of liiPSifrrtnrp
NINETEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session
)
SENATE S. No.
1610
*22
DEC 14 A9:13
RECEIVED B'1:
Introduced by Senator Raffy T. Tulfo
AN ACT PROMOTING ACCESS TO QUALITY LEGAL EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Article XIV, Section 1 of the 1987 Constitution declares that the State shall protect and promote the rights of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. For this purpose, the Congress enacted the "Universal Access to Quality Tertiary Education Act of 2017" (Republic Act No. 10931) which provided free tertiary education to bona
students
in State Universities and Colleges (SUCs) regardless of the program or course they are enrolled. Law students, however, are ineligible to avail the free tertiary education under this law as they are already bachelor's degree holders. In top private legal educational institutions, it costs around Php75,000.00 Php98,000.00 per semester to study law, while tuition fees in state universities range from Php24,000 to Php30,000.00, excluding all the living expenses and other necessities. One of the reasons for lack of access to justice in the Philippines is the shortage of practicing iawyers. At present, there are oniy around 40,000 attorneys comprising the Integrated Bar of the Philippines - even fewer are practicing lawyers. That
translates to one lawyer serving roughly 2500 people, very far from the ideal ratio of one lawyer for every 250 persons. This measure seeks to ensure that law students will have access to legal education in the SUCs and at the same time increase the workforce of the legal profession. In addition, the requirement to render return ^r^ice in the public secto> lall pave the way for a sustainable human resource dgi^loyment in the public sector ^at is critical for the nation's justice system. In view of the foregoing, the urgent passing of this bill is^earnestiy sougf
RaffyJ^Tdlfo "Smator
Senate v^r,xi©ffitr of tlif
NINETEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session
)
SENATE
S. No. 1610
*22
c ftnrp
DEC 14 A9:14
RECElVtOBV;
Introduced by Senator Raffy T. Tulfo
AN ACT PROMOTING ACCESS TO QUALITY LEGAL EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "Free Legal Education Act of 2023".
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Sec. 2. Declaration of Policy. - It is the policy of the State to provide
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appropriate legal measures for the protection of human rights of all persons within
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the Philippines, as well as Filipinos residing abroad; offer economic assistance to the
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underprivileged and marginalized sectors; deliver free legal services to indigent
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litigants, and address the lack of and unavailability of legal practitioners in the different
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government agencies in the country.
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Likewise, the State hereby recognizes the invaluable role of lawyers and the
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legal education out of which they are molded, in the attainment of societal progress.
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Towards this end, the State shall encourage the youth to pursue a career in legal
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education and thereafter, provide them with opportunities for employment in the legal
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field through which they could better serve their countrymen.
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Sec. 3. Definition of Terms. - The following terms shall be defined conceptually as they are used throughout the statute:
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1) Legal Education refers the totality of various academic programs in
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higher education designed for the training of prospective lawyers, allied
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professionals and legal scholars. It shall encompass the basic and
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graduate law programs, and other legal studies programs;
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2) Higher Education Institutions (HEIs) refers to an educational institution,
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private or public, undertaking operations of higher education program/s
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with an organized group of students pursuing defined studies in higher
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education, receiving instructions from teachers, usually located in a
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building or group of buildings in a particular site specifically intended for
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educational purposes. The following are the classifications of Higher
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Education Institutions:
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a. Private Higher Education Institutions (PHEIs) are institutions
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incorporated as stock ornon-stockcorporations
andsupervised and
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regulated by theCommission onHigherEducation, except for the law
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program;
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b. State Universities and Colleges (SUCs) are those created by special
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laws or charters, governed by their respective board of regents or
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board of trustees, chaired by the CHED Chairperson according to RA
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8292; and
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3) Legal Education Institutions (LEIs) refers to all higher education
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institutions accredited by the Legal Education Board to offer basic and/or
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graduate law programs, allied legal studies programs and/or other legal
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studies programs and recognized by the Commission on Higher
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Education (CHED), when applicable.
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Sec. 4. Establishment of Free Legal Education Program in SUCs. - There shall
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be established a Free Legal Education Program for deserving students in SUCs. All
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qualified Filipino students who are either currently enrolled In the Juris Doctor Program
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offered in SUCs at the time of the effectivity of this Act, or shall enroll at any time
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thereafter, after passing the entrance examination and other admission and retention
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requirements of the said SUCs, shall be exempt from paying tuition and other school
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fees for units enrolled in.
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All SUCs with a Law Program duly accredited by the Legal Education Board
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shall be qualified to implement this Act insofar as beneficial to their bona fide law
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students.
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The SUCs shall create a mechanism, which will ensure that the beneficial
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provisions of this Act, relative to tuition and other school fees subsidy, need not apply
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to students with the financial capacity to pay for their education.
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Sec. 5. Qualifications and Requirements. - In order to be qualified for the
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Free Legal Education Program, a law student must comply with the following
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requirements:
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1) Must be a Filipino Citizen residing in the Philippines;
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2) Must be a student taking up Juris Doctor
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3) Must sign an agreement stating the terms and conditions of the
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in an SUC;
scholarship on a form that shall be prescribed by the LEB;
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4) Must carry full load of subjects prescribed per semester by the SUC, and
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shall not, under any circumstance, drop a course which will result in
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underloading;
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5) Must finish the entire Juris Doctor degree within the prescribed time
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frame of the SUC where the scholar is enrolled in, subject to the retention
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policies of the SUC; Provided, That a scholar who is already enrolled, may
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be allowed, for valid and justifiable reasons, to file a leave of absence;
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6) Must take the bar examination within a maximum period of one (1) year
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after compietion of theJuris Doctor (\eqree-,
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7) Must render return service as provided under Section 14 of this Act.
