House of Representatives
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. __9196

Representatives MANUEL ANTONIO F. ZUBIRI, ANTHONY M. BRAVO and
CESAR V. SARMIENTO

EXPLANATORY NOTE

The invaluable services rendered by paralegals to lawyers cannot be under estimated.
Their work in assisting with the legal research, speeding up the discovery process, to better
serve the client and increase in the profitability of lawyers will redound to speedy disposition
of cases. In other countries such as Canada and the United States of America, paralegal is a
recognized profession and is widely practiced

Thus, it is the intent of this bill to give Filipinos who have been practicing the
paralegal work, the necessary recognition and government assistance to develop the said
profession

In view of the foregoing, the approval of this measure is earnestly sought.

REP. CESAR V. SARMIENTO ‘TO D, BERTIZ Il


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. 9196

Introduced by

Representatives MANUEL ANTONIO F. ZUBIRI, ANTHONY M. BRAVO, and
CESAR V. SARMIENTO

AN ACT
PROFESSIONALIZING THE PRACTICE OF THE PARALEGAL PROFESSION IN.
THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE 1

TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS

SECTION 1. Short Title. - This Act shall be known as the "Paralegal Act of the
Philippines"

SEC. 2. Statement 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, world class 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. Definition of Terms - As used in this Act

a. Paralegal profession or profession refers to the government-sanctioned performance
of specifically delegated substantive legal work for which a lawyer is responsible, including
but not limited to legal research, drafting of simple legal documents, liaising with judicial and
quasi-judicial bodies, interview of clients, etc. and for which a license to practice law is not
required under prevailing rules and regulations.


b. Paralegal refers to any a person qualified to practice the paralegal profession as
provided in this Act and who is a holder of a valid certificate of registration and a valid

professional license issued by the Professional Regulation Commission (PRC).

¢. Roster of Paralegals refers to the list of paralegals who have undergone a minimum
of ninety four (94) hours of training from any accredited training institutions and has been
admitted to the Roster of Paralegals.

ARTICLE I

THE PROFESSIONAL REGULATORY BOARD OF PARALEGALS

SEC. 4. Creation of the Professional Regulatory Board of Paralegals - There is
hereby created a Professional Regulatory Board of Paralegals, hereinafter called the Board,
under the administrative supervision of the Professional Regulation Commission (PRC). The
Board shall be composed of a Chairperson and two (2) Members who shall be appointed by the
President of the Republic of the Philippines from a list submitted by the PRC of three (3)
nominees for each position from a list of five (5) nominees for each position, chosen and ranked
by the integrated and accredited professional organization (APO) of paralegals. The Board shall
be organized not later than six (6) months after the effectivity of this Act.

SEC. 5. Powers and Functions of the Board — The Board shall exercise the
following powers and functions:

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

b. Supervise and regulate the registration, licensure, and practice of the profession in the
Philippines;

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

d. Issue special permits to persons admitted to the practice of the profession for a specific
duration of time, and certificates of recognition for advanced studies, researches and
accomplishments that contribute to the enrichment of the profession;

e. Issue, reinstate, suspend or revoke the Certificate of Registration and/or professional
license or cancel special permits for the practice of food technology;

f. Ensure, in coordination with the Commission on Higher Education (CHED), that all

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educational institutions offering paralegal education comply with the policies,
standards, and requirements of the course prescribed by CHED in the areas of

curriculum, faculty, library and facilities;

g. Prepare, adopt, and issue the syllabi of the subjects for examinations by determining
and preparing the questions which shall strictly be within the scope of the syllabus of
the subject for examination;

h, Prescribe guidelines and criteria in the Continuing Professional Development (CPD)
program for paralegals;

i. Monitor the conditions affecting the practice of the profession and adopt such measures
as may be deemed proper for the enhancement of the profession and the maintenance
of high professional, ethical and technical standards;

j. Prescribe and adopt, a Code of Ethics and a Code of Technical Standards for the practice
ofthe profession;

k. Hear and investigate cases on violations of this Act, its implementing rules and regulations
(IRR), the Code of Ethics, the Code of Good Governance, the Code of Technical Standards for
the practice of the profession and for this purpose, to issue summons, subpoena ad testificandum
and subpoena duces tecum to alleged violators and witnesses to compel their attendance in
hearings or investigations: Provided, That the decision of the Board shall, unless
appealed to the PRC, become final and executory after fifteen (15) days from receipt
thereof,

