GAEPRESS

f° E-Filed
Republic of the Philippines iS RECEIVED i
HOUSE OF REPRESENTATIVES E_ DATE September 4, 2024
Quezon City, Metro Manila 5 TIME ye
NINETEENTH CONGRESS

‘4 BY
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Wo

3 Regular Session
House Bill No. 10863

INDEX

INTRODUCED BY REPRESENTATIVES JOCELYN P. TULFO, ERWIN T.
TULFO, RALPH WENDEL P. TULFO, EDVIC G. YAP AND ERIC GO YAP

This bill seeks to grant deserving and qualified individuals a chance to pursue
further studies specifically legal studies and a framework for the return of their legal
services for the country.

As of May 14, 2023, there is a total of 91,958 lawyers registered in the Roll of
Attorneys since the first Philippine Bar Exams took place in 1901!, Meanwhile, according
to the 2020 Census of Population and Housing conducted by the Philippine Statistics
Authority, the Philippines had a total population of 109,035,343. The comparison of
these numbers would readily show the low lawyer-to-population ratio in the country
leaving majority of Filipinos still without access to legal services.

Pursuing legal education in the Philippines, however, remains elusive to most
Filipinos. Tuition ees in law school range from 25,000.00 to as high as 130,000.00 per
semester excluding the costs of books, reading materials, accommodation, and other
miscellaneous expenses of students.

This proposed measure seeks to bridge the gap in the administration of justice in
the country by providing support to deserving students in their pursuit of legal
education and increasing the number of lawyers in government service. Through this
measure, qualified students shall be given the opportunity to pursue their legal
education with free tuition fee and allowances. As a condition, these students shall
within five (6) years from admission to the practice of law, render mandatory return
service for two (2) years in government agencies such as the Public Attorneys Office and
the National Prosecution Service. :

‘Thus, the immediate passage of this bill is earnestly sought.

* hitps:/s:judiciary.gov.ph/lawyers-list-2/ (Accessed on May 14, 2023)

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population-and-

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vi HON, ERWIN‘T. TULFO

NDEL P. TULFO HON. EDVIC G. YAP

AON. ERIC GO YAP


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
3 Regular Session

House Bill No,_ 10863

INTRODUCED BY REPRESENTATIVES JOCELYN P. TULFO, ERWIN T.
TULFO, RALPH WENDEL P. TULFO, EDVIC G. YAP AND ERIC GO YAP

AN ACT
ESTABLISHING A LEGAL SCHOLARSHIP AND RETURN SERVICE
PROGRAM FOR DESERVING STUDENTS, AND APPROPRIATING FUNDS
THEREFOR

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 “Abogado Para sa Bayan
Act”.

Sec, 2. Declaration of Policy. - It is hereby declared the policy of the State to
uphold the right to free access to the courts and quasi-judicial bodies and ensure that
adequate legal assistance shall not be denied to any person by reason of poverty.
Towards this end, and in cognizance of the constitutional directive to provide for
preventive measures and legal aid services to the underprivileged whose human rights
have been violated or need protection, the State shall establish a legal scholarship and
return service program to assist deserving students pursue legal education who shall
eventually render legal services in government offices.

Sec. 3. Legal Scholarship and Return Service Program. - There shall be
established a Legal Scholarship and Return Service (LSRS) Program for deserving
students who intend to pursue a Juris Doctor or Bachelor of Laws degree in state
universities and colleges (SUCs) or in partner private higher education institutions
(HEIs) in regions where there are no SUC offering Juris Doctor or Bachelor of Laws
degree. The LSRS Program shall provide the following benefits to qualified legal
education students:

(a) Free tuition and other school fees, including but not limited to: student
registration fees, library fees, and publication fees;

(b) Allowance for prescribed books and supplies;

(©) Allowance for review fees for government-mandated bar exams; and

(d) Allowance for licensure fees.


Sec. 4. Qualifications and Requirements. - In order to qualify for the grant of
scholarship under the LSRS Program, a prospective or current legal education student
must satisfy the following requirements:

(a) Must be a Filipino Citizen residing in the Philippines;

(b) Must not have completed a Bachelor of Laws or Juris Doctor degree from any
HEI offering legal education;

(©) Must be a graduating student or a graduate of an undergraduate degree
program; and

(a) Must have passed the entrance examination and complied with other
requirements for admission into the Juris Doctor or Bachelor of Laws degree
program offered by the SUC or private HEI where the student intends to
enroll.

