Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 201

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO.

NPLANATORY NOTE

ion of
ion

ie seeks to institutionalize the paralegal profession and its practice and the
jonal Regulatory Board for Paralegals under the Professional Regulation Commi

a Profes

(PRC).

time that Congress institutionalize the paralegal profession which will recognize existing
qualified practitioners and encourage more people to pursue this profession with appropriate
license and recognition

The passage of this bill will improve the existing poo! of skilled professionals in the country that
can perform substantive work that requires legal knowledge and training as well as foster more

competitive compensation.

This is a refiled bill from the 18"* Congress principally authored by Hon. Xavier Jesus D.
Romualdo,

The support of the Members of Congress for the speedy appraval of this measure is most carnestly
sought

JURDI S M. ROMUALDO



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon Cit

NINETEENTH CONGRESS
First Regular Session

201

HOL

E BILL NO._

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

AN ACT

PROFESSIONALIZING PARALEGAL PRACTICE IN THE PHILIPPINES, CREATING
FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD FOR PARALEGALS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE IT
Title, Declaration of Policy, and Objectives

SECTION 1. Title. — This Act shall be known as the “Philippine Paralegal Act of
2021."

SEC. 2. Declaration of Policy. — The State recognizes the importance of
professional paralegals in nation building and development. Hence, it shall develop and
nurture competent, virtuous, productive, and well-rounded professional paralegals whose
standards of practice and service shall be excellent and globally competitive through honest,
effective, relevant, and credible licensure examinations and through regulatory programs,
measures, and activities that foster their professional growth, social responsibility, and
development.

SEC. 3. Objectives. — This Act shall govern the following:

a. National licensure examination, registration of paralegals, and issuance of
certificates of registration and professional identification cards;

b. Supervision, control, and regulation of paralegal practice;

¢. Integration of paralegals under one national organization; and

d. Development of professional competence of paralegals.

ARTICLE IT

Definition of Term and Scope of the Practice


SEC. 4. Definition of Paralegal. — As used in this Act, a paralegal is a person who
is not a member of the Philippine Bar and who by education, training, or experience, performs
substantive legal work requiring the recognition, evaluation, organization, analysis, and
communication of relevant facts and legal concepts.

SEC. 5. Scope of the Practice of Paralegal Service. — Paralegal service shall deal
with the performance of the functions of the paralegal, which shall include the following:

a. Preparation and review of legal documents, such as affidavits, motions, and
contracts;

b. Representation on behalf of a party in small claims cases;

c. Representation on behalf of a party in barangay conciliation proceedings;

d. Investigation and fact-finding;

e. Legal research;

f. Development and review of organizational policies, procedures, programs, and
other legal matters;

9. Coordination with government agencies and courts; and

h. Legal support for persons engaged in the practice of law.

ARTICLE III
Creation of the Professional Regulatory Board for Paralegals

SEC. 6, Creation and Composition of the Professional Regulatory Board for
Paralegals. — There is hereby created a Professional Regulatory Board for Paralegals,
hereinafter referred to as the Board, under the administrative supervision and control of the
Professional Regulation Commission (PRC). The Board shall be comprised of a Chairperson
and four (4) Members who shall be appointed by the President of the Philippines from the
three (3) persons recommended for each position by the PRC, who, in turn, must be among
the list of five (5) qualified nominees for each position submitted by the accredited and
integrated national professional organization of paralegals. The Board shall be constituted
within three (3) months from the effectivity of this Act.

SEC. 7. Qualifications of Chairperson and Members of the Board. — The
Chairperson and Members of the Board must possess the following qualifications:

A natural born citizen and resident of the Philippines;
Of good reputation and moral character;

. A practicing paralegal;

. Not_a member of the faculty of a university, college, school, or institution
conferring the academic degree on legal management and paralegal studies or
offering review classes for the paralegal licensure examination, nor has a direct or
indirect pecuniary interest in any such institution; and

e. Not an incumbent officer of the accredited and integrated national professional

organization of paralegals.

enge

SEC. 8. Tenure of Office for the Chairperson and Members of the Board —
The Chairperson and the Members of the Board shall hold office for a term of three (3) years



from the date of their appointment or until their successors shall have been appointed:
Provided, That the first Members appointed Board shall hold office for the following term:
one (1) member as Chairperson, to serve for three (3) years; two (2) Members, to serve for
two (2) years; and two (2) Members, to serve for one (1) year. The Chairperson and the
Members of the Board may be reappointed for a second term but in no case shall they serve
continuously for more than six (6) years. Any vacancy in the Board shall be filled for the
unexpired portion of the term of the member who vacated the position. The Chairperson and
Members of the Board shall take the proper oath of office prior to the assumption of duty.
The first Chairperson and Members of the Board appointed shall automatically be registered
and issued Certificates of Registration and Professional Identification Cards.

