Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

>
RECEIVED “2 \
BATEAN 2 3 2021 é \

EIGHTEENTH CONGRESS

‘Second Regular Session

HOUSE BILL NO. 8452

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

This measure seeks to institutionalize the paralegal profession and practice and create a
Professional Regulatory Board for Paralegals under the Professional Regulation Commission
RO).

Itis high time that Congress provides for the means by which interested persons may pursue the
paralegal profession with appropriate license and recognition. This will improve the existing pool
of skilled professionals in the country that can perform substantive work that requires legal
knowledge and training, as well as foster more competitive compensation.

The support of the Members of Congress for the speedy approval of this measure is most
carnestly sought.

XAVIER JESUS D. ROMUALDO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

8452

House Bill No.

Introduced by Representative Xavier Jesus D. Romualdo

AN ACT
PROFESSIONALIZING PARALEGAL PRACTICE IN THE PHILIPPINES,
CREATING FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD
FOR PARALEGALS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

ARTICLE I
Title, Declaration of Policy, and Objectives

SECTION 1. Title. — This Act shall be known as the “Philippine Paralegal
Act of 2021.”

SEC. 2. Declaration of Policy. — The State recognizes the importance of
professional paralegals in nation building and development. Hence, it shall develop
and nurture competent, virtuous, productive, and well-rounded professional
paralegals whose standards of practice and service shall be excellent and globally
competitive through honest, effective, relevant, and credible licensure examinations
and through regulatory programs, measures, and activities that foster their
professional growth, social responsibility, and development.

SEC. 3. Objectives. — This Act shall govern the following:

a. National licensure examination, registration of paralegals, and issuance of
certificates of registration and professional identification cards;

b. Supervision, control, and regulation of paralegal practice;
c. Integration of paralegals under one national organization; and
d. Development of professional competence of paralegals.
ARTICLE IT
Definition of Term and
Scope of the Practice

SEC. 4. Definition of Paralegal. — As used in this Act, a paralegal is a
person who is not a member of the Philippine Bar and who by education, training, or


experience, performs substantive legal work requiring the recognition, evaluation,
organization, analysis, and communication of relevant facts and legal concepts.

SEC. 5. Scope of the Practice of Paralegal Service. — Paralegal service
shall deal with the performance of the functions of the paralegal, which shall include
the following:

a. Preparation and review of legal documents, such as affidavits, motions,
and contracts;

b. Representation on behalf of a party in small claims cases;

c. Representation on behalf of a party in barangay conciliation proceedings;
d. Investigation and fact-finding;

e. Legal research;

f. Development and review of organizational policies, procedures, programs,
and other legal matters;

g. Coordination with government agencies and courts; and
h. Legal support for persons engaged in the practice of law.

ARTICLE III
Creation of the Professional Regulatory Board for Paralegals

SEC. 6. Creation and Composition of the Professional Regulatory
Board for Paralegals. — There is hereby created a Professional Regulatory Board
for Paralegals, hereinafter referred to as the Board, under the administrative
supervision and control of the Professional Regulation Commission (PRC). The Board
shall be comprised of a Chairperson and four (4) Members who shall be appointed
by the President of the Philippines from the three (3) persons recommended for
each position by the PRC, who, in turn, must be among the list of five (5) qualified
nominees for each position submitted by the accredited and integrated national
professional organization of paralegals. The Board shall be constituted within three
(3) months from the effectivity of this Act.

SEC. 7. Qualifications of Chairperson and Members of the Board. —
The Chairperson and Members of the Board must possess the following
qualifications:

a. Anatural born citizen and resident of the Philippines;

b. Of good reputation and moral character;

c. A practicing paralegal;

d. Not a member of the faculty of a university, college, school, or institution
conferring the academic degree on legal management and paralegal
studies or offering review classes for the paralegal licensure examination,
nor has a direct or indirect pecuniary interest in any such institution; and

e. Not an incumbent officer of the accredited and integrated national
professional organization of paralegals.