Sec. 5. Conditions for the Grant of Legal Scholarship. - Qualified students
accepted into the LSRS Program shall be subject to the following conditions:

(a) Must sign an agreement stating the terms and conditions of the scholarship
which shall be prescribed by the Legal Education Board (LEB);

(6) Must carry full load of subjects prescribed per semester by the SUC or private
HEI concerned, and shall not, under any circumstance, drop a course which
would result in underloading;

(©) Must finish the Juris Doctor degree program within the prescribed time frame
of the SUC or private HEI where the scholar is enrolled in, subject to the
retention policies or private HEI concerned; Provided, That a scholar who is
already enrolled, may be allowed, for valid and justifiable reasons, to file a
eave of absence;

(@) Must take the bar examination within a maximum period of one (1) year after
completion of the Juris Doctor degree; and

(©) Must render return service as provided under Section 7 of this Act

Sec. 6, Disqualifications. - The scholarship grant shall terminate, and the
recipient of legal scholarship shall repay the full cost of scholarship and related benefits
received, including all the expenses incurred during the participation in the LSRS
program, in case of the following circumstances:

(a) If the scholar fails to meet the academic requirements or to complete the
course within the prescribed period without valid cause as may be
determined by the SUC or private HEI concerned;

(b) If the scholar commits gross misconduct in a manner that would bring
significant damage to the SUC or private HEI concerned or to the community
asa whole. :

Sec. 7. Mandatory Return Service. ~ Within five (5) years from admission to the
practice of law, a scholar shall render mandatory retum service for two (2) years in
government agencies, including, but not limited to: the Public Attorney's Office,

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BRESRBSSSSS

47

National Prosecution Service, Department of Education, Department of Environment
and Natural Resources, Department of the Interior and Local Government, Department
of Health, Department of Justice, Department of National Defense, Department of Social
Welfare and Development, the Courts or in government agencies and instrumentalities
that provide legal services to: (i) poor and marginalized individuals and communities;
and (ii) public school teachers, public health workers, and military and uniformed
personnel involved in cases arising from or in connection with the performance of their
duties and functions: Provided, That the mandatory return service shall be separate and
distinct from the Clinical Legal Education Program as provided under Rule 138-A of the
Rules of Court: Provided, further, That beneficiaries of LSRS Program appointed to
plantilla positions shall receive the appropriate salaries, benefits and other emoluments
for services rendered under the mandatory return service; Provided, furthermore, That
beneficiaries of LSRS Program who, after three (3) years from admission to the practice
of law, fails to secure appointment in government shall have the option to: (i) pay the
full cost of scholarship and related benefits received, including all the expenses incurred
during the participation in the LSRS Program; or (fi) undertake alternative compliance
program to be formulated by the LEB pursuant to the provisions of this Act and
Republic Act (RA) No. 9999, otherwise known as the Free Legal Assistance Act of 2010:
Provided, finally, That in the application of Republic Act No. 9999, the allowable
deduction from the gross income shall be the amount that could have been collected
from the actual free legal services rendered or up to twenty percent (20%) of the gross
income derived from the actual performance of the legal profession, whichever is lower.

Sec. 8. Number and Allocation of Students to be Admitted in the Program. - Prior
to the implementation of this Act and every five (5) years thereafter, the LEB shall, in
consultation with Philippine Association of Law Schools and participating HEIs and
upon the assessment of the shortage of legal practitioners in the public sector, determine
the appropriate number and geographic allocation of scholars to be admitted in the
LSRS Program.

Sec. 9. Harmonization with the Clinical Legal Education Program. - Pursuant to
Article VII, Section 5, subsection 5 of the Constitution, the Legal Education Board shall
adopt the policy on the Revised Law Student Practice Rule, ensure that law students
participate in the clinical legal education programs in all legal education institutions,
define the scope of service to be rendered by law students in the said program,
contribute to access to justice of the marginalized sectors, enhance learning
opportunities of law students, instill among them social responsibility and awareness,
and prepare them for the practice of law.

Sec. 10. Sanctions. - Any lawyer who has availed of the benefits under the LSRS
Program but fails or refuses to comply with the mandatory return service as provided
under this Act shall be required to pay twice the amount of scholarship, including other
benefits received by reason of participation in the LSRS Program: Provided, That the
penalty imposed herein shall not apply to lawyers who fail to comply with the required
return service by reason of force majeure or not due to their fault or negligence.

Sec. 11. Appropriations. - The amount necessary for the implementation of this

5


‘Act shall be included in the Annual General Appropriations Act.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the LEB shall, in consultation with the Philippine Association of
Law Schools, Philippine Association of State Universities and Colleges and Commission
on Higher Education, promulgate the rules and regulations to effectively implement the
provisions of this Act.

Sec. 13. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in full force and effect.

Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders, rules
and regulations, or parts thereof which are inconsistent with the provisions of this Act
are hereby repealed, amended, or modified accordingly.

Sec. 15, Effectivity. - This Act shall take effect immediately following its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.