Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
SECOND REGUIAR SESSION
House BillNo.10229
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INTRODUCED BY Rep. ZIAUR-RAHMAN A140NTO ADI0NG
EXPIANATORY NOTE
This   bill   aims   to   address   the   critical   need   for   legal   assistance   among
underprivileged  individuals  by  establishing  a  legal  scholarship  and  return  service
program.   The   policy   underlying   this   proposed   legislation   is   grounded   in   the
fundamental  principle  that  access  to  justice  should  not  be  impeded  by  financial
constraints.
Under  the  Constitution,  the  State  recognizes  the  constitutional  mandate  to
ensure free access to the courts and quasi-judicial bodies for all individuals, regardless
of their economic status. Additionally, it acknowledges the imperative to provide legal
aid services to those who are unable to afford them, particularly when their human
rights are at stake.
The  proposed  legal  scholarship  program  seeks  to  fulfill  these  objectives  by
offering  financial   assistance  to   deserving   students  pursuing  legal  education.   By
alleviating the financial burden of law school tuition and related expenses, the program
aims to enable talented individuals from disadvantaged backgrounds to enter the legal
profession.
Importantly,   this   scholarship   program   comes   with   a   mandatory   service
component.  Recipients of the scholarship will be required to render legal services in
government offices upon completing their education. This return service requirement
not only ensures that the investment made in their education benefits society as a whole
but also helps address the shortage of legal professionals in the public sector.


By  establishing  this  legal  scholarship  and  return  service  program,  the  State
endeavors to promote equal access to justice, protect the rights of the underprivileged,
and  strengthen  the  provision  of legal  services  in  government institutions.  This bill
represents  a  proactive  approach to fulfilling constitutional directives and addressing
societal needs, ultimately contributing to the realization of a more just and equitable
society.


Republic of the Philippines
HOUSE OF FIEPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
SECOND REGULAR SESSION
House Bill  No.              10229
INTRODUCED  BY
REP. ZIAUR-RAHMAN "ZIA" ALONTO ADIONG
AN ACT
ESTABLISHING  A  LEGAL  SCHOL.ARSHIP  AND  RETURN  SEFLVICE  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. Sborf Tit/e,  - This Act shall  be  known  as the  "Abogado Para sa
Bayan Act".
Sec. 2. Oec/arari.on of po//-cy. -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.
See. 3. Legal Scholalrship 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
(HEls)  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;
(c)    Allowance for review fees for the government-mandated  bar exam;  and
(d)    Allowance for licensure fees.
Sec. 4. Qua//-fi-cafi-ons and Requ/.rements. - In order to be 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;
(c)    Must be a  graduating  student or a  graduate of an  undergraduate degree
program;  and
(d)    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.
See. 5. Conditions for the Grant of Legal Scholarship. -Qual.if-led 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);
(b)    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  underloadjng;
(c)    Must  finish  the  Juris  Doctor  or  Bachelor  of  Laws  degree  program  within
the prescribed time frame of the SUC or private HEI where the scholar is enrolled  in,
subject to the  retention  policies of the SUC or private HEI concerned:  Priovt.bed, That
a  scholar who  is  already enrolled,  may  be  allowed,  for valid  and justifiable  reasons,
to file a  leave of absence;
(d)    Must take the  bar examination  within  a  maximum  period  of one  (1)  year
after completion  of the Juris Doctor or Bachelor of Laws degree;
(e)    Must render return service as provided  under Section 7 of this Act.
Section  6.  Di.squa//.fi.cati-ons.  -  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  as  a
whole.
Sec. 7. "andarory Re[um Se/.w-ce. - Within five (5) years from admission
to  the  practice  of law,  a  scholar shall  render  mandatory  return  service for two  (2)
years  in  government  agencies,  including,  but  not  limited  to:  the  Public  Attorney's
Office,   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:  Priovt-ded,  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:  Provt.ded,
further,  That  beneficiaries  of  LSRS  Program  appointed  to  p/ant/'//a  positions  shall
receive the appropriate salaries, benefits and other emoluments for services rendered
under  the  mandatory  return  service;  Provt.ded,  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   (ii)   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 : Provt.bed, fi.na//y, 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  lowerl
See.  8.  Number  alnd  AIIocaltion  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 HEls 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.
Set. 9.  Harmonizaltion  with  the  CLinical  Legal  Education  Progralm.  -
Pursuant  to  Article  VIII,   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.
Section  10. Sancri.ons.  - 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:
Prov;.bed,  That  the  penalty  imposed  herein  shall  not  apply  to  lawyers  who  fail  to
comply  with  the  required  return  service  by  reason  of forice  majeure  or  not  due  to
their fault or negligence.
See.11. Appropri.afi-ons. -The amount necessary for the implementation of
this Act shall  be  included  in  the annual  General Appropriations Act.


See. ±2. Implementing  F`ules alnd Regulations. - W-ith-in stixty  (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.
See.13. Separabi-/i-fy C/ause. -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. Repea/i-ng C/arse. -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,  Effecti-yT-ry.  -  This  Act  shall  take  effect  immediately  following  its
publication  in the Offr.c;-a/ Gazette or in two  (2)  newspapers of general circulation.
Approved,