Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2364

Introduced by Representative Nelson S. Legacion
3rd Congressional District, Camarines Sur

EXPLANATORY NOTE

Article IX, Section 1 of the 1987 Constitution provides, “Public office is a public
trust. Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.” In connection with this, Section 7(b)(2)
of Rep. Act No. 6713! mandates:

Prohibited Acts and Transactions. - [T]he following shall constitute
prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful: [x x x] (b) Outside employment and other
activities related thereto. - Public officials and employees during their
incumbency shall not: [x x x] (2) Engage in the private practice of their
profession unless authorized by the Constitution or law, provided, that such
practice will not conflict or tend to conflict with their official functions?

Given that public office is a public trust, the prohibitions of Section 7 promote
the observance and the efficient use of every moment of the prescribed office hours to
serve the public?

1 Code of Conduct and Ethical Standards for Public Officials and Employees.

2 (Emphasis supplied.)

> Query of Atty. Karen M. Silverio-Buffe, Former Clerk of Court - Branch 81, Romblon, Romblon - on
the Prohibition From Engaging in the Private Practice of Law, A.M. No. 08-6-352-RTC (2009).



On April 11, 2023, the Supreme Court promulgated the Code of Professional
Responsibility and Accountability (CPRA) for the legal profession. Among the
provisions introduced by the CPRA is Canon III, Section 21 which generally prohibits
government lawyers from engaging in the private practice of law. It provides:

A lawyer currently serving in the government shall not practice law
privately, unless otherwise authorized by the Constitution, the law or
applicable Civil Service rules and regulations. If allowed, private practice
shall be upon the express authority of the lawyer's superior, for a stated
specified purpose or engagement, and only during an approved leave of
absence. However, the lawyer shall not represent an interest adverse to the
government. (Emphasis supplied.)

Ina similar vein, the Supreme Court also recently promulgated A.M. No. 22-
11-01-SC or the Rules on Unified Legal Aid Service (ULAS), it provides in Section 13:

Section 13. Required Authority for Covered Lawyers in the
Government. - Covered Lawyers in the government shall duly secure the
appropriate authority to render Pro Bono Legal Aid Services from their
agency. The IBP and the ULAS Board shall coordinate with the relevant
government agencies to arrive at agreements which may enable Covered
Lawyers in the government to render Pro Bono Legal Aid Services on official
time, and the corresponding guidelines therefor.

What is pertinent may be seen in Rule XII, Section 136 of the 2017 Omnibus Rules
on Appointments and Other Personnel Actions (Revised, July 2018) which states that:

SECTION 136. No officer or employee, whether in a permanent or
regular capacity, temporary, casual, or hold-over, shall engage directly or
indirectly in any private business or practice of profession. Exemptions may
be allowed, subject to the limitations provided under RA No. 6713 and other
special laws. Provided, further that the following requirements/conditions
are met: a. Written permission from head of agency must be secured and
renewed annually; b. Time devoted outside of office hours shall not impair
in any way the efficiency of the officer or employee nor pose a conflict or
tend to conflict with the official functions and must be fixed by the head of
agency; and c. Government facilities, equipment and supplies shall not be
used while engaged in private business or practice of profession.

Hence, in view of the emphasized portions of the quoted laws above and in
particular to government lawyers, there is currently no provision in the Constitution
or a law that allows the private practice of profession. What is only available is Rule
XIL, Section 136 of the 2017 Omnibus Rules on Appointments and Other Personnel
Actions (Revised, July 2018).


