Pro Bono Practices and Opportunities in the Philippines1

INTRODUCTION
Due to widespread poverty and frequent human rights violations, the Philippines presents numerous
opportunities for lawyers to engage in pro bono work.

OVERVIEW OF THE LEGAL SYSTEM

Constitution and Governing Laws
The Philippine legal system is unique because it combines civil law, common law, Muslim law, and
indigenous law.2 The 1987 Philippine Constitution (the “Constitution”) provides the basis for the country’s
law and was established after a period of martial law, which was declared by President Ferdinand E.
Marcos in 1972 and lasted until 1986.3

The Courts
Types and levels of courts
The Constitution delineates the powers granted to the Philippine Supreme Court, and lower courts (the
Court of Appeals, regional trial courts, and special courts), which together comprise the Philippine court
system.4 The Philippine Supreme Court is unique in that it has rule-making power in the protection and
enforcement of constitutional rights, court proceedings, practice of law and legal assistance to the
underprivileged under Article VIII, Section 5(5) of the Constitution.5
The two special courts are the Court of Tax Appeals and the “Sandiganbayan.”6 The Court of Tax
Appeals serves as an appellate court to review tax cases and has exclusive jurisdiction to review by
appeal decisions made by the Commissioner of Internal Revenue, regional trial courts in local tax cases,
and the Secretary of Agriculture, among others.7 It also has jurisdiction over related criminal offences in
certain situations.8 The Sandiganbayan (the People’s Advocate) is a special appellate collegial anti-
corruption courtcreated to maintain integrity and honesty in government.9 The regional trial courts are
second-level courts and are divided into 13 judicial regions. Certain branches of the regional trial courts

1
This chapter was drafted with the support of Picazo Buyco Tan Fider & Santos
2
Trade Chakra, Legal System in Philippines, http://www.tradechakra.com/economy/philippines/legal-system-in-
philippines-235.php (last visited on September 4, 2015).
3
Milagros Santos Ong, Update: Philippine Legal Research, § 3 (2015), available at
http://www.nyulawglobal.org/globalex/philippines1.htm (last visited on September 4, 2015).
4
Ibid at § 3.3.
5
Renato Bautista Jr., The Philippine Legal System (March 31, 2010), available at http://suite101.com/article/the-
philippine-legal-system-a212057 (last visited on September 4, 2015).
6
The Lawphil Project, Philippine Court System, http://www.lawphil.net/courts/courts.html (last visited on
September 4, 2015).
7
Santos Ong, n2 at § 3.3.
8
Ibid.
9
Santos Ong, n2 at § 3.3.

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handle different types of cases exclusively.10 Regional trial courts have jurisdiction over a variety of civil
matters depending on the amount of damages at issue.11
There are also first-level courts in each city and municipality, namely the Metropolitan Trial Courts, the
Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts.12 In
2008, these courts were granted jurisdiction to hear small claims cases. There are also Shari’a Courts,
which are special courts created by the Code of Muslim Personal Laws.13
The Philippines also has a system known as the “Katarungang Pambarangay” or “Barangay Justice
System.”14 This operates at the level of the barangay, which is a local government unit (similar to a town
or village) and is based on traditions used to mediate local disputes.15 It is run by appointed government
officials, but has limited jurisdiction.16
Appointed judges
All members of the judiciary in the Philippines are appointed by the President from a list of nominees
submitted by the Judicial and Bar Council (the “JBC”).17 The JBC is supervised by the Supreme Court
and serves the primary purpose of screening potential appointees to the judiciary.18 Alongside the Chief
Justice (the ex-officio Chairman), the Secretary of Justice and representatives of Congress, who serve as
ex-officio members, the JBC also comprises a representative of the Integrated Bar, a professor of law, a
retired member of the Supreme Court and a representative of the private sector.19
All applicants for positions within the judiciary must complete training at the Philippines Judicial
Academy.20 Appointments of members of the Supreme Court are also made by the President from a list
of nominees provided by the JBC, and must be made within 90 days of a position becoming vacant.21 The
Supreme Court is composed of a Chief Justice and 14 Associate Justices who serve until the age of 70.22

10
Ibid. The types of cases include criminal, juvenile, domestic relations, agrarian and urban land reform.
11
Ibid.
12
Ibid.
13
Ibid.
14
Stephen Golub, Non-state Justice Systems in Bangladesh and the Philippines: Paper Prepared for the United
Kingdom Department for International Development, p.12 (2003), available at
http://www.gsdrc.org/docs/open/DS34.pdf (last visited on September 4, 2015). See also Republic Act No. 7160,
the Local Government Code of 1991, Chapter 7, Title One, Book III.
15
Ibid.
16
Ibid at p.12-13. For example, it can only hear disputes arising between people in the same or neighboring
barangays, and cannot hear criminal cases where the penalty exceeds certain limitations.
17
Article VIII, Section 8 of the Constitution; Santos Ong, n2, at § 3.3.
18
Ibid.
19
Santos Ong, n2, at § 3.3. See also the 1987 Philippine Constitution, Article VIII, Section 9 available at
(http://www.lawphil.net/consti/cons1987.html) (last visited on September 4, 2015).
20
The PHILJA (created by the Supreme Court on March 12, 1996) was established by Administrative Order No.
35-96, and institutionalized under the Republic Act No. 8557. The Philippine government website, The Judicial
Branch, available at http://www.gov.ph/about/gov/judiciary/ (last visited on September 4, 2015). See also The
1987 Philippine Constitution, Article VIII, Section 8 available at (http://www.lawphil.net/consti/cons1987.html)
(last visited on September 4, 2015).
21
Santos Ong, n2, at § 3.3. See also The 1987 Philippine Constitution, Article VIII, Section 8 available at
(http://www.lawphil.net/consti/cons1987.html) (last visited on September 4, 2015).
22
Ibid. See also the 1987 Philippine Constitution, Article VIII, Sections 4 and 11, available at
(http://www.lawphil.net/consti/cons1987.html) (last visited on September 4, 2015).

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The Practice of Law
Education
Rule 138, sections 5 and 6 of the Rules of Court contain the academic requirements which candidates
must fulfill in order to be allowed to take the annual Bar examination.23 Section 5 (as amended by Bar
Matter No. 1153, March 9, 2010) provides that the candidate must have studied law for four years and
successfully completed all prescribed courses (e.g. civil law, commercial law, criminal law, legal ethics)
for the degree of Bachelor of Laws or its equivalent, in a law school or university, officially recognized by
the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been
granted.24
Section six states that the pre-law requirement, is a four-year high school course and a Bachelor’s degree
in arts or sciences, with a major, field or concentration (non-mandatory) in political science, logic, English,
Spanish, history or economics.25
Licensure
In the Philippines, there is no distinction between solicitors and barristers as all candidates who wish to
practise law must take the Bar examinations to be admitted. After fulfilling the academic requirements
successfully, the candidate can file an application to take the Bar examinations, provided he or she is “a
citizen and resident of the Philippines, at least 21 years of age and of good moral character”.26
After passing the Bar examinations, the successful candidate is entitled to take the oath of office, receive
his or her certificate of membership to the Philippine Bar and finally, sign the roll of attorneys at the
Supreme Court.27 Only then does the candidate officially become a lawyer and can use the title of
“Attorney”. Once admitted, the lawyer must remain in good standing by maintaining membership in the
Integrated Bar of Philippines (the “IBP”) and by complying with the requirements on Mandatory
Continuing Legal Education (“MCLE”).28
Foreign lawyers cannot engage in the practice of law in the Philippines and therefore must be
represented by a member of the IBP in all matters connected with such practice.29
Demographics
Aproximately 50,000 attorneys have qualified for and passed the Bar examination and taken the
attorney’s oath,30 which equates to five attorneys per every 10,000 people in the Philippines.31

