Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. 82EL
Introduced by Rep. ANGEI.0 MARCOS BARBA
2nd District, Ilocos Norte
EXPIANi¥:IORY NOTE
This measure seeks to provide free legal assistance to all personnel of
the Armed Forces of the Philippines (AFP), Bureau of Fire Protection (BFP),
Bureau of Jail Management and Penology (BJMP),  Philippine Coast Guard
(PCG), and the Philippine National Police (PNP).
Under the proposed legislation, all personnel of the aforementioned
agencies who are facing legal charges shall have the right to receive free legal
counsel and other legal services even after their retirement from service. This
is because this measure acknowledges the potential financial burden that legal
fees  and  other  expenses  may  place  on  the  aforesaid  personnel  and  their
families. In the same way, it recognizes the significant contributions made by
the military and law enforcement personnel to the safety and security of the
country; therefore, it is deemed important that necessary support, such as free
legal assistance, shall be provided to them during their time of need.
In view of the foregoing, the approval of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HouseBi||No.8241
2
Introduced by Rep. ANGEI,0 MARCOS BARBA
2nd District, Ilocos Norte
AVAor
PROVIDING FREE LEGAL ASSISTANCE T0 AIL PERSONNEL
OF THE ARMED FORCES 0F THE PHILIPPINES, BUREAU 0F
FIRE PROTECITON, BUREAU 0F JAIL MANAGEMENT AND
PENOLOGY, THE PHILIPPINE COAST GUARD, AND THE
PHILIPPINE NATIONAL POLICE, FACING ANY CIIARGE BEFORE
THE PROSECUTOR'S OFFICE, COURT, OR ANY COMPETENT
BODY ARISING FROM AN INCIDENT REIATED T0 THE
PERFORMANCE 0F OFFICIAL DUTY, AND APPROPRIATING
FUNDS THEREFOR
Pe it  enacted by  the  Senate  and the  House  Of Represe:i'itatives Of the
Philippines in Congress assembled:
SEcrl0N 1. Short Tt.flo. - This Act shall be known as the "Free Legal
Assistance for Military and Uniformed Personnel Act. "
SECTION 2. Declaran.on a/Poll.q/. -It is hereby declared the policy of
the  State  to  protect the  dignity and  rights  of its  citizens,  including those
responsible for upholding the Constitution, defending the sovereignty of the
country and its teITitory against all enemies, enforcing the laws of the land,
preventing crimes, and maintaining peace and order.
To this end, the State shall provide free legal assistance to military and
uniformed  personnel  (MUP),  including  officers,  uniformed  personnel,  and
civilian employees of the Armed Forces of the Philippines (AFP), the Bureau
of  Fire  Protection  (BFP),  the  Bureau  of  Jail  Management  and  Penology
(BJMP), the Philippine Coast Guard (PCG), and the Philippine National Police
(PNP), in all stages of criminal, civil, or administrative proceedings arising
from service-related incidents.
SECITI0N 3. De/ini.n.o7i o/Terrus. -As used in this Act:
a.  Administrarfue Case shall refer to a case filed against personnel of AFP,
BFP, BJMP, PCG, and PNP before any component body, such as, but
not limited to, violation or infraction of OMBUDSMAN Act, the Civil
Service   Rules   or   Regulations,   or   National   Police   Commission
Memorandum Circular (NAPOLCOM MC) No. 2ol6-oo2;


3
b.  AppJrcanf or reel.pi.enf shall refer to any personnel of AFP, BFP, BJMP,
PCG,  and  PNP  who  applied  or  given  free  legal  assistance  due  to
charge/s arising from an incident related to the performance of his/her
official duty;
c.   Authorized Jatnyer shall refer to a lawyer assigned or designated to
personnel  of  AFP,  BFP,  BJMP,  PCG,  and  PNP  to  represent  the
applicant or recipient in his or her case/s;
d.   a.ui.J case shall refer to the case filed against a personnel of AFP, BFP,
BJMP, PCG, and PNP in connection with the performance of duties or
is related or incidental to his or her official function;
e.   Cr].m[.rtaJ case shall refer to a violation of the Revised Penal Code (RPC)
or Special Penal Ijaw/s filed against a personnel of AFP, BFP, BJMP,
PCG,  and  PNP  arising  out  or  is  connected  with  the  applicant  or
recipient's official duties or functions;
f.    Gouemme7i£ Jatugrer shall refer to a member of the Philippine Bar, in
good  standing,  who  are  Technical  Officers  assigned  at  the  Legal
Services of the AFP, BFP, BJMP, PCG, and PNP;
9.  PersomeJ   shall   refer   to   officers,   enlisted   personnel,   uniformed
personnel, and all civilian components of the AFP, BFP, BJMP, PCG,
and PNP;
h.  Seruz.ce-reJafed cases shall refer to civil, criminal, and administrative
cases  filed  against  personnel  of AFP,  BFP,  BJMP,  PCG,  and  PNP
involving service-related incidents;
i.   Se".ce-reJafed I.nci.dents shall refer to any act or omission committed
by a personnel of AFP, BFP, BJMP, PCG, and PNP in good faith that is
the  consequence  of the  discharge  of their  official  functions  or  the
performance of their duties, or that is relevant to their office or to the
discharge of their official functions.
SPCT±OIN _4,. Quglif ications f tor Free Legal Assistcmce in Cases I"olving
Serut.ce-rezafed Jnct.dents.  - All personnel of the AFP,  BFP,  BJMP,  PCG, or
PNP facing before a prosecutor's office,  court,  administrative body,  or any
competent body or tribunal, any criminal, civil, or administrative charge or
case   involving   service-related   incidents   shall   be   entitled  to   free   legal
assistance as provided in this Act.
SECTION 5. Couerage and Procedrre. - Within twenty-four (24) hours
from the official receipt of the information that a personnel of the AFP, BFP,
BJMP, PCG, or PNP is charged, the Chief-of-Staff of the AFP, the Chief of the
BFP, the Chief of the BJMP, the Commandant of the PCH, or the Chief of the
PNP, through the concerned Head of Office, shall authorize the legal offices of
their respective agencies, with the assistance of the Public Attomey's Office
(PAO), to provide free legal assistance to such personnel of the AFP,  BFP,
BJMP, PCG, or PNP, as provided in this Act. Otherwise, such personnel may


