court, shall be entitled to an allowable

deduction from the gross income, the amount that could have been collected for

the actual free legal services rendered or up to ten percent (10%) of the gross

income derived from the actual performance of the legal profession, whichever is

lower: Provided, That the actual free legal services herein contemplated shall be

exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to

indigent litigants as required under the Rule on Mandatory Legal Aid Services for

Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.

For purposes of availing of the benefits and services as envisioned in this Act,

a lawyer or professional partnership shall secure a certification from the Public

Attorney's Office (PAO), the Department of Justice (DOJ) or accredited association

of the Supreme Court indicating that the said legal services to be provided are

within the services defined by the Supreme Court, and that the agencies cannot

provide the legal services to be provided by the private counsel. (Sec 4, RA 9999)

MEMORANDUM CIRCULAR No. 18 Series of 2002 SUBJECT: AMENDED

STANDARD OFFICE PROCEDURES IN EXTENDING LEGAL ASSISTANCE

Public Attorney’s Office is mandated to represent, free of charge, indigent

persons or the immediate members of their family, in all civil, administrative and

criminal cases where, after due investigation, it is determined that the interest of

justice will be served thereby.

 In line with the foregoing, PAO lawyers should extend legal assistance to an

applicant who is indigent and whose case is meritorious.

Sec. 2. Merit Test. – A case shall be considered meritorious if an assessment of

the law and evidence on hand discloses that the legal services of the office will

assist, or be in aid of or in the furtherance of justice, taking into consideration the

interests of the party and those of society. In such cases, the PAO lawyer should

agree to represent the party concerned. A contrario, a case is deemed

unmeritorious if it appears that it has no chance of success, or is intended merely

to harass or injure the opposite party or to work oppression or wrong. In such

situation the PAO lawyer must decline t he case.

A PAO lawyer may represent an indigent client even if his cause of action is

adverse to a public officer, government office, agency or instrumentality provided

the case is meritorious. Caution should, however, be exercised that the office be

not exposed to charges of harassment, unfairness or haste in the filing of suits. In

criminal cases, the accused enjoys the constitutional presumption of innocence

until the contrary is proven, hence cases of defendants in criminal actions are

considered meritorious.

Sec. 3. Indigency Test. – Taking into consideration recent surveys on the

amount needed by an average Filipino family to (a) buy its “food consumption

basket” and (b) pay for its household and personal expenses, the following shall

be considered indigent persons:

1. Those residing in Metro manila whose family income does not exceed

P14,000.00 a month;

2. Those residing in other cities whose family income does not exceed

P13,000.00 a month; and

 3. Those residing in all other places whose family income does not exceed

P12,000.00 a month (As amended by MC No. 2, Series of 1998 dated

August 25, 1998)

The term “family income” as herein employed shall be understood to

refer to the gross income of the litigant and that of his or her spouse, but

shall not include the income of the other members of the family. For

purposes of this Section, ownership of land shall not per se constitute a

ground for disqualification of an applicant for free legal assistance in view

of the ruling in Juan Enage vs. Victorio Ramos, et. al. (G.R. No. L-22109,

January 30,k 1970) that the determinative factor for indigency is the

income of the litigant and not his ownership of real property.

PAO lawyers and personnel shall exercise extra care in ascertaining the

financial condition of applicants in order to ensure that only those qualified shall

be extended free legal assistance by requiring the applicant to submit any of the

following proofs of indigency:

1. Latest Income Tax Return;

2. Certificate of Indigency form the DSWD having jurisdiction over the residence

of the applicant; or

3. Certificate of Indigency form the Barangay Cahirman having jurisdiction over

the residence of the applicant (As amended by M.C. No. 12, series of 2001, dated

April 23, 2001)

PAO lawyers may accept or handle cases provisionally pending verification of

the applicant’s indigency and an evaluation of the merit of his case. 1. Where a

warrant for the arrest of the applicant has been issued; 2. Where a pleading has to

be filed immediately to avoid adverse effects to the applicant 3. Where an appeal

or petition for certiorari or prohibition has to be perfected or filed immediately;

(Sec4, Memorandum Circular No. 18 Series of 2002)

 Where the PAO lawyer is appointed by the court as counsel de oficio to

represent the defendant during the trial of the case, provided, however, that if a

subsequent investigation discloses that the client is indigent, the lawyer should

respectfully request the court to relieve him;

Where the PAO lawyer is designated on the spot as counsel de oficio for the

purpose only of arraignment, pre-trial or the promulgation of the decision; and

Other similar urgent cases Sec. 5. Persons Qualified for Assistance Pursuant to

MOAs and DOJ Directives. – The following are qualified for legal assistance by

virtue of agreements entered into with other government offices, directives from

the Department of Justice, and special laws.

