Showing posts with label Legal Education. Show all posts
Showing posts with label Legal Education. Show all posts

Tuesday

ACLAS - Alliance of Concerned Law Students

Alliance of Concerned Law Students
Established 1993

Tested by Time, Taught by Experience.
Only one goal - STUDENT SERVICE at its BEST.



Objectives:


1. Unity in Diversity. The ACLAS believes that the Institute of Law of the Far Eastern University is a representative section of the Philippines, a microcosm of our society. As such, we reach out to the various persons, groups, affiliations, and organizations, in the Institute to foster harmonious relations with all students.

2. More than Adequate Representation. The Student Council should, first and foremost, be the voice of the students. As a Party, we believe in the truthful representation of the students’ concerns and grievances to the proper authorities – to fight no matter what and to face the consequences of our stands.

3. Freedom and Justice for all. The ACLAS’ main and foremost concern is the propagation of a free and just administration in the Institute of Law, either by the school administrators or the student leaders.

4. A Tradition of Quality Service. The ACLAS has been the hallmark of student oriented services. Ever since the party was established and countless student leaders have graced the party’s line-up, our projects have been hailed as exemplars of good student practices.

5. Truthful and Honest Administration. The ACLAS believes in the accountability of its chosen leaders. As such, we have been successful in keeping our role as stewards of the students’ trust.


Platforms:


1. Amendment of the Institute of Law Student Council Constitution
Amendment of the provisions limiting student participation in the electoral processes.

2. Institutionalization of the Commission on Elections and the Political Party System
Creation of a Fixed-term Commission on Elections in accordance with University Rules, creation of the COMELEC Rules of Procedure and the Institutionalization of the Political Party System in the Student Council Elections.

3. Pro-active support for the activities of the Central Bar Operations, Legal Rights Center, Far Eastern Law Review and the Moot Court Council

A more positive support for the Institutional Organizations of the Institute, i.e. financial, material and manpower support.

4. Creation of a Student Grievance Committee
The creation of this committee aims to provide an institutionalized venue for the redress of student grievances and look towards the resolution of the problems in a manner that is harmonious and acceptable to all concerned.

5. Continuation of the Law Student Newsletter under a revitalized and independent Editorial System
The Legal Advocate shall become an independent and institutional organization in the Institute of Law in order to foster higher ethical standards for the journalists who shall join its fold.

6. Institutional Celebration of the Law Week
The Law Week Celebration shall become an institutional event that shall mark the establishment of the Institute of Law. During the Law Week, student achievements shall be highlighted and awarded.

7. Institute Intramurals
Sports activities shall become a cornerstone agenda of the ACLAS. Mens sana in corpore sano. Competitive sports tournaments shall be held during the 1st and 2nd Semesters, in order to promote sports activities to all law students. We shall likewise bat for higher subsidies for participants in the Conflicts of Law.

8. Outreach Programs
The Outreach program is an integral part of the party objectives, which aims to help our less fortunate brothers, staying true to our Tamaraw traditions, and causing the development of our society in whatever small measure we may take.

9. Legal and Leadership Training Programs, Forums and Seminars
As law students, legal trainings are essential in our extra-curricular and co-curricular activities, if we can still manage our time. Legal Forums and Seminars should be conducted as much as possible because the Institute of Law is a respected member of the University, upon whom the rest of the studentry reposes their trust.

10. System-wide reform in the Enrollment Process
Problems in the Enrollment process have been the worse issue being raised by students year after year. We shall endeavor to try a new system-wide approach at the enrollment system in the upcoming Summer Enrollment.

11. Voice of the Students
We can never truly define the functions of the Student Council. The functions of the Council are defined by the needs of the students and our needs are overly changing. Just like our government, which cannot act properly if the citizens will not let their voices be heard, the Student Council cannot address your needs if you, the students, do not let us know your needs.

It is wrong to say that the Student Council is working for you. We aim to work with you, our fellow law students. It is with your cooperation that we will truly realize our goals. We are your ears. We are your guide. Never hesitate to voice out your concerns. We are your representatives, and it is our duty to make sure that you are represented.



This area is for students’ voices. We shall represent your voices; we shall promote your interest. You will be our first priority. We shall stand by you although out. We will do it, without promising. We will act on it, without speaking. We will make our stand; together we shall make a difference. Make yourselves heard. We shall make sure that it will reach the highest pinnacle of powers. We shall make it happen. ACLAS – Alliance of Concerned Law Students. All of us are concerned law students, ALL OF US ARE ACLAS!

Wednesday

Mandatory Legal Aid Service for Practicing Lawyers

BM No. 2012

PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING LAWYERS

RESOLUTION

Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court Resolved to APPROVE the same.

This Resolution shall take effect on July 1, 2009 following publication of the said Rule and its implementing regulations in at least two (2) newspapers of general circulation.

February 10, 2009.

