FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2805

EXPLANATORY NOTE

The Constitution states that free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by
reason of poverty.

In our country, the poor have unequal access to justice and this
undermines equality in society. The poor are particularly likely to face problems
accessing justice institutions because these institutions are remote, slow and
unaffordable, or are biased and discriminatory. Other barriers to justice occur
when the poor are not aware of their rights, or where justice institutions and
processes are intimidating or unnecessarily complex. Most often, the poor are
most vulnerable to being abused politically and unable to protect themselves
against the injury and economic loss associated with such abuse. Hence, there
is a need for legal empowerment.

In the Forum on Increasing Access to Justice by the Poor: Bridging
Gaps, Removing Roadblocks held at Cagayan de Oro City from July 30 to July
1, 2008, it was recommended that to make the costs of litigation affordable,
guaranty system or legal insurance for the poor wherein they may access
financial assistance while their cases are pending in court must be created.

In view thereof, immediate approval of this Bill is sought.

RUFUS B. RODRIGUEZ

Wp

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 280 5

AN ACT
ESTABLISHING A LEGAL INSURANCE PROGRAM FOR THE POOR

Section 1. Declaration of Policy. — It is the declared policy of the State
that free access to courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Section 2. Establishment of Legal Insurance Program for Poor
Litigants. A Legal Insurance Program for Poor Litigants is hereby created
wherein they may access financial assistance while their cases are pending in
court.

Section 3. Benefits under the Legal Insurance program. A poor
litigant may avail of the following benefits while his case is pending in court:

a.) reasonable travelling expenses and subsistence allowance in
such amount as the IBP may determine for his attendance in
court;

b.) bond for provisional liberty and for civil liability in such amount
as the IBP may determine depending on the nature of the
case and other relevant circumstances

Section 4. Who may Avail of Benefits under the Program. - Any
person who qualifies as a poor litigant based on the qualifications used by the
Public Attomeys Office may avail of the benefits under this Program.

Section 5. Sources of Fund for the Program. — The Fund to be
used for this Program shall come from the following sources:

a. Ten percent (10%) share from the net income of the Philippine Games
and Amusement Corporation (PAGCOR) over and above the franchise
tax and the corporate income tax therefrom;


b. Ten percent (10%) share from the net income of the Philippine Charity
Sweepstakes Office (PCSO) over and above the franchise tax and the
corporate income tax therefrom; and

c. Ten percent (10%) share from the net income of the Duty Free
Philippines over and above the franchise tax and the corporate income
tax therefrom.

Section 6. Rules and Regulations. — The Integrated Bar of the
Philippines shall promulgate all rules and regulations for the effective
enforcement of the provisions of this Act.

Section 7. Separability Clause. — The provisions of this Act are
hereby declared to be separable, and in the event any part, section or provision
of this Act is held invalid or unconstitutional, no other part, section or provision
thereof shall be affected thereby.

Section 8. Repealing Clause. — All laws, parts of laws, executive
orders, ordinances, rules and regulations which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

Section 9. Effectivity. — This Act shall take effect fifteen (15) days after
its complete publication in at least two (2) newspapers of general circulation.

Approved,