Case Digest: In Re Integration of the Phil. Bar 49 SCRA 22 (1973)

In Re Integration of the Phil. Bar 49 SCRA 22 (1973), January 9, 1973

Subject: Basic Legal Ethics

FACTS

On December 1, 1972, the Commission on Bar Integration submitted its Report dated November 30, 1972, with the "earnest recommendation" that "this Honorable Court ordain the integration of the Philippine Bar as soon as possible through the adoption and promulgation of an appropriate Court Rule."

The petition in Adm. Case No. 526 formally prays the Court to order the integration of the Philippine Bar, after due hearing, giving recognition as far as possible and practicable to existing provincial and other local Bar associations. On August 16, 1962, arguments in favor of as well as in opposition to the petition were orally expounded before the Court. Written oppositions were admitted, and all parties were thereafter granted leave to file written memoranda.

In 1970, the Court created the Commission on Bar Integration for the purpose of ascertaining the advisability of unifying the Philippine Bar.

In September 1971, Congress passed House Bill No. 3277 entitled "An Act Providing for the Integration of the Philippine Bar, and Appropriating Funds Therefor."

The Report of the Commission abounds with argument on the constitutionality of Bar integration and contains all necessary factual data bearing on the advisability (practicability and necessity) of Bar integration. Also embodied therein are the views, opinions, sentiments, comments and observations of the rank and file of the Philippine lawyer population relative to Bar integration, as well as a proposed integration Court Rule drafted by the Commission and presented to them by that body in a national Bar plebiscite. There is thus sufficient basis as well as ample material upon which the Court may decide whether or not to integrate the Philippine Bar at this time.

ISSUE

Whether or not the Court have the power to integrate the Philippine Bar.

RULING

Yes.

Under Article VIII, Sec. 13 of the Constitution, "to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law."

In providing that "the Supreme Court may adopt rules of court to effect the integration of the Philippine Bar," Republic Act 6397 neither confers a new power nor restricts the Court's inherent power, but is a mere legislative declaration that the integration of the Bar will promote public interest or, more specifically, will "raise the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively."