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IBP Membership Case

Marcial Edillon, a practicing attorney, was recommended for removal from the Roll of Attorneys by the IBP Board of Governors for failing to pay membership dues to the IBP. Edillon argued that being compelled to be an IBP member violated his constitutional right to freedom of association. The Supreme Court ruled that the IBP is the official organization for lawyers in the Philippines, so requiring payment of dues to maintain membership is a valid exercise of state power and does not violate freedom of association. The Court also has jurisdiction over admission to the practice of law and integration of the Bar based on the 1973 Constitution. Edillon's name was ordered stricken from the Roll of Attorneys for refusing to pay IBP d

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25 views1 page

IBP Membership Case

Marcial Edillon, a practicing attorney, was recommended for removal from the Roll of Attorneys by the IBP Board of Governors for failing to pay membership dues to the IBP. Edillon argued that being compelled to be an IBP member violated his constitutional right to freedom of association. The Supreme Court ruled that the IBP is the official organization for lawyers in the Philippines, so requiring payment of dues to maintain membership is a valid exercise of state power and does not violate freedom of association. The Court also has jurisdiction over admission to the practice of law and integration of the Bar based on the 1973 Constitution. Edillon's name was ordered stricken from the Roll of Attorneys for refusing to pay IBP d

Uploaded by

Pretzel Tsang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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In the matter of IBP Membership Dues Delinquency of Atty. Marcial A.

Edillon
● Respondent is a duly licensed practicing Attorney in the PHs.
● Nov. 29, 1975 - IBP Board of Governors unanimously adopted Resolution No. 75-65 in AC No. MDD-1 recommending to Court the
removal of the respondent’s name from the Roll of Attorneys for “stubborn refusal to pay his membership dues” to the IBP.
○ 1/21/76 - resolution submitted to SC for consideration & approval (IBP By-Laws)
● Respondent: Provisions infringes on one of his constitutional rights.
○ being compelled to be IBP member is violative of constitutional freedom to associate (and not to associate).Court Rule & IBP
By-Laws void & no force.
○ SC jurisdiction to remove his name from the Roll of Attorneys, as said matter is not a justiciable case but rather
“administrative” in nature.
ISSUE: Marcial disbarred for failing/refusing to pay annual dues to IBP
● name be stricken from the Roll of Attorneys.
● To compel lawyer to be IBP is not violative of his constitutional freedom to associate.
○ IBP is an official national organization in which every lawyer, once he passes the Bar, becomes a member. Bar integration
doesn’t compel lawyer to associate; only compulsion one is subjected is payment of annual dues. The compulsion to be a
member of the IBP is justified as an exercise of police power of the State.
● Rule requiring payment of a membership fee can’t be considered unconstitutional, for there’s nothing in Constitution that prohibits
Court to promulgate such rules.
○ Penalty provision enforcement (Sec10) wouldn’t amount to property deprivation w/o due process, & therefore isn’t
unconstitutional. Being a bar member isn’t a right, but a privilege, & for one to enjoy this privilege, one must subject himself
to regulations established by authorities, including the payment of annual dues.
● SC jurisdiction over case at bar was reinforced by 1973 Constitution when it granted judicial body the power to “promulgate rules
concerning pleading, practice, xxx & the admission to the practice of law & integration of the Bar. (Article X, Sec. 5(5))

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