Access to legal aid remains a major challenge for many, mainly because of financial limitations. However, recent reforms from the Supreme Court (SC) bring renewed hope.
The SC has formally issued A.M. No. 22-11-01-SC or the Rules on Unified Legal Aid Service (Ulas) effective February 2025. These Rules require all covered lawyers to render at least 60 hours of free legal aid every compliance period, or to contribute to a legal aid fund. A compliance period consists of 36 months or three years.
This initiative is rooted to carry out the constitutional mandate of providing adequate legal assistance and free access to the courts and quasi-judicial bodies to those who cannot afford adequate and proper legal services, as stated in Article III, Section 11 of the Constitution.
The covered lawyers are those: (a) whose membership status with the Integrated Bar of the Philippines (IBP) has not been terminated; (b) who are not retired in accordance with the IBP By-Laws; and (c) who are not excluded. For registered organizations such as corporations, partnerships, associations and law firms, the coverage includes: (a) lawyers employed under an employer-employee relationship and (b) lawyers who hold roles like directors, trustees, partners, officers, or other professionally connected positions, even without a formal employment arrangement. Covered lawyers in the government shall duly secure the appropriate authority to render pro bono legal aid services from their agency.
The pro bono legal aid services required of lawyers are acts and services that involve the application of law, legal procedure, or legal knowledge, training and experience, provided free of charge and rendered to qualified beneficiaries. These services include court representation, legal counseling, preparation of legal documents, developmental legal support, helping in jail congestion or barangay legal clinics and participation in accredited legal outreach programs.
As an alternative, lawyers may, in lieu of rendering the mandatory pro bono legal aid services, opt to give a financial contribution to the Ulas fund, in accordance with the rates fixed in the manual, which may cover up to 50 percent of the required hours.
The Ulas Rules defined those “qualified beneficiaries” who can receive legal aid for indigents and vulnerable individuals like the poor, victims of abuse, persons with disabilities, children in conflict with the law, disaster survivors and overseas Filipino workers needing legal help.
While legal assistance is a lifeline, for lawyers, the act of providing it is an offering of the heart. There is true incentive in extending a hand to those in need, but there are also tangible incentives that motivate continued participation of lawyers.
Lawyers shall be credited with 15 units of mandatory continuing legal education credit, attorney’s fees and others for successful litigation cases, notarial practice outside the lawyer’s usual place of business, reasonable expenses when rendering Ulas service which shall be covered by the Ulas fund, and other incentives granted under statutes.
If the total number of hours of the legal services rendered by lawyers exceeds the minimum hours, the excess hours may, upon the approval of the Ulas Board, be carried over to the immediately succeeding compliance period.
As to the matter of compliance reports, covered lawyers must report their pro bono legal aid compliance to the Ulas Board within one month after the end of the compliance period. This report, which must be in writing and follow the Ulas Rules Manual, should specify whether they met the required hours fully or partially, or if they are exempt, and the reason for the exemption. Otherwise, a noncompliance notice shall be furnished to non-compliant lawyers with corresponding actions to be made within the grace period. For failure to comply with the Rules even after the grace period, the lawyer shall incur appropriate penalties.
It is evident that the SC has undertaken proactive reforms. With these Ulas Rules, it hit two goals with one stone: first, Ulas will compel lawyers to stay current with evolving laws and jurisprudence; and second, it will strengthen the provision of free legal services to the underprivileged.