Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18 Congress
First Regular Session

HOUSE BILL No,_ 8248 _

Introduced by: HON. LORNA C. SILVERIO

EXPLANATORY NOTE

pee are not lawyers, but they are the individuals who can make or
break a good lawyer. The legal profession is not limited only to the counsels
actively handling numerous cases, but also to the paralegals who are considered
legal assistants and knowlegable in specialized aspects of the law. Paralegals often
work on the mentation and address any course of action as suggested by the
lawyer. Legal service by the paralegals are often overlooked and not recognized in
our country because of the lack of representation in the national governing body of
professionals. Unlike in other countries like the UK, US, Japan, South Korea to
name a few, wherein the paralegal profession is regulated by means of an
examination rendered by a competent authority distinguishing them from other
professionals. Paralegals are essential to the administration of legal matters and to
ensure the speedy disposition of justice in the country.

This bill seeks to establish and set the baseline for the paralegal profession
through the creation of a Regulatory Board for Paralegals, as well as set in place a

Licensure Examination that would be overseen by the Board to ensure the security
of this profession.

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In view ia foregoing, approval of this bill is earnestly sought.
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LORNA C. SILVERIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" Congress
First Regular Session

HOUSE BILL 6248

Introduced by: Hon. Lorna C. Silverio

AN ACT
PROFESSIONALIZING PARALEGAL PRACTICE IN THE PHILIPPINES, CREATING
FOR THIS PURPOSE A PROFESSIONAL REGULATORY BOARD OF PARALEGALS,
APPROAPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

ARTICLE 1
Title, Declaration of Policy, and Objectives

SEC. 1. Title. - This Act shall be known as the “Philippine Paralegal Act of 2019.”

SEC. 2. Declaration 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 and globally competitive through honest, effective, relevant and credible
licensure examination and through regulatory programs, measures, and activities that foster their
professional growth, social responsibility, and development.

SEC. 3. Objectives. ~This Act shall govern the following:
a. National licensure examination, registration of paralegals, and issuance of certificates of
registration and professional identification cards;
b. Supervision, control, and regulation of paralegal practice;
c. Integration of paralegals under one national organization; and
d. Development of professional competence of paralegals.

Article I
Definition of Terms, and
Scope of Practice

SEC. 4 Definition of terms. — As used in this Act, the following terms


a. Paralegal a person, who by education, training, or experience, perform substantive legal
work requiring the recognition, evaluation, organization, analysis, and communication of
relevant facts and legal concepts usually on behalf of lawyers and attorneys; and

b. Paralegal Consultant — a paralegal with specific specialization such as in alternative
dispute resolution, real estate, corporate law, litigation, intellectual property,
immigration, insurance, and other key areas.

SEC. 5. Scope of the Practice of Paralegal Service. — paralegal service shall deal with the
performance of the functions of paralegals, which shall include, but not be limited to the
following:

a. Preparation and review of legal documents such as affidavits, motion, and contracts;

b. Representation on behalf of a party in small claims cases;

c. Representation on behalf of a party in barangay conciliation proceedings;

d._ Investigation and fact-finding

¢. Legal research;

f. Development and review of organizational policies, procedures, programs, and other
legal matters;

g. Coordination with government agencies and courts; and

h. Legal support for lawyers and attorneys.

ARTICLE III
Creation of the Professional Regulatory Board for Paralegals

SEC. 6. Creation and Composition of the professional Regulatory Board for Paralegals. —
There is hereby created a professional Regulatory Board and Paralegals, hereinafter called the
Board, under the administrative supervision and control of the professional Regulation
Commission (PRC). The Board shall comprise of a Chairperson and four (4) Members of the
Board who shall be appointed by the President of the Philippines from among a list of three (3)
recommendees for each position submitted by the commission from among a list of (5) nominees
for each position submitted by the accredited and integrated national professional organizational
of paralegals who quality under Section 7 of this Act. The new Board shall be constituted within
three(3) months from the effectivity of this Act.