23
Santos Ong, n2 at § 6.
24
Ibid. See also Rules of Court, Rule 138, Section 5 (as amended by Bar Matter No. 1153, March 9, 2010).
25
Ibid at Section 6.
26
Rules of Court, Rule 138, Section 5 available at (http://www.lawphil.net/courts/rules/rc_138_bar.html) (last visited
on September 4, 2015).
27
International Bar Association, n29. See also Rules of Court, Rule 138, Sections 17 to 19 available at
(http://www.lawphil.net/courts/rules/rc_138_bar.html) (last visited on September 4, 2015).
28
Ibid. See also Bar Matter No. 850 (August 22, 2000).
29
Ibid. See also Rules of Court, Rule 138, Section 2 available at
(http://www.lawphil.net/courts/rules/rc_138_bar.html) (last visited on September 4, 2015) and the 1987 Philippine
Constitution, Article XII, Section 14 available at (http://www.lawphil.net/consti/cons1987.html) (last visited on
September 4, 2015).
30
IBP History, http://ibp.ph/history.html (last visited on September 4, 2015).
31
Based on a population of 92,337,852 as of May 1, 2010 (http://www.nso-ncr.ph/) (last visited on September 4,
2015).

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Legal Regulation of Lawyers
The practice of law in the Philippines is primarily regulated by the IBP. The IBP is a mandatory Bar
Association created by the Philippine Supreme Court in the 1970s.32 All Philippine lawyers are required to
join the IBP and cannot practise law in the Philippines without doing so.33 The IBP’s stated mission
consists of three fundamental objectives: (1) to elevate the standards of the legal profession; (2) to
improve the administration of justice; and (3) to enable the Bar to discharge its public responsibility more
effectively.34 Generally, lawyers in the Philippines are classified by the following fields of law: civil law,
commercial law, labor law, land law, taxation law, criminal law, political law, and international law.35
While paralegals are not recognized as legal professionals under Philippine law, they do play an
increasingly significant role in addressing immediate legal issues and disputes involving community
members’ rights.36 Community based paralegals are trained in the relevant laws for a particular
specialization, thereby enabling them to relay that information to community members in need.37
Paralegals can also provide legal literacy education, refer and assist community members in accessing
government and other legal services, and mobilize community support around local issues.38 Finally,
paralegals may appear in some municipal courts on behalf of clients if there are no available lawyers and
before quasi-judicial bodies.39

LEGAL RESOURCES FOR INDIGENT PERSONS AND ENTITIES

The Right to Legal Assistance
The Philippine Bill of Rights provides that “free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty”.40

State-Subsidized Legal Aid

There are a number of governmental programs offering legal assistance to indigent persons in the
Philippines. The Public Attorney’s Office (the “PAO”), an agency under the Department of Justice, was
established to provide free legal representation to individuals who either have no income or are below
certain income thresholds in civil, criminal and administrative cases.41 The PAO, in its effort to fulfil the

32
IBP History, http://ibp.ph/history.html (last visited on September 4, 2015).
33
Ibid.
34
IBP Mission, http://ibp.ph/mission.html (last visited on September 4, 2015).
35
IDE-JETRO, available at http://d-arch.ide.go.jp/idedp/IAL/IAL000500_006.pdf (last visited on September 4,
2015).
36
American Bar Association, Access to Justice Assessment for Philippines Mindanao, 32 (January 2012), available
at
http://www.americanbar.org/content/dam/aba/directories/roli/philippines/philippines_access_to_justice_assessme
nt_2012.authcheckdam.pdf (last visited on September 4, 2015).
37
Ibid.
38
Ibid.
39
Ibid.
40
Philippine Bill of Rights, available at The 1987 Philippine Constitution, Article III, Section 11
(http://www.lawphil.net/consti/cons1987.html) (last visited on September 4, 2015).
41
Carlos P. Medina, Legal Aid Services in the Philippines, available at
http://juniorstud.blogspot.co.uk/2005/01/legal-aid-services-in-phils.html (last visited on September 4, 2015);
Department of Justice, Public Attorney’s Office, http://www.chanrobles.com/legal3dojpao.html (last visited on
September 4, 2015).