4
personally  apply for  a  Free  Legal  Assistance  before  their  respective  Legal
Offices upon presentation of a Certification from his/her respective Head of
Office  declaring  that  the  applicant  is  assigned  under  his/her ].urisdiction,
certifying that the case arose from an incident that is related to the applicant's
official duty or function.
The free legal assistance shall include the following legal services :
(1) Legal representation in all stages of civil, criminal, or administrative
cases involving service-related incidents;
(2) Legal advice or consultations in relation to service-related cases or
incidents;
(3) Preparation of pleadings, motions, memoranda, and all other legal
forms and documents in relation to service-related cases;
(4) Notarization of documents in relation to service-related cases; and
(5) All other legal services and tasks as directed by the Chief-of-Staff of
the  AFP,   the   Chief  of  the   BFP,   the   Chief  of  the   BJMP,  the
Commandant of the PCG, or the Chief of the PNP.
SHCTroIN 6. Strengthening the Legal Offices Of the AFP, BFP, BJMP,
PCG, and ENP. - Within ninety (9o) days from the effectivity of this Act, the
Chief-of-Staff of the AFP, the Chief of the BFP, the Chief of the BJMP, the
Commandant  of the  PCG,  or  the  Chief  of the  PNP  shall  submit  to  the
Department of Budget and Management (DBM) the revised staffing patterns
of their respective legal offices necessary for adequate and effective free legal
assistance to all personnel of the AFP, BFP, BJMP, PCG, and PNP as provided
in this Act. The DBM shall act on the submission within sixty (6o) days from
receipt thereof.
SmcTroIN  7.  Entitlement  Of  Govern:merit  Lawyer  to  Payment  for
Expenses. - Subject to availability of funds and usual government accounting
and auditing requirements, the government lawyer so designated to provide
legal assistance to the personnel of the AFP, BFP, BJMP, PCG, or PNP shall be
entitled to payment of actual travel and other expenses, including ho7ioran.a
per appearance, to be paid by the agency concerned.
SHCTIOIN  8.  Occupational  Specialty  Pay  (OSP).  - The  gorvermrnerit
lawyer  designated  to  provide  legal  assistance  shall  be  entitled  to  receive
occupational specialty pay, in addition to other allowances authorized under
the existing laws. The OSP that is fifty percent (5o%) of their base pay per
month  shall  not  be  considered  a  forfeiture  of  other  remuneration  and
allowances to which they are entitled to under existing law. Proui.did, That the
release of the OSP of government lawyers shall be every quarter of the year.
SECI'I0N  9. Appearcmce  o/ in.uafe  Cbunsez.  -  Subject to  existing
circulars  of  the  Commission  on  Audit   (COA)   rules  and  regulations,   a
personnel of the AFP, BFP, BJMP, PCG, or PNP may, in the interest of justice,


5
be  provided with  private  counsel  at the  expense  of the  government when
necessary, as determined by the Chief-of-Staff of the AFP, the Chief of the BFP,
the Chief of the BJMP, the Commandant of the PCG, or the Chief of the PNP
through  the  immediate  commander  or  head  of  office  of  the  involved
personnel.
SECTIOIN Io. Implementing Rules and Regulations. ~ W±th±n sixty (6o)
days from the effectivity of this Act, the Secretaries of the DBM, Department
of National Defense (DND),  Department of Interior and I.ocal Government
(DILG),   the   Department   of  Transportation   (DOTr),   and   the   PAO,   in
coordination with the Chief-of-Staff of the AFP, the Chief of the BFP, the Chief
of the BJMP, the Commandant of the PCG, or the Chief of the PNP, shall issue
the necessary rules and regulations to implement this Act.
SECI'ION 11. Approprrdtr.ous. - The amount necessary for the effective
implementation of this Act shall be sourced from the  Legal  Defense Fund
through the General Appropriations Act.
SEcrloN 12. Separabi.Z].fry CJause. - In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in effect.
SECI`ION 13. RepeaJ1.ng Czause.  - All laws, decrees, orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
SECTION 14. Ejrecfi.I;I.rty.  - This Act shall take effect fifteen  (15) days
after its publication in the O#crdz Gazette or in at least two (2) newspapers of
general circulation.
Approved,