Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2993
HOUSE BILL NO. __

Introduced by Representative Fidel Nograles

EXPLANATORY NOTE

The State is very cognizant of the need to provide free access to the courts and
quasi-judicial bodies; and to ensure adequate legal assistance to marginalized
and underprivileged clients. The State likewise recognizes the right of persons
to speedy resolution of cases before all judicial, quasi-judicial, or administrative
bodies. Such rights are provided in the 1987 Constitution.

In pursuant to this and under Section 5(5), Article VIII of the 1987 Constitution,
under its power to adopt and promulgate rules concerning legal assistance to
the underprivileged, the Supreme Court has recently released A.M. No. 19-03-24-
SC Rule 138-A Law Student Practice, otherwise known as the Revised Law
‘Student Practice Rule.

‘The Revised Law Student Practice Rule provides, amongst others, that a law
student must be certified to be able to engage in the limited practice of law; it
seeks to ensure access to justice of the marginalized sectors, enhance learning
opportunities of law students by instilling in them the value of legal professional
social responsibility, and to prepare them for the practice of law; and the need
to institutionalize clinical legal education program in all law schools in order to


enhance, improve, and streamline law student practice, and regulate their
limited practice of law.

Ina similar manner, Republic Act No. 7662 (Legal Education Reform Act of 1993),
established the Legal Education Board, to oversee and provide reforms in legal
education. Some of its objectives include preparing students for the practice of
law; and contributing towards the promotion and advancement of justice and
the improvement of administration, the legal system and legal institutions.

Moreover, a baseline study conducted by the Ateneo Human Rights Center and
Alternative Groups in 2007 found that only thirty-one (31) percent of law schools
have legal aid programs in place. While, four regions - CAR, ARMM (now
BARMM), and Regions 1 and 2 have none at all. Further, NCR has the highest
number of law schools with attached legal aid clinics, e.g., Office of the Legal Aid
of the University of the Philippines as one of the pioneers of such program.

Alongside the revision of the Rule 138-A, the need to institutionalize a
comprehensive Legal Aid Program, through the creation of Legal Aid Clinics in
law schools nationwide is imperative. Such comprehensive Legal Aid Program
will provide the necessary guidance and supervision of law student practice.

This House Bill seeks to create a comprehensive Legal Aid Program. The
development of a comprehensive Legal Aid Program for law schools all over the
Philippines would provide the necessary link to access to justice for the
marginalized and underprivileged, and the law students who shall be certified
and qualified to extend legal aid.

Thus, the early passage of this bill is earnestly requested.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2993

Introduced by Representative Fidel Nograles

AN ACT

CREATING A COMPPREHENSIVE LEGAL AID POGRAM,
RATIONALIZAING STANDARDS FOR THE UNDERPRIVILEGED AND
UNDERSERVED, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

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 “Legal Aid
Program Act of 2019.”

SECTION 2. DECLARATION OF POLICY. - It is a policy of the State to
promote and encourage legal services for the underprivileged and underserved.
To make available adequate legal services especially in rural areas.

In order to guarantee promoting access to justice to those who come from
low socio-economic strata of society, legal aid would serve to support victims,
improve implementation of the law, and counter impunity. The development of
a legal aid program in these schools would boost the access to justice for the
marginalized sector that needs the aid the most.


Itis the 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
on 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, including requiring legal apprenticeships and law student
practice through legal aid clinics.

SECTION 3. OBJECTIVES. - It shall be the policy of the State to undertake,
in cooperation with all the respective law schools, a comprehensive and
continuing Legal Aid Program, which shall:

a. Uplift the conditions of the underprivileged and undeserved, in a
sectoral approach;

b. Provide for the rational delivery of legal services;

c. Adopt workable policies to regulate and direct urban growth and
expansion towards a dispersed urban-rural interdependence;

d. Provide for an equitable program that shall guarantee the delivery of
legal services;

e. Encourage more effective people’s participation in the developing
legal services process; and

f. Improve the capability of all law schools in undertaking the delivery
and development of such legal services.