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constitutional mandate (set out at subparagraph a. above) provides legal representation, as well as
mediation and various other legal services.42 Other government based agencies provide free legal
assistance in a specific area of the law, e.g. agrarian reform.43 The Philippine courts may also appoint
lawyers to provide free representation to indigent defendants in criminal cases.44
The IBP also provides legal assistance to indigent Filipinos.45 In part to meet its third stated objective of
discharging its public responsibility more effectively, the IBP’s National Committee on Legal Aid runs the
IBP Legal Aid Program, which includes 83 local legal aid committees throughout the Philippines.46 This
committee provides free legal counselling and advice to those who qualify, and also drafts necessary
documentation for them.47 Free legal representation before the courts, quasi-judicial or administrative
bodies, is provided to individuals who qualify for representation under “the double M tests.” Such tests
consider the “means” of the individual and the “merits” of the case.48 Applicants can go to the National
Committee on Legal Aid offices in the IBP Building in Doña Julia Vargas Avenue, Ortigas Center Pasig
City or go directly to any of the 83 local legal aid committees.49
Eligibility Criteria:
Immigration Status
Indigent aliens qualify for assistance under the same qualifications of financial means as native
Filipinos.50 However, for citizens with limited resources there is a policy of giving preference to “deserving
citizens”.51
Financial Means
To qualify for legal assistance it is necessary to prove indigence, which is defined by varying criteria
depending on the residence of the person seeking aid. The PAO states that an applicant must have a net
income of less than PHP 14,000 a month (US$ 309) if a resident of Metro Manila, less than PHP 13,000
(US$ 287) if a resident of another city, or less than PHP 12,000 (US$ 265) if a resident of any other
place.52 This test is applied without consideration of land ownership which plays no part in determining
the right to legal aid.53
Merits (likelihood of case succeeding)
A case is considered meritorious if an assessment of the law and evidence regarding the matter suggests
that the legal services provided will contribute to the cause of justice.54 Cases that do not fulfil this criteria
are those that have no chance of a successful outcome or are brought with the sole intention of harassing

42
Ibid.
43
Ibid.
44
Ibid.
45
Medina, n41.
46
National Committee On Legal Aid, http://www.ibp.ph/ncla.html (last visited on September 4, 2015).
47
Ibid.
48
Ibid.
49
Ibid.
50
The 2nd Indorsement of the Undersecretary of Justice, dated March 25, 1974. Public Attorney’s Office, available
at http://www.pao.gov.ph/28/Persons-Qualified-for-Legal-Assistance (last visited on September 4, 2015).
51
Public Attorney’s Office, Memorandum Circular no. 02 Series of 2010 available at
http://www.pao.gov.ph/UserFiles/Public_Attorney's_Office/file/DOWNLOAD%20M_C_%20No_%202.pdf at § 3
(last visited on September 4, 2015).
52
Public Attorney’s Office, n51. See also Implementing Rules and Regulations of Republic Act No. 9406, Section
24.
53
Ibid.
54
Ibid.

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or injuring the opposing party or to cause oppression or harm.55 Defendants of criminal cases are
considered meritorious given the presumption of innocence until proven otherwise.56
Cases not handled
PAO lawyers are not allowed to handle cases where they would be representing conflicting interests or
the prosecution of criminal cases in court.57 As a matter of policy, PAO lawyers should also refrain from
undertaking the defence of persons accused of violating Batas Pambansa Blg. 22 (an anti-bouncing
checks law) and adoption cases except when either parent of the person to be adopted is the petitioner-
adopter and provided that he/she passes the indigency test.58 There appear to be no equivalent
restrictions for IBP lawyers providing free legal aid. Only applicants already receiving adequate legal
assistance from another source will be denied IBP legal assistance.59
Applicant Type
Only qualifying individual clients may take advantage of the free legal assistance offered by PAO.60 The
same appears to be true for the IBP legal assistance program.61

