Voting 248 against three, the House of Representatives has approved on third and final reading the measure that would provide free legal aid to members of the military and uniformed personnel who are charged with crimes done in relation to the performance of their duties.
Covered under House Bill 6509 are officers or uniformed personnel ofthe Armed Forces of the Philippines, Bureau of Fire Protection, Bureau of Jail Management and Penology, Philippine Coast Guard, and the Philippine National Police who are facing charges before the Prosecutor’s Office, Courts or any competent body arising from an incident related to their official duties.
“It is the declared policy of the State to protect the dignity and rights of its citizens, including those responsible for upholding the Constitution, defending the sovereignty of the country and its territory against all enemies, enforcing the laws of the land, preventing crimes, and maintaining peace and order,” the HB 6509, to be known as “Free Legal Assistance for Military and Uniformed Personnel Act,” read.
“To this end, the State shall provide free legal assistance to military and uniformed personnel (MUP),” it continued, enumerating the list of uniformed personnel covered by the free legal aid for any “criminal, civil or administrative charge or case involving service-related incidents.”
Speaker Martin G. Romualdez, Majority Leader Manuel Jose M. Dalipe, Yedda Marie K. Romualdez, Ferdinand Alexander A. Marcos, Jude A. Acidre, were among the authors of the bill.
If the measure is passed into law, it will also be applicable to all MUPs with pending charges covered under the bill.
“This Act shall also apply to all officers and uniformed personnel of the AFP, BFP, BJMP, PCG, or PNP who have pending cases involving service-related incidents before the prosecutor’s office, the courts, or any quasi-judicial or administrative body,” it read.
Furthermore, all those granted with free legal assistance will continue to enjoy such legal aid “even after their retirement from service.”
“Retired officers or uniformed personnel of the AFP, BFP, BJMP, PCG, or PNP shall also be given free legal assistance for cases or charges involving service-related incidents committed by such retired officers or uniformed personnel while still in active duty,” the measure declared.
According to the bill, if a covered MUP is charged and is qualified, his head of office is mandated to apply the provision on free legal aid within 24 hours through their respective legal offices.
Legal aid, under HB 6509, include the following:
• Legal representation in all stages of civil, criminal or administrative proceedings involving service-related incidents;
• Legal advice or consultations in relation to service-related cases or incidents;
• Preparation of pleadings, motions, memoranda, and all other legalforms and documents in relation to service-related cases
• Notarization of documents in relation to service-related cases; an
• All other legal services and tasks as directed by the Chief of Staff of the AFP, the Chief of the BFP, the Chief of the BJMP, the Commandant of the PCG, or the Chief of the PNP.
The bill also mandates the respective offices of MUPs to strengthen their respective legal offices and revise their organizational structure to adequately represent those who are entitled to free legal aid.
“The government lawyer so designated to provide legal assistance to an officer or uniformed personnel of the AFP, BFP, BJMP, PCG, or PNP shall be entitled to payment of actual travel and other expenses, including Special Counsel Allowance, subject to existing laws, rules, and regulations,” it said.
