NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

4521

House Bill No.
EXPLANATORY NOTE

As provided for in Section 2 of Republic Act 7662 or the “Legal Education Reform Act
of 1993” creating the Legal Education Board (LEB), “It is the declared policy of the State to
uplift the standards of legal education in order to prepare law students for advocacy,
counselling, problem-solving, and decision-making, to infuse in them the ethics of the legal
profession, to impress in them the importance, nobility and dignity of the legal profession as
an equal and indispensable partner of the Bench in the administration of justice and to develop
social competence. Towards this end, the State shall undertake appropriate reforms in the
legal education system, require proper selection of law students, maintain quality among legal
education institutions, and require legal apprenticeship and continuing legal education.”

‘One specific area where there is a pressing need for reforms is in the right of access
of law students to affordable quality legal education - one that would fortify their moral
compass, hone their skills and sharpen their minds as well as develop in them a sense of
mission in their work so that they would be aware of the true essence of their profession, which
is charitable service for the poor and marginalized individuals and communities.

The “Universal Access to Quality Tertiary Education Act of 2017” (RA 10931) has
already provided the means by which all bona fide students in State Universities and Colleges
(SUCs) regardless of the program or course enrolled in, could avail of free tuition and other
fees in every academic year until graduation, provided he or she is in good academic standing
with no disciplinary case

Congress has allocated certain amounts in the annual General Appropriations Act of
2017 until 2021 indicated as a line item in the CHED Budget for the program called “Cash
Grants to Medical Students enrolled in SUCs” (CGMS-SUCs), intended for free tuition and
other expenses of medical students in the eight (8) SUC Colleges of Medicine numbering
approximately 1,650-1,750 a year and provided budgetary allocation in the amount of from
P187-P317 Million for FY 2017-2021.

Considering that the average number of law students enrolled in legal education
institutions approximates 4,283 as of AY 2021-2022, and that only an estimated budgetary
requirement of P70-75 Million is required for the effective implementation of Free Legal
Education Program in SUCs per academic year, the immediate passage of this measure is
enjoined to ensure that law students will not be deprived of their right to access to legal
education in the SUCs. Such budget may be included in the LEB budget for effective
distribution to the qualified law students in the SUC legal education institutions where they are
enrolted in.

In view of the foregoing, immediate approval of this measure is eamestly requested.

RUFYS B. RODRIGUEZ


NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 492 1

AN ACT
PROMOTING ACCESS TO QUALITY LEGAL EDUCATION BY PROVIDING FOR FREE
TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES 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 “Free Legal Education Act’

SEC. 2. Declaration of Policy. — It is the policy of the State to provide appropriate legal
measures for the protection of human rights of all persons within the Philippines, as well as,
Filipinos residing abroad; offer economic assistance to the underprivileged and marginalized
sectors; deliver free legal services to indigent litigants, and address the lack of and
unavailability of legal practitioners in the different government agencies in the country.

Likewise, the State hereby recognizes the invaluable role of lawyers and the legal
education out of which they are molded, in the attainment of societal progress. Towards this
end, the State shall encourage the youth to pursue a career in legal education and thereafter,
provide them with opportunities for employment in the legal field through which they could
better serve their countrymen.

SEC. 3. Definition of Terms. The following terms shall be defined conceptually as they are
used throughout the statute. —

1) Legal Education — Legal education refers the totality of various academic programs
in higher education designed for the training of prospective lawyers, allied
professionals and legal scholars. It shall encompass the basic and graduate law
programs, and other legal studies programs;

2) Higher Education Institutions (HEIs) - refers to an educational institution, private or
public, undertaking operations of higher education program/s with an organized group
of students pursuing defined studies in higher education, receiving instructions from
teachers, usually located in a building or group of buildings in a particular site
specifically intended for educational purposes. The following are the classifications of
Higher Education Institutions

a) Private Higher Education Institutions (PHEIs) are institutions incorporated as
stock or non-stack corporations and supervised and regulated by the Commission
‘on Higher Education, except for the law program;

b) State Universities and Colleges (SUCs) are those created by special laws or
charters, governed by their respective board of regents or board of trustees,
chaired by the CHED Chairperson according to RA 8292; and

3) Legal Education Institutions (LEls) — Ail higher education institutions accredited by
the Legal Education Board to offer basic and/or graduate law programs, allied legal

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studies programs and/or other legal studies programs and recognized by the
Commission on Higher Education (CHED), when applicable

SEC. 4. Establishment of Free Legal Education Program in SUCs — There shall be
established a Free Legal Education Program for deserving students in state universities and
colleges (SUCS). All Filipino students who are either currently enrolled in the Juris Doctor
Program offered in SUCs at the time of the effectivity of this Act, or shall enroll at any time
thereafter, after passing the entrance examination and other admission and retention
requirements of the said SUCs, shall be exempt from paying tuition and other school fees for
units enrolled in

All SUCs with a Law Program duly accredited by the Legal Education Board shall be
qualified to implement this Act insofar as beneficial to their bona fide law students.

