Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Continuing Requirements for Membership in the Bar

b. Membership Dues

MEMBERSHIP DUES

Concept

Payment of annual membership dues is a continuing obligation of a lawyer who is a member of the Integrated Bar of the Philippines (IBP). The CPRA requires prompt payment unless the lawyer is expressly exempt under law or rules. The dues are determined by the IBP Board of Governors, subject to Supreme Court approval. (Art. 26, CPRA)1 (Rule 139-A, Sec. 9, Rule 139-A — Integrated Bar of the Philippines)2

Governing provisions

  • Article 26 of the CPRA states the lawyer’s duty to pay annual IBP membership dues promptly and recognizes an express exemption under law or rules. (Art. 26, CPRA)1
  • Rule 139-A, Section 9 provides for the determination and approval of annual dues. It also sets aside a fixed sum equivalent to 10% of each Chapter’s collections as a Welfare Fund for disabled Chapter members and the compulsory heirs of deceased members. (Rule 139-A, Sec. 9, Rule 139-A — Integrated Bar of the Philippines)2
  • Rule 139-A, Sections 10 and 12 govern the consequences of default and the need for final Supreme Court approval of specified disciplinary or Roll-related actions. (Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines)3 (Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines)4

Requisites / Rules

  • Six months of default in paying annual dues warrants suspension of IBP membership, subject to Rule 139-A, Section 12. The provision states a consequence of default, but Section 12 must still be read with it. (Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines)3 (Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines)4
  • One year of default is a ground for removal of the delinquent member’s name from the Roll of Attorneys. The rule describes a ground for removal, not removal that takes effect merely upon the passage of one year. (Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines)3 (Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines)4
  • The Board of Governors must provide grievance procedures in the IBP By-Laws for enforcement and maintenance of discipline. No action involving suspension, disbarment, or removal from the Roll is effective without the Supreme Court’s final approval. (Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines)4

Distinctions

Distinguish delinquency from voluntary termination. Nonpayment for the stated periods triggers the consequences described in Section 10. A member who voluntarily terminates membership instead files written notice with the IBP Secretary, who immediately brings it to the Supreme Court’s attention; the member then ceases to be a member, and the Court strikes the name from the Roll. Reinstatement may be made by the Court under the prescribed and approved rules and regulations. (Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines)3 (Rule 139-A, Sec. 11, Rule 139-A — Integrated Bar of the Philippines)5

Key doctrines

Read the default periods together with the Supreme Court approval requirement. Six months warrants suspension; one year supplies a ground for removal from the Roll. Neither description dispenses with Section 12’s requirement that an action involving suspension or removal receive final Supreme Court approval before it becomes effective. (Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines)3 (Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines)4

Exceptions

A lawyer need not pay annual IBP membership dues if expressly exempt from payment by law or rules. The supplied provisions do not identify a particular exempt class; an exemption should therefore not be assumed from a lawyer’s circumstances alone. (Art. 26, CPRA)1

Bar tip

Remember the sequence: prompt annual payment; six months’ default warrants suspension; one year’s default is a ground for removal. For suspension or removal, add the requirement of final Supreme Court approval. (Art. 26, CPRA)1 (Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines)3 (Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines)4

Authorities

  • Art. 26, CPRA
  • Rule 139-A, Sec. 10, Rule 139-A — Integrated Bar of the Philippines
  • Rule 139-A, Sec. 11, Rule 139-A — Integrated Bar of the Philippines
  • Rule 139-A, Sec. 12, Rule 139-A — Integrated Bar of the Philippines
  • Rule 139-A, Sec. 9, Rule 139-A — Integrated Bar of the Philippines