Tuesday, May 13, 2014

BY-LAWS OF THE INTEGRATED BAR OF THE PHILIPPINES

BY-LAWS OF THE INTEGRATED BAR OF THE PHILIPPINES 

ARTICLE I (Sections 1 to 17) GENERAL PROVISIONS

SECTION 1. Name. – The national organization of lawyers created on January 16, 1973 under Rule of Court 139-A (hereinafter designated as the Integration Rule) and constituted on May 4, 1973 into a body corporate by Presidential Decree No. 181 shall be known as the Integrated Bar of the Philippines.
SEC.2. Objectives and Purposes. – The following are the general objectives of the Integrated Bar: to elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively. The purposes of the Integrated Bar include, without being limited to, those specified in the per curiam Resolution of the Supreme Court dated January 9, 1973 ordaining the integration of the Philippine Bar, to wit:
(1) Assist in the administration of justice;
(2) Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct;
(3) Safeguard the professional interest of its members;
(4) Cultivate among its members a spirit of cordiality and brotherhood;
(5) Provide a forum for the discussion of law, jurisprudence, 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; and
(7) Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon.
SEC.3. Powers, prerogatives, functions, duties, and responsibilities. – The powers, prerogatives, functions, duties and responsibilities of the Integrated Bar, its Chapters 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 perpetual succession 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 special 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 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.
All donations or contributions which may be made by private entities or persons to the Integrated Bar shall be exempt from income and gifts taxes, and the same shall further be deductible in full and shall not be included for purposes of computing the maximum amount deductible under Section 30, paragraph (h), of the National Internal Revenue Code, as amended.
All taxes, charges and fees that may be paid by the Integrated Bar or any of its Chapters to the Government or any political subdivision or instrumentality thereof shall be refundable annually to the former for the period extending up to December 31, 1978.
SEC. 4. Non-political Bar. – The Integrated Bar is strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof.
SEC. 5. Positions honorary. – Except as may be specifically authorized or allowed by the Supreme Court, no national or local officer, or committee or commission member shall receive any compensation, allowance or emolument from the funds of the Integrated Bar for any service rendered therein, or be entitled to reimbursement for any expense incurred in the discharge of his functions.
SEC. 6. National office. – The national office of the Integrated Bar shall be in the Greater Manila Area.
SEC. 7. Seal and emblem. – The seal and the emblem of the Integrated Bar, as adopted by the Board of Governors, shall be kept at its national office.
SEC. 8. Notices and processes. – Service of all notices and processes intended for the Integrated of the Philippines shall be made upon its Secretary or other authorized representative at its national office.
Except as otherwise provided in these By-Laws, any notice to be served upon a member of the Integrated Bar shall be deemed given when deposited in the mail, postage fully prepaid, and addressed to such member at his last known office or resident address appearing in the records or membership roll of the national office or the Chapter concerned.
Notice to the general membership may be given by mail, by publication in the Journal of the Integrated Bar or as otherwise directed by the Board of Governors.
SEC. 9. Officer defined. – The term “officer” as used in these By-Laws shall include, but not necessarily be limited to, the following: President, Executive Vice President, Governors, Secretary, Treasurer and other national officers of the Integrated Bar, officers and members of the House of Delegates, Chapter officers and directors, commissioners, and members of all national and local committees.
Only members in good standing may become officers, and unless otherwise provided in these By-Laws, no person who is not a member of the Integrated Bar may become an officer.
SEC. 10. 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. 11. Vacancies. – Except as otherwise provided in these By-Laws, whenever the term of an office or position, whether elective or appointive, is for a fixed period, the person chosen to fill the vacancy therein shall serve only for the unexpired portion of the term.
SEC. 12. Non-answerability of the Integrated Bar. – In the absence of a showing of malice, fraud, bad faith or negligence, the Integrated Bar, its national officers and Governors, the officers and members of the House of Delegates, all of the Chapters and the officers thereof, commissioners, and all committees national and local, and the members thereof, shall not be answerable for any damage incident to any complaint, charge, investigation, prosecution, proceeding, trial, decision, resolution, recommendation, or action had, made, done or taken under the authority of these By-Laws.
SEC. 13. Malfeasance, misfeasance, nonfeasance. – Notwithstanding the provisions of the next preceding section, the Board of Governors may motu proprio or upon the relation of any person, inquire into any malfeasance, misfeasance or nonfeasance committed by any member of the Integrated Bar or of any of its Chapters, and, after due hearing, take whatever action it may deem warranted. Such action may include his suspension or removal from any office of the Integrated Bar or of its Chapters held by such erring member, as well as recommendation to the Supreme Court for his suspension from the practice of law or disbarment.
The IBP Chapter shall remit to the National Office the membership dues, net of chapter share, and the applicable building fund assessment collected by it within forty-five (45) days from receipt thereof, otherwise, the President and the Treasurer shall be subject to administrative sanction as may be determined by the Board of Governors. (As amended pursuant to Bar Matter No. 668)
SEC. 14. Prohibited acts and practices relative to elections. – The following acts and practices relative to the elections are prohibited, whether committed by a candidate for any elective office in the Integrated Bar or by any other member, directly or indirectly, in any form or manner, by himself or through another person:
(a) Distribution, except on election day, of election campaign material;
(b) Distribution, on election day, of election material other than a statement of the biodata of a candidate on not more than one page of a legal size sheet of paper; or causing distribution of such statement to be done by persons other than those authorized by the officer presiding at the elections;
(c) Campaigning for or against any candidate, while holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision, agency or instrumentality thereof;
(d) Formation of tickets, single slates, or combinations of candidates, as well as the advertisement thereof;
(e) For the purpose of inducing or influencing a member to withhold his vote, or to vote for or against a candidate, (1) payment of the dues or other indebtedness of any member; (2) giving of food, drink, entertainment, transportation or any article of value, or any similar consideration to any to any person; or (3) making a promise or causing an expenditure to be made, offered or promised to any person.
SEC.15. Supreme Court observer. – The Supreme Court may designate an official observer at any election of the Integrated Bar whether national or local.
SEC. 16. Voluntary Bar associations. – All voluntary Bar associations now existing or which may hereafter be formed may co-exist with the Integrated Bar but shall not operate at cross-purposes therewith nor against any policy, act, resolution or decision thereof.
SEC. 17. Rules of Court suppletory. – Whenever applicable, the Rules of Court shall be suppletory to these By-Laws.

ARTICLE II (Sections 18 to 22) MEMBERSHIP

SEC. 18. Membership. – The following persons are, automatically and without exception, members of the Integrated Bar of the Philippines:
(a) All lawyers whose names were in the Roll of Attorneys of the Supreme Court on January 16, 1973; and
(b) All lawyers whose names were included or are entered therein after the said date.
SEC.19. Registration. – Unless he has already previously registered, every member heretofore admitted to the practice of law shall, not later than December 31, 1974, register in the Integrated Bar as hereunder required, at the national office or at the office of his Chapter.
Every person admitted to the practice of law after these By-Laws become effective shall register in like manner not later than sixty days after such admission.
Registration shall be accomplished by signing and filing in duplicate the prescribed registration form containing such information as may be required by the Board of Governors, including the following:
(a) Full name, sex and civil status;
(b) Month, date, year and place of birth;
(c) Office address(es);
(d) Residence address(es);
(e) Occupation(s) or employment;
(f) Name of law school and year of graduation;
(g) Year of admission to the Bar; and
(h) Field(s) of specialization in law, if any.
It shall be the duty of the Secretary of every Chapter to promptly forward a copy of each accomplished registration form to the national office.
Every change after registration in respect to any of the matters above specified shall be reported within sixty (60) days to the chapter Secretary, who shall in turn promptly report the change to the national office.
Unless he otherwise registers his preference for a particular Chapter, a lawyer shall be considered a member of the Chapter of the province, city, political subdivision or area where his office or, in the absence thereof, his residence is located. In no case shall any lawyer be a member of more than one Chapter.
SEC.20. Members in good standing. – Every member who has paid all membership dues and all authorized special assessments, plus surcharges owing thereon, and who is not under suspension from the practice of law or from membership privileges, is a member in good standing.
SEC.21. Voluntary termination of membership; reinstatement. – A member may terminate his membership by filing a verified notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith, he shall cease to be a member and his name shall be stricken from the Roll of Attorneys.
Reinstatement may be made in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court, provided any written application for reinstatement must be filed with the Board, which shall, within fifteen (15) days from receipt, forward the same to the Court with its appropriate recommendation.
SEC.22. Retirement, reinstatement. – Any member in good standing who shall have attained the age of seventy-five years, or shall have been forty years a lawyer, or who shall, by reason of physical disability or judicially adjudged mental incapacity, be unable to engage in the practice of law, may be retired from the Integrated Bar upon verified petition to the Board of Governors. Retired members shall not practice law or be required to pay dues.
A retired member may be reinstated to active membership upon written application to and approval by the Board.
The Board shall make periodic reports of retirement and reinstatement of members to the Supreme Court.

ARTICLE III (Sections 23 to 25) DUES

SEC.23. Membership dues. – On or before the 31st day of December, every member of the Integrated Bar shall pay annual dues for the ensuing fiscal year in the amount of FIVE HUNDRED PESOS at the National Office or at the office of his Chapter, to take effect on January 1, 1995. (As amended pursuant to Bar Matter No. 668)
Membership dues shall be apportioned as follows: Chapter share, Php200.00; General Fund, Php150.00; Welfare Fund Php40.00; Legal Aid Php20.00; Bar Discipline, Php20.00; and IBP Journal Php70.00. (As amended pursuant to Bar Matter No. 668)
Subject to approval by the Supreme Court, the Board of Governors may increase the annual membership dues, or modify the apportionment thereof. (As amended on January 30, 1992)
Pursuant to Bar Matter No. 616, the Supreme Court approved the proposal to increase the membership dues from Php500.00 to Php1,000.00 starting the year 2000 of which 60 per cent shall be alloted for the National Office while 40 per cent shall go to the chapters. (Supreme Court Resolution dated February 1, 2000)

THE IBP LIFE MEMBERSHIP PLAN

(Pursuant to Supreme Court Resolution dated August 20, 1996, the life membership fee was increased to Php8,500.00 effective January 1, 1997.)
A member of the IBP may apply for life membership therein by filing an application there for directly with the national office or through the appropriate chapter under the following terms:
(1) That the member shall be in good standing as provided for under Section 20, Article II of these By-Laws at the time he files his application for life membership;
(2) That he pays to the national office his life membership fee in the sum of FIVE THOUSAND PESOS (Php5,000.00) and
(3) That he abides by the rules and regulations promulgated by the Integrated Bar of the Philippines implementing the life membership plan.
Upon payment of the life membership fee of FIVE THOUSAND PESOS (Php5,000.00), the member shall be enrolled in the Roll of Life Members to be prepared by and kept in the Office of the Treasurer of the Integrated Bar of the Philippines. He shall be issued a certificate of life membership to be signed by the national president and attested by the National Secretary.
The life membership fee of FIVE THOUSAND PESOS (Php5,000.00) shall be deposited in a reputable banking institution chosen by the Board of Governors, Integrated Bar of the Philippines, as a perpetual trust fund which shall earn interest at the best possible rate per annum.
Only the annual income of the life membership trust fund shall be available for expenditure of the IBP and shall be applied as follows:
(1) To the payment of the life member’s annual dues as provided in Section 23, Article III of these By-Laws;
(2) Fifty percent of the balance of the income, if any, shall be automatically appropriated for the operational expenses of the Committee on Bar Discipline, including the salaries of the national investigators or commissioners and the staff of the Committee;
(3) The other fifty percent of the balance, if any, shall be deposited as part of the life membership trust fund.
Any life member, whose membership in the IBP terminates by retirement or for any other cause, shall cease to be a life member of the Integrated Bar of the Philippines. (As amended pursuant to Supreme Court Resolution dated October 27, 1992)
All lawyers shall indicate in all pleadings, motions and papers signed and filed by them in any court in the Philippines – and in the case of government lawyers, in all official documents issued by them – the number and date of their official receipt indicating payment of their annual membership dues to the Integrated Bar of the Philippines for the current year, or in the case of life members, their life membership roll number. (As amended pursuant to Bar Matter No. 668)
SEC.24. Effect of non-payment of dues. – Except for the fiscal year 1974-1975, any member who has not paid his membership dues for any given fiscal year on or before the last day (June 30) of the immediately preceding fiscal year shall be considered a dues – delinquent member. For the fiscal year 1974-1975 any member who has not paid the annual dues on or before November 30, 1974 shall be considered dues delinquent. If the delinquency continues until the following December 31, the Board of Governors shall by Resolution forthwith suspend all his membership privileges other than the practice of law. A copy of such resolution shall be sent by registered mail to the member and to the secretary of the chapter concerned. The Board shall promptly inquire into the cause or causes of the delinquency and take whatever action it shall deem appropriate, including a recommendation to the Supreme Court for the suspension of the delinquent member from the practice of law.
Should the delinquency further continue until the following June 29, the Board shall promptly inquire into the cause or causes of the continued delinquency and take whatever action it shall deem appropriate, including a recommendation to the Supreme Court for the removal of the delinquent member’s name from the Roll of Attorneys. Notice of the action taken shall be sent by registered mail to the member and to the Secretary of the Chapter concerned.
Whenever a delinquent member makes full payment of the membership dues owing, plus a sum equivalent to 10 percent thereof, such fact shall without delay be reported to the Board, which shall take such action as may be warranted.
A member whose name is removed from the Roll of Attorneys pursuant to the provision of this Section may apply for reinstatement under the provisions of the second paragraph of Section 21 (Voluntary termination of membership; reinstatement)
SEC.25. Remission or lifting of sanctions. – The Board of Governors may, for justifiable reasons, remit or lift sanctions already imposed, and authorize the retroactive reinstatement of the member concerned. However, sanctions imposed or approved by the Supreme Court may be remitted or lifted only by the Court.

ARTICLE IV (Sections 26 to 29) CHAPTERS

SEC.26. 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 political subdivisions or areas:
(a) The sub-province of Aurora;
(b) Each congressional district of the City of 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, and Basilan 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 shall 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.27. Coordination of Chapter activities. – The Board shall coordinate and supervise the activities of all the Chapters for purposes of promoting maximum lawyer participation in Integrated Bar affairs, and effective administration and operation of the organization.
SEC.28. Chapter local government. – Each Chapter shall have its own government.
SEC.29. Uniform by-laws. – Every Chapter shall strictly observe the following by-laws, but the Board of Officers of any Chapter may submit for consideration and action by the Board of Governors such additional provisions as may be demanded by local conditions.


