6)

REPRE, nN
RECEIVED 2

pare 20 JUN m5
af

we
S
[e}

ir

Republic of the Philippines ey Sa Sila
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
‘TWENTIETH CONGRESS
FIRST REGULAR SESSION

House Bill No.__394

INTRODUCED BY Rep. ZIAUR-RAHMAN ALONTO ADIONG

EXPLANATORY NOTE

This bill aims to address the critical need for legal assistance among underprivileged
individuals by establishing a legal scholarship and return service program. The policy
underlying this proposed legislation is grounded in the fundamental principle that access
to justice should not be impeded by financial constraints.

Under the Constitution, the State recognizes the constitutional mandate to ensure free
access to the courts and quasi-judicial bodies for all individuals, regardless of their
economic status. Additionally, it acknowledges the imperative to provide legal aid
services to those who are unable to afford them, particularly when their human rights
are at stake.

The proposed legal scholarship program seeks to fulfill these objectives by offering
financial assistance to deserving students pursuing legal education. By alleviating the
financial burden of law school tuition and related expenses, the program aims to enable
talented individuals from disadvantaged backgrounds to enter the legal profession.

Importantly, this scholarship program comes with a mandatory service component.
Recipients of the scholarship will be required to render legal services in government
offices upon completing their education. This return service requirement not only
ensures that the investment made in their education benefits society as a whole but
also helps address the shortage of legal professionals in the public sector.

By establishing this legal scholarship and return service program, the State
endeavors to promote equal access to justice, protect the rights of the
underprivileged, and strengthen the provision of legal services in government
institutions. This bill represents a proactive approach to fulfilling constitutional
directives and addressing societal needs, ultimately contributing to the realization of
a more just and equitable society.

cr
As such, the approval of this Bill is earnestly sought.

REP. ZIAUI \HMAN ALONTO ADIONG
1 District, Lanao del Sur



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
FIRST REGULAR SESSION

354

House Bill No.

INTRODUCED BY
REP. ZIAUR-RAHMAN “ZIA” ALONTO ADIONG

AN ACT
ESTABLISHING A LEGAL SCHOLARSHIP AND RETURN SERVICE
PROGRAM FOR DESERVING STUDENTS, 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 "Abogado Para sa
Bayan Act”.

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State
to uphold the right to free access to the courts and quasi-judicial bodies and ensure
that adequate legal assistance shall not be denied to any person by reason of poverty.
Towards this end, and in cognizance of the constitutional directive to provide for
preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection, the State shall establish a legal
scholarship and return service program to assist deserving students pursue legal
education who shall eventually render legal services in government offices.

Sec. 3. Legal Scholarship and Return Service Program. - There shall be
established a Legal Scholarship and Return Service (LSRS) Program for deserving
students who intend to pursue a Juris Doctor or Bachelor of Laws degree in state
universities and colleges (SUCs) or in partner private higher education institutions
(HEIs) in regions where there are no SUC offering Juris Doctor or Bachelor of Laws
degree. The LSRS Program shall provide the following benefits to qualified legal
education students:


(a) Free tuition and other school fees, including but not limited to: student
registration fees, library fees, and publication fees;

(b) Allowance for prescribed books and supplies;

(c)_ Allowance for review fees for the government-mandated bar exam; and

(d) Allowance for licensure fees.

Sec. 4. Qualifications and Requirements. - In order to be qualify for the
grant of scholarship under the LSRS Program, a prospective or current legal education
student must satisfy the following requirements:

(a) Must be a Filipino Citizen residing in the Philippines;

(b) Must not have completed a Bachelor of Laws or Juris Doctor degree from
any HEI offering legal education;

(c) Must be a graduating student or a graduate of an undergraduate degree
program; and

(d) Must have passed the entrance examination and complied with other
requirements for admission into the Juris Doctor or Bachelor of Laws degree program
offered by the SUC or private HEI where the student intends to enroll.