Mandatory assignments to Legal Aid Matters

A court may assign a case to an attorney to provide professional legal aid to a party if upon investigation
it appears that the party is destitute and unable to employ an attorney and the services of counsel are
necessary to secure the ends of justice and to protect the party’s rights. It is the duty of the attorney so
assigned (counsel de oficio) to render the required services, unless he or she is excused therefrom by the
court for sufficient cause shown.62 Furthermore, a lawyer cannot decline, except for serious and sufficient
cause, an appointment as counsel de oficio or a request from the IBP or any of its chapters to provide
free legal aid.
Subject to availability of funds, the court may, in its discretion, order an attorney employed as counsel de
oficio to be compensated in such sum as the court may fix in accordance with the Rules of Court.
Whenever such compensation is allowed, it shall not be less than PHP 30 US$ 0.66 in any case, nor
more than the following amounts: (1) PHP 50 (US$ 1.11) in light felonies; (2) PHP 100 (US$ 2.21) in less
grave felonies; (3) PHP 200 (US$ 4.42) in grave felonies other than capital offences; and (4) PHP 500
(US$ 8.84) in capital offences.
Furthermore, the National Committee on Legal Aid has a discretion to award a portion of the reward from
successful litigation to the attorney.63
In 2014 the PAO assisted a total of 7,514,325 clients and handled 783,569 cases.64
While the IBP obligates lawyers to render services to indigent parties, they have not been successful in
disseminating information about their legal aid programs to the citizens that the programs are intended to

55
Ibid. See also Implementing Rules and Regulations of Republic Act No. 9406, Section 25.
56
Ibid.
57
Ibid.
58
Ibid. See also PAO Memorandum Circular No. 18, Series of 2002, Article II, section 7.
59
IBP Guidelines on Legal Aid available at http://www.ibp.ph/d10.html at § 24 (last visited on September 4, 2015).
60
Public Attorney’s Office, How to Avail of Services of the PAO located at http://www.pao.gov.ph/24/How-to-avail-
of-services-of-the-PAO (last visited on September 4, 2015).
61
IBP Guidelines, n60.
62
Rules of Court, Rule 138, Section 31 available at (http://www.lawphil.net/courts/rules/rc_138_bar.html) (last
visited on September 4, 2015).
63
IBP Guidelines, n60.
64
See http://www.pao.gov.ph/138/Accomplishment-Report-2014 (last visited on September 4, 2015).

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serve. In particular, for the most marginalized who live in rural areas, these citizens are often unaware of
the IBP’s legal aid programs and believe that lawyers only concentrate their practice in city centers. While
the PAO also provides legal services to the poor and citizens are more aware of them, the average
caseload per public attorney lawyer numbers is in the hundreds, so the quality of service is likely to suffer.

Unmet Needs and Access Analysis

There is a lack of information and satisfactory reporting on whether the current legal aid scheme in the
Philippines meets the needs of indigent and marginalized individuals and NGOs. However, given the very
low number of lawyers per capita in the Philippines and the fact that many citizens (in particular,
marginalized individuals who live in rural areas) are not aware of what legal aid programs are available, it
is likely that the current scheme does not sufficiently service the legal needs of the Philippine people.

Alternative Dispute Resolution

The PAO can provide mediation and conciliation services as part of its free legal assistance.65

PRO BONO ASSISTANCE

Pro Bono Opportunities
Widespread poverty in the Philippines makes the provision of legal aid as well as pro bono legal services
particularly important.66
Private Attorneys
The Constitution and the Code of Professional Responsibility for Lawyers (the “Code”) both reflect the
principle that attorneys should provide legal representation to indigent individuals.67
The Constitution states that “free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.”68 In a section titled “A Lawyer Shall
Not Refuse His Services to the Needy,” the Code requires that absent serious and sufficient cause to
decline representation, lawyers must accept certain pro bono cases assigned to them.69 In 2009, the
Supreme Court introduced a requirement that all “practising lawyers”70 provide a minimum of 60 hours per
year of free legal aid or pro bono services in all cases involving “marginalized and poor litigants” (the
“Rule on Mandatory Legal Aid Service”).71
The Rule on Mandatory Legal Aid Service and its implementing rules were supposed to take effect on
July 1, 2009. On June 23, 2009 the Supreme Court issued a resolution deferring its implementation until
December 31, 2009, to take effect on January 1, 2010 provided its implementing rules had been