SECTION 4. COVERAGE. - The provisions of this Act shall apply to all
public or private law schools, upon the determination of the LEB in accordance
with Section 9 of this Act.

SECTION 5. IMPLEMENTING RULES AND REGULATIONS. - The Legal
Education Board (LEB), under the direction of the Supreme Court (SC), and in
coordination with Department of Justice (DOJ) and Local Government Units


(LGUs), Integrated Bar of the Philippines (IBP), Philippine Association of Law
Schools (PALS), Association of Law Student in the Philippines (ALSP), Office of
the Legal Aid (OLA) of the University of the Philippines (UP), International Pro Bono
Alliance, civil society organizations and other stakeholders, shall establish a
comprehensive Legal Aid Program within six (6) months from effectivity of this
Act, and to be implemented in the next academic school year. The same
comprehensive Legal Aid Program shall similarly serve as the necessary rules and
regulations for the effective implementation of this Act.

The Legal Aid Program shall refer to the comprehensive plan for the creation
of Legal Aid Clinic in law schools that shall be aimed at achieving such noble
objectives of the Program; Provided, That it shall aim to strengthen and support
AM. No. 19-03-24-SC Rule 138-A Law Student Practice, otherwise known as the
Revised Law Student Practice Rule.

The Legal Aid Clinic in schools shall provide free legal assistance to indigent
clients, with priority to clients that belong to sectors with the highest prevalence
of need for each locality.

In the creation of this Program, a review and rationalization of the legal
services, standards and guidelines, and all other objectives and activities of all
agencies and sectors involved which shall substantially affect the entire populace
shall be undertaken with the concurrence of the LGUs concerned.

SECTION 6. APPEARANCE. - The appearance of the law student shall be
upon conditions provided under the Revised Law Student Practice Rule;
Provided, That it shall be under the direct supervision and control of a member
of the IBP duly accredited by the law school.

SECTION 7. PRIVILEGED SERVICES. - The Rules safeguarding privileged
communications between attorney and client shall apply to similar
communications made to or received by the law student, acting for the legal aid
clinic.


SECTION 8. STANDARDS OF CONDUCT AND REGULATION. - The law
student shall comply with the standards provided in the Revised Law Student
Practice Rule.

Failure of an attorney to provide adequate supervision of students practice
may be a ground for disciplinary action.

SECTION 9. LEGAL AID PROGRAM IN PRIVATE SCHOOLS. - The LEB
shall conduct a study and recommend to Congress the feasibility of the conduct
of a Legal Aid Program in private law schools. Should the LEB determine, after
study, it shall recommend to Congress the establishment of a nationwide
implementation of a Legal Aid Program: Provided, That the study shall be
conducted within one (1) year from the effectivity of this Act.

SECTION 10. PERIODIC REPORTS. - The LEB shall submit periodic
reports on the implementation of this Act at the end of the third year from the
date of its effectivity and every year thereafter; Provided, further, that the LEB
shall likewise submit its findings and make recommendations on actions to be
taken by Congress and Senate and the appropriate department.

SECTION 11. APPROPRIATION - The initial amount necessary for the
implementation of this Act shall be charged against the current appropriation of
the LEB: Provided, That such sums necessary for the continued implementation
of this Act shall be taken from the Legal Education Fund, as provided in Republic
Act No. 7662: Provided, further, That State universities and colleges affected by
this Act shall include in the annual General Appropriations Act thereof for the
continued implementation of this Act.

SECTION 12. REPEALING CLAUSE. - All laws, decrees, executive orders,
rules and regulations, or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.


SECTION 13. SEPARABILITY CLAUSE. - If, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby.

SECTION 14. EFFECTIVITY CLAUSE. - This Act shall take effect after
fifteen (15) days from its publication in the Official Gazette or in any national
newspapers of general circulation.

Approved,