On another note, legal aid remains elusive in this country. According to a 2019
World Justice Project report!, only 20% of the Philippine respondents who experienced
a legal problem were able to obtain information, advice, or representation. Of those
who obtained legal assistance, 72% received it from family or friends. Only 15% of
Philippine respondents received it from a lawyer or professional advice service, and
only 9% received it from a government legal aid office.* As recognized by the Supreme
Court, this data indicates the breadth of the legal aid needs of the public and their
access to competent legal service providers.®

Compared to other countries, the Philippines also performed poorly in the
World Justice Project Rule of Law Index for 2022, in which it ranked 97th out of 140
countries in terms of accessibility and affordability of civil justice. The country scored
0.47 (with 1.0 as having access to justice and 0 as having no access), falling below the
global average of 0.55. In terms of the overall parameter for civil justice, which
includes accessibility and affordability of civil justice, among other factors, the
Philippines ranked 104" and scored 0.45, likewise below the global average of 0.547

Thus, to help resolve the lack of legal aid in the country and address the
unsatisfactory state of the accessibility and affordability of seeking justice—and in
consonance with the principle that a public office is a public trust—this proposed
measure aims to fill a legal gap and establish a framework as to how the legal aid may
be undertaken by government lawyers with the oversight and coordination of the
ULAS Board as constituted by A.M. No. 22-11-01-SC, the head of agency of the
government lawyer, the Integrated Bar of the Philippines, and the Department of
Justice, particularly through the Public Attorney’ Office.*

The bill also sets limitations to the legal aid practice of government lawyers,
with special regard to the recently promulgated CPRA and ULAS of the Supreme
Court, which is constitutionally empowered to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and procedure

4 World Justice Project, Global Insights on Access to Justice 2019, available at
https://worldjusticeproject.org/our-work/research-and-data/global-insights-access-justice-2019.
Sid.

© Supreme Court, Strategic Plan for Judicial Innovations 2022-2027, available at
hitps://sc,judiciary.gov.ph/spii/. See also Karina Mae P. Garcia, Combating the Motivational Constraint
Barrier in Legal Aid Participation by Lawyers in the Judiciary, 96 PHIL. LJ. [Awaiting Publication]
(2024).

7 World Justice Project, wp Rule of Law Index: Pines, available at
https:/worldjusticeproject.org/rule-of-law-

© See also Karina Mae P. Garcia, combating the Motivational Constraint Bartier in Legal Aid
Participation by Lawyers in the Judiciary, 96 PHIL. LJ. 764 (2023).



in all courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged?

‘The proposed measure also delineates the qualified beneficiaries who may
avail of legal aid services. Additionally, incentives are provided to the government
lawyer who participates in legal aid. Under no circumstances shall the primary official
functions and duties of the government lawyer be compromised.

The Constitution is replete with provisions that underscore the lofty goals
envisioned by this measure: Article Il, Section 11, provides that it is the declared policy
of the State to value the dignity of every human person and to guarantee respect for
human rights; Article II, Section 9, declares as a State policy the promotion of a just
and dynamic social order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved
quality of life for all; and concretely, Article III, Section 11 mandates 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.

Public office is a public trust. Pro bono is short for the Latin phrase pro bono
publico, which means “for the public good.” We must allow our government lawyers
to serve the public trust by permitting them to serve the public good through free legal
aid.

In view of the foregoing, the urgent passage of this bill is earnestly sought.

NEI 'GACION
Representative, 3" Dis! arines Sur

9 Art. VIII, §5(6), Const.


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

TWENTIETH CONGRESS
First Regular Session

2364

House Bill No.

Introduced by Representative Nelson S. Legacion
3rd Congressional District, Camarines Sur

AN ACT
AUTHORIZING GOVERNMENT LAWYERS TO PROVIDE LEGAL AID TO
QUALIFIED BENEFICIARIES, AND ESTABLISHING A FRAMEWORK AND
LIMITATIONS 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 "Government Lawyer
Legal Aid Act

Section 2. Declaration of Policy. - It is the declared policy of the State to value
the dignity of every human person and guarantee the rights of every individual,
particularly those who cannot afford the services of legal counsel, or are marginalized,
underserved, or otherwise unable to secure justice. Furthermore, it is the policy of the
State to promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies and
programs that provide adequate social services and improve the quality of life for all.
‘Thus, it is the policy of the State to enhance access to justice and ensure free and quality
legal representation for underserved, marginalized, and indigent populations. To this
end, government lawyers, whose expertise and assistance can be of significant help to
those in need of legal aid, are hereby authorized to provide legal aid under specified
conditions and reasonable limitations to ensure that their main government functions
remain unimpaired.

