‘SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) RECEIVED
© oar, 2.0 JAN 2014

HOUSE OF REPRESENTATIVES ey

Introduced by Representative Rufus B. Rodriguez and (//
Representative Maximo B. Rodriguez, Jr.

House Bill No, _ 3697

EXPLANATORY NOTE
The Constitution states that free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty.

In our country, the poor have unequal access to justice and this undermines equality
in society. The poor are particularly likely to face problems accessing justice institutions
because these institutions are remote, slow and unaffordable, or are biased and
discriminatory. Other barriers to justice occur when the poor are not aware of their rights, or
where justice institutions and processes are intimidating or unnecessarily complex. Most
often, the poor are most vulnerable to being abused politically and unable to protect
themselves against the injury and economic loss associated with such abuse. Hence, there
is a need for legal empowerment.

In the Forum on Increasing Access to Justice by the Poor: Bridging Gaps, Removing
Roadblocks held at Cagayan de Oro City from July 30 to July 1, 2008, it was recommended
that to make the costs of litigation affordable, guaranty system or legal insurance for the poor
wherein they may access financial assistance while their cases are pending in court must be
created.

In view thereof, immediate approval of this Bill is sought.

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‘US B. nore
MAXIM@ B. RODRIGUEZ, JR.



SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3697

Al
ESTABLISHING A LEGAL INSURANCE PROGRAM FOR THE POOR

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

Section 1. Declaration of Policy. ~ It is the declared policy of the State that free
access to courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.

Section 2. Establishment of Legal Insurance Program for Poor Litigants. A
Legal Insurance Program for Poor Litigants is hereby created wherein they may access
financial assistance while their cases are pending in court.

Section 3, Benefits under the Legal Insurance program. A poor litigant may avail
of the following benefits while his case is pending in court:
a.) reasonable travelling expenses and subsistence allowance in such
amount as the IBP may determine for his attendance in court;
b,) bond for provisional liberty and for civil liability in such amount as the IBP
may determine depending on the nature of the case and other relevant
circumstances.

Section 4. Who may Avail of Benefits under the Program. - Any person who
qualifies as a poor litigant based on the qualifications used by the Public Attorneys Office
may avail of the benefits under this Program.

Section 5, _ Sources of Fund for the Program. — The Fund to be used for this
Program shall come from the following sources:

a. Ten percent (10%) share from the net income of the Philippine Games and

Amusement Corporation (PAGCOR) over and above the franchise tax and the

‘corporate income tax therefrom;

b. Ten percent (10%) share from the net income of the Philippine Charity

‘Sweepstakes Office (PCSO) over and above the franchise tax and the corporate

income tax therefrom; and

©. Ten percent (10%) share from the net income of the Duty Free Philippines over

and above the franchise tax and the corporate income tax therefrom

Section 6. Rules and Regulations. — The integrated Bar of the Philippines shall
promulgate all rules and regulations for the effective enforcement of the provisions of this
Act.


Section 7. Separability Clause. — The provisions of this Act are hereby declared to
be separable, and in the event any part, section or provision of this Act is held invalid or
unconstitutional, no other part, section or provision thereof shall be affected thereby.

Section 8. Repealing Clause. — All laws, parts of laws, executive orders,
ordinances, rules and regulations which are inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

Section 9. Effectivity. — This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation,

Approved,