Republic of the Philippines
Congress of the Philippines
Metro Manila

Eighteenth Congress
First Regular Session

5886
House Bill No.

AN ACT ESTABLISHING THE PARALEGAL PROFESSION AND CODIFYING
THE PARALEGAL PROFESSIONAL CONDUCT GUIDELINES.

Introduced by:
Juan Fidel Felipe F. Nograles
Second District
Province of Rizal

Explanatory Note

Paralegals are legal assistants who provide support to legal practitioners and
lawyers. They have been around as trusted researchersand assistants to facilitate the
practice of law. They interview clients and witnesses, conduct important research, and
prepare court documents. Eventhough they don't actually give legal advice or
represent clients during trials, paralegals play a significant role in legal proceedings.
Despite their importance in the legal profession, paralegals do not get the
compensation and recognition they deserve.

Paralegals can also be agents of the State in popularizing the law, especially to
those marginalized. These are equipped individuals who can discuss the laws to the
marginalized in the less technical and legal terms and in a manner easily
understandable by the common people. Thus, as agents of justice by the State,
paralegals need to be equipped with the right knowledge and capacity to be able to
effectively dispense their role in our society.

Moreover, in many countries, there has been a rising demand for paralegal
services, increasing at a growth rate of 33% per year ~ a very significant growth in
comparison to those of other professions. Some of these paralegal are directly engaged
in the legal profession while the rest are in various economic sectors.


‘Thus,to respond to the rising demand for paralegals and the changing needs of
the legal profession, paralegals must be reliable, competent, and capable of
maintaining high standards in practice and the proper demeanor, which includes their
competence, skills, thoughts, and behaviors. Paralegals need to be defined and their
roles need to be clearly outlined. Paralegals can only claim the title of a professional
or make claims of professionalism if this is guaranteed to them through our laws.
Thus, it is high time to professionalize paralegals and guarantee them career and
professional development and the respect and dignity they deserve.

This bill proposes a comprehensive measure to professionalize the paralegal
profession. This isto make paralegals as agents of the State in making justice
accessiblethrough competent assistance to the legal profession and through legal
education and information campaigns provided by paralegals. Paralegals shall also be
allowed to take affidavits and copy certifications, bringing down notarial costs to
benefit the marginalized and indigents. Thus, the urgent passage of this bill is
fervently requested.

of Jad
REP! FIDEL F. NOGRALES
2e4 District of Rizal


Republic of the Philippines
Congress of the Philippines
Metro Manila

Eighteenth Congress
First Regular Session
5886
House Bill No.
December __ 2019

Juan Fidel Felipe F. Nograles, 2° District, Rizal

AN ACT ESTABLISHING THE PARALEGAL PROFESSION AND CODIFYING
THE PARALEGAL PROFESSIONAL CONDUCT GUIDELINES.

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 and cited as the “Paralegal
Professionalization Act of 2019”.

SECTION 2. Declaration of Policy - Itis the policy of the State to ensure that justice,
in its most tangible and immediate sense, is made easily accessible to all its citizens.
In line with the foregoing, the State recognizes that there is a need to establish the
paralegal profession. In creating and then subsequently supporting the paralegal
profession, the State believes that knowledge and access to law and legal service will
be far more accessible, as professional paralegals will be able to provide force-
multiplying support to the country’s lawyers, and provide a means to bridge the gaps
in frontline legal service that are caused by a shortage of existing lawyers.

SECTION 3. Definition of Terms -

(a) “Legal work” refers to those work which are outside the practice of law and
thus, may be performed by non-members of the Integrated Bar of the


Philippines. This work may include providing assistance to lawyers or
administering oath as provided under this Act.

(b) “Paralegal” refers to a natural person, qualified, through education,
training or work experience, as further defined under this Act, to perform
substantive legal work that requires knowledge of legal concepts, which
legal work is customarily, but not exclusively, performed by a lawyer;

(©) “Paralegal Training and Education Program” refers to the education and
training program to be undergone by an individual aspiring to become a
paralegal;

(d) “Paralegal Training and Education Board” refers to the body or authority
that has supervision and control over the administration of the Paralegal
Training and Education Program;

(©) “Paralegal Professional Exam” refers to the accreditation exam taken by
individuals who are qualified to take the same after finishing the Paralegal
Training and Education Program, or otherwise qualified as provided in this
Act;

SECTION 4. Paralegal Training and Education Program -

(a) An individual who aspires to be a paralegal must first undergo the
Paralegal Training and Education Program (the “PTEP”). The PTEP shall
be jointly developed and created by the Department of Justice (the “DOJ”),
the Supreme Court (the “SC”), andCommission on Higher Education (the
“CHED”).