SEC. 9. Meetings of the Board. The Board shall have a regular meeting once a
month. Special meetings may also be held upon call of the Chairperson or by request of at
least three (3) Members. Reasonable notice of all meetings shall be given in the manner
prescribed by the rules of the Board.

SEC. 10. Compensation and Allowances of the Chairperson and Members of
the Board. — The Chairperson and the Members of the Board shall receive compensation
and allowances comparable to the compensation and allowances received by the chairpersons
and the members of existing professional regulatory boards under the Commission, as
provided for in the General Appropriations Act.

SEC. 11. Powers, Functions, and Duties of the Board. — The Board shall
exercise executive, administrative, rule-making, and quasi-judicial powers in carrying out the
provisions of this Act. It shall be vested with the following specific powers, functions, duties,
and responsibilities:

a. Promulgate, administer, and enforce rules and regulations necessary to carry out
the provisions of this Act;

b. Prepare, adopt, issue or amend the syllabi or terms of specification of subjects for
the paralegal licensure examination consistent with the policies and standards set
by the Commission on Higher Education (CHED);

. Evaluate and approve applications for licensure examination;

|. Administer oaths and issue Certificates of Registration and the Professional
Identification Card to persons admitted to the practice of the paralegal profession;

e. Prescribe guidelines in the Continuing Professional Development (CPD) in
coordination with the accredited and integrated national professional organization
of paralegals;

f. Recommend measures necessary for the upgrading, enhancement, development
and growth of the paralegal profession in the Philippines,

g. Monitor the conditions affecting paralegal practice and, when necessary, adopt
such measures as may be deemed proper for the enhancement and maintenance
of high ethical, moral, and professional standards for paralegals;

h. Adopt and prescribe a Code of Professional Ethics and a Code of Technical
Standards for paralegals,

ap

i, Conduct inspection and monitoring of establishments where the paralegal
profession is practiced, and of higher educational institutions where paralegal
courses are being offered, in coordination CHED, to ascertain that professional
standards are complied with;



j. Ensure, in coordination with CHED, that all institutions offering legal management
and paralegal studies comply with prescribed standards for curriculum, faculty,
and facilities;

k. Supervise and regulate the registration, licensure, and practice of paralegals in the
Philippines;

|. Adopt a program for the full computerization of the licensure examination for
paralegals;

m. Issue, reinstate, suspend, or revoke the Certificate of Registration and Professional
Identification Card or grant or cancel a temporary/special permit;

n. Issue Certificates of Recognition for advanced studies, researches and
accomplishments that contribute to the enrichment of the profession;

0. Adopt policies and set the standards for all types of paralegals; and

p. To discharge other powers and duties as the Board may deem necessary for the
paralegal practice and the continued growth and development of paralegals and
paralegal education in the Philippines.

The policies, resolutions, rules and regulations issued or promulgated by the Board
shall be subject to review and approval of the Commission. However, the Board’s decision,
resolution, or order rendered in administrative cases shall be subject to review only on appeal.

SEC. 12. Removal or Suspension of the Chairperson or Members of the
Board. — The Chairperson or any Member of the Board may be suspended or removed upon
due notice and hearing by the President of the Philippines, upon the recommendation of the
Commission, for neglect of duty, abuse of power, oppression, incompetence, unprofessional,
unethical, immoral, or dishonorable conduct, commission or toleration of irregularities in the
conduct of examination or tampering of the grades therein, or for any final judgment or
conviction of any criminal offense involving moral turpitude. The rights of Chairperson and
Members to be due process and to be assisted by counsel shall be respected in the proper
administrative proceedings to be conducted for the purpose.