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Sec. 6. Coverage. - The Free Legal Education Program shall cover the
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following: 1) Tuition fees at the rate approved by the SUC governing board as of date of passage of this Act;
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2) Government-mandated bar examination and licensure fees; and
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3) Other school fees including but not limited to:
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a. Fees for prescribed books, on a reimbursement basis, as determined
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by the LEB, upon consultation with its stakeholders;
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b. Student registration fees; and
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c. Library fees.
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Sec. 7. Ineligibility. - The following students are ineligible to avail of the Free Legal Education: 1) Students who have already attained a Bachelor of Laws or a Juris Doctor
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degree from any legal education or institution. 2) Students who fail to comply with the admission and retention policies of
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SUCs. 3) Students who fail to complete their Juris
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degree within the period
prescribed in the program.
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Students who are ineligible to avail of the Free Legal Education Program shall
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be charged the tuition and other school fees as determined by the governing Board
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of the SUCs.
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Sec. 8. Harmonization with the Clinical Legal Education Program. - Pursuant
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to Section 5(5), Article VIII of the 1987 Constitution, the Supreme Court is empowered
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to adopt and promulgate rules through the amendment of the provisions of Rule 138-
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A or the Revised Law Student Practice Rule of the Rules of Court.
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The Legal Education Board shall adopt the policy on the Revised Law Student
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Practice Rule, ensure that law students participate in the clinical legal education
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programs in all legal education institutions, define the scope of service to be rendered
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by law students in the said program, contribute to access to justice of the marginalized
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sectors, enhance learning opportunities of law students, instill among them social
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responsibility and awareness, and prepare them for the practice of law.
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Sec. 9. Harmonization with the UniFASTAct. - Pursuant to Republic Act No.
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10687, the Unified Financial Assistance System for Tertiary Education (UniFAST) is the
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existing system to unify and harmonize all publicly-funded national government
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programs for Student Financial Assistance Programs, including but not iimited to
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scholarships, grants-in-aid, and student loans for tertiary education.
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As the repository of all government-funded modalities of Student Financial
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Assistance Programs for tertiary education in both public and private institutions, the
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UniFAST is mandated by law to implement the disbursement of student financial
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grants including the Free Legal Education Program, the latter in coordination with the
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LEB, which shall provide UniFAST with validating data or information on the currently
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enrolled registered law students per semester.
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Sec. 10. Prohibited Acts. - Upon effectivity of this Act, it shall be unlawful
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for any SUC, or any person or entity representing an SUC, to collect tuition and other
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school fees from qualified law students during the registration or enrollment period.
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Provided, that this provision shall not apply to law students who voluntarily opt out of
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the subsidy or are otherwise ineligible to avail of the provisions of this Act.
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Sec. 11. Penalties. - A commission of any prohibited act defined under the
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next preceding section shall subject the SUC to an administrative case under the
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Jurisdiction of the LEB, and shall result in the imposition of the appropriate
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administrative sanction, including but not limited to: (a) downgrading of the
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government recognition; (b) phase-out of the law program; and (c) termination of the
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law program. This is without prejudice to the civil or criminal liability of the party
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responsible therefor.
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Sec. 12. Reporting Requirements. - k\\ SUCs shall submit to the UniFAST and
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the LEB, within five (5) days after the last day of registration for each semester, a
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report detailing the names of law students eligible for free tuition and other school
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fees of the institution, under this Act.
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SUCs shall submit a report to the LEB and UniFAST before the start of an
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academic year on the projected number of enrollees for each academic year set by
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the respective governing boards of SUCs. Before the start of each academic year, the
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SUCs shall submit a report to the LEB and UniFAST on their projected number of
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enrollees as determined by their respective governing boards for the purpose of
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implementing the disbursement of student financial grants.
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Sec. 13. Appropriations. - The amount necessary to carry out the
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implementation of this Act shall be included in the current year's appropriation of the
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UniFAST.
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Thereafter, the amount necessary for the continuous implementation of the
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Free Legal Education Program provided under this Act shall be included in the UniFAST
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appropriations in the annual General Appropriations Act.
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Sec. 14. Mandatory Return Service. - Within four (4) years upon passing the
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bar examinations and conferment of the license to practice the legal profession, a
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scholar shall render mandatory return service for two (2) years in the Public Attorney's
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Office or any government agency lacking lawyers as may be determined by the LEB;
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Provided, That the lawyer shall receive appropriate salaries and other benefits for
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service rendered under the mandatory return service.
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Any scholar who fails or refuses to comply with the mandatory return service
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the service obligation imposed under this Act shall be required to reimburse the
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Government the full cost of scholarship, including other benefits and expenses
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received under this Act.
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Sec. 15. Impiementing RuiesandReguiations. - Within one hundred twenty
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(120) days from the effectivity of this Act, the LEB as lead, in coordination with the
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CFIED, UniFAST, DBM, Philippine Association of State Universities and Colleges
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(PASUC), Association of Local Colleges and University (ALCU), Philippine Association
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of Law Schools (PALS), Association of Law Students (ALSP), shall formulate and issue
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the rules and regulations to fully implement the provisions of this Act.
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Sec. 16. Separabiiity Ciause. - Should any part or provision of this Act be
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determined to be unconstitutional or invalid, the other parts or provisions not affected
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thereby shall remain in full force and effect.
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Sec. 17. Repeaiing Ciause. - All laws, decrees, executive orders, rules and
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regulations and other issuances or parts thereof inconsistent with the provisions of
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this Act are hereby repealed or modified accordingly.
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Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
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Approved,