This web
page
contains the full text of the
By-Laws
of the Integrated Bar of the Philippines
THE INTEGRATED BAR
OF THE PHILIPPINES
BY-LAWS
ARTICLE
I.
[Sections
1 to 17]
GENERAL
PROVISIONS
Section 1. Name.
- The national organization of lawyers created on January 6 ,
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:chanroblesvirtuallawlibrary
-
to
elevate the
standards of the legal profession,
-
to
improve the
administration of justice; and
-
to enable
the Bar
to discharge its public responsibilities 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:chanroblesvirtuallawlibrary
[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 interests 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 commisions, 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 sucession 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
particulary the Integrated
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 gift 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 Intergrated 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 therof 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
commisision
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 emblem of the Integrated Bar, as
adopted
by the Board of Governors, shall be kept in its national office.
Sec. 8. Notices
and processes. - Services of all notices and processes intended for
the Integrated Bar of the Philippines shall be made upon its Secretary
or any 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
residence address appearing in the records or membership roll of the
national
office or of 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, commisioners, 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.
Sec. 11. Vacancies.
- Except as otherwise provided in these By-Laws, whenever the
term
of office or position, whether elective or appointive, is for a fixed
period,
the person chosen to fill a vacancy therein shall serve only for the
unexpired
position 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 the
Chapters and the offices thereof, commisioners, 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 petition 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
in 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.
Sec. 14. Prohibited
acts and practices relative to elections. - The following acts and
practices relative to 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.
(1)
Distribution, except on election day, of election campaign materials;
(2)
Distribution,
on election day, of election campaign materials other than a statement
of the biodata of the candidate on not more than one page of a legal
size
sheet of paper; or causing the distribution of such statement to be
done
by persons other than those authorized by the officer presiding at the
elections;
(3)
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;
(4)
Formation
of tickets, single slates , or combinations of candidates as well s the
advertising thereof;
(5)
For
the purpose of inducing or influencing a member to withold 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 person; or
(3) making a promise or causing an expenditure to be made, offered or
promise
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:chanroblesvirtuallawlibrary
(a)
A1l lawyers whose names were in the Roll of Attorneys of the Supreme
Court
as of 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:chanroblesvirtuallawlibrary
(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 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 that 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 who shall have been forty years as
lawyer
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
II.
[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 - P200.00; General
Fund - P150.00; Welfare Fund - P40.00; Legal Aid - P20.00; Bar
Discipline
- P20.00; and IBP Journal - P70.00.
(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).
THE
IBP LIFE MEMBERSHIP PLAN
(As
amended in accordance with and pursuant to Supreme Court Resolution
dated
August 20, 1999, increasing the life membership fee to P8,500.00
effective
as of January 1, 1999)
A member of
the
IBP may apply for life membership therein by filing an application
therefor
directly with the national office or through the appropriate chapter
under
the following terms:chanroblesvirtuallawlibrary
(l) 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 (P5,000.00); 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 (P5,000.00), 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 (P5,000.00) 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:chanroblesvirtuallawlibrary
(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 as dues-delinquent members. For the
fiscal
year 1974-1975 any member who has not paid the annual dues on or before
November 30, 1974 shall be considered a 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 deliquency
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 ten (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 n 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:chanroblesvirtuallawlibrary
(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 Cites 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
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.
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 reappointment 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 Delegates shall consist of all the
Chapter
Presidents and in the case of 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 oficio 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 month 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 be considered,
debated
or acted upon by the House, upon written petition signed by at least
twenty
Delegates.
(e) During
the deliberations, no person 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 nine
(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 that 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:chanroblesvirtuallawlibrary
(a)
Fix the date, time and place of every convention of the House of
Delegates,
subject to the provisions of Sections 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 Sec. 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
(1)
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. Quorum.
- 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 expeditous 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 termed 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 inability 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
appointments;
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, recorder and disburse ad 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
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 reforms 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 laws 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 research 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, upon the approval of the
Board
of Governors, shall represent the Integrated Bar in supporting or
opposing
such proposals.
Sec. 61. Committee
on Public Services. - 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
duplications
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 a 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.
Amendment 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 percent 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 disbursement 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
disbursements
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, the 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.
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