1. Grant registration without examination subject to approval by the PRC;

m. Administer oaths in connection with the administration of this Act;

n, Maintain an updated roster of paralegals in good standing indicating therein the basic
information about the registered professionals;

©. Adopt an official seal of the Board; and

p. Discharge such other powers and functions as the Board may deem necessary for the
practice of the profession and the upgrading, enhancement, development, and growth
of the practice in the Philippines.

‘The policies, resolutions, rules and regulations, orders or decisions issued or promulgated

by the Board shall be subject to the review and approval of the PRC.

SEC. 6. Qualifications of the Members of the Board - At the time of their respective
appointments, the members of the Board, including the Chairperson, must be:
a. acitizen and resident of the Philippines for the last five (5) years;
b. a degree holder of a Bachelor of Laws as conferred by a school, college or university

in the Philippines or abroad where Bachelor of Laws program is recognized by CHED;
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c. a duly registered paralegal under this Act, with a valid certificate of registration and
professional license and has been in the active practice of the profession in the
Philippines for at least three (3) years prior to the appointment of the member;

dd. _amember in good standing of the integrated APO of paralegals; and

¢. a person with no any pecuniary interest, directly or indirectly, in any school, academy,
college, university or institution conferring an academic degree necessary for admission
to the practice of the profession and/or offering and conducting review classes in

preparation for the licensure examination; nor a member of the faculty or of the

administration thereof at the time of the appointment of the member to the Board; and
£ a person who has not been convicted by any competent court of an offense involving
moral turpitude.

Provided, That the members of the first Board appointed under this Act, including the
Chairperson, and those appointed to serve the unexpired portion of the term of a vacating
member thereof, shall be exempted from qualifications (c) and (4) of this Section.

SEC. 7. Term of Office of the Members of the Board - The Chairperson and members
of the Board shall hold office for a term of three (3) years from the date of appointment or until
their successors shall have been qualified and appointed. They may be reappointed in the same
office for another term of three (3) years immediately after the expiry of their term: Provided,
That no member of the Board shall hold office for not_more than two (2) terms or not more
than six (6) years: Provided, further, That the first Board appointed under this Act shall hold
these terms of office: the Chairperson for three (3) years, the first member for two (2) years,
and the second member for one (1) year: Provided, finally, That an appointee to a vacancy shall
serve only the unexpired portion of the term of office. The Chairperson and the members shall
duly take their oaths of office before a duly authorized officer.

SEC. 8. Compensation and Allowance of the Board — The Chairperson and
members of the Board shall receive compensation and allowances comparable to that being
received by the chairpersons and members of existing regulatory boards under the PRC as
provided for in the General Appropriations Act

SEC. 9. Removal or Suspension of Members of the Board — The Chairperson or
any member of the Board may, upon the recommendation of the PRC may be suspended or
removed by the President of the Philippines upon due notice and hearing, for neglect of duties;

incompetence; malpractice; commission or tolerance of irregularities in any examination given

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by the Board, manipulation or rigging of the said examination, tampering of questions prior to
the conduct of the said examinations, or tampering of grades; unprofessional or unethical
conduct, or any other grounds analogous thereto. The rights of the accused or respondent to
be heard, to defend oneself, and to be assisted by counsel shall be respected in the proper
administrative investigation to be conducted for the purpose.

Any vacancy in the Board shall be filled for the unexpired portion of the term only.

SEC. 10, Supervision of the Board, Custodian of its Records, Secretariat, and
‘Support Services - The Board shall be under the administrative supervision of the PRC. All
records of the Board, including applications for examination papers and results, minutes of
deliberation, administrative cases, and other investigations involving paralegals shall be kept
by the PRC.

The PRC shall designate the Secretary of the Board and shall provide the secretariat and
other support services to implement the provisions of this Act.