SEC. 7. Qualification of the Chairperson and Members of the Board. ~ The Chairperson
and Members of the Board, at the time of their appointment, shall possess the following
qualifications:

Must be a natural born citizen and resident of the Philippines;

. Must be of good reputation and moral character;

Must be a paralegal as defined in Section 4 of this Act;

Must not be a member of the faculty of a university, college, school or institution
conferring the academic degree on law, legal management, and paralegal studies or
offering review classes for paralegal licensure examination; nor a person who has direct
or indirect pecuniary interest in any such institution; and

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e. Must not be an incumbent officer of the accredited and integrated national professional
organization of paralegals.

SEC. 8. Tenure of office for the Chairperson. — The Chairperson and the Members of the
Board shall hold office for a term of three (3) years from the date of their appointment or until
their successors shall have been qualified and appointed: Provided, That the members of the first
appointed Board shall hold office for the following terms: one (1) member as Chairperson, to
serve for three (3) years; two(2) members, to serve for two (2) years; and (2) members, to serve
for one (1) year. The Chairperson and Members of the Board may be reappointed for a second
term but in no case shall they serve continuously for more than six (6) years. Any vacancy in the
Board shall be filled for the unexpired portion of the term of the member who vacated the
position. On the constitution of the first board, the Chairperson and the Members of the Board
shall automatically be registered and issued Certificates of Registration and Professional
Identification Cards. Each member of the Board shall take proper oath office prior to the
assumption of duty.

SEC. 9. Meetings of the Board. — The Board shall have a regular meeting once a month.
Special meetings may also be held upon the call of the Chairperson or by request of three (3) of
its members. Reasonable notice of all meetings shall be given in the manner prescribed by the
rules of the Board.

SEC. 10. Compensation and allowances of the Chairperson and Members of the Board.
~The Chairperson and the Members of the Board shall receive compensation and allowances
comparable to the compensation and allowances received by the chairman and the members of
existing professional regulatory boards under the Commission, as provided for in the General
Appropriations Act.

SEC. 11. Powers, Functions, and Duties of the Board. -- The Board shall exercise
executive, administrative, rule-making, and quasi-judicial powers in carrying out the provisions
of this Act. It shall be vested with the following specific powers, functions, duties and
responsibilities:

a. Promulgate, administer, and enforce rules and regulations necessary to carry out the

provisions of this Act;

b. Prepare, adopt, issue or amend the syllabi or terms of specification of subjects for the
paralegal licensure examination consistent with the policies and standards set by CHED;
and

c. Evaluate and approve applications for licensure examination;

d, Administer oaths, and issue Certificates of Registration and the professional
identification Card to persons Card to persons admitted to the practice of the profession

of paralegal;


e. Prescribe guidelines in the Continuing Professional Development (CPD) in coordination
with the accredited and integrated nation professional organizational of paralegals;

f. Recommend measures necessary for the upgrading, enhancement development, and
growth of the profession of paralegal in the Philippines;

g. Monitor the conditions affecting paralegal practice, and when necessary, adopt such
measures as may be deemed proper for the enhancement and maintenance of high ethical,
moral, and professional standards for paralegals;

h. Adopt and prescribe a Code of professional Ethics and a Code of Technical Standards for
paralegals;

i. Conduct inspection and monitoring of establishment where paralegal is practiced, and of
higher educational institutions where paralegal courses are being offered, in coordination
with the Commission on Higher Education (CHED), to ascertain that professional
standards are complied with;

j. Ensure, in coordination with the Commission on Higher Education (CHED), that all
institutions offering law, legal management, and paralegal studies comply with
prescribed standards for curriculum, faculty, and facilities;

k. Supervise and regulate the registration, licensure, and practice of paralegals in the
Philippines;
1. Adopt a program for the full computerization of the licensure examination for paralegals;

m. Issue, reinstate, suspend, or revoke the Certificate of Registration and Professional
Identification Card or grant or cancel a temporary/special permit;

n. Issue certificates of recognition for advanced studies, researches and accomplishment
that contribute to the enrichment of the profession;

©. Adopt policies and set the standards for all types of paralegals;

p. To discharge other powers and duties as the Board may deem necessary for the paralegals
and paralegal education in the Philippines.