Sec. 5. Conditions for the Grant of Legal Scholarship. - Qualified students
accepted into the LSRS Program shall be subject to the following conditions:

(a) Must sign an agreement stating the terms and conditions of the
scholarship which shall be prescribed by the Legal Education Board (LEB);

(b) Must carry full load of subjects prescribed per semester by the SUC or
private HEI concerned, and shall not, under any circumstance, drop a course which
would result in underloading;

(c) Must finish the Juris Doctor or Bachelor of Laws degree program within
the prescribed time frame of the SUC or private HEI where the scholar is enrolled in,
subject to the retention policies of the SUC or private HEI concerned: Provided, That
a scholar who is already enrolled, may be allowed, for valid and justifiable reasons,
to file a leave of absence;

(d) Must take the bar examination within a maximum period of one (1) year
after completion of the Juris Doctor or Bachelor of Laws degree;

(e) Must render return service as provided under Section 7 of this Act.

Section 6. Disqualifications. - The scholarship grant shall terminate, and
the recipient of legal scholarship shall repay the full cost of scholarship and related
benefits received, including all the expenses incurred during the participation in the
LSRS program, in case of the following circumstances:


(a) If the scholar fails to meet the academic requirements or to complete the
course within the prescribed period without valid cause as may be determined by the
SUC or private HEI concerned;

(b) If the scholar commits gross misconduct in a manner that would bring
significant damage to the SUC or private HEI concerned or to the community as a
whole.

Sec. 7. Mandatory Return Service. - Within five (5) years from admission
to the practice of law, a scholar shall render mandatory return service for two (2)
years in government agencies, including, but not limited to: the Public Attorney's
Office, National Prosecution Service, Department of Education, Department of
Environment and Natural Resources, Department of the Interior and Local
Government, Department of Health, Department of Justice, Department of National
Defense, Department of Social Welfare and Development, the Courts, or in
government agencies and instrumentalities that provide legal services to: (i) poor
and marginalized individuals and communities, and (ii) public school teachers, public
health workers, and military and uniformed personnel involved in cases arising from
or in connection with the performance of their duties and functions: Provided, That
the mandatory return service shall be separate and distinct from the Clinical Legal
Education Program as provided under Rule 138-A of the Rules of Court: Provided,
further, That beneficiaries of LSRS Program appointed to plantilla positions shall
receive the appropriate salaries, benefits and other emoluments for services rendered
under the mandatory return service; Provided, furthermore, That beneficiaries of
LSRS Program who, after three (3) years from admission to the practice of law, fails
to secure appointment in government shall have the option to: (i) pay the full cost of
scholarship and related benefits received, including all the expenses incurred during
the participation in the LSRS Program; or (ji) undertake alternative compliance
program to be formulated by the LEB pursuant to the provisions of this Act and
Republic Act (RA) No. 9999, otherwise known as the Free Legal Assistance Act of
2010: Provided, finally, That in the application of Republic Act No. 9999, the allowable
deduction from the gross income shall be the amount that could have been collected
from the actual free legal services rendered or up to twenty percent (20%) of the
gross income derived from the actual performance of the legal profession, whichever

is lower.

Sec. 8. Number and Allocation of Students to be Admitted in the
Program. - Prior to the implementation of this Act and every five (5) years
thereafter, the LEB shall, in consultation with Philippine Association of Law Schools
and participating HEIs and upon the assessment of the shortage of legal practitioners


in the public sector, determine the appropriate number and geographic allocation of
scholars to be admitted in the LSRS Program.

Sec. 9. Harmonization with the Clinical Legal Education Program. -
Pursuant to Article VIII, Section 5, subsection 5, of the Constitution, 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 service 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.

Section 10. Sanctions. - Any lawyer who has availed of the benefits under
the LSRS Program but fails or refuses to comply with the mandatory return service
as provided under this Act shall be required to pay twice the amount of scholarship,
including other benefits received by reason of participation in the LSRS Program:
Provided, That the penalty imposed herein shall not apply to lawyers who fail to
comply with the required return service by reason of force majeure or not due to
their fault or negligence.

Sec. 11. Appropriations. - The amount necessary for the implementation of
this Act shall be included in the annual General Appropriations Act.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days
from the effectivity of this Act, the LEB shall, in consultation with the Philippine
Association of Law Schools, Philippine Association of State Universities and Colleges
and Commission on Higher Education, promulgate the rules and regulations to
effectively implement the provisions of this Act.

Sec. 13. Separability Clause. - If any provision or part hereof is held invalid
or unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in full force and effect.

Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders,
rules and regulations, or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed, amended, or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect immediately following its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,