SEC. 8. Tenure of Office for the Chairperson and Members of the
Board — The Chairperson and the Members of the Board shalt hold office for a term:
of three (3) years from the date of their appointment or until their successors shall
have been appointed: Provided, That the first Members appointed Board shall hold
office for the following terms: one (1) member as Chairperson, to serve for three
(3) years; two (2) Members, to serve for two (2) years; and two (2) Members, to
serve for one (1) year. The Chairperson and the Members of the Board may be
reappointed for a second term but in no case shall they serve continuously for more
than six (6) years. Any vacancy in the Board shall be filled for the unexpired portion
of the term of the member who vacated the position. The Chairperson and Members
of the Board shalll take the proper oath of office prior to the assumption of duty. The
first Chairperson and Members of the Board appointed shall automatically be
registered and issued Certificates of Registration and Professional Identification
Cards.

SEC. 9. Meetings of the Board. The Board shall have a regular meeting
once a month. Special meetings may also be held upon call of the Chairperson or by
request of at least three (3) Members. Reasonable notice of all meetings shall be
given in the manner prescribed by the rules of the Board.

SEC. 10. Compensation and Allowances of the Chairperson and
Members of the Board. — The Chairperson and the Members of the Board shall
receive compensation and allowances comparable to the compensation and
allowances received by the chairpersons and the members of existing professional
regulatory boards under the Commission, as provided for in the General
Appropriations Act.

SEC. 11, Powers, Functions, and Duties of the Board. — The Board
shall exercise executive, administrative, rule-making, and quasi-judicial powers in
carrying out the provisions of this Act. It shall be vested with the following specific
powers, functions, duties, and responsibilities:

a. Promulgate, administer, and enforce rules and regulations necessary to
carry out the provisions of this Act;

b. Prepare, adopt, issue or amend the syllabi or terms of specification of
subjects for the paralegal licensure examination consistent with the
policies and standards set by the Commission on Higher Education
(CHED);

cc. Evaluate and approve applications for licensure examination;

d. Administer oaths and issue Certificates of Registration and the
Professional Identification Card to persons admitted to the practice of the
paralegal profession;

e. Prescribe guidelines in the Continuing Professional Development (CPD) in
coordination with the accredited and integrated national professional
organization of paralegals;

f. Recommend measures necessary for the upgrading, enhancement,
development and growth of the paralegal profession in the Philippines;

g. Monitor the conditions affecting paralegal practice and, when necessary,
adopt such measures as may be deemed proper for the enhancement and
maintenance of high ethical, moral, and professional standards for


h. Adopt and prescribe a Code of Professional Ethics and a Code of Technical
Standards for paralegals;

i. Conduct inspection and monitoring of establishments where the paralegal
profession is practiced, and of higher educational institutions where
paralegal courses are being offered, in coordination CHED, to ascertain
that professional standards are complied with;

j. Ensure, in coordination with CHED, that all institutions offering legal
management and paralegal studies comply with prescribed standards for
curriculum, faculty, and facilities;

k. Supervise and regulate the registration, licensure, and practice of
paralegals in the Philippines;

|. Adopt a program for the full computerization of the licensure examination
for paralegals;

m. Issue, reinstate, suspend, or revoke the Certificate of Registration and
Professional Identification Card or grant or cancel a temporary/special
permit;

n. Issue Certificates of Recognition for advanced studies, researches and
accomplishments that contribute to the enrichment of the profession;

0. Adopt policies and set the standards for all types of paralegals; and

p. To discharge other powers and duties as the Board may deem necessary
for the paralegal practice and the continued growth and development of
paralegals and paralegal education in the Philippines.

The policies, resolutions, rules and regulations issued or promulgated by the
Board shall be subject to review and approval of the Commission. However, the
Board's decision, resolution, or order rendered in administrative cases shall be
‘subject to review only on appeal.

SEC. 12. Removal or Suspension of the Chairperson or Members of
the Board. — The Chairperson or any Member of the Board may be suspended or
removed upon due notice and hearing by the President of the Philippines, upon the
recommendation of the Commission, for neglect of duty, abuse of power,
oppression, incompetence, unprofessional, unethical, immoral, or dishonorable
conduct, commission or toleration of irregularities in the conduct of examination or
‘tampering of the grades therein, or for any final judgment or conviction of any
criminal offense involving moral turpitude. The rights of Chairperson and Members
to be due process and to be assisted by counsel shall be respected in the proper
administrative proceedings to be conducted for the purpose.