The policies, resolution, rules and regulations issued or promulgated by the Board shall be
subject to review and approval of the PRC. However, the Board’s decision, resolution, or order
rendered in administrative cases shall be subject to review only if on appeal.

SEC 12. Removal or Suspension of the Chairperson or Members of the Board. ~ The
Chairperson or any Member of the Board may be suspended or removed upon due notice and
hearing by the President of the Philippines, upon the recommendation of the Commission, of
neglect of duty; abuse of power; oppression; incompetence; unprofessional, unethical, immoral



or dishonorable conduct; commission or toleration of irregularities in the conduct of examination
or tampering of the grades therein, or for any final judgment or conviction of any criminal
offense involving moral turpitude. The rights of Chairperson and Members to be heard, to defend
oneself, and to assisted by counsel shall be respected in the proper administrative investigation to
be conducted for the purpose.

SEC. 13. Supervision of the Board, Custodian of the Records, Secretary, and Support
Services. — The Board shall be under the general supervision and administrative control of the
commission. All records of the Board, including applications for examination, examination
papers and result, minutes of deliberations, administrative, and other investigative cases
involving paralegals, shall be kept by the Commission. The Commission shall designate the
secretary of the Board and shall provide the secretariat and other support services to implement
the provisions of this Act subject to the usual government accounting and auditing rules and
regulations.

SEC 14. Annual Report. - The Board shall, at the close of each calendar year, submit an
annual report to the Commission, giving a detailed account of its proceedings and
accomplishment during the year and recommending measures to be adopted with the end-in-view
of upgrading and improving the conditions affecting paralegal practice in the Philippines.

ARTICLE IV
Licensure Examination and Registration

SEC. 15. Licensure Examination. —Applicants for registration, except those specifically
allowed under Section 20 of this Act, shall be required to undergo a written licensure
examination to be given by Board in such places and dates the Commission may designate
subject to compliance with the requirements prescribed by the Commission.

SEC. 16. Qualifications for Examination. — Applicants for licensure examination must
meet the following qualification at the time of filing of application:

itizen and resident of the Philippines: Provided, that citizen of a foreign country may
be allowed to take the examination, subject to the requirement of reciprocity pursuant to
section to Section 31 of this Act;

b. Possesses good moral character and must not have been convicted of any crime
involving moral turpitude;

¢. Graduate of Bachelor's degree conferred by a school, college, or university recognized
and duly accredited by CHED: Provided, That six (6) years after the effectivity of this
‘Act, only the graduates of the following degrees shall be allowed to qualify for
application to the licensure examination:
1. Bachelor of Science in Legal Management
2. Bachelor of Science in Paralegal Studies


All application for examination shall filed with the Board which shall assess and approve
said applications and issue to the qualified examinees the corresponding permits to take such
examination.

SEC. 17. Scope of Examination. — The licensure examination shall include, but be
limited to, the following subjects:

Government;

. Judicial system;

Civil, criminal and quasi- judicial procedures;

Jurisdiction of local governments units;

Ethical standards of judges, lawyers and civil servants;

Obligations and commercial contracts;

Tax and labor law compliance; and

Rules, regulations and procedures of various administrative agencies

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SEC. 18. Rating in the Examination. - To pass the licensure examination, a candidate
must obtain a passing rating 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 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. 19. Report of Results of Examination. - The Board shall report to the Commission
the results of the examination and the ratings of the examinees within ten (10) days after the
examination.

