K. Right to Free Access to Courts and Adequate Legal Assistance

1987 CONST., art. III, sec. 11; R.A. No. 9999

> art. III, sec. 11 SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

[R.A. No. 9999](/20b4b414594f4cfcb401f4425c946f48?pvs=25)

Republic Act No. 9999, also known as the Free Legal Assistance Act of 2010, establishes a mechanism to provide free legal services to the poor and underprivileged in the Philippines. The key points are:

• It is the declared policy of the state to guarantee the rights of every person, particularly those who cannot afford legal counsel. 
• The act defines "legal services" as any activity requiring the application of law, legal procedure, knowledge, and experience, including legal advice, counsel, and representation before administrative and quasi-judicial bodies. 
• To avail of the free legal services, a lawyer or firm must secure a certification from the Public Attorney's Office, Department of Justice, or a Supreme Court-accredited association, stating that the services are within the scope defined by the Supreme Court and that the government agencies cannot provide the services. 
• The act provides tax incentives for lawyers and firms rendering actual free legal services, allowing a deduction of up to 10% of their gross income. 
• The Department of Justice, in cooperation with the Philippine Information Agency, is mandated to conduct an annual information, education, and communication campaign to inform lawyers about the procedures and guidelines for providing free legal assistance. 
• The Supreme Court is tasked with formulating the necessary implementing rules and regulations for the legal services covered under the act.

ADEQUATE LEGAL ASSISTANCE AND FREE ACCESS TO COURTS

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. (PHIL. CONST., art. 3, § 11)

The new Constitution has expanded the right so that in addition to giving free access to courts it now guarantees free access also to "quasi judicial bodies" and to "adequate legal assistance" as well. (Bernas, The 1987 Philippine Constitution: A Comprehensive Reviewer, 2011)

Those protected include low paid employees, domestic servants and laborers. (Cabangis v. Almeda Lopez, G.R. No. 47685, September 20, 1940)

Indigent Party

A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.

Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides. (ROC, Rule 3, § 21)

Indigent Litigants Exempt From Payment of Legal Fees

Indigent litigants whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee; and who do not own real property with a fair market value as stated in the current tax declaration of more than three hundred thousand (P300,000.00) pesos shall be exempt from the payment of legal fees.

The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides.

To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income above-mentioned, and they do not own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. The current tax declaration, if any, shall be attached to the litigant’s affidavit. (ROC, Rule 141, § 18)

Matter of Discretion

On the other hand, when the application does not satisfy one or both requirements, then the application should not be denied outright; instead, the court should apply the "indigency test" under Section 21 of Rule 3 – that the applicant has no money or property sufficient and available for food, shelter and basic necessities for himself and his family – and use its sound discretion in determining the merits of the prayer for exemption. (Algura v. The Local Government Unit of the City of Naga G.R. No. 150135, Oct. 30, 2006)

RIGHT TO COMPETENT AND INDEPENDENT COUNSEL

Competent Counsel: Effective and Vigilant

A competent counsel is an effective and vigilant counsel. An "effective and vigilant counsel" necessarily and logically requires that the lawyer be present and able to advise and assist his client from the time the confessant answers the first question asked by the investigating officer until the signing of the extrajudicial confession. (People v. Tomaquin, G.R. No. 133188, July 23, 2004)