———————–

RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Title. - This Rule shall be known as “The Rule on Mandatory Legal Aid Service.”

SECTION 2. Purpose. – This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.

SECTION 3. Scope. – This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

SECTION 4. Definition of Terms. – For purposes of this Rule:

(a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term “practicing lawyers” shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to practice;
(ii) Lawyers who by law are not allowed to appear in court;
(iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and
(iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No. 150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation;

(d) Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de
oficio shall also be considered as free legal aid services and credited as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country;

(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an equivalent or similar position. The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding.

SECTION 5. Requirements. –

(a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court.

The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year.

(b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. The certificate shall contain the following information:

(i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was
rendered.

(ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body.

(iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on
a particular case.

(iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or
conference) or pleading filed on a particular case shall be considered as one (1) hour of service.

The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyer’s compliance report.

(c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBP’s NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the mandatory submission of compliance reports by the practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

(f) Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court. The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(g) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively
participated in the NGO’s or PO’s free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by
way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(i) Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP.

SECTION 6. NCLA. –

(a) The NCLA shall coordinate with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent.

(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records in compliance with this Rule.

(d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties. –

(a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.

(b) The “not in good standing” declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors. During the said period, the
lawyer cannot appear in court or any quasi-judicial body as counsel. Provided, however, that the “not in good standing” status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said
proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall
be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a
legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal
and administrative charges against the malfeasor.

SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). – A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units for such subjects as may be prescribed by
the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules. – The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are “practicing lawyers,” what constitute “legal aid cases” and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval.

SECTION 10. Effectivity. – This Rule and its implementing rules shall take effect on July 1, 2009 after they have been published in two (2) newspapers of general circulation.

Tuesday

Small Claims Cases Pilot Project

Nota bene:

Check the following as guides for this post:
(A.M. No. 08-8-7-SC) Rule of Procedure for Small Claims Cases, and
(A.O. No. 141-2008) Administrative Order Designating Pilot Courts for Small Claims Cases.


Overview of the Rule


The Supreme Court, by virtue of its Constitutionally guaranteed rule-making powers under Section 5(5) of Article VIII, formulated this special rule of procedure to govern small claims cases. It provides a simple, more inexpensive and expeditious means of settling disputes involving purely money claims than the regular civil process, by allowing the plaintiff (the person suing) to sue a defendant (the person being sued) without the need of a lawyer.

According to the definition provided by the rule, small claims cases are civil claims which are exclusively for the payment or reimbursement of a sum of money not exceeding P100,000.00, and does not include interest and costs.

These claims or demands may be:

(a) For money owed under any of the following:

1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;

(b) For damages arising from any of the following:

1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.



Republic Act No. 7662 - Legal Education Reform Act of 1993


AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES.

Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of 1993."


Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal education in order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to infuse in them the ethics of the legal profession; to impress on them the importance, nobility and dignity of the legal profession as an equal and indispensable partner of the Bench in the administration of justice and to develop social competence.

Towards this end, the State shall undertake appropriate reforms in the legal education system, require proper selection of law students, maintain quality among law schools, and require legal apprenticeship and continuing legal education.

Section 3. General and Specific Objective of Legal Education. - (a) Legal education in the Philippines is geared to attain the following objectives:

(1) to prepare students for the practice of law;

(2) to increase awareness among members of the legal profession of the needs of the poor, deprived and oppressed sectors of society;

(3) to train persons for leadership;

(4) to contribute towards the promotion and advancement of justice and the improvement of its administration, the legal system and legal institutions in the light of the historical and contemporary development of law in the Philippines and in other countries.


(b) Legal education shall aim to accomplish the following specific objectives:

(1) to impart among law students a broad knowledge of law and its various fields and of legal institutions;

(2) to enhance their legal research abilities to enable them to analyze, articulate and apply the law effectively, as well as to allowthem to have a holistic approach to legal problems and issues;

(3) to prepare law students for advocacy, counselling, problem-solving and decision-making, and to develop their ability to deal with recognized legal problems of the present and the future;

(4) to develop competence in any field of law as is necessary for gainful employment or sufficient as a foundation for future training beyond the basic professional degree, and to develop in them the desire and capacity for continuing study and self-improvement;

(5) to inculcate in them the ethics and responsibilities of the legal profession; and

(6) to produce lawyers who conscientiously pursue the lofty goals of their profession and to fully adhere to its ethical norms.


Section 4. Legal Education Board; Creation and Composition. - To carry out the purpose of this Act, there is hereby created the Legal Education Board, hereinafter referred to as the Board, attached solely for budgetary purposes and administrative support to the Department of Education, Culture and Sports.

The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme Court or Court of Appeals, and the following as regular members: a representative of the Integrated Bar of the Philippines (IBP); a representative of the Philippine Association of Law Schools (PALS); a representative from the ranks of active law practitioners; and, a representative from the law students' sector. The Secretary of the Department of Education, Culture and Sports, or his representative, shall be an ex officio member of the Board.