INTEGRATED BAR OF THE PHILIPPINES CHAPTER BY-LAWS

SECTION 1. Objectives and Purposes. – 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.
SEC. 2. Membership. – The Chapter comprises all members registered in its membership roll. Each member shall maintain his membership until the same is terminated on any of the grounds set forth in the By-Laws of the Integrated Bar, or he transfers his membership to another chapter as certified by the Secretary of the latter, provided that the transfer is made not less than three months immediately preceding any Chapter election.
SEC. 3. Membership dues and special assessments. – Every member of the Integrated Bar registered in the chapter shall pay annual membership dues as prescribed by the By-Laws of the Integrated Bar or by the Board of Governors, subject to the sanctions that maybe imposed in case of delinquency. Special assessments for specific purposes as may be required may be imposed, and non-payment thereof shall be subject to the same sanctions provided for non-payment of dues; Provided, that the total amount for special assessments in any given fiscal year shall not exceed the amount of the annual dues. If a special assessment does not exceed Php25.00, the same may be made effective immediately. If in excess of Php25.00, a special assessment shall not become effective until approved by the written vote of the majority of all the members. Special assessments shall remain effective unless revoked or amended by the majority of all the members at a special meeting called for the purpose in accordance with Section 4 (Chapter meetings) hereof.
SEC. 4. Chapter meetings. – The Chapter annual meeting shall be held on the last Saturday of February at such time and place as the Board of Officers shall designate. Special meetings may be called by the President, and shall be called upon the written request of five members of the Board of Officers or of at least thirty percent of the entire membership. Written notice of any meeting shall be mailed by the Secretary to each member, at his last known address, at least 30 days prior to the meeting. The Board of Officers shall take such measures as may be necessary to ensure the attendance of all members at all meetings.
At any annual or special meeting, the members present shall constitute a quorum for the transaction of business.
SEC. 5. Board of Officers. – The government of the Chapter is vested in a Board of Officers composed of a President, a Vice President, a Secretary, a Treasurer, an Auditor, a Public Relations Officer and five Directors, who shall be elected at the biennial meeting and shall hold office for a term of two years from the first day of April next following their election and until their successors shall have been duly chosen and qualified. (As amended pursuant to Bar Matter No. 668)
In addition to the elected officers, the immediate Past-President shall ipso facto become an ex-officio (non-voting) member of the Board of Directors. As amended pursuant to Bar Matter No. 1049) The President and Vice President shall be chairman and vice chairman, respectively.
In case of any permanent vacancy in the Board of Officers, except that of President which shall be filled by the Vice President, the Board shall elect a successor to serve for the unexpired portion of the term. In case of a temporary vacancy that affects the quorum of the Board, the remaining members of the Board shall elect a temporary replacement. Any member of the Board may be removed for cause, including three consecutive absences from Board meetings without justifiable excuse, upon resolution adopted by the majority of the remaining members of the Board at a regular meeting. Within ten days from receipt of the resolution, the aggrieved party may appeal to the Board of Governors, whose decision shall be final.
SEC. 6. Meeting of the Board of Officers. – Regular monthly meetings shall be held by the Board of Officers on such date and at such time and place as it shall designate. Special meetings may be called by the President, and shall be called upon the written request of five members of the Board. Five members of the Board shall constitute a quorum.
SEC. 7. Duties of officers.
(a) President. – The President shall be the chief executive of the Chapter. He shall preside at all Chapter meetings and at all meetings of the Board of Officers.
(b) Vice President. – The Vice President shall perform the duties 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.
(c) Secretary. – The Secretary shall attend all meetings of the Board of 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.
(d) Treasurer. – The 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 latter’s 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.
SEC. 8. Delegates. – The President shall concurrently be the Delegate of the Chapter to the House of Delegates. The Vice President shall be his alternate, unless the chapter is entitled to have more than one Delegate, in which case the Vice President shall also be a Delegate. Additional Delegates and alternates shall in proper cases be elected by the Board.
SEC. 9. Annual budget. – The Board shall adopt an annual budget. No disbursement shall be made except in accordance therewith.
SEC. 10. Audit. – Audit of all Chapter funds, accounts, receipts and disbursements shall be in accordance with rules and regulations prescribed by the Board of Governors.
SEC. 11. Committees. – The President shall, with the concurrence of the majority of the Board of Officers, appoint the following standing committees: a committee on legal aid and committee on legislation. The Board may create such other committees as may be necessary.
The members of all committees shall serve for a term of one year, and until their respective successors shall have been duly appointed and qualified. It shall be the duty of the committee on legal aid to establish legal aid bureaus for deserving poor litigants and set up lawyer referral services. It shall be the duty of the committee on legislation to consider and propose any legislation relating to substantive and remedial law.
SEC. 12. Rules governing elections. – The following rules shall govern elections:
(a) Date and place of elections. – Elections of Officers and Directors shall be held on the last Saturday of February every other year at such time and place as the Board shall designate, which shall be stated in the notice to be sent to every member by personal delivery or by mail not less than thirty days prior to the elections.
(b) Responsibility for the elections. – The preparation of all election paraphernalia, the setting up of registration and canvassing committees, and all other matters relating to the elections, shall be the responsibility and shall be under the supervision and control of the President.
(c) Voters’ list. – Not earlier that twenty-five days nor later that fifteen days prior to the elections, the Secretary shall submit to the Board of Officers a list of the names of all the members entitled to vote. The voters’ list shall then remain closed and shall not be altered except upon direction of the Board. However, it shall be open to inspection by all members, and, upon request, copies thereof shall be furnished to any member upon payment of actual cost.
Any member who is delinquent in the payment of dues or any assessment, including surcharges owing, twenty-five days prior to the day of the elections, shall be excluded from the voters’ list.
(d) Violation. - Any violation of the rules governing elections or commission of any of the prohibited acts and practices defined in Section 14 (Prohibited acts and practices relative to elections) of the By-Laws of the Integrated Bar shall be a ground for the disqualification of a candidate or his removal from office if elected, without prejudice to the imposition of sanctions upon any erring member pursuant to the By-Laws of the Integrated Bar.
(e) Election campaign material. – No election campaign material other than a statement of the biodata of the candidate or aspirant on not more than one page of a legal size sheet of paper shall be allowed, and distribution thereof shall be made only on the day of elections and only by persons authorized by the officer presiding at the elections.
(f) Eligibility. – No member may be elected to any office whose name is not duly included in the voters’ list, or who is disqualified by the Integration Rule, by the By-Laws of the Integrated Bar, or by these by-laws.
(g) Nomination of candidates. - Any eligible member may, upon his written consent, be nominated to any office: Provided, that no member may be a candidate for more than one office. Every nomination shall be made orally by a member other than the nominee and shall be limited to a statement of the full name of the nominee. No member who is not personally present at the election meeting may be nominated. No nomination other than on the floor shall be allowed. In no case shall any nomination or campaign speech be permitted.
(h) Disqualification proceedings. – Any question relating to the eligibility of a candidate must be raised prior to the casting of ballots, and shall be immediately decided by the presiding officer. An appeal from such decision maybe taken to the members in attendance who shall forthwith resolve the appeal by plurality vote. Voting shall be by raising of hands. The decision of the members shall be final, and the elections shall thereafter proceed. Recourse to the Board of Governors may be had in accordance with Section 13 (Election contest) hereof.
(i) Voting. - Voting for Officers and Directors shall be by secret ballot. Official ballots shall be provided for the purpose. Voting by proxy shall not be allowed.
(j) Canvassing of ballots. – The presiding officer shall organize as many committees as are they necessary composed of three non-candidates each, which shall canvass all votes cast in the elections immediately after the last ballot shall have been cast. Canvassing, when started, shall be continuous until finished and shall be within the view and observation of as many members as possible. In the reading of the ballots, the rules embodied in the general election law shall be followed. The chairman and members of each committee shall certify to the correctness of the tally made by them.
(k) Certification of election results. – Elections shall be determined by plurality vote. Any tie vote shall be broken by drawing of lots. The presiding officer, immediately after all the votes have been canvassed and tallied and the results announced by him, shall transmit the results of the elections to the President of the Integrated Bar by the fastest means of communication, to be followed by a confirmatory certificate of the said results bearing the names of all elected officers, their respective addresses and the respective offices to which they were elected, together with all the ballots and tally sheets in a separate sealed envelope or envelopes.
SEC. 13. Election contests. – Any member desiring to contest an election shall, within three days after election day, file with the Board of Governors a written protest setting forth the grounds therefor. The decision of the Board thereon shall be final.
SEC. 14. Rules and regulations. – The Chapter may adopt such rules and regulations as it shall see fit, including a minimum attorney’s fees schedule, not inconsistent with these by-laws, the By-Laws of the Integrated Bar, and the Integration Rule.
All rules and regulations shall be binding upon all members of the Integrated Bar who render legal services of any kind within the territorial boundaries of the Chapter.
SEC. 15. Minimum attorney’s fees schedule. – Any minimum attorney’s fees schedule adopted shall not be construed as fixing the maximum fee or the reasonable fee to be charged in any given case or situation. Any fees schedule and all amendments thereto shall become effective immediately, but maybe modified or disapproved by the Board of Governors, and shall be filed with the Secretary of the Integrated Bar. The Secretary of the Chapter shall send copies of fees schedules and all amendments thereto to the Secretaries of all other Chapters and the Board of Governors.
SEC. 16 Claims. – Expenses incurred with the approval of the Board of Officers by committees in the performance of official duties shall be proper claims for reimbursement, subject to approval by the Board of Governors and to the provision of Section 14 of the Integration Rule and Section 5 (Positions honorary) of the By-Laws of the Integrated Bar, and to the availability of funds. All claims accompanied by the receipts accomplished in accordance with requirements prescribed by the Board of Governors shall be submitted to the Board of Officers for proper action.
Sec 17. Amendments. – These by-laws may be amended by the Board of Governors with the approval of the Supreme Court. The rules and regulations which may be adopted by the Chapter under the authority of Section 29 (Uniform by-laws) of the By-Laws of the Integrated Bar may be amended by the vote of two-thirds of the members present at a meeting called for the purpose, subject to the approval of the Board of Governors. 