SEC. 13. Supervision of the Board, Custodian of Its Records, Secretariat,
and Support Services. — The Board shall be under the general supervision and
administrative contro! of the Commission. All records of the Board, including applications for
examination, examination papers and results, minutes of deliberations, administrative and
other investigative cases involving paralegals, shall be kept by the Commission. The
‘Commission shall designate the secretary of the Board and shall provide the secretariat and
other support services to implement the provisions of this Act subject to the usual government
accounting and auditing rules and regulations.

SEC. 14, Annual Report. — The Board shall, at the close of each fiscal year, submit
an annual report to the Commission, giving a detailed account of its proceedings and
accomplishments during the year and recommending measures to be adopted with the end-
in-view of upgrading and improving the conditions affecting paralegal practice in the
Philippines.

ARTICLE IV

Licensure Examination and Registration


SEC. 15. Licensure Examination. — Applicants for registration, except those
specifically allowed under Section 22 of this Act, shall be required to undergo a written
licensure examination to be given by the Board in such places and dates the Commission may
designate subject to compliance with the requirements prescribed by the Commission.

SEC. 16. Qualifications for Examination. — Applicants for licensure examination
must meet the following qualifications at the time of filing of applications:

a. Citizen and resident of the Philippines: Provided, that citizen of a foreign country
may be allowed to take the examination, subject to the requirement of reciprocity
pursuant to Section 31 of this Act;

b. Possesses good moral character and must not have been convicted of any crime
involving moral turpitude;

c. Graduate of a Bachelor's degree conferred by a school, college, or university
recognized and duly accredited by CHED: Provided, That six (6) years after the
effectivity of this Act, only the graduates of the following degrees shall be allowed
to qualify for application to the licensure examination:

1. Bachelor of Science in Legal Management;

2. Bachelor of Science in Paralegal Studies; and

3. Any bachelor’s degree in arts and sciences with at least eighteen (18) units
in professional paralegal practice.

All applications for examination shail be filed with the Board which shall assess and
approve said applications and issue to the qualified examinees the corresponding permits to
take such examination.

SEC. 17. Scope of Examination. — The licensure examination shall cover, but not
be limited to, the following subjects:

Government;
The Judicial system;

Civil, criminal, and quasi-judicial procedures;

Jurisdiction of local government units;

Ethical standards of paralegals;

Obligations and commercial contracts;

Tax and labor law compliance; and

Rules, regulations and procedures of various administrative agencies.

Ferpooge

The Board may also re-cluster, rearrange, modify, add, or exclude any of the foregoing
subjects as the need arises and may recommend to CHED changes in said subjects to conform
to developments in the paralegal profession.

SEC. 18. Rating in the Examination. — To pass the licensure examination, a
candidate must obtain a passing rating of seventy five percent (75%) in each subject given
during the examination; Provided, however, That an examinee who obtains a passing rating
in the majority of the subjects but obtains a rating in the other subjects below seventy five
percent (75%) but not lower than sixty percent (60%), shall be allowed to take one removal
examination on the subjects where the passing rating was not obtained; Provided, finally,


That should the examinee fail to obtain a passing rating in the removal examination, the
examinee shall be considered as having failed the entire licensure examination.

SEC, 19. Report of Results of Examination. — The Board shall report to the
Commission the results of the examination and the ratings of the examinees within sixty (60)
days after the examination unless extended by the Commission for just and valid cause.

SEC. 20. Oath of Profession. — All successful examinees qualified for registration
and all qualified applicants for registration without examination shall be required to take an
cath of profession before any Commission Officer, or Member of the Board or any government
official authorized to administer oaths, prior to entering into paralegal practice in the
Philippines.

SEC, 21. Issuance of Certificate of Registration and Professional
Identification Card. — The Commission, on recommendation of the Board, shall issue a
Certificate of Registration and Professional Identification Card to each person who passed the
licensure examination for paralegals and to those who are registered without examination
under this Act and shail enter the name of the registered professional in the Roster of
Paralegals. The Certificate of Registration shall bear the signature of the Chairperson of the
Commission and the Chairperson and Members of the Board, stamped with official seals of
the Board and Commission indicating that the person named therein is entitled to the practice
of the profession with all the privileges appurtenant thereto. The said Certificate of
Registration shall remain in full force and effect until suspended or revoked in accordance
with this Act. A Professional Identification Card bearing the name and signature of the
registrant, registration number, date of issuance, expiry date, duly signed by the Chairperson
of the Commission, shall likewise be issued to every registrant who has paid the prescribed
fee.

