republic act no. 9999 - free legal assistance act of 2010

8/8/2019 Republic Act No. 9999 - Free Legal Assistance Act of 2010

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s. No. 2361H. No. 4301

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[ REpUBLIC ACT No. 99881

AN ACT PROVIDING A MECHANISM FOR FREE LEGALASSISTANCE AND FOR OTIlER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known asthe "Free Legal Assistance Act of 2010".

SEC. 2. Declaration of Policy. - I t is the declared policyof the State to value the dignity of every human person andguarantee the rights of every individual, particularly those whocannot afford the services of a legal counsel.

Furthermore, i t is the policy of the State to promote ajust and dynamic social order that will ensure the prosperityand independence of the nation and free the people from povertythrough policies and programs that provide adequate socialservices and improve the quality of hfe for all.


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In addition, the State shall guarantee free legal assistanceto the poor and ensure tha t every person who cannot afford

the services of a counsel is provided with a competent andindependent counsel preferably of hislher own choice, i f upondetermination it appears that the party cannot afford theservices of a counsel, and that the services of a counsel arenecessary to secure the ends of justice and protect the rightsof the party.

SEC. 3. Definition of Terms. - As provided for in thisAct, the term legal services to be performed by a lawyer refers

to any activity which requires the application of law, legalprocedure, knowledge, training and experiences which shallinclude, among others, legal advice and counsel, and thepreparation of instruments and contracts, including appearancebefore the administrative and quasi-judicial offices, bodies andtribunals handling cases in court, and other similar servicesas may be defined by the Supreme Court.

SEC. 4. Requirements for Availment. - For purposes of

availing of the benefits and services as envisioned in this Act,a lawyer or professional partnership shall secure a certificationfrom the Public Attorney's Office (PAO), the Department ofJustice (DOJ) or accredited association of the Supreme Courtindicating that t h ~said legal services to be provided are withinthe services defined by the Supreme Court, and that theagencies cannot provide the legal services to be provided bythe private counsel.

For purposes of determining the number of hours actuallyprovided by the lawyer andlor professional firm in theprovision of legal services, the association andlor organizationduly accredited by the Supreme Court shall issue thenecessary certification that said legal services were actuallyundertaken.

The certification issued by, among others, the PAO, theDOJ and--other accredited association by the Supreme Court

shall be submitted to the Bureau of Internal Revenue (BIR)for purposes of availing the tax deductions as -provided for inthis Act and to the DOJ for purposes of monitoring.

SEC. 5. Incentives to Lawyers. - For purposes of thisAct, a lawyer or professional partnerships rendering actual free


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legal services, as defined by the Supreme Court, shall beentitled to an allowable deduction from the gross income, theamount that could have been collected for the actual free legal

services rendered or up to ten percent (10%) of the grossincome derived from the actual performance of the legalprofession, whichever is lower: Provided, That the actual freelegal services herein contemplated shall be exclusive of theminimum sixty (GO)-hour mandatory legal ai d services renderedto indigent litigants as required under the Rule on MandatoryLegal Aid Service for Practicing Lawyers, under BAR MatterNo. 2012, issued by the Supreme Court.

SEC. 6. Information, Education and Com,munication(IEC) Campaign. - The DOJ, in cooperation with thePhilippine Information Agency (PIA), is hereby mandated toconduct an annual IEC campaign in order to inform thelawyers of the procedures and guidelines in availing taxdeductions and inform the general public that a free legalassistance to those who cannot afford counsel is being providedby the State.

SEC. 7. Reportorial Requirement. - For purposes ofdetermining the effectiveness and social impact of theprovisions of this Act, the DOJ shall submit an annual reportto both Houses of Congress indicating therewith the numberof parties who benefited from th,s Act.

The report shall state in detail, among others, thegeographic location, demographic characterist ics andsocioeconomic profile of the benefIciaries of this Act.

SEC. 8. Implementing Rules and Regulations (IRRJ. -Within ninety (90) days from the date of effectivity 'of trus Act,the BIR shall formulate the necessary revenue regulations forthe proper implementation of the tax component as envisionedin this Act.

The Supreme Court shall formulate the necessaryimplementing rules and regulations with respect to the legal

services covered under trus Act and the process of accreditationof organizations and/br associations which will provide freelegal assistance.


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SEC. 9. Separability Clause. - I f any provision of thisAct is declared unconstitutional or invalid, the other provisionsnot affected by such declaration shall remain in full force andeffect.

SEC. 10. Repealing Clause. - Any law, decree, ordinance01' administrative circular not consistent with any provisionof this Act is hereby amended, repealed or modifiedaccordingly.

SEC. 11 . Effectivity Clause. - This Act shall take effectfifteen (15) days after its complete publication in the OfficialGazette or in two (2) newspapers of general circulation.

Approved,

C. NOGRALES

peaker of he Houseo f Representatives

This Act which is a consolidation of Senate Bill No. 2361and House Bill No. 4301 was finally passed by the Senateand the House of Representatives on January 27, 2010 andJanuary 26,2010, respectively.

~ : R i ~ 7 ~ / f u ~Secretary General

House o f Representatives

Approved: FEB 2 3 2010

E j r ~ l I ~ ~s e = ~ ~ ~ r : : : a

republic act no. 9999 - free legal assistance act of 2010

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