ARTICLE V (Sections 30 to 36) HOUSE OF DELEGATES

SEC. 30. Composition of the House. – 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 their respective members, but each Chapter shall have at least one Delegate.
SEC. 31. Membership. – The membership of the House of shall 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 Officers of the Chapter. Members of the Board of Governors who are not Delegates shall be members ex officio of the House, without the right to vote.
SEC. 32. Term of office. – The term of office of additional and alternate Delegates shall be coterminous with that of Chapter Delegates.
SEC. 33. Annual Convention. – (a) Unless for special reasons another date is set by the Board of Governors, the House shall hold an annual convention during the moth of April of each year, at the call of the Board, at such time and place as the Board shall determine. Each Region shall be entitled to host one annual or special convention every nine years.
The convention program shall be prepared by the Board. No convention of the House of Delegates nor of the general membership shall be held prior to any election in an election year. (As amended pursuant to Bar Matter 491)
(b) The President and Executive Vice President of the IBP shall be the Chairman and Vice-Chairman, respectively, of the House of Delegates.The Secretary, Treasurer, and Sergeant-at-Arms shall be appointed by the President with the consent of the House of Delegates. (As amended pursuant to Bar Matter 491)
(c) At or prior to the annual convention, there shall be published an address by the President on the state of the Integrated Bar, a report of the proceedings, reports of officers and committees, and recommendations submitted in connection with these reports.
(d) Any matter not included in the published convention program may considered, debated or acted upon by the House, upon written petition signed by at least twenty Delegates.
(e) During the deliberations, no persons shall speak for more than five minutes or more than twice on the same matter, unless otherwise authorized by the Chairman.
(f) The House shall be a deliberative body of the Integrated Bar, and its resolutions shall bind the Integrated Bar when concurred in by the Board of Governors.
(g) At all deliberations of the House, whether in annual or special convention, the Robert’s Rules of Order shall govern.
SEC. 34. Special convention. – Special conventions of the House may be called by the Board of Governors motu proprio, or upon written petition therefor filed with the Secretary of the Integrated Bar signed by not less than thirty Delegates. The Board shall set the date, time and place for each special convention. Notice shall be given to all Delegates at least thirty days before the convention, stating the purpose and the urgency thereof as well as the business to be transacted thereat.
SEC. 35. Quorum. – The Delegates present at any session of a convention shall constitute a quorum to do business.
SEC. 36. Duties of Delegates. – The Delegates shall attend every convention of the House, promote the work of the convention, and make reports of the proceedings thereof to their respective Chapters.


ARTICLE VI (Sections 37 to 46) BOARD OF GOVERNORS

SEC. 37. Composition of the Board. – The Integrated Bar of the Philippines shall be governed by a Board of Governors consisting of nine (9) Governors from the (9) regions as delineated in Section 3 of the Integration Rule, on the representation basis of one (1) Governor for each region to be elected by the members of the 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)
SEC. 38. Term of office. – The Governors shall hold office for a term of two 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.
SEC. 39. Nomination and election of the Governors. – At least one (1) month before the national convention the delegates from each region shall elect the governor for their region, the choice of which shall as much as possible be rotated among the chapters in the region. (As amended pursuant to Bar Matter 491)
SEC. 40. Election contests. – Any nominee desiring to contest an election shall, within two days after the announcement of the results of the elections, file with the President of the Integrated Bar a written protest setting forth the grounds therefor. Upon receipt of such petition, the President shall forthwith call a special meeting of the outgoing Board of Governors to consider and hear the protest, with due notice to the contending parties. The decision of the Board shall be announced not later than the following May 31, and shall be final and conclusive.
SEC. 41. 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 convention of the House of Delegates, subject to the provisions of Section 33 (Annual convention) and 34 (Special conventions);
(b) Make appropriations and authorize disbursements 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 their duties 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) of 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 referral services throughout the Philippines;
(j) Subject to the approval of the Supreme Court, impose special assessments for specific national purposes, and impose, or recommend in proper cases to the Court the imposition of, sanctions for non-payment or delinquency in the payment 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 Presidential Decree No. 181; and
(i) Perform such other functions as may be necessary or expedient in the interest of the Integrated Bar.
SEC. 42. Meetings. - The Board shall meet regularly once a month, on such date and such time and place as it shall designate. Special meetings may be called by the President, and shall be called by him upon the written request of five members of the Board.
SEC. 43. Quorom. - Five members of the Board shall constitute a quorum to transact business. However, the Board may take action, without a meeting, by resolution signed by at least five governors, provided that every member of the Board shall have been previously apprised of the contents of the resolution.
SEC. 44. Removal of members. - If the Board of Governors should determine after proper inquiry that any of its members, elective or otherwise, has for any reason become unable to perform his duties, the Board, by resolution of the Majority of the remaining members, may declare his position vacant, subject to the approval of the Supreme Court.
Any member of the Board, elective or otherwise, may be removed for cause, including three consecutive absences from Board meetings without justifiable excuse, by resolution adopted by two-thirds of the remaining members of the Board, subject to the approval of the Supreme Court. In case of any vacancy in the office of Governor for whatever cause, the delegates from the region shall by majority vote, elect a successor from among the members of the Chapter to which the resigned governor is a member to serve as governor for the unexpired portion of the term. (As amended pursuant to Supreme Court Resolution dated March 2, 1993)
SEC. 45. Executive Committee. - There shall be an Executive Committee of not less than three Governors, the powers, functions, duties and responsibilities of which shall be as prescribed by the Board. The President shall be the chairman thereof.
SEC. 46. Urgent matters. - Should the Executive Committee consider it desirable and imperative that any matter be decided urgently by the Board, and it is not practicable or expedient for the Board to convene, the Executive Committee may, for the purpose, direct a poll of all the members of the Board on that matter, to be taken by correspondence, telegram, radiogram, cablegram, or any other expeditious means, and the effect of such a poll shall be the same as if the votes therein were cast at a regular meeting of the Board.