SEC. 11. Annual Report - The Board shall, at the close of each calendar year, submit
an annual report to the PRC, giving a detailed account of its proceedings, accomplishments
during the year, and recommending measures to be adopted, with the end in view of upgrading

and improving the conditions affecting the practice of the profession in the Philippines.

ARTICLE HL

EXAMINATION AND REGISTRATION

SEC. 12. Licensure Examination Requirement - Except as otherwise specifically
allowed under this Act, applicants for registration for the practice of the profession shall be
required to pass a licensure examination as provided for in this Act in such places and dates as
the PRC may designate in the Resolution thereof on the Master Schedules for all licensure
examinations in accordance with Sec. 7 (4) of R.A. No. 8981, PRC Modernization Act of 2000,
as amended.

SEC. 13. Qualifications of an Applicant for the Licensure Examinations - An
applicant for the licensure examination for paralegals shall meet the following qualifications
a Possesses Philippine citizenship or, in the case of a foreign nationals,

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citizenship of a country or state that has a reciprocity agreement with the
Philippines on the practice of paralegals;

b. of good moral character

c Holds a Bachelor's degree, conferred by a school, college, or university
recognized and duly accredited by the CHED;

d Has completed a total of 94 hours of paralegal training program from

training institutions duly accredited by CHED and
e Has not been convicted of an offense involving moral turpitude by a court
of competent jurisdiction

SEC. 14, Ratings in the Examination. — To pass the licensure examination, a
candidate for paralegal 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. 16. Report of Rating — The Board and the PRC shall correct and rate the
licensure examination papers and shall release the examination results within ten (10) days

after the date of the examination.

‘SEC. 17. Issuance of the Certificate of Registration and Professional License - A
certificate of registration shall be issued to examinees who pass the licensure examination for
paralegals subject to payment of fees prescribed by the PRC. The certificate of registration
shall bear the signature of the Chairperson of the PRC and the members of the Board, stamped
with the official seal, indicating that the person named therein is entitled to practice the
profession with all the privileges appurtenant thereto. This certificate shall remain in full force
and effect until revoked or suspended in accordance with this Act.

A professional license bearing the registration number, date of issuance, expiry date,
duly signed by the Chairperson of the PRC, shall likewise be issued to a registrant who has
paid the required registration fees. This license will serve as evidence that the licensee can
lawfully practice the profession until the expiration of its validity


SEC. 18, Refusal to Register — The Board shall not register any successful examinee
who has been convicted by a court of competent jurisdiction of any criminal offense involving
moral turpitude or has been found guilty of immoral or dishonorable conduct after due notice
and hearing upon a complaint for disqualification filed with the Boardor has been declared to
be of unsound mind. The reason for the refusal shall be set forth in writing

SEC. 19, Registration Without Examination - The PRC shall issue a certificate of
registration and professional license to the Chairperson and members of the first Board of
Paralegals and to a person who, on the date of the effectivity of this Act, has passed the
examination for paralegals given by the Board. The same privilege shall be granted to a
qualified applicant who shall apply for registration without taking the prescribed licensure
examination and who is a holder of a Bachelor's Degree and who has been actively practicing
the profession for a period of at least three (3) years immediately preceding the effectivity of
this Act, as certified in writing by at least one (1) member in good standing of the Philippine
Bar who has personal knowledge of the same.

A qualified applicant shall file the application in the form prescribed for the purpose
not later than two (2) years from the date of the effectivity of this Act.

SEC. 20. Revocation or Suspension of the Certificate of Registration and
Cancellation of Special Permit - The Board may, after giving proper notice of hearing to the
party concerned, revoke a practitioner's certificate of registration, suspend the practice of the
profession, or cancel a special permit for any unprofessional, unethical, immoral, or
dishonorable conduct, malpractice, a standing conviction by a court of competent jurisdiction
for any criminal offense involving moral turpitude, or violation of any of the provisions of this
Act, its rules and regulations, the Code of Ethics, and the Code of Technical Standards for
Paralegals.