SEC. 20. Oath of Profession. — All successful examinees qualified for registration and all
qualified applicants for registration without examination shall be required to take an oath of
profession before any Commission Officer, or Member of the Board or any government official
authorized to administer oaths, prior to entering into paralegal practice in the Philippines.

SEC. 21, Issuance of Certificate of Registration and Professional Identification Card. —
The Commission, on recommendation of the Board, shall issue a Certificate of Registration and
Professional Identification Card to each person who passed the licensure examination for
paralegals and to those who are registered without examination under this Act and shall enter
name of the registered professional in the Roster of Paralegals. The Certificate of Registration
shall bear the signature of the Chairperson of the Commission and the Chairperson and Members
of the Board, stamped with official seals of the Board and Commission indicating that the person
named therein is entitled to the practice profession shall remain in full force and effect until
suspended or revoked in accordance with this Act. A professional Identification Card bearing the
name and signature of the registrant, registration number, date of issuance, expiry date, duly
signed by the Chairperson of the Commission, shall likewise be issued to very registrant who has
paid the prescribed fee.


SEC. 22. Registration Without Examination. — Upon application and payment of the
required fees, the following shall be registered, shall be issued by the Board and the Commission
a Certificate of Registration and a Professional Identification Card without taking the prescribed
examination.

a. Those who, on the date of the effectivity of this Act, have been issued a certificate of
completion of the Paralegal Training Program offered by the University of the
Philippines Law Center;

b. Those who, on the date of the effectivity of this Act, hold permanent appointments and
have at least ten (10) years of actual experience in providing paralegals services; and

c. Those who, on the date of the effectivity of this Act, hold permanent appointments and
have at least five (5) years of actual experience in providing paralegal consultancy
services,

Those so exempt under the aforementioned categories shall file their application within two
(2) years from the effectivity of this Act: Provided, that the renewal of the professional
identification card is subject to the provisions of Section 21 hereof.

SEC. 23. Refusal to Issue Certificate of Registration and Professional Identification
Card. - The Board shall not register any successful examinee nor any applicant for registration
without examination if ones has been convicted by a court of content jurisdiction of any criminal
offense involving moral turpitude or has been found guilty of immoral and dishonorable conduct
after investigation of the Board, or has been declared to be unsound mind. The reason for the
refusal shall be set forth in writing.

SEC. 24. Revocation and Suspension of Certification of Registration and Professional
Identification Card or Cancellation of Temporary/Special Permit. — The Board has the
power, after due notice and hearing, to revoke or suspended the Certificate of Registration or
cancel a temporary or special permit of any paralegal on any ground stated under Section 23 of
this Act, or for any of the following: unprofessional or dishonorable conduct in paralegal
practice; fraud; deceit or falsification in obtaining a certificate of registration, professional
identification card, or temporary or special permit; abatement of illegal practice by allowing
illegal use of one’s Certificate of Registration, or Profession Identification Card, or temporary or
special permit; practice of profession during the period of suspension; or any violation of this
Act, its Implementing Rules and Regulation the Code Ethics or the Code of Technical Standards
for paralegals, or Board policies. The respondent may appeal the Board’s decision, order
resolution to the Commission within fifteen (15) days from receipt thereof.

SEC. 25. Reissuance of Revoked Certificate of Registration and Replacement of lost
Certificate of Registration and Professional Identification Card. — The Board after two (2)
years from the date of revocation of the Certificate of Registration may reissue a certificate upon
proper application. A new Certification of Registration and Professional Identification Card, or
temporary or special permit, which has been lost, destroyed or mutilated, may be reissued after
payment of the required fee prescribed by the Commission.


SEC. 26. Roster of Paralegals. — The Board, in coordination with the accredited and
integrated national organizational of paralegals, shall maintain an up-to-date, complete and
properly organized Roster containing the following data:

a. Alphabetical list by surname of paralegals with their addresses and license numbers;
b. The list of licensees, numerically arranged by license numbers; and
c. Such other lists which the Board may deem necessary.

