Abogado Para Sa Bayan Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -4 P5:01 SENATE RECEIVED S. No. 836 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING A LEGAL SCHOLARSHIP AND RETURN SERVICE PROGRAM FOR DESERVING STUDENTS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Republic Act No. 11509 or the "Doktor Para sa Bayan Act", which established a Medical Scholarship and Return Service program, was approved by Congress to address the perennial problem of lack of medical professionals especially in the rural areas, and to ensure the assignment of at least one doctor for every municipality. This bill takes a similar route in resolving the deficiency of government lawyers who will represent the poor and the marginalized. In December 2024, it was reported that the Supreme Court lowered the Bar exam passing rate to allow more passers and produce more lawyers.1 In July 2024, the Department of Budget and Management (DBM) approved the creation of 178 new Public Attorney positions "to enable the Public Attorney's Office to better manage the increasing demands for legal representation and services in the 1 "SC lowers Bar exam passing rate to 74% to address shortage of lawyers in PH." December 13, 2024. https://www.gmanetwork.com/news/topstories/nation/929938/sc-lowers-bar-exam-passing-rate-to-74-to- address-shortage-of-lawyers-in-ph/story/

country." DBM noted that PAO handled 787,124 cases and assisted 849,914 clients in 2021, and it rose to 850,753 cases and 900,079 clients in 2022.3 This measure, which was reported out by the Senate Committee on Higher, Technical and Vocational Education during the 19h Congress, provides deserving students the opportunity to pursue and finish legal education by offering free tuition and other school fees, stipend for books and supplies, and allowance for review and licensure fees. In state universities and colleges, the average tuition fee for legal education is around P30,000 per semester; while in private institutions, school fees could run up to P100,000 to P150,000 per semester. In turn, scholar-beneficiaries will render mandatory return service for two (2) years in government agencies. In view of upholding the constitutional right to free access to the courts and to ensure that adequate legal assistance shall not be denied to any person by reason of poverty, the passage of this bill is earnestly sought. ügst JINGGOY EJERCITO ESTRADA 2 "Enhanced legal representation for indigent Filipinos: Pangandaman approves creation of 178 new Public Attorney positions." July 18, 2024. https://www.dbm.gov.ph/index.php/management-2/2873-enhanced-legal- representation-for-indigent-filipinos-pangandaman-approves-creation-of-178-new-public-attorney-positions 3 /bid.

TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -4 P5:01 SENATE RECENT S. No. 836 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING A LEGAL SCHOLARSHIP AND RETURN SERVICE PROGRAM FOR DESERVING STUDENTS, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the 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 adequate legal assistance shall not be denied to any person by reason of poverty. 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 8 have been violated or need protection, the State shall establish a legal scholarship and 9 return service program to assist deserving students pursue legal education who shall 10 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 or Bachelor of Laws degree in state universities and colleges (SUCs) or in partner private higher education institutions (HEIs) in regions where there are no SUC offering Juris Doctor or Bachelor of Laws degree. The LSRS Program shall provide the following benefits to qualified legal 17 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 qualify for the grant of

7 scholarship under the LSRS Program, a prospective or current legal education student must satisfy the following requirements: a) Must be a Filipino citizen residing in the Philippines; b) Must not have completed a Bachelor of Laws or Juris Doctor degree from any HEr 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 or Bachelor of Laws 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 that the terms and conditions of the scholarship which shall be prescribed by the Legal Education Board (LEB); b) Must carry the full load of subjects prescribed per semester by the SUC or private HEl concerned, and shall not, under any circumstance, drop a course which would result in underloading; c) Must finish the Juris Doctor or Bachelor of Laws 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 or Bachelor of Laws degree; e) Must render return service as provided under Section 7 of this Act.

Sec. 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 program, in case of the following circumstances: a) If the scholar fails to meet the academic requirements or to complete the course within the prescribed period without valid cause as may be determined by the SUC or private HEI concerned; b) If the scholar commits gross misconduct in a manner that would bring significant damage to the SUC or private HEI concerned or to the community as a whole.

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

12 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 15 and Natural Resources, Department of the Interior and Local Government, Department 16 of Health, Department of Justice, Department of National Defense, Department of 17 Social Welfare and Development, the Courts, or in government agencies and instrumentalities that provide legal services to (i) poor and marginalized individuals 19 and communities; and (ii) public school teachers, public health workers and military 20 and uniformed personnel involved in cases arising from or in connection with the 21 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 29 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 No. 9999, otherwise known as the Free Legal Assistance Act of 2010: Provided, finally, That in the

1 application of Republic Act No. 9999, the allowable deduction from the gross income 2 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 4 performance of the legal profession, whichever is lower.

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

6 Prior to the implementation of this Act and every five (5) years thereafter, the LEB 7 shall, in consultation with the Philippine Association of Law Schools and participating HEis and upon the assessment of the shortage of legal practitioners in the public 9 sector, determine the appropriate number and geographic allocation of scholars to be 10 admitted in the LSRS Program.

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

12 Article VIII, Section 5, subsection 5 of the Constitution, the Legal Education Board 13 shall adopt the policy on the Revised Law Student Practice Rule, ensure that law 14 students participate in the clinical legal education programs in all legal education 15 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 17 opportunities of law students, instill among them social responsibility and awareness, 18 and prepare them for the practice of law.

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

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

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

2 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, decrees, executive orders, rules and

5 regulations and other issuances or parts thereof which are contrary to or inconsistent with 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 a newspaper of general circulation. Approved,