SEC. 13. Supervision of the Board, Custodian of Its Records,
Secretariat, and Support Services. — The Board shall be under the general
supervision and administrative control of the Commission. All records of the Board,
including applications for examination, examination papers and results, minutes of
deliberations, administrative and other investigative cases involving paralegals, shall
be kept by the Commission. The Commission shall designate the secretary of the
Board and shall provide the secretariat and other support services to implement the
provisions of this Act subject to the usual government accounting and auditing rules


SEC. 14. Annual Report. — The Board shall, at the close of each fiscal
year, submit an annual report to the Commission, giving a detaited account of its
proceedings and accomplishments during the year and recommending measures to
be adopted with the end-in-view of upgrading and improving the conditions affecting
paralegal practice in the Philippines.

ARTICLE IV
Licensure Examination and Registration

SEC. 15. Licensure Examination. — Applicants for registration, except
those specifically allowed under Section 22 of this Act, shall be required to undergo
a written licensure examination to be given by the Board in such places and dates
the Commission may designate subject to compliance with the requirements
prescribed by the Commission.

SEC. 16. Qualifications for Examination. — Applicants for licensure
examination must meet the following qualifications at the time of filing of
applications:

a, Citizen and resident of the Philippines: Provided, that citizen of a foreign

country may be allowed to take the examination, subject to the
requirement of reciprocity pursuant to Section 31 of this Act;

b. Possesses good moral character and must not have been convicted of any
crime involving moral turpitude;

¢, Graduate of a Bachelor’s degree conferred by a school, college, or
university recognized and duly accredited by CHED: Provided, That six (6)
years after the effectivity of this Act, only the graduates of the following
degrees shall be allowed to qualify for application to the licensure
examination:
1. Bachelor of Science in Legal Management;
2. Bachelor of Science in Paralegal Studies; and

3. Any bachelor’s degree in arts and sciences with at least eighteen
(18) units in professional paralegal practice.

All applications for examination shall be filed with the Board which shall
assess and approve said applications and issue to the qualified examinees the
corresponding permits to take such examination.

SEC. 17. Scope of Examination. — The licensure examination shall cover,
but not be limited to, the following subjects:

a. Government;
b. The Judicial system;

c. Civil, criminal, and quasi-judicial procedures;
d. Jurisdiction of local government units;

e. Ethical standards of paralegals;


f. Obligations and commercial contracts;
g. Tax and labor law compliance; and
h. Rules, regulations and procedures of various administrative agencies.

The Board may also re-cluster, rearrange, modify, add, or exclude any of the
foregoing subjects as the need arises and may recommend to CHED changes in said
subjects to conform to developments in the paralegal profession.

SEC. 18. Rating in the Examination. — To pass the licensure
examination, a candidate must obtain a passing rating of seventy five percent (75%)
in each subject given during the examination; Provided, however, That an examinee
who obtains a passing rating in the majority of the subjects but obtains a rating in
the other subjects below seventy five percent (75%) but not lower than sixty
percent (60%), shall be allowed to take one removal examination on the subjects
where the passing rating was not obtained; Provided, finally, That should the
examinee fail to obtain a passing rating in the removal examination, the examinee
shall be considered as having failed the entire licensure examination.

SEC. 19. Report of Results of Examination. — The Board shall report to
the Commission the results of the examination and the ratings of the examinees
within sixty (60) days after the examination unless extended by the Commission for
just and valid cause.

SEC, 20. Oath of Profession. — All successful examinees qualified for
registration and all qualified applicants for registration without examination shall be
required to take an oath of profession before any Commission Officer, or Member of
the Board or any government official authorized to administer oaths, prior to
entering into paralegal practice in the Philippines.

SEC. 21. Issuance of Certificate of Registration and Professional
Identification Card. — The Commission, on recommendation of the Board, shall
issue a Certificate of Registration and Professional Identification Card to each person
who passed the licensure examination for paralegals and to those who are
registered without examination under this Act and shall enter the name of the
registered professional in the Roster of Paralegals. The Certificate of Registration
shall bear the signature of the Chairperson of the Commission and the Chairperson
and Members of the Board, stamped with official seals of the Board and Commission
indicating that the person named therein is entitled to the practice of the profession
with all the privileges appurtenant thereto. The said Certificate of Registration shall
remain in full force and effect until suspended or revoked in accordance with this
Act. A Professional Identification Card bearing the name and signature of the
registrant, registration number, date of issuance, expiry date, duly signed by the
Chairperson of the Commission, shall likewise be issued to every registrant who has
paid the prescribed fee.