ARTICLE VII (Sections 47 to 51) NATIONAL OFFICERS

SEC. 47. National Officers. - The Integrated Bar of the Philippines shall have a President and Executive Vice President to be chosen by the Board of Governors from among nine (9) regional governors, as much as practicable, on a rotation basis. The governors shall 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)
The Executive Vice President shall automatically become President for the next succeeding term. The Presidency shall rotate among the nine Regions.
SEC. 48. Other officers. - Other officers and employees as the Board may require shall be appointed by the President with the consent of the Board. Such officers and employees need not be members of the Integrated Bar.
SEC. 49. Terms of office. - The President and the Executive Vice President shall hold office for a term of two years from July 1 following their election until June 30 of their second year in office and until their successors shall have been duly chosen and qualified.
In the event the President is absent or unable to act, his functions and duties shall be performed by the Executive Vice President, and in the event of the death, resignation, or removal of the President, the Executive Vice President shall serve as Acting President for the unexpired portion of the term. In the event of the death, resignation, removal or disability of both the President and the Executive Vice President, the Board of Governors shall elect an Acting President to hold office for the unexpired portion of the term or during the period of disability. Unless otherwise provided in these By-Laws, all other officers and employees appointed by the President with the consent of the Board shall hold office at the pleasure of the Board or for such term as the Board may fix.
SEC. 50. Duties of officers. - (a) President: The President shall be the chief executive of the Integrated Bar, and shall preside at all meetings of the Board of Governors.
From assumption of office and for the duration of his term, the President shall dissociate himself from any and all activities that may, in one way or another, restrict or hamper the effective exercise of his powers and performance of his functions and duties.
(b) Executive Vice President: The Executive Vice President shall exercise the powers and perform the functions and duties of the President during the absence or inabilility of the latter to act, and shall perform such other functions and duties as are assigned to him by the President and the Board of Governors.
(c) Governors: In addition to his duties as a member of the Board of Governors, each elective Governor shall act as representative of his Region in the Board. He shall promote, coordinate and correlate activities of the Chapters within his Region.
(d) Secretary: The Secretary shall attend all meetings of the Board of Governors, and keep a record of all the proceedings thereof; prepare and maintain a register of all members of the Integrated Bar; notify national officers as well as members of national committees of their election or appointment; cause to be prepared the necessary official ballots for the election of Governors; and perform such other duties as are assigned to him by these By-Laws, by the President and by the Board of Governors.
(e) Treasurer: The Treasurer shall collect, receive, record, and disburse all funds of the Integrated Bar; however, no disbursement shall be made except over his signature, countersigned by the President, or in the absence or inability of the President by the Executive Vice President, or in the absence or inability of both, by a member of the Executive Committee designated by the President. He shall render reports of receipts and disbursements as required by the Board of Governors; promptly remit to the Chapters concerned their proportionate shares in the dues and assessments paid by members directly to the national office under Section 23 (Membership dues); assist in the preparation of the annual budget; and perform such other duties as are assigned to him by these By-Laws, by the President and by the Board of Governors. He shall furnish a surety bond at the expense of the Integrated Bar, in such amount as may be required by the Board.
SEC. 51. Delegation of duties. - The functions and duties of the Secretary and the Treasurer may, in their absence or inability, be performed by assistants or employees of the Integrated Bar designated by the President.


ARTICLE VIII (Sections 52 to 67) NATIONAL COMMITTEES

SEC. 52. National Committees. - The Board of Governors shall establish and maintain standing 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 any committee to submit a special report.
SEC. 53. 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.
SEC. 54. Committee on Chapter Affairs. - This committee shall make studies of, and submit reports and recommendations on, the establishment, organization and operation of all Chapters, the apportionment and reapportionment of the seats in the House of Delegates, and the means and methods of encouraging and coordinating Chapter activities and of promoting maximum involvement and participation of the members of the Integrated Bar in the activities thereof and of their respective Chapters.
SEC. 55. Committee on Legal Aid. - This committee shall promote the establishment and efficient maintenance of Chapter legal aid organizations suited to provide free legal service; direct and supervise all Chapter legal aid organizations; maintain maximum levels of coordination and cooperation with other organizations having similar objectives; receive and solicit aid and assistance from any available and suitable source or sources, provided that the independent character of the legal aid is not impaired; and, in general, do or cause to be done all things necessary and proper for the promotion of legal aid activities, projects and objectives.
SEC. 56. Committee on Administration of Justice. - This committee shall study the organization and operation of the judicial system and recommend appropriate changes in practice and procedure to improve the efficiency thereof, and, in that connection, shall examine all proposed changes in the system.
It shall collate information and submit appropriate recommendations on judicial appointments, judicial tenure and compensation, and retirement pensions.
SEC. 57. Committee on Legal Education and Bar Admissions. - This committee shall make continuing studies of, and submit recommendations on, the curriculum and teaching methods in law schools, as well as standards and methods in law schools, as well as standards and methods in determining the qualifications of applicants for admission to the Bar, and whenever requested shall assist in the investigation of the qualifications of persons seeking admission to the Bar.
It shall formulate, and promote or co-sponsor with other groups of institutions, programs designed to afford members of the Integrated Bar suitable opportunities for acquiring, here and abroad, additional professional knowledge, training and skill.
SEC. 58. Committee on Professional Responsibility, Discipline and Disbarment. - This committee shall formulate the Canons of Professional Responsibility for adoption by the Board of Governors and approval by the Supreme Court, and submit recommendations on methods for the effective enforcement thereof as well as on appropriate amendments thereto.
It shall have authority to express advisory opinions, upon written request of any member, on any matter affecting his own professional conduct. In no case shall the opinion of the committee disclose the name of any party.
The committee may call upon any Chapter officer or Chapter committee member to exchange information as to problems arising under the Canons of Professional Responsibility and to examine grievance procedures. It shall make recommendations to the Board of Governors for reform and improvements in the said procedures.
SEC. 59. Committee on Research Services. This committee shall plan the research services of the Integrated Bar in substantive and adjective law, and, together with other institutions, promote legal research and law reform and development. It shall select areas of the law in need of general study, revision or codification; formulate plans and prepare budgets for specific research projects; assess the availability of qualified personnel to perform research work; and submit recommendations thereon. It shall periodically render progress reports on authorized projects, and provide necessary supervision for the successful completion of each project.
SEC. 60. Committee on Legislation. – This committee shall study all proposed changes in the Constitution and in statutes and laws of general interests or general application and submit reports thereon, and, with the approval of the Board of Governors, shall represent the Integrated Bar in supporting or opposing such proposals.
SEC. 61. Committee on Public Service. – This committee shall prepare and submit plans for advancing public acceptance of the objectives and purposes of the Integrated Bar, and shall execute such plans as are approved by the Board of Governors. These plans shall include arrangements for disseminating information of interest to the public in relation to the functions of the departments of government, the judicial system and the Bar; and to that end the committee may operate an information bureau and utilize the facilities of the media of public communication.
SEC. 62. Committee on Inter-Professional and Business Relations. – This committee shall maintain liaison between the legal profession and other professions as well as business groups in order to acquaint the latter on the nature and proper scope of the practice of law.
SEC. 63. Committee on Books and Publications. – This committee shall make studies of, and submit recommendations on, matters and materials for publication, and ways and means of assisting in the efficient publications of legal literature at reasonable costs, and of discouraging unnecessary publications or duplication thereof.
SEC. 64. Committee on Unauthorized Practice of Law. – This committee shall keep the Integrated Bar informed with respect to the practice of law by unauthorized persons and entities, as well as the participation therein of members of the Bar, and recommend ways and means for the elimination and prevention of unauthorized practice of law.
SEC. 65. Committee on Law Reporting. – This committee shall examine and appraise methods of reporting and disseminating legislation, presidential decrees, court decisions, the Rules of Court, and decisions of administrative tribunals and agencies, with particular emphasis on the correction of deficiencies; conduct a continuing study and evaluation of corresponding trends and reforms in other jurisdictions; and submit appropriate recommendations thereon.
SEC. 66. Public Statements. – No committee or member thereof shall publicly express any opinion or conclusion respecting the assigned functions or work of the committee without previous authorization from the Board of Governors or the Executive Committee.
SEC. 67. Finances of committees. – Every committee shall file with the Secretary of the Integrated Bar a detailed statement setting forth necessary data on the funds required in connection with its work for consideration and action by the Board of Governors. No committee shall incur any obligation payable by the Integrated Bar without the Board’s prior approval.



