REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Billo, 8494

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

“Teacher is a maker of man. He is foundation of all Education, and thus of the whole
civilization of mankind, present and future. No nation reconstruction is possible without the
active cooperation of the teacher.” - John Adams.

‘Teachers are expected to help students learn by imparting knowledge to them and by setting
up a situation in which students can and will learn effectively. A nation is built by its citizens,
while its citizens are educated, molded by its teachers. Thus, the role of a teacher in nation-
building can’t be overlooked.

Teachers fill a complex set of roles. Some of these roles are performed in the school, some in
the community. During election period, teachers play a huge role in the conduct of peaceful,
honest, and clean elections. While teachers are always ready to help and serve the country,
they are sometimes placed in precarious situations while acting as election officers.

Election duties entail high risks for teachers, as they face intimidation from political camps in
addition to working long hours to canvass votes. Many teachers are slapped with election-
related cases which are intended to merely harass them.

In order to uphold the rights and safety of our teachers, this measure provides a mechanism
for a free legal assistance to teachers who are charged with cases arising from the lawful
discharge of their professional duties during elections.

In view of the foregoing, immediate passage of this measure is sought.

ARY C. ALEJANO
Representative
Magdalo Para sa Pilipino Party-List



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8494

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALEJANO

AN ACT
TO PROVIDE FREE LEGAL ASSISTANCE AND FINANCIAL SUPPORT TO
PUBLIC SCHOOL TEACHERS CHARGED WITH ELECTION-RELATED
OFFENSES

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

SEC. 1.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 a legal counsel.

SEC.2. Definitions of Terms- For purposes of this Act, the term:

a. “Legal services” to be performed by a lawyer refers to any activity which requires
the application of law, legal procedure, knowledge, training and experiences
which shall include, among others, legal advice and counsel, and the preparation
of instruments and contracts, including appearance before the administrative and
quasi-judicial offices, bodies and tribunals, handling cases in court, and other
similar services as may be defined by the Supreme Court.

b. “Election-related cases” refers to administrative, civil or criminal proceedings
filed against a teacher for actions committed directly in the lawful discharge of
professional duties during elections.

¢. “Financial support” refers to reasonable financial assistance determined by both
Department of Education and Commission on Elections to defray emergency
expenses.

SEC.3. Requirements of Availment.- Public school teachers charged with cases
involving due performance of electoral duties shall be given free legal assistance and
financial support, For purposes of availing of the benefits and services as envisioned in this
Act, a lawyer or professional partnership shall secure a certification from the Public
Attorney's Office (PAO), Department of Justice, or accredited association of the Supreme
Court indicating that the said legal services to be provided are within the services defined by
the Supreme Court


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For purposes of determining the number of hours actually provided by the lawyer
and/or professional firm in the provision of legal services, the association and/or organization
duly accredited by the Supreme Court shall issue the necessary certification that said legal
services were actually undertaken. The certification issued by, among others, the PAO, DOJ
and other accredited association by the Supreme Court shall be submitted to the Department
of Justice (DOJ) for purposes of monitoring,

SEC.A4. Incentives to Lawyers.- For purposes of this Act, a lawyer rendering actual
legal services, as defined by the Supreme Court, shall be entitled to at least thirty-six units of
mandatory continuing legal education (MCLE).

SEC.5. Information, Education and Communication (IEC) Campaign. — The
Department of Justice (DOJ), in cooperation with the Philippine Information Agency (PIA),
is hereby mandated to conduct an annual information, education and communication (IEC)
campaign in order to inform the lawyers of the procedures and guidelines and inform the
general public that a free legal assistance to those who cannot afford counsel is being
provided by the State.

SEC.6. Reportorial Requirement. For purposes of determining the effectiveness and
social impact of the provisions of this Act, the Department of Justice (DOJ) shall submit an
Annual Report to both Houses of Congress indicating therewith the number of parties who
benefited from this measure. The report shall state in detail, among others, the geographic
location, demographic characteristics and socio-economic profile of the beneficiaries of this
measure.

SEC.7. Implementing Rules and Regulations (IRR) — Within ninety (90) days from
the date of effectivity of this Act, the Supreme Court (SC) shall formulate the necessary
implementing rules and regulations with respect to the legal services covered under this Act,
the process of accreditation of organizations and/or associations which will provide free legal
assistance and the incentives to be given to lawyers.

SEC.8. Separability Clause.- If, for any reason, any provision or part of this Act is
declared invalid of unconstitutional, the remaining parts or provisions not affected thereby
shall remain in full force and effect.

SEC9. Repealing Clause.- All laws, executive orders, presidential decrees,
issuances, rules and regulations or part thereof inconsistent with any provision of this Act are
hereby modified, amended, or repealed accordingly.

SEC.10. Effectivity.- This Act shall take effect fifteen (15) days after its publication
in the Official Gazatte or in a newspaper of general circulation

Approved,