Copies of the Roster, which shall be provided to the National Library, the Civil Service
Commission, and the accredited national organization of paralegals, shall be kept permanent
record

ARTICLE IV
Paralegal Practice

SEC. 27. Prohibitions and Limitations in the Paralegal Practice. - No reason shall
practice shall or offer to practice paralegal in the Philippines 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 a
paralegal unless the person satisfactorily passed the licensure examination given by the Board,
except as otherwise provided in this Act, and 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

SEC. 28. 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 or professional license or
temporary special permit as a paralegal to enable the person to engage in the practice
of paralegal;

c. Use the Certificate of Registration or professional license or special temporary permit
of another paralegal.

SEC. 29. 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
concemed sectors. The Board shall create a CPD Council that shall be composed of a
Chairperson coming from the Board, a member from the APO paralegal and a member from
academe.


SEC. 30. Integration of Paralegals — All paralegals shall be integrated into one (1)
national organization, which shall 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 paralegal, and shall receive the benefits and
privileges and privileges thereto, upon payment of the required fees and dues. Membership in
the integrated APO shall not be bar to membership in other association of paralegals.

SEC . 31. 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 entitled to
any of the privilege under this Act, unless the country of which is a subject or citizens specially
permits Filipino paralegal to practice within its territorial limits under the same conditions and an
equal basis as its own subjects or citizens.

SEC. 32. Indication of License and Professional Tax Receipt - A paralegal shall be
required to indicate the registration/professional number and date of issuance, the duration of
validity, including the Professional Tax Receipt number on the documents one signs, or issues in
connection with the practice of the profession.

ARTICLE V
Penal and Final Provisions

SEC. 33. Penal Provisions. - Any violation of this Act, including violations of
implementing Rules and Regulations, shall be meted the penalty of a fine of not less than fifty
thousand pesos (Pho. 50,000.00) but not more than five hundred thousand pesos (Pho.
500,000.00) or imprisonment of not less than six (6) months but not more than four (4) years, or
both such fine and imprisonment upon the discretion of the court. In case the violation is
committed by an unlicensed paralegal, the penalty shall be double the aforesaid fine and
imprisonment.

In case the violation is committed by a partnership, corporation, association, or any other
juridical person, the partner, president, director, or manager who has committed or consented to
or knowingly tolerated such violation shall be held directly liable and responsible for the acts as
principal or a co-principal with the other participants, if any.

SEC. 34. Appropriations. — The Chairperson of the Commission shall immediately
include in the Commission’s programs the implementation of this Act, the funding of which shall
be included in the annual General Appropriations Act and thereafter.

SEC. 35. Implementing Rules and Regulations. — Within (6) months after the
effectivity of this Act, the Board, subject to the approval of the Commission, shall promulgate,
adopt, and issue rules and regulations, and the Code of Ethics and the Code of Technical
Standard Paralegals which shall take effect fifteen (15) days following publication in the official
Gazette or newspaper of general circulation.


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SEC. 36. Separability Clause. - If any clause, sentence, paragraph, or part of this Act
shall be declared invalid or unconstitutional, the other provisions not affected thereby shall
remain valid and subsisting.

SEC. 37. Repealing Clause. — All laws, presidential degrees or issuances, executive
orders, letters of instruction, administrative orders, proclamations, charters, rules or regulations
and/ or parts thereof contrary to or inconsistent with the provisions of this Act are hereby
repealed, modified, or amended accordingly.

SEC. 38. Transitory Provision. — All incumbent paralegals in both the public and
private sector not otherwise certified as paralegals by virtue of this Act shall be given six (6)
years temporary certificates from the time the Board is organized within to quality as required of
this Act in the Roster.

SEC. 39. Effectivity Provision. - This Act shall take effect fifteen (15) days following
its publication in the Official Gazette or in two (2) newspapers of general circulation.

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