IBP Dues: Why Non-Practicing Lawyers Must Still Pay Membership Fees

The Supreme Court has long held that membership in the Integrated Bar of the Philippines (IBP) is not optional—it is a condition for the privilege of practicing law. But what happens when a lawyer stops practicing, whether due to government service, retirement, or working abroad? Must they continue paying IBP dues? In Letter of Atty. Cecilio Y. Arevalo, Jr., Requesting Exemption from Payment of IBP Dues (B.M. No. 1370, May 9, 2005), the Court answered with a firm "yes."

The Facts of the Case

Atty. Cecilio Y. Arevalo, Jr. was admitted to the Philippine Bar in 1961. From July 1962 to 1986, he worked in the Philippine Civil Service, where government rules prohibit the practice of one's profession. He then migrated to the United States in December 1986 and worked there until his retirement in 2003.

When the IBP assessed him P12,035.00 in unpaid annual dues for 1977 to 2005, Arevalo sought exemption. He argued that he could not be charged for years he spent in government service (since he could not practice law) or for years he worked abroad.

The Issue

The central question was straightforward: Is a lawyer exempt from paying IBP dues during periods when he is not actively practicing law?

The Ruling: No Exemption for Inactive Lawyers

The Supreme Court denied Arevalo's request and ordered him to pay the full assessed amount within ten days, warning that failure to do so would result in suspension from the practice of law.

The Court explained that an integrated bar is a State-organized body to which every lawyer must belong. Integration means the official unification of the entire lawyer population. This requires membership and financial support from every attorney as a condition sine qua non to the practice of law and to retaining one's name in the Roll of Attorneys.

The only compulsion imposed on a lawyer is the payment of annual dues. The Court emphasized that the dues are not a tax but a regulatory fee—a reasonable exaction to defray the cost of improving the legal profession. As the Court noted in In re Integration of the Bar of the Philippines (January 9, 1973), the public interest promoted by bar integration far outweighs the slight inconvenience of paying annual dues.

The Privilege, Not Right, to Practice

Arevalo also argued that removing his name from the Roll of Attorneys for nonpayment would deprive him of property without due process. The Court rejected this, citing In re Atty. Marcial Edillon (A.C. No. 1928, August 3, 1978): the practice of law is not a property right but a mere privilege, subject to the Court's inherent regulatory power. A penalty designed to enforce payment—which can be avoided entirely by paying—is not void as unreasonable or arbitrary.

What a Lawyer Should Do Before Leaving

The Court noted one practical option: a lawyer who plans to stay abroad can inform the IBP Secretary of that intention. In such a case, membership can be terminated, and the obligation to pay dues stops. At the time of the decision, the IBP Board of Governors was also considering creating an "inactive status" for members, which would exempt them from dues. But until such a rule is approved, all lawyers—active or not—must pay.

Practical Takeaways

• IBP dues are mandatory for every lawyer, regardless of whether they are actively practicing, in government service, retired, or living abroad.
• Nonpayment carries serious consequences, including suspension from the practice of law and removal from the Roll of Attorneys.
• The practice of law is a privilege, not a right, and the Court may impose reasonable conditions, including the payment of dues, to regulate the profession.
• If leaving the country for an extended period, a lawyer may terminate IBP membership by notifying the IBP Secretary, thereby stopping the accrual of dues.
• No exemption exists under current rules, so lawyers should plan their finances accordingly, even during periods of inactivity.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.