Section 22. Registration Without Examination. — Upon application and
payment of the required fees, the following shall be registered, and shall be issued
by the Board and the Commission a Certificate of Registration and a Professional
Identification Card without taking the prescribed examination:

a. Those who, upon the effectivity of this Act, have been issued a
certificate of completion of the Paralegal Training Program offered by the
University of the Philippines Law Center and been a member of good
standing of the Paralegal Training Program Alumni Association, Inc. for at


b. Those who, upon the the effectivity of this Act, have been issued a
certificate of completion of OPLAN Jail Decongestion ‘spearheaded by the
National Committee on Legal Aid (NCLA) of the Integrated Bar of the
Philippines (IBP) and been providing paralegal services for at least (2)
years;

cc. Those who, upon the effectivity of this Act, have been issued a certificate
of completion of the Bureau of Jail Management and Penology (BJMP)
paralegal program and been BJMP paralegal officers for at least two (2)
years; and

d. Those who, upon the the effectivity of this Act, hold permanent
appointments and have at least two (2) years of actual experience in
providing paralegal services.

Those so exempt under the aforementioned categories shall file their
application within two (2) years from the effectivity of this Act: Provided, That the
renewal of their professional identification cards shall be subject to the provisions of
Section 21 hereof.

SEC. 23. Refusal to Issue Certificate of Registration and
Professional Identification Card. — The Board shall not register any successful
examinee nor any applicant for registration without examination if he or she has
been convicted by a court of competent jurisdiction of any criminal offense involving
moral turpitude or has been found guilty of immoral and dishonorable conduct after
investigation of the Board, or has been declared to be of unsound mind. The reason
for the refusal shall be set forth in writing.

SEC. 24. Revocation and Suspension of Certificate of Registration
and Professional Identification Card or Cancellation of Temporary/Special
Permit. — The Board shall have the power, after due notice and hearing, to revoke
or suspend the Certificate of Registration or cancel a temporary or special permit of
any paralegal on any of grounds under Section 23 of this Act, or for any of the
following: unprofessional or dishonorable conduct in paralegal practice; fraud; deceit
‘or falsification in obtaining a certificate of registration, professional identification
card, or temporary/special permit; abetment of illegal practice by allowing illegal use
of his/her Certificate of Registration, or Professional Identification Card, or
temporary or special permit; practice of profession during the period of suspension;
or any violation of this Act, its Implementing Rules and Regulations, the Code of
Ethics or the Code of Technical Standards for Paralegals, or Board policies. The
respondent may appeal the Board's decision, order or resolution to the Commission
within fifteen (15) days from receipt thereof.

SEC. 25. Reissuance of Revoked Certificate of Registration and
Replacement of Lost Certificate of Registration and Professional
Identification Card. — The Board after two (2) years from the date of revocation
of the Certificate of Registration may reissue a certificate upon proper application. A
new Certificate of Registration and Professional Identification Card, or temporary or
special permit, which has been lost, destroyed or mutilated, may be reissued after
payment of the required fee prescribed by the Commission.

SEC. 26. Roster of Paralegals. — The Board, in coordination with the
accredited and integrated national organization of paralegals, shall maintain an up-
to-date, complete and properly organized Roster containing the following data:


a. alphabetical list by surname of paralegals with their addresses and
license numbers;

b. the list of licensees, numerically arranged by license numbers; and
c. such other lists which the Board may deem necessary.

Copies of the Roster, which shall be provided to the National Library, the Civil
Service Commission, and the accredited national organization of paralegals, shall be
kept as a permanent record.

ARTICLE V
Paralegal Practice

SEC. 27. Prohibitions and Limitations in the Paralegal Practice. — No
person shall practice or offer to practice as a paralegal in the Philippines or offer
oneself as a paralegal, or use the title, word, letter, figure, or any sign tending to
convey the impression that one is a paralegal or advertise or indicate in any manner
whatsoever as qualified to perform the work of a paralegal unless the person
satisfactorily passed the licensure examination given by the Board, except as
otherwise provided in this Act, and is a holder of a valid certificate of registration
and a valid professional license or a valid temporary special permit duly issued by
the Board and the Commission.