Section 3. Definition of Terms. - For purposes of this Act, the following terms
shall be defined as follows:


(a) Accredited Legal Outreach Programs and Legal Missions refer to community-
based outreach programs and legal missions which are accredited by the
Unified Legal Aid Service (ULAS) Board, as constituted by A.M. No. 22-11-
01-SC or the Rules on Unified Legal Aid Service, provided that such
programs and missions are geared towards providing legal education
and/or assistance to Qualified Beneficiaries as defined in this Act, including,
but not limited to, legal seminars, legal consultations, and assistance in
drafting legal forms;

(b) Authorized deductions in relation to net income shall be understood to
include all deductions as reflected in the pay slip, as well as other
deductions with the expressed written consent of the employee and in
agreement with the employer, and all other deductions that can be
substantiated by the employee;

(©) A government lawyer means any member of the Philippine Bar who is a
public officer or employee in the service of the government or any of its
agencies, divisions, subdivisions, or instrumentalities whose status with the
Integrated Bar of the Philippines (IBP) is not terminated, who is not retired
in accordance with the IBP By-Laws, and is not excluded under Section 5 of
this Act;

(a) Head of agency means the public officer in charge of the government lawyer's
agency, division, subdivision, or instrumentality;

(e) Integrated Bar of the Philippines (IBP) refers to the official organization of all
Philippine lawyers whose names appear in the Roll of Attorneys of the
Supreme Court;

(6) Legal Aid refers to the performance of acts that involve the application of
law, legal procedure, or legal knowledge, training and experience, which
legal services are provided free of charge, and rendered to Qualified
Beneficiaries as defined by this Act. These legal services include, but are not
limited to, the following:

(i) Representation in the courts in civil and criminal cases and quasi-
judicial bodies in administrative cases, including proceedings for
mediation, voluntary or compulsory arbitration, and alternative
dispute resolution. The representation extends to the drafting and
filing of all pleadings and written submissions in said cases;

(ii) Legal counseling, rendering assistance in contract negotiations and
drafting of legal documents, including pleadings, motions, briefs,
memoranda of law, affidavits, contracts, and other legal papers.


Drafting may include policy work involving legal research and
advocacy;

(iii) Developmental legal assistance consisting of rights awareness,
capacity-building, and training in basic human rights,
documentation, and affidavit-making;

(iv) Participation in Accredited Legal Outreach Programs and Missions,
including the mentorship and supervision of law students under
Rule 138-A of the Law Student Practice Rule;

(v) _ Rendition of assistance to lawyers of the Public Attorney's Office or
other government lawyers directly providing legal aid; and

(vi) Such other similar legal services as may be defined in the
implementing rules and regulations consistent with the declared
policies and provisions of this Act;

(g) Net income shall be understood to refer to the basic income of the litigant
less statutory and authorized deductions, and shall not include the pension
received by retirees;

(h) Public Interest Cases refer to cases which would affect the general public or
a significant portion thereof in a significant manner such as those who
belong to marginalized sectors as delineated in Section 11. These cases
include, among others, cases involving civil rights and liberties, women’s
rights, children and youth services and rights, workers’ rights, labor and
employment law, public benefits, gender and sexuality issues,
environmental law, prisoners’ rights, migrant worker rights, and criminal
law.

(i) Qualified Beneficiaries are those persons enumerated in Section 11 of this Act
who may avail of legal aid from a government lawyer; and

(j) Statutory deductions in relation to net income shall refer to withholding taxes,
Government Service Insurance System (GSIS), Social Security System (SSS),
and Pag-Ibig contributions, Health Insurance and PhilHealth premiums,
loan amortizations, and other deductions of similar nature, duly supported
by written contracts.