65
See http://www.pao.gov.ph/25/List-of-Services (last visited on September 4, 2015).
66
US Department Of State, Background Note: Philippines (February 5, 2015) available at
http://www.state.gov/r/pa/ei/bgn/2794.htm (last visited on September 4, 2015).
67
Code of Professional Responsibility, Canon 14, Rule 14.02.
68
Philippine Bill of Rights, n40.
69
Code of Professional Responsibility, n68.
70
For exclusions to who qualifies as a “practising lawyer”, see Rule on Mandatory Legal Aid Service, Bar Matter
No. 2012 dated February 10, 2009 at Section 4.
71
Patrick Hume SJ, Pro Bono: Still Relevant for Access to Justice (November 2009), available at
http://www.workingnotes.ie/index.php/item/pro-bono-still-relevant-for-access-to-justice (last visited on September
4, 2015). See also Rule on Mandatory Legal Aid Service, Bar Matter No. 2012 dated February 10, 2009 at
Section 5 available at (http://www.ibp.ph/d11.html) (last visited on September 4, 2015).

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published.72 However, according to the Office of the Bar Confidant, such implementing rules have not yet
been promulgated and the Rule on Mandatory Legal Aid Service has not yet been implemented.73
Under the Rule on Mandatory Legal Aid Service, continuation of practice by an attorney depends on
being issued a compliance certificate by the IBP attesting to the minimum of 60 pro bono hours.74
Non-Governmental Organizations (“NGOs”)
A variety of NGOs and private law firms, also provide free legal services to indigent individuals and
disadvantaged groups, and promote certain public interest causes.75 Member organizations of a coalition
called the Alternative Law Groups (the “ALG”) provide free legal services to poor and marginalized
groups and communities in the Philippines, and seek to enable greater access to justice for these groups.
They also engage in matters relating to public issues, such as the environment, gender equality and
human rights.76 ALG programs are generally aimed at promoting the pursuit of the public interest, respect
for human rights, and social justice. The work of the participating organizations includes impact litigation,
policy reform efforts, education initiatives to inform marginalized groups about their legal rights and
concerns, and an effort to create groups of paralegals in communities and organizations that can provide
legal assistance from within.77 Member groups of the coalition often maintain relationships with law
schools to carry out these objectives.78
University Legal Clinics and Law Students
Law students have also played a role in providing pro bono legal services. In the Philippines, law students
who have completed a required amount of study and are supervised in a clinical legal education program
may represent clients without compensation in civil, criminal or administrative cases.79 Philippine law
schools, including the Ateneo de Manila Law School in Makati City and the University of Philippines
College of Law, have set up clinical programs through which their students and alumni may provide free
legal assistance.80 Foreign law schools have also provided such assistance.81

Historic Development and Current State of Pro Bono

Historic Development of Pro Bono
The absence of effective access to justice by the poor and marginalized presents one of the most
prominent opportunities for pro bono work in the Philippines. A number of NGOs committed to

72
Supreme Court Notice dated September 18, 2012.
73
Based on an oral inquiry on July 16, 2015 with the Office of the Bar Confidant of the Supreme Court of the
Philippines.
74
Rule on Mandatory Legal Aid Service (n72) at Sections 5 and 7.
75
Baker & McKenzie, Working in the Philippines, available at http://www.bakermckenzie.com/careers/philippines/
(last visited on September 4, 2015); Chan Robles Law Firm, Pro Bono, available at
http://lawfirm.chanrobles.com/index.php/component/content/article/78-the-firm/89-pro-bono-services (last visited
on September 4, 2015); Medina, n41.
76
Medina, n41.
77
Ibid.
78
Ibid.
79
Medina, n41.
80
Ateneo Law School http://law.ateneo.edu/?page_id=67 (last visited on September 4, 2015).
81
YFILE, Osgoode Students Provide Pro Bono Legal Service in the Philippines, available at
http://www.yorku.ca/yfile/archive/index.asp?Article=8607 (last visited on September 4, 2015). In 2007, students
from the Osgoode Hall Law School of York University in Canada traveled to the Philippines as part of an effort to
provide pro bono legal assistance to developing nations. While there, they hosted a forum addressing the legal
issues regarding the Philippine’s worst oil spill.