SEC. 21. Reinstatement, Reissuance or Replacement of Certificate of Registration
and Professional License - Excepting cases where such revocation is by reason of a standing
conviction by a court of competent jurisdiction for any criminal offense involving moral
turpitude, the Board may, upon application and for reasons deemed proper and sufficient and
not less than two (2) years after the date of revocation, reinstate any revoked certificate of
registration and reissue a professional license, and in so doing, may, in its discretion, exempt

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the applicant from taking another certification examination,

A new certificate of registration or professional license or special permit, to replace
lost, destroyed or mutilated ones may be issued subject to the rules as implemented by the
Board.

SEC. 22. Roster of Paralegals - The Board shall prepare, update, and maintain a roster
of paralegals in good standing which shall contain the name of each registered paralegal, the
residence and office addresses, the date of registration and issuance of certificates, and other
data which the Board may deem pertinent. The roster shall be open to the public, a copy of
which shall be furnished to each person listed therein

SEC. 23. Issuance of Temporary or Special Permits — Without prejudice to the
requirements of existing laws and regulations on the practice of professions by foreigners in
the Philippines, foreigners may be issued temporary or special permits to practice paralegal in
the Philippines: Provided, That these shall be limited to the particular work for which they are
commissioned: Provided, further, That the said temporary or special permits shall be renewed
every year. The permits may be issued to:

a. Foreign paralegals called to the Philippines to provide consultancy services;

b. Foreign paralegals employed as exchange professors or instructors in recognized
local schools, universities, colleges, or instructors to teach paralegal subjects; and

c. Foreign paralegals attached to international agencies or organizations assigned to
perform certain work in the Philippines relative to the practice of paralegal

ARTICLE IV

PRACTICE OF PARALEGAL

SEC, 24, Prohi
to practice paralegal in the Phil

n on the Practice of Paralegal - No person shall practice or offer
ines 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

8


provided in this Act, 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 PRC, and is a
paralegal in good standing under pertinent rules and regulations

SEC. 25. 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 the profession;

c. Use the certificate of registration and/or professional license or special temporary
permit of another paralegal

SEC. 26. Oath - All successful examinees or those allowed to register without licensure
examination given by the Board and the PRC shall be required to take their oath before the
Board or any member thereof and any official of the PRC or any person authorized by law prior
to the practice of the profession

SEC. 27. Continuing Professional Development (CPD) Program — The CPD
guidelines shall be prescribed and promulgated by the PRC 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 paralegals and a member from

the academe.

SEC. 28. Integration of Paralegals — All paralegals shall be integrated into one (1)
national organization, which shall be recognized by the Board and by the PRC 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 paralegals, 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. 29. 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

9


entitled to any of the privileges under this Act, unless the country of which is a subject or citizen
specifically permits Filipino paralegals to practice within its territorial limits under the same
conditions and on equal basis as its own subjects or citizens.

SEC. 30, Indication of License and Privilege Tax Receipt - A paralegal shall be
required to indicate the registration/professional number and date of issuance, the duration of
validity, including the privilege tax receipt number on the documents one signs, or issues in
connection with the practice of the profession.

ARTICLE V

FINAL PROVISIONS:

SEC. 31. Funding Provision - The Chairperson of the PRC shall include in the PRC’s
program the implementation of this Act, the funding of which shall be included in the annual

General Appropriations Act

SEC. 32. Penal Provisions - Any person who shall violate any of the provisions of this
Act or any of its implementing rules and regulations as promulgated by the Board subject to
the approval of the PRC shall, upon conviction, be punished by a fine of not less than Fifty
thousand pesos (Php 50,000.00) but not more than One hundred fifty thousand pesos (Php
150,000.00) or by imprisonment of not less than (6) months but not more than four (4) years,
or both, at the discretion of the court.

SEC. 33. Implementing Rules and Regulations - To implement the provisions of this
Act the Board shall, subject to the approval of the PRC, promulgate the rules and regulations
and the Code of Ethics for paralegals within thirty (30) days after the effectivity of this Act

SEC. 34. Separability Clause - If any section or provision of this Act shall be declared
invalid or unconstitutional, such shall not invalidate any other section or provision of this Act.

SEC. 35. Repealing Clause — All laws, decrees, orders, issuances, or parts thereof,

which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

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SEC. 36, Effectivity - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation

Approved,

n