. Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

4718

House Bill No.

Introduced by Representatives John Marvin “Yul Servo” C. Nieto, Edward Vera
Perez Maceda, Dale “Along” R. Malapitan, Eric M. Martinez, and Rolando M.
Valeriano

EXPLANATORY NOTE

Social justice must be grounded on the recognition of the necessity of interdependence
among divers and diverse units of a society. It is also crucial that the Protection
extended by the government to various sectors of society be equally and evenly
distributed because the fundamental and supreme objective of the State is to promote
the health, comfort, and quiet of all persons, and to bring about the greatest good to the

greatest number.

Moreover, the Philippine Constitution provides under Article III Section 11 that the:

“Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.”

It is, therefore, the duty of the State through its chosen representatives, that a person’s
right to equal access to court be protected and maintained. Although the Constitution
upholds such right for both sides of the society, those who struggle in poverty
undeniably need to be given special and utmost attention. Therefore, it is necessary that
the State provides a comprehensive financial assistance for underprivileged litigants as a
fulfillment of its duty.

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

M. Martinez

Nahe


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _ 4718

Introduced by Representatives John Marvin “Yul Servo” C. Nieto, Edward Vera
Perez Maceda, Dale “Along” R. Malapitan, Eric M. Martinez, and Rolando M.
Valeriano

AN ACT
ESTABLISHING A FINANCIAL ASSISTANCE PROGRAM FOR
POOR LITIGANTS

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

SECTION 1. Establishment of Financial Assistance Program for Poor
Litigants. - It is a 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. Pursuant thereto, a Financial Assistance Program for Poor Litigants is
hereby created wherein qualified beneficiaries may receive financial assistance while
their cases are pending in courts or quasi-judicial bodies.

SEC. 2. Who may Avail of Benefits under the Program. - Any individual who
qualifies as a poor litigant based on the qualifications used by the Public Attorney‘s
Office (PAO) may avail of the benefits under this Program.

SEC. 3. Benefits under the Financial Assistance Program. - A poor litigant
may avail of the following benefits during the pendency of a case in any court or quasi-
judicial body:

a. reasonable travelling expenses and subsistence allowance in such amount as

the PAO may determine;

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

c. other incidental expenses to be incurred.

SEC. 4. Appropriations. - The Secretary of the Department of Justice (DOJ)
shall include in the department’s budget, the funding to be used for this Program, which

shall be charged against its annual appropriations.


SEC. 5. Implementing Rules and Regulations. - Within six (6) months from
the effectivity of this Act, the Secretary of the DOJ, in coordination with the Chief Public
Attorney of the PAO, shall promulgate all rules and regulations to carry out the

provisions of this Act.

SEC. 6. Separability Clause. - If any provision or part of this Act is held
unconstitutional or invalid, the remaining parts or provisions not affected shall remain in
full force and effect.

SEC. 7. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provisions of this Act is hereby repealed, amended or modified
accordingly.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation.

Approved,