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empowering the poor and marginalized have emerged to help meet these needs.82 For example, one
such project aims to help farmers obtain access to justice where they have been falsely and arbitrarily
accused of crimes by wealthy landowners or elite land claimants.83 The project, led by a Philippine
lawyer, also seeks to provide paralegal training to local women so that they may monitor court cases,
gather evidence, write affidavits, and help farmers navigate the legal system.84
Some of the most urgent legal issues in the field of environmental law include large-scale mining,
destruction of marine resources, and indiscriminate logging due to the increasing demand for land and
natural resources.85 These practices frequently occur to the detriment of the poor and marginalized,
causing community displacement, increasing urban migration, usurpation of indigenous people’s
ancestral rights, illegal land conversion, dwindling food production and depletion of freshwater resources,
militarization and other human rights abuses, air and water pollution, and other environmental disasters.
In 2010, a pro bono environmental lawyer helped climate change activists take their fight against flooding
to the Philippines Supreme Court.86
Gender equality issues also present pro bono opportunities. While the Philippine government has passed
a number of laws addressing women’s development and gender equality issues, the recognition of certain
rights - particularly in the realm of reproductive health - is still unresolved and is an area for potential
advocacy.87
In addition to these opportunities, extra-judicial executions have been a significant problem in the
Philippines. The Philippines has experienced an unprecedented surge in extra-judicial executions since
2005,88 prompting extensive investigations by the United Nations, Amnesty International and Human
Rights Watch.89
Smaller organizations have also engaged in both research and service projects aimed at protecting
human rights in the Philippines. For example, the Center for Constitutional Rights, based in New York,
has collaborated with the GABRIELA Network, an organization that works in support of women’s rights
both in the US and the Philippines. The Asia Foundation, funded in part by the United States Agency for
International Development, has also run numerous programs, including a project to train judges and

82
Aurora E. Bewicke, Asian Developments in Access to Counsel: A Comparative Study, 10 NW. U. J. INT’L HUM.
RTS. 27 (2011), available at
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1124&context=njihr (last visited on
September 4, 2015).
83
Ibid. (referencing Rosselynn Jae de la Cruz, Legal Consultant, AKBAYAN Citizens Action Party).
84
Ibid.
85
WWF, Environmental Problems in the Philippines available at
http://wwf.panda.org/who_we_are/wwf_offices/philippines/environmental_problems__in_philippines/ (last visited
on September 4, 2015).
86
Purple S. Romero, Pro Bono Lawyer Leads Landmark Court Challenge in Philippines, TRUSTLAW, (June 29,
2010), available at http://www.trust.org/trustlaw/news/pro-bono-lawyer-leads-landmark-court-challenge-in-
philippines/ (last visited on September 4, 2015).
87
International Labour Organization, Gender Equality in the Philippines (November 2014), available at
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-
manila/documents/publication/wcms_173283.pdf (last visited on September 4, 2015).
88
Seth Mydans, Rights Groups Say Military Is Behind Killings in Philippines, New York Times, August 25, 2006,
available at http://www.nytimes.com/2006/08/25/world/asia/25filip.html?pagewanted=print (last visited on
September 4, 2015) (stating that there has been an increase from 2005 to 2006); See UNHCR, Extrajudicial
killings have a corrosive effect on civil society and political discourse in the Philippines, says UN independent
expert at the end of visit (February 21, 2007), available at
http://www.unhchr.ch/huricane/huricane.nsf/view01/7B6094F7150CDC99C125728A003B12B1?opendocument
(last visited on September 4, 2015).
89
Ibid. Human Rights Watch has released several reports in the last several years, the most recent being in 2015.
Amnesty International releases yearly reports, the most recent being in 2013.