ARTICLE IX (Sections 68 to 75) FISCAL CONTROL

SEC. 68. Fiscal Year. – The Integrated Bar shall operate on fiscal year beginning on January 1 and ending on December 31 of each year. (As amended pursuant to Bar Matter No. 668)
SEC. 69. Budget Committee. – The President, with the approval of the Board of Governors, shall appoint a budget committee consisting of not less than three or more than five Governors, with the Executive Vice President as Chairman, whose responsibility shall be the preparation of the annual budget.
SEC. 70. Preparation and approval of the budget. – The preparation, consideration, approval and publication of the budget shall be in accordance with rules and regulations prescribed by the Board.
SEC. 71. Automatic re-enactment. – If by the end of any fiscal year the Board shall have failed to pass the budget for the ensuing fiscal year, the budget for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until a new budget is adopted by the Board.
SEC. 72. Amendments to the Budget. – The Board may from time to time amend the budget in order to provide funds for necessary expenditures: Provided, however, that the total of the increases made in the items of the budget, including new items created by such amendments, shall not exceed ten per cent of the total estimated income of the Integrated Bar for the current fiscal year. If the proposed amendments shall cause the total of the increases and the new items to exceed such limitation, the same procedure required for the adoption of the original budget shall be followed.
SEC. 73. Disbursements. – No disbursements shall be made except in accordance with the budget.
SEC. 74. Unexpended balances. – All unexpended balances of appropriations shall revert at the end of every fiscal year to the funds from which they were appropriated.
SEC. 75. Accounting and audit. – The Board shall cause books of accounts to be kept and maintained in accordance with sound accounting practices. An annual external audit of all funds, accounts, receipts and disbursement of the Integrated Bar shall be made without delay after the end of every fiscal year. A summary of such audit shall be published in the following September issue of the Journal of the Integrated Bar.


ARTICLE X
(Section 76) JOURNAL

SEC. 76. 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 of editorial consultants, and members of which shall be appointed by the President, with the consent 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.



ARTICLE XI
(Section 77) AMENDMENTS


SEC. 77. Amendments. – These By-Laws may be amended, modified or repealed by the Supreme Court motu proprio or upon the recommendation of the Board of Governors.

ARTICLE XII
(Section 78) EFFECTIVITY

SEC. 78. Effectivity. – These By-Laws shall take effect on November 1, 1974.

Integrity: A lawyer's most valuable asset Ingham County Legal News

See  - Integrity: A lawyer's most valuable asset Ingham County Legal News





"x x x.



By Jo Mathis
Legal News
 
Every semester, Cooley Law School Dean Joan Vestrand asks Washtenaw County Circuit Court Judge Archie Brown if he needs a break from teaching. And every semester Brown says no thanks.

Apparently, the students are better off for it.

“As the dean of the campus, I get to see his teaching evaluations every term, and they’re always extraordinary,” said Vestrand, speaking to a crowd last week in the Cooley auditorium. “Students feel not only is he, of course, extremely knowledgable in the areas of family law and trial skills, but students overwhelmingly say that he seems to really care about their learning and is very invested in their success. Those are very high compliments for any professor to receive.”

Brown was chosen to speak as part of the school’s Integrity in Our Communities speaker series—which features judges, attorneys, and community leaders sharing their thoughts about ethics, professionalism, and community service—because of his integrity, devotion to the law, compassion for others, and service to the community, Vestrand said.

“He’s an outstanding example of a citizen lawyer, and the kind of lawyer we want you to be,” Vestrand told the students.

In his talk, Brown defined integrity as the steadfast inherence to a strict ethical code.

“I suggest that your integrity is the most valuable asset you possess or will ever possess,” he said. “You must guard it jealously at all times because your integrity equates to your reputation.”

Brown focused on the careers of lawyers Abraham Lincoln, Charles Darrow and Louis Nizer, a trial lawyer who died in 1994 at the age of 92.
He said Lincoln believed that those considering a career in law should resolve to be honest at all events, and quoted him saying: “And if in your judgment, you cannot be an honest lawyer, resolve to be honest without being a lawyer.”

Brown said Darrow was an influential member of the ACLU and outspoken critic of any laws or individuals who encroached on civil rights.
He referred to several of Darrow’s famous trials, including the 1925-26 murder trials of African American Dr. Ossian Sweet in Detroit, whose family and friends were charged with murder while trying to defend the newly purchased Sweet home from a white mob attempting to force him out.

The all white jury was deadlocked—after an eight-hour closing argument by Darrow.  In a second trial, he whittled his closing argument to five hours, and ended in acquittal.

Brown described the lesser known Nizer as another example of a man of integrity who constantly took on unpopular causes and combatted wealthy institutions.
“He often reflected that maintaining one’s integrity required incredible courage and Ja sense of fearlessness,” he said. 
 Brown closed with a quote from Shakespeare’s Dick the Butcher, who said, as a way to start anarchy in a civil society: “The first thing we do, let’s kill all the lawyers.”

“Your charge as future lawyers,” said Brown, “is to guard your reputation and integrity zealously and develop a good moral compass such that you understand your duties and responsibilities to yourself and your loved ones, the bar, the bench and society as a whole; that as ethical professionals, you can stand up to the popular will when necessary, and do the right thing for your client as well as society.”
“My question to you is: `Will your word be your bond?’”
 

How to Lose Your Case

See - How to Lose Your Case


"x x x.

Don’t Cite Authority

If you want to lose, you don’t need to support your arguments with authority. Your judge has hired law clerks to research authority and to figure out whether it is relevant to the disputed issues. And your court has already paid for a subscription to LexisNexis or Westlaw. As an economics major, I highly value efficient research and understand why you wouldn’t want to duplicate the efforts of the clerks. After all, efficiency beats winning any day.

Argue What the Law Ought to Be, Not What It Is

Instead of citing authority, tell your judge what the law ought to be. Judges care much more about your beliefs than the plain language of a statute or the holding of a higher court. All judges and law clerks want to know whether you agree with the underlying policies of a statute — not whether the defendant violated the statute.

Trial judges especially prefer policy arguments. If you represent the state, argue that a ruling for the defendant will hinder police investigations; if you represent a defendant, state that a conviction would trample the defendant’s constitutional rights. To be sure that the judge knows that your arguments are merely opinions, hedge each argument with “I believe” or “I think” (and don’t cite a supporting case).

You might throw in “I feel” a few times, since judges and law clerks are very emotional beings.

Cite Only Non-Binding and Unpublished Cases

If you do cite authority in your motion or brief, you can save it from winning by making sure the only authority you cite is not binding on the court. One way to do this in federal court is to cite only unpublished opinions, which “are not binding precedent.” Or if you are in state court on a federal constitutional issue, only cite cases from courts within that state.

Your judge should expect his or her law clerks to do the work researching binding cases from the United States Supreme Court. Again, efficiency trumps winning.

Discuss the Facts and Holding of Every Single Case You Have Read

Economists follow the principle of non-satiation, where more of a good is preferred to less of the good. The same is true for judges and law clerks. To ensure you lose, include more cases and lengthy discussions of each case. In fact, you should probably discuss each case that you have read during your research.

Judges and clerks are more impressed with the sheer number of cases that you discuss than the actual relevance of each case. They are also impressed when the facts and holdings of the cited cases are misstated. And after you include pages and pages of case discussions in your motion, make sure it doesn’t explain how the cases apply to your issues and facts.

When Applying the Law to Your Facts, Don’t Provide Context.