Section 22. Registration Without Examination. — Upon application and
payment of the required fees, the following shall be registered, and shall be issued by the
Board and the Commission a Certificate of Registration and a Professional Identification Card
without taking the prescribed examination:

a. Those who, upon the effectivity of this Act, have been issued a certificate of
completion of the Paralegal Training Program offered by the University of the
Philippines Law Center and been a member of good standing of the Paralegal
Training Program Alumni Association, Inc. for at least two (2) years;

b. Those who, upon the effectivity of this Act, have been issued a certificate of
completion of OPLAN Jail Decongestion spearheaded by the National Committee
‘on Legal Aid (NCLA) of the Integrated Bar of the Philippines (IBP) and been
providing paralegal services for at least (2) years;

c. Those who, upon the effectivity of this Act, have been issued a certificate of
completion of the Bureau of Jai! Management and Penology (BJMP) paralegal
program and been BJMP paralegal officers for at least two (2) years; and

d. Those who, upon the effectivity of this Act, hold permanent appointments and
have at least two (2) years of actual experience in providing paralegal services.


Those so exempt under the aforementioned categories shall file their application
within two (2) years from the effectivity of this Act: Provided, That the renewal of their
professional identification cards shall be subject to the provisions of Section 21 hereof.

SEC. 23. Refusal to Issue Certificate of Registration and Professional
Identification Card. — The Board shall not register any successful examinee nor any
applicant for registration without examination if he or she has been convicted by a court of
competent jurisdiction of any criminal offense involving moral turpitude or has been found
guilty of immoral and dishonorable conduct after investigation of the Board, or has been
declared to be of unsound mind. The reason for the refusal shall be set forth in writing.

SEC. 24. Revocation and Suspension of Certificate of Registration and
Professional Identification Card or Cancellation of Temporary/Special Permit. —
The Board shall have the power, after due notice and hearing, to revoke or suspend the
Certificate of Registration or cancel a temporary or special permit of any paralegal on any of
grounds under Section 23 of this Act, or for any of the following: unprofessional or
dishonorable conduct in paralegal practice; fraud; deceit or falsification in obtaining a
certificate of registration, professional identification card, or temporary/special permit;
abetment of illegal practice by allowing illegal use of his/her Certificate of Registration, or
Professional Identification Card, or temporary or special permit; practice of profession during
the period of suspension; or any violation of this Act, its Implementing Rules and Regulations,
the Code of Ethics or the Code of Technical Standards for Paralegals, or Board policies. The
respondent may appeal the Board's decision, order or resolution to the Commission within
fifteen (15) days from receipt thereof.

SEC. 25. Reissuance of Revoked Certificate of Registration and
Replacement of Lost Certificate of Registration and Professional Identification
Card. — The Board after two (2) years from the date of revocation of the Certificate of
Registration may reissue a certificate upon proper application. A new Certificate of
Registration and Professional Identification Card, or temporary or special permit, which has
been lost, destroyed or mutilated, may be reissued after payment of the required fee
prescribed by the Commission.

SEC. 26. Roster of Paralegals. — The Board, in coordination with the accredited
and integrated national organization of paralegals, shall maintain an up-to-date, complete
and properly organized Roster containing the following data:

a. alphabetical list by surname of paralegals with their addresses and license
numbers;

b. the list of licensees, numerically arranged by license numbers; and

c. such other lists which the Board may deem necessary.

Copies of the Roster, which shall be provided to the National Library, the Civil Service
Commission, and the accredited national organization of paralegals, shall be kept as a
permanent record.

ARTICLE V

Paralegal Practice


SEC, 27. Prohibitions and Limitations in the Paralegal Practice. — No person
shall practice or offer to practice as a paralegal in the Philippines or offer oneself as a
paralegal, or use the title, word, letter, figure, or any sign tending to convey the impression
that one is a paralegal or advertise or indicate in any manner whatsoever as qualified to
perform the work of a paralegal unless the person satisfactorily passed the licensure
examination given by the Board, except as otherwise provided in this Act, and is a holder of
a valid certificate of registration and a valid professional license or a valid temporary special
permit duly issued by the Board and the Commission.

