View full case

LETTER OF ATTY. CECILIO Y. AREVALO

FACTS:

Atty. Cecilio Y. Arevalo, Jr., requested exemption from paying Integrated Bar of the Philippines (IBP) dues amounting to P12,035.00, claiming unpaid accountability for the years 1977-2005. He argued that he should not be required to pay IBP dues for the years he worked in the Philippine Civil Service and the USA. The IBP was asked to comment on the matter, to which they responded that membership in the IBP is not based on the actual practice of law. The IBP maintained that there is no rule allowing exemption from payment of annual dues, and instead, voluntary termination and reinstatement of membership is allowed. The petitioner replied, questioning the IBP's policy and arguing that it violates the equal protection clause and due process clause. He also asserted that he has not been earning income from his law practice and that the non-practice of law by an inactive lawyer does not harm active practitioners or the community. The issue at hand is whether the petitioner is entitled to exemption from paying dues during periods of inactivity in the practice of law. The court ruled against the petitioner, stating that the Integrated Bar is a State-organized Bar to which every lawyer must belong, and therefore, lawyers are subject to rules and payment of fees for the effective discharge of the Bar's purposes.

ISSUES:

  1. Whether or not petitioner is entitled to exemption from payment of his Integrated Bar of the Philippines (IBP) dues during the time that he was inactive in the practice of law.

RULING:

  1. Petitioner is not entitled to exemption from payment of his IBP dues during the time that he was inactive in the practice of law.

PRINCIPLES:

  • An "Integrated Bar" is a State-organized Bar, to which every lawyer must belong. It is an official national body of which all lawyers are required to be members. They are subject to all the rules prescribed for the governance of the Bar, including the requirement of payment of a reasonable annual fee for the effective discharge of the purposes of the Bar, and adherence to a code of professional ethics.

  • Membership in the IBP is not based on the actual practice of law. A lawyer continues to be included in the Roll of Attorneys as long as he continues to be a member of the IBP.

  • The validity of imposing dues on IBP members has been upheld as necessary to defray the cost of an Integrated Bar Program.

  • There is no rule allowing the exemption of payment of annual dues for inactive lawyers. The only options available are voluntary termination and reinstatement of membership.

  • The IBP Board of Governors is discussing proposals for the creation of an inactive status for its members, which if approved by the Board and the Supreme Court, will exempt inactive IBP members from payment of the annual dues.