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In Re IBP
In Re IBP
FACTS:
In September 1971, Congress passed House Bill No. 3277 entitled "An Act Providing for the Integration of the Philippine
Bar, and Appropriating Funds Therefor."
A petition was filed before the SC to formally pray the Court to order the integration of the Philippine Bar, after due hearing,
giving recognition as far as possible and practicable to existing provincial and other local Bar associations.
Reports of the Commission
o Integration of the Philippine Bar means the official national unification of the entire lawyer population of the
Philippines. This requires membership and financial support (in reasonable amount) of every attorney as conditions
sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court.
o The term 'Bar' refers to the collectivity of all persons whose names appear in the Roll of Attorneys. An Integrated
Bar (or Unified Bar) perforce must include all lawyers.
o Complete unification is not possible unless it is decreed by an entity with power to do so: the State. Bar integration,
therefore, signifies the setting up by Governmental authority of a national organization of the legal profession based
on the recognition of the lawyer as an officer of the court.
It has been variously argued that in the event of integration, Government authority will dominate the Bar; local Bar
associations will be weakened; cliquism will be the inevitable result; effective lobbying will not be possible; the Bar will
become an impersonal Bar; and politics will intrude into its affairs.
ISSUE: Does the Court have the power to integrate the Philippine Bar? YES
RULING:
The Court is of the view that it may integrate Philippine Bar in the exercise of its power, under Article VIII, Sec. 13 of (he
Constitution, "to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the
practice of law." Indeed, the power to integrate is an inherent part of the Court's constitutional authority over the Bar. In
providing that "the Supreme Court may adopt rules of court to effect the integration of the Philippine Bar," Republic Act
6397 neither confers a new power nor restricts the Court's inherent power, but is a mere legislative declaration that the
integration of the Bar will promote public interest or, more specifically, will "raise the standards of the legal profession,
improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively.
RULING:
Courts have inherent power to supervise and regulate the practice of law.
The practice of law is not a vested right but a privilege; a privilege, moreover, clothed with public interest, because a lawyer
owes duties not only to his client, but also to his brethren in the profession, to the courts, and to the nation; and takes part in
one of the most important functions of the State, the administration of justice, as an officer of the court. It is fair and just that
the exercise of that privilege be regulated to assure compliance
No organized body can operate effectively without incurring expenses; therefore, it is fair and just that all attorneys be
required to contribute to the support.
Integration does not make a lawyer a member of any group of which he is not already a member. He became a member of the
Bar when he passed the Bar examinations. All that integration actually does is to provide an official national organization.
Bar integration does not compel the lawyer to associate with anyone. He is free to attend or not attend the meetings of his
Integrated Bar Chapter or vote or refuse to vote in its elections as he chooses. The only compulsion to which he is subjected
is the payment of annual dues.
Such compulsion is justified as an exercise of the police power of the State.
For the Integrated Bar to use a member's dues to promote measures to which said member is opposed, would not nullify or
adversely affect his freedom of speech. The conscientious objector, if his liberties were to be thus extended, might refuse to
contribute taxes in furtherance of war or of any other end condemned by his conscience as irreligious or immoral.
They will receive benefits they have not heretofore enjoyed, and discharge their public responsibilities in a more effective
manner
ISSUE: Should the Court ordain the integration of the Bar at this time? YES
RULING:
None of the abuses or evils feared (mentioned in the last bullet of facts) has arisen.
the national poll recently conducted by the Commission in the matter of the integration of the Philippine Bar, of a total of
15,090 lawyers from all over the archipelago who have turned in their individual responses, 14,555 (or 96.45 per cent) voted
in favor of Bar integration, while 378 (or 2.51 per cent) voted against it, and 157 (or 1.04 per cent) are non-committal. In
addition, a total of eighty (80) local Bar associations and lawyers' groups all over the Philippines have submitted resolutions
and other expressions of unqualified endorsement and/or support for Bar integration, while not a single local Bar association
or lawyers' group has expressed opposition thereto.
DISPOSITION: ACCORDINGLY, the Court, by virtue of the power vested in it by Section 13 of Article VIII of the Constitution,
hereby ordains the integration of the Bar of the Philippines in accordance with the attached COURT RULE, effective on January 16,
1973.
NOTES:
RULE 139-A
o Elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge
its public responsibility more effectively.
o The Philippines is hereby divided into nine Regions of the Integrated Bar.
o Where his office or, in the absence thereof, his residence is located.
o Each Chapter shall have its own local government as provided for by uniform rules to be prescribed by the Board of
Governors and approved by the Supreme Court.
o The Integrated Bar shall have a House of Delegates of not more than one hundred twenty members who shall be
apportioned among all the Chapters as nearly as may be according to the number of their respective members, but
each Chapter shall have at least one Delegate.
o The term of the office of Delegate shall begin on the date of the opening of the annual convention of the House and
shall end on the day immediately preceding the date of the opening of the next succeeding annual convention. No
person may be a Delegate for more than two terms.
o The House shall hold an annual convention at the call of the Board of Governors at any time during the month of
April of each year for the election of Governors.
o The Integrated Bar shall be governed by a Board of Governors. Nine Governors shall be elected by the House of
Delegates from the nine Regions on the representation basis of one Governor from each Region.
o The members of the Board shall hold office for a term of one year from the date of their election and until their
successors shall have been duly elected and qualified. No person may be a Governor for more than two terms.
o The Board shall meet regularly once every three months.
o The Board shall adopt By- Laws and promulgate Canons of Professional Responsibility for all members of the
Integrated Bar.
o The Integrated Bar shall have a President and an Executive Vice President who shall be chosen by the Governors
immediately after the latter's election, either from among themselves or from other members of the Integrated Bar,
by the vote of at least five Governors.
o No Delegate or Governor and no national or local Officer or committee member shall receive any compensation,
allowance or emolument from the funds of the Integrated Bar.
o The Board of Governors shall administer the funds of the Integrated Bar and shall have the power to make
appropriations and disbursements therefrom.
o This Rule shall take effect on January 16,1973.