SC issues rule on mandatory legal aid service for lawyers

The members of the Supreme Court again demonstrated their concern for the poor when it approved BM 2012 entitled "Proposed Rule on Mandatory Legal Aid Service" requiring practicing lawyers to render at least 60 hours of mandatory free legal service for each year. The move is aimed at improving access to justice for the less privileged of our society.

Section 2 of the Rule specifically states that "This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants."

You may read the full text of the Rule at www.sc.judiciary.gov.ph.

Supreme Court issues rules on small claims cases

With not much attention from the public, the Supreme Court approved last September 9 a new Rules of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC) which took effect last October 1.

This Rule will govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs.

The Rules introduced a lot of innovations one of which is the banning of lawyers in such proceedings. According to it, no attorney will be allowed to appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.

If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual to assist that party upon the latter’s consent, provided the said individual is not an attorney.

Read the full text of the Rules of Procedure for Small Claims Cases at the Supreme Court’s website