SEC. 28. Other Prohibited Acts. — No person shail:

a. Represent oneself as a paralegal during the time that the professional license is
not valid, or that the Certificate of Registration has been suspended or revoked,
or that the temporary special permit is cancelled;

b. Allow another person to use one's Certificate of Registration and/or professional
license or temporary special permit as a paralegal to enable the person to engage
in the practice of paralegal;

c. Use the Certificate of Registration or professional license or special temporary
permit of another paralegal.

SEC. 29. Continuing Professional Development (CPD) Program — The CPD
guidelines shall be prescribed and promulgated by the Commission upon consultation with
the Board, which shall consult the integrated APO of paralegals, affiliated association of
paralegals, and other concerned sectors. The Board shall create a CPD Council that shall be
composed of a Chairperson coming from the Board, a member from the APO of paralegal and
a member from the academe.

SEC. 30. Integration of Paralegals — All paralegals shall be integrated into one
(1) national organization, which shall be recognized by the Board and by the Commission as
the one and only integrated APO of paralegals. A paralegal duly registered with the Board
shall automatically become a member of the integrated APO of paralegal, and shall receive
the benefits and privileges thereto, upon payment of the required fees and dues. Membership
in the integrated APO shall not be a bar to membership in other associations of paralegals.

SEC. 31. Foreign Reciprocity — No foreign paralegal shall be admitted to the
licensure examination, or be given a certificate of registration and a professional license, or
be entitled to any of the privileges under this Act, unless the country of which he or she is a
subject or citizen specifically permits Filipino paralegal to practice within its territorial limits
under the same conditions and an equal basis as its own subjects or citizens.

SEC. 32. Indication of License and Privilege Tax Receipt - A paralegal shall be
required to indicate the registration or professional number and date of issuance, the duration
of validity, including the Professional Tax Receipt number on the documents one signs, or
issues in connection with the practice of the profession.

ARTICLE VI

Penal and Final Provisions


SEC. 33, Penal Provisions. — Any violation of this Act, including violations of its
Implementing Rules and Regulations, shall be meted the penalty of a fine of not less than
fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos
(P500,000.00) or imprisonment of not less than six (6) months but not more than four (4)
years, or both such fine and imprisonment upon the discretion of the court. In case the
Violation is committed by an unlicensed paralegal, the penalty shall be double the aforesaid
fine and imprisonment.

In case the violation is committed by a partnership, corporation, association, or any
other juridical person, the partner, president, director, or manager who has committed or
consented to or knowingly tolerated such violation shall be held directly liable and responsible
for the acts as principal or as a co-principal with the other participants, if any.

SEC, 34, Appropriations. — The Chairperson of the Commission shall immediately
include in the Commission's programs the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act and thereafter.

SEC. 35. Implementing Rules and Regulations. — Within six (6) months after
the effectivity of this Act, the Board, subject to the approval of the Commission, shall
promulgate, adopt, and issue rules and regulations, and the Code of Ethics and the Code of
Technical Standards for Paralegals which shall take effect fifteen (15) days following
publication in the official Gazette or newspaper of general circulation.

SEC, 36. Separability Clause. — If any clause, sentence, paragraph, or part of this,
Act shall be declared invalid or unconstitutional, the other provisions not affected thereby
shall remain valid and subsisting.

SEC. 37. Repealing Clause. — All laws, presidential decrees or issuances, executive
orders, letters of instruction, administrative orders, proclamations, charters, rules, or
regulations, or parts thereof, contrary to or inconsistent with the provisions of this Act are
hereby repealed, modified, or amended accordingly.

SEC, 38, Transitory Provision. — All incumbent paralegals in both the public and
private sector not otherwise certified as paralegals by virtue of this Act shall be given six (6)
years temporary certificates from the time the Board is organized within to qualify as required
of this Act and be included in the Roster.

SEC. 39. Effectivity Clause. — This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or a newspaper of general circulation.

Approved,