The SUCs shall create a mechanism, which will ensure that the beneficial provisions
of this Act, relative to tuition and other school fees subsidy, need not apply to students with
the financial capacity to pay for their education.

SEC. 5. Coverage. - The Free Legal Education Program shall cover the following:
1) Tuition fees at the rate approved by the SUC governing board as of date of passage
of this Act; and
2) Other school fees including but not limited to’
a) Fees for prescribed books, on a reimbursement basis, as determined by the LEB,
upon consultation with its stakeholders;
b) Student registration fees; and
©) Library fees.

SEC. 6. Exceptions. - The following students are ineligible to avail of the Free Legal
Education:
1) Students who have already attained a Bachelor of Laws or a Juris Doctor degree from
any legal education or institution.
2) Students who fail to comply with the admission and retention policies of SUCs.
3) Students who fail to complete their Juris Doctor degree within the period prescribed in
the program.

Students (who are) ineligible to avail of the Free Legal Education Program shall be charged
the tuition and other school fees as determined by the governing Board of the SUCs.

SEC. 7. Harmonization with the Clinical Legal Education Program. ~ Pursuant to Section
5(5), Article VIII of the 1987 Constitution, the Supreme Court is empowered to adopt and
promulgate rules through the amendment of the provisions of Rule 138-A or the Revised Law
Student Practice Rule of the Rules of Court

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 servSice 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.

SEC. 8. Harmonization with the UniFAST Act. ~ Pursuant to Republic Act No. 10687, the
Unified Financial Assistance System for Tertiary Education (UniFAST) is the existing system
to unify and harmonize all publicly-funded national government programs for Student Financial
Assistance Programs, including but not limited to scholarships, grants-in-aid, and student
loans for tertiary education

As the repository of all government-funded modalities of Student Financial Assistance
Programs for tertiary education in both public and private institutions, the UniFAST is
mandated by law to implement the disbursement of student financial grants including the Free

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Legal Education Program, the latter in coordination with the LEB, which shall provide UniFAST
with validating data or information on the currently enrolled registered law students per
semester.

SEC. 9. Prohibited Acts. - Upon effectivity of this Act, it shall be unlawful for any SUC, or
any person or entity representing an SUC, to collect tuition and other school fees from qualified
faw students during the registration or enrollment period. Provided, that this provision shall not
apply to law students who voluntarily opt out of the subsidy or are otherwise ineligible to avail
of the provisions of this Act

SEC, 10. Penalties. - A commission of any prohibited act defined under the next preceding
section shall subject the SUC to an administrative case under the jurisdiction of the LEB, and
shail result in the imposition of the appropriate administrative sanction, including but not limited
to: (a) downgrading of the government recognition; (b) phase-out of the law program; and (c)
termination of the law program.

This is without prejudice to the civil or criminal liability of the party responsible therefor.

SEC. 11. Reporting Requirements. - All SUCs shall submit to the UniFAST and the LEB,
within five (5) days after the last day of registration for each semester, a report detailing the
names of law students eligible for free tuition and other school fees of the institution, under
this Act.

SUCs shall submit a report to the LEB and UniF AST before the start of an academic
year on the projected number of enrollees for each academic year set by the respective
{governing boards of SUCs. Before the start of each academic year, the SUCs shall submit a
report to the LEB and UniFAST on their projected number of enrollees as determined by their
respective governing boards for the purpose of implementing the disbursement of student
financial grants.

SEC. 12. Appropriations. - The amount necessary to carry out the implementation of this
Act shall be included in the current year’s appropriation of the UniF AST.

‘Thereafter, the amount necessary for the continuous implementation of the Free Legal
Education Program provided under this Act shall be included in the UniFAST appropriations
in the annual General Appropriations Act.

SEC. 13. Implementing Rules and Regulations. — Within one hundred twenty (120) days
from the effectivity of this Act, the LEB as lead, in coordination with the CHED, UniFAST, DBM,
Philippine Association of State Universities and Colleges (PASUC), Association of Local
Colleges and University (ALCU), Philippine Association of Law Schools (PALS), Association
of Law Students (ALSP), shall formulate and issue the rules and regulations to fully implement
the provisions of this Act.

SEC. 14. Separability Clause. - Should any part or provision of this Act be determined to be
unconstitutional or invalid, the other parts or provisions not affected thereby shail remain in
full force and effect

SEC. 15. Repealing Clause. — All laws, decrees, executive orders. rules and regulations and
other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly

SEC. 16. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,