Judges have only a few cases each month, allowing them to spend hours and hours scrutinizing your motion. Indeed, they often have the luxury of reading parties’ motions while lounging on the beach. As a result, you can assume that your judge has carefully read — and memorized — your statement of facts. Thus, in your argument section, you should identify the parties by name (not by defendant, plaintiff, or their legal significance) and assume that the judge recalls who did what when and to whom. Here is a good example:

Dansby presented a threat to Virginia (also called Ginny). Dansby found out where Virginia lived by accessing the computer of Vicki. The police officer stopped and searched the vehicle and found a weapon. The weapon is admissible because the search was lawful. The stop was necessary to prevent harm to Ginny.

The above example is an effective way to lose because it does not even indicate who is the defendant, whose vehicle was stopped, or why Dansby was a threat.

Don’t Use Section Headings or Topic Sentences.

Section headings and a corresponding table of contents orient the reader and outlines the arguments that will be addressed in a motion or brief. Similarly, topic sentences orient the reader and state the point of a paragraph. So if you want to lose, it is better let judges and their clerks get lost; they won’t want to see your arguments in context or understand the point of your paragraphs. They will read dispositive motions like novels, hoping to be surprised by each paragraph and each page. For example, judges and clerks expect the point of a paragraph to be stated at the end, like this one by counsel for a defendant:

The government relies on Segura v. United States, 468 U.S. 796 (1984). In Segura, the first search of defendant’s apartment was illegal, but the second search of the apartment was legal and based on a valid warrant. The second search and warrant was not based on evidence seized during the first search. See id. at 800-01. Here, the evidence seized by the officers was a direct result of their initial illegal entry into defendant’s home. There was no second search. Thus, Segura is factually distinguishable.

When Including Section Headings, Make Them Ambiguous.

Say you disregard my prior advice and insist on including section headings. When you draft headings, make them broad and non-descriptive, such as “Defendant’s Due Process Rights” or “Constitutional Violation.” And ignore Professor Sarah Ricks’s advice in Effective Brief Writing Despite High Volume Practice where she directs attorneys to write headings that affirmatively state the conclusion you want the court to reach. Thus, don’t write a heading similar to the one below — it might provide too much clarity to the reader.

Defendant Smith’s Due Process Rights Were Violated When She WasFired as a Teacher Without Notice or a Hearing.

Raise Only One Argument Supporting Your Position.

Even if you have three valid grounds for appealing the trial court’s decision, you should address only one. First, if you raise three issues, you will have to conduct research and draft arguments for all three issues. That would take time away from your more important tasks, such as scrolling through Facebook newsfeeds. Second, only risk-adverse attorneys raise alternative arguments. Because you love taking risks, you should base your entire case on just one argument — especially when losing means that your client will go to jail.

Argue Issues that Are Undisputed or Don’t Legally Matter.

After you decide what one issue your motion or brief will address, spend multiple pages discussing inconsequential issues. Instead of discussing the merits of your one issue, you should point out opposing counsel’s typographical, grammatical, and citation errors. For good measure, you should also inform the court of opposing counsel’s prior “misconduct,” including any technical (but harmless) violations of the discovery rules. Additionally, even if your opponent concedes a legal point, spend at least one page on why your judge should agree with that concession.

Ignore the Applicable Legal Standard.

If you ignore the relevant standard in your motion, then you would be free to raise irrelevant arguments. For instance, in your Rule 12(b)(6) motion to dismiss, you should not concede that well-pleaded facts are assumed true. Instead, you should challenge the factual allegations or contend that the evidence does not support plaintiff’s claims. Because most federal clerks are recent graduates, you might convince them to weigh the evidence and recommend a favorable decision. Or in your motion for summary judgment, disregard the rule that there must be no genuine issues of material fact. If you do, then you can rely on disputed facts that support your client.

Ignoring the standard of review on appeal is also an effective strategy — for losing. For example, appellate courts generally affirm factual findings, unless the lower court abused its discretion. Such a high level of deference would greatly hinder your ability to prevail when appealing a trial judge’s factual findings. Rather than proving that the lower court abused its discretion, pretend that the standard of review doesn’t exist, just like you would for a monetary debt that you could not pay.

x x x."

Monday, May 12, 2014

Speech of Senate President Franklin M. Drilon at the Commencement Exercises of the UP College of Law | University of the Philippines System Website

See - Speech of Senate President Franklin M. Drilon at the Commencement Exercises of the UP College of Law | University of the Philippines System Website





"x x x.