The Code of Professional Responsibility

Which governs the conduct and moral compass of a lawyer also provides

Canon 14, that a Lawyer shall not refuse his services to the needy. A lawyer shall

not decline, except for serious and sufficient cause, an appointment as counsel de

officio or as amicus curiae, or a request from the Integrated Bar of the Philippines

or any of its chapters for rendition of free legal aid. (Canon 20 Rule 14.02 )

A lawyer may not refuse to accept representation of an indigent client except

if: (a) he is not in a position to carry out the work effectively or competently; (b)

he labors under a conflict of interest between him and the prospective client or

between a present client and the prospective client. That a lawyer who accepts

the cause of a person unable to pay his professional fees shall observe the same

standard of conduct governing his relations with paying clients. (Under Canon 20

Rule 14.03)

The lawyer shall not borrow from his client unless the client’s interest are fully

protected by the nature of the case or by independent advice. Neither shall lawyer
lend money to a client except, when the interest of justice, he has to advance

necessary expenses in a legal matter he is handling for the client such as filing

fees, stenographer’s fees for transcript of stenographic notes, cash bond or

premium for surety bond and any other matter that he is handling for the client

(Rule 16.04, CPR)

II. DISCUSSION

The Public Attorney’s Office and the Integrated Bar of the Philippines are

governed by their own set of rules and regulations with regards to the handling

of Pro Bono cases, however, Private Practitioners are governed by the Code of

Professional Responsibility. The Code of Professional Responsibility holds

authority over the ethical conduct of lawyers which is guided by their four-fold

duties to their clients, the courts, their colleagues and the legal profession. In

addition to the adherence to the Code, one essential requisite in being a good

lawyer is the continuing legal requirement of possessing moral uprightness.

The researchers in this study pondered on how far can a Pro Bono lawyer

go in fighting for their client’s cause. Upon further inquiry, one news article

caught their attention, it was a news about the killing of a human rights lawyer

under the headline “Not just pro bono but ‘abono,’” which tells the story of Atty.

Benjamin Ramos, Jr. Ramos ,the slain secretary-general of the provincial

branch of the National Union of People's Lawyers (NUPL), a group that

provides pro bono legal services to ordinary Filipinos who can ill-afford to

engage legal counsel due to poverty. He also co-founded the nonprofit

Paghida-et sa Kauswagan Development Group and had been assisting the

families of nine sugarcane workers slain in Sagay, Negros Occidental, in late

October. He was a staunch human rights advocate who readily provided legal

services to embattled activists, farmers fighting for land rights, and victims of

human rights violations. Atty. Ramos was shot dead on Nov. 6, 2018 in front of

a convenience store at Kabankalan City in Negros Occidental who his family

and colleagues believe to have been ordered by big landowners and people

who have vilified him as a communist rebel are behind his murder. Atty. Ramos

was was not only a pro bono lawyer but an ‘abono’ lawyer,” because he not

only offered free legal services but also spent his own money in representing

his clients or would only ask for “native coffee without sugar” to go with his

Camel cigarettes.5

The death of Atty. Benjamin Ramos, Jr. may seem shocking to the senses

as he was remembered by a lot as someone who was always willing to extend

a helping hand not only by giving out Pro Bono cases but by encouraging the

oppressed and unfortunate to fight for their rights and by giving them

paralegal training. Nevertheless, Atty. Ramos’ killing is not an isolated case, he

is the 34th to be killed under the current administration and surely not the last.

It just shows that Pro Bono lawyers who are willing to fight for the rights of the

underprivileged are beginning to become endangered species.

III. CONCLUSION

The researchers conclude that Pro bono cases are given as a requirement

for new lawyers and aids in bridging the disparity between the privileged and

the oppressed. However, for a number of them, like the 34 slain lawyers who

died fighting for the rights and welfare of their clients who were mostly the

5
https://newsinfo.inquirer.net/1054819/negros-farmers-bury-slain-rights-lawyer#ixzz5jc2noDeo
disadvantaged and voiceless in the Philippines, they are the real unsung

heroes. They are the proof that some good still exists in this world and that the

legal profession will always be a noble profession for the ones who are morally

upright.

Lastly, to be on the safe side of practicing the legal profession, lawyers

shall advance only necessary expenses in a legal matter he is handling for the

client such as filing fees, stenographer’s fees for transcript of stenographic notes,

cash bond or premium for surety bond and any other matter that he is handling

for the client.