With the exception of the representative of the law students' sector, the Chairman and regular members of the Board must be natural-born citizen of the Philippines and members of the Philippine Bar, who have been engaged for at least ten (10) years in the practice of law, as well as in the teaching of law in a duly authorized or recognized law school.

Section 5. Term of Office; Compensation. - The Chairman and regular members of the Board shall be appointed by the President for a term of five (5) years without reappointment from a list of at least three (3) nominees prepared, with prior authorization from the Supreme Court, by the Judicial and Bar Council, for every position or vacancy, and no such appointment shall need confirmation by the Commission on Appointments. Of those first appointed, the Chairman and the representative of the IBP shall hold office for five (5) years, the representatives of the PALS and the PALP, for three (3) years; and the representative from the ranks of active law practitioners and the representative of the law students' sector, for one (1) year, without reappointment. Appointments to any vacancy shall be only for the unexpire portion of the term of the predecessor.

The Chairman and regular members of the Board shall have the same salary and rank as the Chairman and members, respectively, of the Constitutional Commissions: Provided, That their salaries shall not be diminished during their term of office.

Section 6. Office and Staff Support. - The Department of Education, Culture and Sports shall provide the necessary office and staff support to the Board, with a principal office to be located in Metropolitan Manila.

The Board may appoint such other officers and employees it may deem necessary in the performanceof its powers and functions.

Section 7. Powers and Functions. - For the purpose of achieving the objectives of this Act, the Board shall havethe following powers and functions:

(a) to administer the legal education system in the country in a manner consistent with the provisions of this Act;

(b) to supervise the law schools in the country, consistent with its powers and functions as herein enumerated;

(c) to set the standards of accreditation for law schools taking into account, among others, the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning;

(d) to accredit law schools that meet the standards of accreditation;


(e) to prescribe minimum standards for law admission and minimum qualifications and compensation of faculty members;

(f) to prescribe the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness, and such other courses of study as may be prescribed by the law schools and colleges under the different levels of accreditation status;

(g) to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which shall include the actual work of a new member of the Bar.

(h) to adopt a system of continuing legal education. For this purpose, the Board may provide for the mandatory attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary; and

(i) to perform such other functions and prescribe such rules and regulations necessary for the attainment of the policies and objectives of this Act.


Section 8. Accreditation of Law Schools. - Educational institutions may not operate a law school unless accredited by the Board. Accreditation of law schools may be granted only to educational institutions recognized by the Government.

Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or downgrade the accreditation status of a law school if it fails to maintain the standards set for its accreditation status.

Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The withdrawal or downgrading of accreditation status shall be effetive after the lapse ofthe semester or trimester following the receipt by the school of the notice of withdrawal or downgrading unless, in the meantime, the school meets and/or upgrades the standards or corrects the deficiencies upon which the withdrawal or downgrading of the accreditation status is based.

Section 11. Legal Education Fund. - There is hereby created a special endowment fund, to be known as the Legal Education Fund, which shall be under the control of the Board, and administered as a separate fund by the Social Security System (SSS) which shall invest the same with due and prudent regard to its solvency, safety and liquidity.

The Legal Education Fund shall be established out of, and maintained from, the amounts appropriated pursuant to paragraph 2, Section 13 hereof, and from sixty percent (60%) of the privilege tax paid by every lawyer effective Fiscal Year 1994; and from such donations, legacies, grant-in-aid and other forms of contributions received by the Board for the purposes of this Act.

Being a special endowment fund, only the interests earned on the Legal Education Fund shall be used exclusively for the purposes of this Act, including support for faculty development grants, professorial chairs, library improvements and similar programs for the advancement of law teaching and education in accredited law schools.

The Fund shall also be used for the operation of the Board. For this purpose, an amount not exceeding ten percent (10%) of the interest on the Fund shall be utilized.

The Board, in consultation with the SSS, shall issue the necessary rules and regulations for the collection, administration and utilization of the Fund.

Section 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law which are presently under the supervision of the Department of Education, Culture and Sports. Hereafter, said supervision shall be transferred to the Board. Law schools and colleges which shall be established following the approval of this Act shall likewise be covered.

Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is hereby authorized to be charged against the current year's appropriation of the Contingent Fund for the initial expenses of the Board.

To form part of the Legal Education Fund, there shall be appropriated annually, under the budget of the Department of Education, Culture and Sports, the amount of Ten Million Pesos (P10,000,000.00) for a period of ten (10) years effective Fiscal Year 1994.

Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional or the application thereof to any person, circumstance or transaction is held invalid, the validity of the remaining provisions of this Act and the applicability of such provisions to other persons, circumstances and transactions shall not be affected thereby.

Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and regulations, issuances or parts thereof inconsistent with this Act is hereby repealed or amended accordingly.

Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in any two (2) newspapers of general circulation.


Approved: 23 December 1993.

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