UP President Alfredo Pascual, Dean Danilo Concepcion, faculty members, graduates, students, friends, ladies and gentlemen, good afternoon.
It is with great sense of humility that I accept this honor that you bestowed upon me today. To be honored in this grand manner — conferment of Doctor of Laws Honoris Causa– by my beloved alma mater was beyond my imagination when I graduated from this institution of learning four decades ago.
With immense pride and joy, I share this honor with my family and the people who have been with me in my journey. I dedicate this to my late father, Cesar Sr., who would have been 94 today.
Maraming maraming salamat po.
Ladies and gentlemen of the class of 2014:
Mary Schmich in an article in the Chicago Tribune entitled “Advice, like youth, probably just wasted on the young”, made into the song “Everybody’s Free to Wear Sunscreen” by Baz Luhrman, wrote:
“Enjoy the power and beauty of your youth. Don’t worry about the future. The real troubles in your life are apt to be things that never crossed your worried mind. Don’t waste your time on jealousy. Sometimes you’re ahead, sometimes you’re behind. The race is long and, in the end, it’s only with yourself.
Remember compliments you receive. Forget the insults. Whatever you do, don’t congratulate yourself too much, or berate yourself either. Your choices are half chance. So are everybody else’s. And wear sunscreen.”
I quote Mary Schmich because she tells us some truths that are quite apt for this memorable event in your life. The reference to the power and beauty of youth is a reminder that while we dream of the future ahead of us, keeping ourselves grounded in the present is just as important.
“Don’t worry about the future, she said. For when we face an uncertain future, we tend to worry. Or fear. But, that will only take away today’s strengths. And not tomorrow’s troubles.
Since lawyers are by nature competitive, I find appealing the author’s advice: “Sometimes you’re ahead, sometimes you’re behind. The race is long and, in the end, it’s only with yourself.”
The best embodiment of this, is our fascination with the bar examinations. At this point, let me pause and congratulate UP Law Class of 2013 for its dominating performance in the recent Bar.
It is reminiscent of my batch’s performance during our time. Perhaps, Class 2014 can exceed that. But let us not be bogged down by the spirit of competition if it leads to division and acrimony.
Mary Schmich teaches us to remain humble and optimistic. “Don’t congratulate yourself too much,” she said, “or berate yourself either.” We must always remind ourselves that we are not in control of everything. There is always something left to chance, to luck, or our belief in a Higher Being.
My dear graduates. Lawyers are often called creatures of conflict. We thrive when there is a dispute. Our system of litigation is one that is adversarial by design. This system remains to be the bedrock of a democratic framework, where a third party arbiter can resolve disputes between two combatants objectively.
In reality, the results, and even the process of litigation, are imperfect. Cases in our courts take too long to resolve.
We must address this, especially as it concerns the Sandiganbayan. Filing cases against erring public officials is hardly a deterrent because the anti-graft court is burdened with thousands of cases that would take an average of five years to resolve.
A priority in the Senate’s agenda is Senate Bill No. 2138—a measure that I principally authored–which seeks to fortify the structural capability of the Sandiganbayan to effectively resolve the graft cases that have multiplied over the years. This bill introduces certain innovations such as the “justice designate” concept, transfer of so-called minor cases to the Regional Trial Courts, and modification of the voting requirement in rendering decision.
There are mechanisms already in place which are meant to reduce the acrimony in court litigation and, consequently to accelerate the process.
There is a trend to depart from the traditional modes of resolving disputes where parties are combatants.
Our Rules of Court already provide for modes of discovery. Our Rules of Pre-trial were strengthened. The Supreme Court mandated the use of Judicial Affidavits and highlighted the value of court annexed mediation and judicial dispute resolution, where litigants are given the opportunity to avoid court litigation by being exposed dispute settlement.
Congress, on the other hand, enacted the Alternative Dispute Resolution Act, which recognized the importance of ADR in the achievement of speedy and impartial justice.
All these rules are laudable, and we should continue to move towards their full utilization. But over and above these, I am proposing a paradigm shift.
Lawyers should be problem solvers rather than gladiators. They should be more result-oriented, than procedure based.
Lawyering has always been a subject of interest for people outside of the legal community. The practice of law and the rules that govern it, often mirror the rules that keep society in order. Because lawyering mirrors the functioning of a society in general, the legal community is a good template for, if I may use a technical term, a “control group” or a Petri dish, for effecting change in society.
Today, our country is moving towards achieving true participatory democracy. It is characterized by a government that is focused on consensus-building, one that is interested in arriving at solutions through consultations; a government that attempts to find answers that are beneficial to as many people as possible, instead of being concerned with factionalism where one group must always prevail over another.
If this is the goal, and if our profession mirrors the aspirations of our society, it is about time that we move away from being combatants and embrace our roles as results-based problem solvers.
However, much like the existing government structures and institutions, the practice of law in this country is characterized by delays. This in turn is brought about by a mindset that relies on rules and routine. Lawyers and judges appear to be resigned to the likelihood that cases will drag on for years. Often, rules are used to even further delay cases. In effect, the rules that govern court litigation become the very tools that stall the judicial system.
There is a need to change the perspective of lawyers and judges as to the handling of legal disputes. While resolving disputes in accordance with long established and time-honored procedure is essential, the resolution of disputes in this manner may not always be a complete solution to all legal problems. When lawyers face each other as gladiators, the result is always a winner-take-all situation. However, as officers of the court, the duty of lawyers is not merely to arrive at a determination of who wins and who loses. Rather, the duty of lawyers is to see to it that justice is done.
Thus, there is a need to recalibrate the process by which solutions to legal disputes are attained. Judges and lawyers should be more interested in attaining just results, rather than an overly strict compliance with rules. Legal disputes should be settled, not on the basis of who is more capable of using legal procedures to his advantage, but rather on the basis of who has a clear right in the law.
The Supreme Court, as early as 1911, ruled in Manila Railroad vs. Attorney General, that the purpose of procedure is not to thwart justice. It rather exists to facilitate its application to the rival claims of the contending parties. It was created not to hinder and delay, but to promote the administration of justice. It is a means to an end.
As lawyers, we can be agents of change, beginning with the way we approach law practice. Today, we refer more disputes to arbitration, adjudication and mediation. But are we truly moving towards solutions rather than advancement of more parochial interests?
What we need is a change in mindset. My proposal is for all lawyers to be judges. Of course, not literally. I propose that, more than adopting the mindset of an advocate, we should assume the mindset of a conciliator or mediator.
A conciliator or mediator handles a case with a view of finding a swift and equitable resolution to the dispute. They are interested in results rather than procedural technicalities. Conciliators are not limited by the perspective of a lawyer advocate. They look more at the entire picture. There is room to ask for what is just under the circumstances. Moreover, they know how to listen. Whereas the traditional lawyer is more interested in arguing and in spotting the errors in the argument of the opponent, the conciliator recognizes the value of understanding the points of both parties. The traditional lawyer is interested in winning. The conciliator is interested in fulfilling the interests of the contending parties.
My mindset as a freshly minted lawyer was that of a combatant. But when I was appointed Secretary of Labor during one of the most tumultuous periods in our industrial relations’ history, I changed tack in resolving disputes. I was more focused on seeking solutions, rather than proclaiming winners and losers.
As Secretary of Justice and Executive Secretary, I adhered to the principle that the purpose of procedure is not to thwart justice but rather to promote its administration.
As Senate President, I am an arbitrator of sorts. This role greatly broadened my understanding and allowed me to look at a problem from all angles. I have become more than just an advocate of winning but an advocate of justice and the common good.
It is about time that we consider changing the way that our lawyers are trained. There may be merit to the proposition that law graduates should be required, or at the very least encouraged, to train in government positions that require the exercise of skills pertaining to alternative dispute resolution, such as conciliation and mediation.
Programs and courses in the Philippine Judicial Academy geared towards training lawyers to become judges may be refashioned and incorporated into law school curricula in order to give law students the perspective of a neutral third party in analyzing disputes.
It is fitting that this change of heart begins with the UP College of Law.
There is something about being a graduate of the UP College of Law that bars us from separating ourselves from the concerns of the nation. We will always have a sense of duty to our country.
There is almost an expectation that whenever UP lawyers gather, there will be a reference to the great words of Justice Oliver Wendell Holmes, Jr. etched in the walls of Malcolm. “To teach law in the grand manner, and to make great lawyers.”
In the end, what the study of law truly imparts is a method, a lifestyle, a habit, and eventually, a deeply ingrained character. And this character should be one always hungry for excellence –“grandness,” if you will. But it should not be grand in scale and magnitude, but in impact.
I recall the words of Baroness Margaret Thatcher, herself a distinguished lawyer. “Watch your thoughts for they become words. Watch your words for they become actions. Watch your actions for they become habits. Watch your habits for they become your character. And watch your character for it becomes your destiny.”
To me, this is what the State University aspires for. It goes into our core, as it shapes the way we think, speak, act, and will hopefully build the character and destiny that will impact the nation in a positive manner. That is what is truly grand.
In the UP College of Law, you are trained to deal not just with legal issues, but with the realities that are created and altered by the power of your legal arguments. You should be able to see the connection between the laws and cases you read deep into the night and the people whose lives, liberty and property depend upon your ability to use the law for their advantage.
As graduates of a State University, UP lawyers are the products of the toil and labor of thousands of citizens. Hence, there are expectations that come with being a graduate of the UP College of Law. You have a duty to give back to your country.
You must dream of greatness for your country because the dreams of the Filipino people have been instrumental in fulfilling yours. You must practice law with the kind of passion that has been instilled in you by your professors, your fellow students and this great University. For while the field of law is full of pragmatists and logical thinkers, this country can never have enough of lawyers who value justice and truth with intensity and
conviction.
As UP lawyers, we must use our legal knowledge for something far greater than the protection of life, liberty and property.
Find something to believe in. Have convictions. Do not be contented with sitting on fences, in staying in the middle ground. Search for truth. And once you have found your answers, hold on to them. Be willing to fight for them. There will come a time when having convictions will start to hurt. In a profession where truth is said to be “flexible,” it is difficult to be unwilling to compromise.
Yet, as much as having convictions will hurt, I assure you that refusing to fight for what you believe in, is one of the worst kinds of agony. Thus, to borrow the words of Winston Churchill, “Never, never give in, except to convictions of honor and good sense.”
Do not be just another face in the crowd or just another name in a long list of lawyers. Be a leader rather than a follower. Be a catalyst for change rather than a reactionary. The true value of your education is not measured by how much you know about the law but by how you will use what you know for something meaningful.
Find yourself. Live your dreams.
Understand your potential.
And once you have found the wisdom to comprehend your power and the courage to accept your duty, give this country a tomorrow more than it deserves.
It is your inevitable path not only because you are Filipinos, not only because you are lawyers, but also because you are graduates of the UP College of Law.
Thank you very much.

The University of the Philippines conferred upon Senate President Franklin M. Drilon the degree of Doctor of Laws honoris causa, for his exemplary service in the legal profession, legislative work and public service.
The Senate President dedicated his degree to his father Cesar, Sr, who would have been 94 by the time of the conferment.
For the news feature on Drilon’s acceptance of the degree, please click this link: http://www.up.edu.ph/drilon-lawyers-should-be-problem-solvers-rather-than-gladiators/
x x x."