Abogado Para Sa Bayan Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 Al1:13 SENATE S. No. _ Introduced by Senator Francis G. Escudero AN ACT ESTABLISHING A LEGAL SCHOLARSHIP AND RETURN SERVICE PROGRAM FOR DESERVING STUDENTS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The Bill of Rights directs the State to uphold the right of every citizen to free access to the courts and quasi-judicial bodies and ensure that adequate legal assistance shall not be denied to any person by reason of poverty. However, in many communities around the country, the shortage of government lawyers, prosecutors, public attorneys, and legal aid providers remains a barrier to the effective exercise of such rights. This bill seeks to address this gap by establishing the Legal Scholarship and Return Service Program which will provide financial support to prospective or current law students, who would then be required to perform return service, thereby delivering legal services particularly to the poor and marginalized sectors, and to public servants in need of legal protection in connection to the performance of their respective duties and functions. Through this proposed measure, public legal institutions will be strengthened, the quality of public legal services will be enhanced, legal education will be democratized and public service culture among legal professionals will be promoted. In line with these intentions, the passage of the bill is hereby sought. FRANCIS G. ESCUDERO

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) JU. 14 N1:13 SENATE 12: S. No. _ Introduced by Senator Francis G. Escudero AN ACT ESTABLISHING A LEGAL SCHOLARSHIP AND RETURN SERVICE PROGRAM FOR DESERVING STUDENTS, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Abogado Para sa Bayan

2 Act.

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

uphold the right to free access to the courts and quasi-judicial bodies and ensure that 5 adequate legal assistance shall not be denied to any person by reason of poverty. 6 Towards this end, and in cognizance of the constitutional directive to provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection, the State shall establish a legal scholarship and return service program to assist deserving students pursue legal education who shall eventually render legal services in government offices.

Sec. 3. Legal Scholarship and Return Service Program. - There shall be

established a Legal Scholarship and Return Service (LSRS) Program for deserving students who intend to pursue a Juris Doctor degree in state universities and colleges (SUCs) or in partner private higher education institutions (HEls) in regions where there are no SUC offering Juris Doctor degree. The LSRS Program shall provide the following benefits to qualified legal education students:

(a) Free tuition and other school fees, including but not limited to: student registration fees, library fees, and publication fees; (b) Allowance for prescribed books and supplies; (c) Allowance for review fees for government-mandated bar exams; and (d) Allowance for licensure fees.

Sec. 4. Qualifications and Requirements. - In order to be qualify for the grant

7 of scholarship under the LSRS Program, a prospective or current legal education 8 student must satisfy the following requirements: (a) Must be a Filipino citizen residing in the Philippines; (b) Must not have completed a Juris Doctor or Bachelor of Laws degree from 11 any HEI offering legal education; (c) Must be a graduating student or a graduate of an undergraduate degree program; and (d) Must have passed the entrance examination and complied with other requirements for admission into the Juris Doctor degree program offered by the SUC or private HEI where the student intends to enroll.

Sec. 5. Conditions for the Grant of Legal Scholarship. - Qualified students

accepted into the LSRS Program shall be subject to the following conditions: (a) Must sign an agreement stating the terms and conditions of the scholarship which shall be prescribed by the Legal Education Board (LEB); (b) Must carry full load of subjects prescribed per semester by the SUC or private HEI concerned, and shall not, under any circumstance, drop a course which would result in underloading; (c) Must finish the Juris Doctor degree program within the prescribed time frame of the SUC or private HEI where the scholar is enrolled in, subject to the retention policies of the SUC or private HEI concerned: Provided, That a scholar who is already enrolled, may be allowed, for valid and justifiable reasons, to file a leave of absence; (d) Must take the bar examination within a maximum period of one (1) year after completion of the Juris Doctor degree; (e) Must render return service as provided under Section 7 of this Act.

Section 6. Disqualifications. - The scholarship grant shall terminate, and the

recipient of legal scholarship shall repay the full cost of scholarship and related benefits received, including all the expenses incurred during the participation in the LSRS 4 program, in case of the following circumstances: (a) If the scholar fails to meet the academic requirements or to complete the 6 course within the prescribed period without valid cause as may be determined by the 7 SUC or private HEI concerned; (b) If the scholar commits gross misconduct in a manner that would bring 9 significant damage to the LEB, SUC or private HEI concerned or to the community as 10 a whole.

Sec. 7. Mandatory Return Service. - Within five (5) years from admission to the

practice of law, a scholar shall render mandatory return service for two (2) years in government agencies, including, but not limited to: the Public Attorney's Office, National Prosecution Service, Department of Education, Department of Environment and Natural Resources, Department of the Interior and Local Government, Department of Health, Department of Justice, Department of National Defense, Department of Social Welfare and Development, the Courts, or in government agencies and instrumentalities that provide legal services to: (i) poor and marginalized individuals and communities, and (ii) public school teachers, public health workers, and military and uniformed personnel involved in cases arising from or in connection with the performance of their duties and functions: Provided, That the mandatory return service shall be separate and distinct from the Clinical Legal Education Program as provided under Rule 138-A of the Rules of Court: Provided, further, That beneficiaries of LSRS Program appointed to plantilla positions shall receive the appropriate salaries, benefits and other emoluments for services rendered under the mandatory return service; Provided, furthermore, That beneficiaries of LSRS Program who, after three (3) years from admission to the practice of law, fails to secure appointment in government shall have the option to: (i) pay the full cost of scholarship and related benefits received, including all the expenses incurred during the participation in the LSRS Program; or (ii) undertake alternative compliance program to be formulated by the LEB pursuant to the provisions of this Act and Republic Act (RA) No. 9999,

1 otherwise known as the Free Legal Assistance Act of 2010: Provided, finally, That in the application of Republic Act No. 9999, the allowable deduction from the gross income shall be the amount that could have been collected from the actual free legal services rendered or up to twenty percent (20%) of the gross income derived from the actual performance of the legal profession, whichever is lower.

Sec. 8. Number and Allocation of Students to be Admitted in the Program. -

Prior to the implementation of this Act and every five (5) years thereafter, the LEB shall, in consultation with Philippine Association of Law Schools and participating HEIs and upon the assessment of the shortage of legal practitioners in the public sector, 10 determine the appropriate number and geographic allocation of scholars to be 11 admitted in the LSRS Program.

Sec. 9. Harmonization with the Clinical Legal Education Program. - Pursuant to

Section 5 (5), Article VIII of the Constitution, the Legal Education Board shall adopt

the policy on the Revised Law Student Practice Rule, ensure that law students participate in the clinical legal education programs in all legal education institutions, define the scope of service to be rendered by law students in the said program, contribute to access to justice of the marginalized sectors, enhance learning opportunities of law students, instill among them social responsibility and awareness, and prepare them for the practice of law.

Section 10. Sanctions. - Any lawyer who has availed of the benefits under the

LSRS Program but fails or refuses to comply with the mandatory return service as provided under this Act shall be required to pay twice the amount of scholarship, including other benefits received by reason of participation in the LSRS Program: Provided, That the penalty imposed herein shall not apply to lawyers who fail to comply with the required return service by reason of force majeure or not due to their fault or negligence.

Sec. 11. Appropriations. - The amount necessary for the implementation of this

Act shall be included in the annual General Appropriations Act.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the LEB shall, in consultation with the Philippine Association of Law Schools, Philippine Association of State Universities and Colleges and

1 Commission on Higher Education, promulgate the rules and regulations to effectively 2 implement the provisions of this Act.

Sec. 13. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders,

rules and regulations, or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect immediately following its

publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,