Section 4. Authorization to Render Legal Aid; Voluntary Application. -
Government lawyers are hereby authorized to voluntarily enlist themselves in the
legal aid programs of chapters of the IBP. The government lawyer shall submit his or
her curriculum vitae and indicate his or her preferred areas of practice or types of legal
aid. The IBP may request such other information from the applicant, consistent with
the provisions and declared policies of this Act, as specified in the implementing rules
and regulations.


Section 5. Exclusions from Authorization. - Laws, rules and regulations, and
jurisprudence, such as Section 90(a) of Rep. Act No. 7160 or the Local Government
Code of 1991 and Section 35 of Rule 138 of the Rules of Court, that absolutely prohibit
certain lawyers in the government from the practice of the legal profession shall still
apply.

Section 6. Legal Aid Program; Roster. - Each chapter of the IBP, in coordination
with the Department of Justice and the Public Attorney’s Office in particular, shall
establish or modify existing legal aid programs to ensure compliance with and
facilitate the provisions of this Act. The IBP chapter shall integrate the Clinical Legal
Education Program of local law schools in their legal aid program.

Each IBP chapter shall maintain an active and updated roster of government
lawyers who are qualified and have been duly accepted into the legal aid program.

Section 7. Matching. - The legal aid program may match or assign cases, tasks,
or legal matters eligible for legal aid that are not feasible, practical, or otherwise
convenient, at the discretion of the IBP, for handling by private practitioners
providing legal aid or the Public Attorney's Office, provided that such assignments or
referrals shall not prejudice the qualified beneficiary. The program may assign these
cases or tasks to government lawyers who, by expertise and qualification, are deemed
capable of handling the matter. A government lawyer may, however, decline such
referral if they determine themselves unable to fulfill the requirements of the case or
task effectively, in which event the matter shall be promptly reassigned to another
qualified lawyer within the legal aid program.

Section 8. Supervision of Government Lawyer; Co-signing of Legal Papers. -
Representation in civil and criminal cases before courts and in administrative cases
before quasi-judicial agencies and the rendition of other legal aid services shall be
under the direct supervision of the chairperson of the legal aid program of the
concerned IBP chapter, who shall ensure that the government lawyer works efficiently
and effectively.

Any and all pleadings, motions, briefs, memoranda, or other papers to be filed
in court or any quasi-judicial agency must be co-signed by the chairperson.

Section 9. Conditions and Limitations to Practice Legal Aid. - Government
lawyers may engage in private legal aid work provided that:

(a) The lawyer shall not represent any cause of action or interest adverse to the
government;


(b) The legal aid work shall not create or imply any conflict of interest with the
lawyer's official duties or impair the lawyer's official functions;

(©) Such legal aid work requires the express written consent of the head of
agency of the lawyer, stating the specific authorized term, purpose(s),
and/or engagement(s);

(d) Any time spent on legal aid work shall only be during an approved leave of
absence, except when the government lawyer is not otherwise prohibited to
perform such work during official time or when the legal aid work aligns
with the lawyer's official duties and responsibilities; and

(e) Legal aid work must not involve the use of any government funds, facilities,
or property.

Section 10. Duty of Head of Agency; Power to Recall. - It shall be the duty of
the head of agency to ensure that the legal aid work of the government lawyer shall
not impair the official duties and functions of the lawyer. The written consent granted
may be recalled at any time should the government lawyer fail at his or her main
governmental functions, provided that sufficient arrangements with the IBP chapter
concerned must first be made prior to the recall to ensure that the concerned qualified
beneficiary is not prejudiced,

Section 11. Qualified Beneficiaries. - The following are Qualified Beneficiaries:

(a) A person to whom a counsel de officio was appointed by any court, tribunal,
or other government agency, with respect to the counsel de officio so
appointed and the case in which the appointment was made;

(b) An indigent party or litigant as defined and determined in Rule II, Section
21 of the Rules of Court;

(c) An indigent party or litigant whose monthly net income is insufficient to
cover his or her family’s food, shelter, medication, and other basic
necessities, to be defined in the implementing rules and regulations and to
be regularly updated after analyzing the most recent Family Income and
Expenditure Survey of the Philippine Statistics Authority, and who do not
own real property with an assessed value of more than four hundred
thousand pesos (PHP 400,000.00);