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prosecutors in an effort to develop a more accountable judiciary,90 and a project to increase confidence in
election results, which included creating a voter’s guide and bringing in election monitors.91 Additionally,
Romeo Capulong, a prominent human rights lawyer and judge serving on the UN Tribunal for the Former
Yugoslavia, started the nation’s first public interest firm, Public Interest Law Center in the 1980s.92
Current State of Pro Bono including Barriers and Other Considerations
As in any developing country with an intermittently unstable government, attorneys may experience some
barriers to performing pro bono legal services in the Philippines.
Laws and Regulations Impacting Pro Bono
Article 2208 of the Civil Code of the Philippines (Republic Act. No. 386) enumerates the instances when a
court may award (reasonable) attorney’s fees and expenses of litigation (other than judicial costs) in
favour of a prevailing party in a case. However, the Supreme Court has ruled that the award of attorney’s
fees is an exception rather than the general rule and attorney’s fees are not to be awarded every time a
party wins a suit.93
There is no statutory minimum legal fee schedule in the Philippines, however the Code of Professional
Responsibility provides that a lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.94
It is difficult for foreign lawyers to offer pro bono services in the Philippines, since non-Filipino lawyers are
not permitted to offer advice as to Philippine law, and foreign law firms are not allowed to have offices in
the Philippines. Also, very few domestic law firms have associations with large foreign firms or foreign
lawyers. These restrictions have been criticized, and some have argued that the country should open
itself to cross border practice, particularly in light of globalization.
In-house counsel may engage in pro bono services if this is permitted by the terms of their employment.
It is uncommon for law firms to take out professional indemnity insurance in the Philippines and
consequently, in most cases pro bono services would not be covered by such insurance.
Socio-Cultural Barriers to Pro Bono or Participation in the Formal Legal System
Perhaps the biggest obstacle for pro bono service is the fact that citizens are not aware of their resources
and what services are available to them. According to the American Bar Association’s 2012 report on the
Mindanao region in the Philippines, the cost of hiring a private lawyer is estimated to range from 10,000
PHP (US$ 232.56) to 50,000 PHP (US$ 1,162.79). This is out of reach for most citizens who earn on
average PHP 1,403 (US$ 32.63) per month.
Pro Bono Resources
The following organizations may provide pro bono opportunities for lawyers to participate in:
• Sentro Ng Alternatibong Lingap Panligal: http://www.saligan.org/ (last visited on September 4,
2015). Provides litigation support, legal literacy and alternative legal education, paralegal
information, policy advocacy, research and publication, and internships for law students.
• Balay Alternative Legal Advocates for Development in Mindanaw, Inc.: http://balaymindanaw.org
(last visited on September 4, 2015). Provides legal services to marginalized sectors and
communities in Mindanao, conducts capacity building interventions on local legislation and
dispute resolution, and advances legal issues of different marginalized sectors and communities.

90
The Asia Foundation, Philippines Overview, available at http://asiafoundation.org/country/overview/philippines
(last visited on September 4, 2015).
91
Ibid.
92
Public Interest Law Center, http://palomapolo.com/unrest/public_interest_law_center.html (last visited on
September 4, 2015).
93
Article 2208 of the Civil Code of the Philippines (Republic Act. No. 386).
94
Rule 2.04, Code of Professional Responsibility.

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Legal clinics which provide pro bono services include:
• The Office of Legal Aid at the University of the Philippines, College of Law:
http://law.upd.edu.ph/index.php?option=com_content&view=category&id=64:what is office of
legal aid ola&Itemid=73&layout=default (last visited on September 4, 2015). Provides free legal
assistance to indigent litigants and is actively involved in public interest cases.

CONCLUSION
There is a great need for pro bono legal assistance in the Philippines and to educate the population on
the availability of pro bono legal services. Because of the potential barriers to providing such assistance,
the best opportunities may be found by reaching out to, and supporting, groups that are already well-
established in the Philippines. A potentially promising area for near term investment and growth could be
community paralegals and law schools, as these avenues serve as valuable resources and options for
citizens in the Philippines where access to lawyers may be unavailable for a variety of reasons.
September 2015
Pro Bono Practices and Opportunities in the Philippines

This memorandum was prepared by Latham & Watkins LLP for the Pro Bono Institute. This
memorandum and the information it contains is not legal advice and does not create an attorney-client
relationship. While great care was taken to provide current and accurate information, the Pro Bono
Institute and Latham & Watkins LLP are not responsible for inaccuracies in the text.

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