(b) The PTEP shall consist of at least eighty-four (84) units of substantive and
procedural law subject classes, broken down into twenty-one (21) units per
semester, and two (2) semesters a year for two (2) years. Each unit
translates to one (1) hour of class time per week, with at least sixteen (16)
weeks per semester. The subjects shall be chosen by the Paralegal Training
and Education Board, bearing in mind that the paralegals need

©)

In addition, the PTEP shall include at least two hundred (200) hours of on
the job training in government offices tasked with legal practice or
functions, or in accredited private law offices.

(@) Toapply asa paralegal trainee under the PTEP, a person must be a Filipino
citizen of legal age, and shall at least be ahigh school graduate.

The completion of the PTEP shall be a pre-requisite to taking the Paralegal
Professional Exam. In addition, the completion of the eighty-four (84) class units of


the PTEP shall be given corresponding credit by law schools in case an individual who
has undertaken the PTEP decides to pursue further legal education. The SC shall
decide such corresponding credit.

SECTION 5. Paralegal Professional Exam ~ After completing the PTEP, a paralegal
trainee may apply to take the Paralegal Professional Exam (the “PPE”) which shall
consist of an eight (8) hour exam, taken over the course of a weekend, broken down
into four (4) hours each day. The PPE shall be conducted under the control of the
Paralegal Training and Education Board, and shall be given twice a year. After
successfully passing the PPE, an individual shall be accredited as a professional
paralegal.

Any individual who has taken at least eighty-four (84) units of law school education,
may, after completing the two hundred (200) hours of on the job training required,
apply to take the PPE without needing to undergo through the eighty-four (84) unit
classes of the PTEP. Such an individual shall, after taking and successfully passing the
PPE, be accredited as a professional paralegal.

SECTION 6. Paralegal Training and Education Board - A Paralegal Training and
Education Board (the “PTEB”) is herein established, consisting of a chairperson to be
appointed by the SC, two (2) co-chairpersons, each to be respectively appointed by the
DOJ and CHED, one member from the University of the Philippines Law Center, two
(2) members to be appointed by the Integrated Bar of the Philippines (the “IBP”), and
two (2) members who are concurrent deans of Philippine law schools or colleges, to
be selected by the chairperson and co-chairpersons.

The PTEB shall oversee, supervise, and control the implementation of the PTEP and
the conduct of the PPE. Further, the PTEB shall ensure the professional conduct of
accredited paralegals through the creation and strict implementation of a Paralegal
Code of Conduct.

SECTION 7. Functions of a Paralegal - A paralegal shall perform legal work in
support of the legal practice of lawyers and attorneys, such as drafting of legal
pleadings and motions, among others. They shall also assist in the programs of
government on information, communication and education campaigns to popularize
laws. Nothing in this act shall be read to mean that paralegals are allowed to enter
their appearance as counsels in judicial and quasi-judicial proceedings, to sign legal
pleadings and motions, or to perform other acts exclusively allowed by law to be done
only by lawyers or attorneys. The PTEB shall draft and promulgate guidelines
enumerating the allowed functions of paralegals.


SECTION 8. Paralegal as Officers Authorized to Administer Oath - In addition to
the list under Section 41 of Executive Order No. 292, or the “ Administrative Code of
1987”, paralegals are also hereby given general authority to administer oath. The
Paralegal Training and Education Board shall promulgate the pertinent guidelines to
govern the commissioning of said paralegals as administering officers; provided, only
such fees as may be reasonable as to ensure that the administration of oath is easily
accessible to members of marginalized and indigent sectors of society shall be
imposed.

SECTION 9. Qualification in Public Office - Subject to pertinent civil service laws,
rules and regulations, paralegals are hereby deemed qualified to have satisfied the
educational requirement of positions in the Government, including government-
owned or -controlled corporations, in which among the qualification is a four-year
college degree.

SECTION 10. Dignity of Paralegals - As professionals, paralegals shall be accorded
with dignity, respect, and professionalism that the profession deserves. They shall be
compensated in accordance with existing Labor Standards and shall enjoy all rights
accorded to them by law, statues, ordinances and other existing rules.

SECTION 11. Code of Conduct - The Paralegal Training and Education Board shall
promulgate the Code of Conduct for Paralegals within one hundred eighty (180) days
from the effectivity of this Act.

SECTION 12. Rules and Regulations - The SC, the DOJ, and the DepEd, in
coordination with concerned agencies, shall prepare and issue the implementing rules
and regulation within one hundred eighty (180) days from the effectivity of this Act.

SECTION 13. Appropriations - Such amount as may be necessary for the effective
implementation of this law shall be included in the annual General Appropriations
‘Act (GAA) under the annual budget of the city or municipality concerned.

SECTION 14. Separability Clause - If any provision of this Act is declared invalid,
the remainder or any provision hereof not affected thereby shall remain in force and
effect.

SECTION 15. Repealing Clause - The provisions of existing laws, decrees, issuances,
rules and regulations, or portions thereof, which are inconsistent herewith are hereby
repealed, modified, or amended accordingly.

SECTION 16. Effectivity -This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.