(d) A person not covered by the preceding subsections but nevertheless has no
sufficient means to afford adequate legal services, based on an Affidavit of
Indigency executed by the person claiming to be an indigent. The Affidavit


of Indigency must describe briefly the indigency and must be supported by
any of the following documents:

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Gi)

(iii)

(iv)

Latest Income Tax Return or pay slip, or other proof of net income;
Certificate of Indigency from the Department of Social Welfare and
Development (DSWD), or the City/Municipal Social Welfare and
Development Office having jurisdiction over the residence of the
person claiming to be an indigent;

Certificate of Indigency and/or No Income from the Office of the
Punong Barangay/Barangay Chairperson having jurisdiction over
the residence of the person claiming to be an indigent; and

Such other document as may be determined in the implementing
rules and regulations consistent with the foregoing and the
provisions of this Act.

(e) Members of marginalized sectors with public interest cases such as those
who belong to underserved and disadvantaged sectors as defined in Rep.
Act No. 8425 or the Social Reform and Poverty Alleviation Act of 1997:

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(i)
(ii)
dv)
(vy)
(vi)
(vii)
(viii)
(x)
)
(xi)
(xii)

(xiii)

Farmer-peasants;

Artisanal fisherfolk;

Workers in the formal sector and migrant workers;

Workers in the informal sector;

Indigenous peoples and cultural communities;

Women:

Persons with disabilities;

Senior citizens;

Victims of calamities and disasters;

Youth and students;

Children;

Urban poor; and

Such other similar marginalized, underserved, or disadvantaged
sector as may be defined in the implementing rules and regulations
consistent with the provisions of this Act;

(f) Non-governmental and non-profit organizations with respect to cases or
matters that are beneficial to Qualified Beneficiaries; and

(g) Such other similar qualified beneficiaries to be determined in the
implementing rules and regulations consistent with the provisions of this

Act.


Section 12. Incentives. — The government lawyer shall be entitled toa reduction
in annual income tax liability equivalent to the amount that would have been
collectible for the actual free legal aid services rendered, computed according to the
prevailing professional fee rates prescribed by the IBP, or up to ten percent (10%) of
the lawyer’s annual gross compensation income, whichever is lower.

The Supreme Court may, by virtue of its rule-making power, prescribe the
amount of credit units that may be earned by government lawyer in the course of their
rendition of legal aid services for purposes of Mandatory Continuing Legal Education
compliance.

The IBP National Center for Legal Aid shall establish an official recognition
program, with certificates or awards for government lawyers who provide substantial
or exemplary legal aid service.

Legal aid experience may also be, consistent with existing laws, rules and
regulations, considered in performance evaluations, appropriate crediting for certain
metrics, and/or as a factor in eligibility for promotions and other similar benefits.

Legal aid rendered during weekends, holidays, or otherwise days where the
government lawyer was not obligated to work shall, consistent with existing laws,
rules and regulations, be counted towards paid and/or credited leaves.

Section 13. Appropriations. -The amount necessary for the initial
implementation of this Act shall be sourced from the current appropriations of the
government agencies mentioned in this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the annual
General Appropriations Act.

Section 14. Implementing Rules and Regulations. - Within ninety (90) days
from the effective date of this Act, the Department of Justice, with the assistance of the
Integrated Bar of the Philippines and with input from the ULAS Board, shall
promulgate the implementing rules and regulations necessary for the full and
effective implementation of this Act.

‘The Bureau of Internal Revenue shall issue the relevant issuance to properly
implement and operationalize the tax incentive granted in section 12.

Section 15. Separability Clause. - If any provision of this Act is declared
invalid or unconstitutional, the other provisions not affected by such declaration shall
remain in full force and effect.


Section 16. Repealing Clause. - All laws, executive orders, administrative
orders and rules and regulations inconsistent with this Act are hereby repealed or
amended accordingly.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,