SEC. 28. Other Prohibited Acts. — No person shall:

a. Represent oneself as a paralegal during the time that the professional
license is not valid, or that the Certificate of Registration has been
suspended or revoked, or that the temporary special permit is cancelled;

b. Allow another person to use one’s Certificate of Registration and/or
professional license or temporary special permit as a paralegal to enable
the person to engage in the practice of paralegal;

c. Use the Certificate of Registration or professional license or special
temporary permit of another paralegal.

SEC. 29. Continuing Professional Development (CPD) Program —
The CPD guidelines shall be prescribed and promulgated by the Commission upon
consultation with the Board, which shall consult the integrated APO of paralegals,
affiliated association of paralegals, and other concerned sectors. The Board shall
create a CPD Council that shall be composed of a Chairperson coming from the
Board, a member from the APO of paralegal and a member from the academe.

SEC. 30. Integration of Paralegals — All paralegals shall be integrated
into one (1) national organization, which shall be recognized by the Board and by
the Commission as the one and only integrated APO of paralegals. A paralegal duly
registered with the Board shall automatically become a member of the integrated
‘APO of paralegal, and shall receive the benefits and privileges thereto, upon
payment of the required fees and dues. Membership in the integrated APO shall not
be a bar to membership in other associations of paralegals.

SEC. 31. Foreign Reciprocity — No foreign paralegal shall be admitted to
the licensure examination, or be given a certificate of registration and a professional
license, or be entitled to any of the privileges under this Act, unless the country of
which he or she is a subject or citizen specifically permits Filipino paralegal to


practice within its territorial limits under the same conditions and an equal basis as
its own subjects or citizens.

SEC. 32. Indication of License and Privilege Tax Receipt - A paralegal
shall be required to indicate the registration or professional number and date of
issuance, the duration of validity, including the Professional Tax Receipt number on
the documents one signs, or issues in connection with the practice of the profession.

ARTICLE VI
Penal and Final Provisions

SEC. 33. Penal Provisions. — Any violation of this Act, including violations
of its Implementing Rules and Regulations, shall be meted the penalty of a fine of
not less than fifty thousand pesos (P50,000.00) but not more than five hundred
thousand pesos (P500,000.00) or imprisonment of not less than six (6) months but
not more than four (4) years, or both such fine and imprisonment upon the
discretion of the court. In case the violation is committed by an unlicensed
paralegal, the penalty shall be double the aforesaid fine and imprisonment.

In case the violation is committed by a partnership, corporation, association,
or any other juridical person, the partner, president, director, or manager who has
committed or consented to or knowingly tolerated such violation shall be held
directly liable and responsible for the acts as principal or as a co-principal with the
other participants, if any.

SEC. 34. Appropriations. — The Chairperson of the Commission shall
immediately include in the Commission's programs the implementation of this Act,
the funding of which shall be included in the annual General Appropriations Act and
thereafter.

SEC. 35. Implementing Rules and Regulations. — Within six (6) months
after the effectivity of this Act, the Board, subject to the approval of the
Commission, shall promulgate, adopt, and issue rules and regulations, and the Code
of Ethics and the Code of Technical Standards for Paralegals which shall take effect
fifteen (15) days following publication in the official Gazette or newspaper of general
circulation.

SEC. 36. Separability Clause. — If any clause, sentence, paragraph, or
part of this Act shall be declared invalid or unconstitutional, the other provisions not
affected thereby shall remain valid and subsisting.

SEC. 37. Repealing Clause. — All laws, presidential decrees or issuances,
executive orders, letters of instruction, administrative orders, proclamations,
charters, rules, or regulations, or parts thereof, contrary to or inconsistent with the
provisions of this Act are hereby repealed, modified, or amended accordingly.

SEC. 38. Transitory Provision. — All incumbent paralegals in both the
public and private sector not otherwise certified as paralegals by virtue of this Act
shall be given six (6) years temporary certificates from the time the Board is
organized within to qualify as required of this Act and be included in the Roster.

SEC. 39. Effectivity Clause. — This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or a newspaper of general circulation.

Approved,