Republic Act No. 12177

This Act shall be known as the "Free Legal Assistance for Military and Uniformed Personnel Act".

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 and territory of the country against all enemies, enforcing the laws of the land, preventing crimes, and maintaining peace and order.

The State shall promote peace and order and ensure public safety through effective and efficient military and uniformed service composed of highly motivated officers, enlisted and uniformed personnel.

To this end, the State shall, as far as practicable, provide free legal assistance to military and uniformed personnel in criminal, civil, or administrative proceedings arising from service-related incidents.

As used in this Act:

The MUP facing any service-related case before a prosecutor's office, court, quasi-judicial or administrative body, or any competent body or tribunal shall be entitled to free legal assistance.

Retired and honorably discharged and separated MUP shall be eligible for free legal assistance on service-related cases committed while still in active duty.

Within twenty-four (24) hours from the official receipt of the charge against the MUP, the heads of the MUP agencies, through the head of the Legal Office, shall direct their respective legal officers to provide free legal assistance to qualified MUP as provided in this Act. The agencies shall establish guidelines and procedures for availing free legal assistance and determining service-related cases to be approved by the head of the MUP agency: Provided, That in case of conflict of interest, the MUP shall not be entitled to free legal assistance under this Act. Notwithstanding any provision to the contrary, "conflict of interest" as used in this Act shall refer to an instance where the handling by the legal office of a case will adversely affect the interest of the MUP concerned agency.

The determination of which cases are service-related shall be made by the respective legal offices of the AFP, BFP, BJMP, PCG, BuCor, PNP, and NAMRIA based on the evidence provided by the MUP. Any officer tasked to determine the eligibility of MUP applicants for free legal assistance under this Act who, through manifest partiality, evident bad faith, or gross inexcusable negligence, improperly denies or approves an application shall be held liable under Section 3(e) of Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practices Act".

Free legal assistance shall include the following:

Within ninety (90) days from the effectivity of this Act, the Chie of Staff of the AFP, the Chiefs of the PNP, BJMP, and NFP, the Commandant of the PCG, the Director General of BuCor, and the Administrator of the NAMRIA shall submit to the organizational structure and staffing patterns based on the idea ratio of legal officers with the total number of personnel, taking into consideration the demands of the service, historical number of cases handled, current case load, and logistical requirements necessary for their respective legal officers to render adequate and effective free legal assistance to qualified personnel. The DBM shall act on the submissions in accordance with Republic Act No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018".

The government lawyer providing legal assistance to the MUP shall be entitled to payment of actual travel and other expenses, including Special Counsel Allowance for each appearance before the prosecutor's office, court, quasi-judicial, and administrative agency, or any competent body or tribunal, subject to existing laws, rules, and regulations.

This Act shall apply to all MUP who have pending service-related cases.

This Act shall apply to all MUP who have pending service-related cases.

Within ninety (90) days from the effectivity of this Act, the DBM, Department of National Defense, Department of Justice, Department of the Interior and Local Government, and Department of Transportation, in coordination with the Chief of Staff of the AFP, Chiefs of the PNP, BJMP and BFP, the Commandant of the PCG, the Director General of BuCor, and the Administrator of the NAMRIA, shall issue the necessary rules and regulation to implement this Act: Provided, That the non-promulgation of the implementing rules and regulations shall not prevent the implementation of this Act upon effectivity.

The amount necessary for the implementation of this Act shall be included in the annual General Appropriations Act.

If any portion or provision of this Act is declared unconstitutional, the remainder or any provision not affected thereby shall remain in force and effect.

All other laws, decrees, orders, rules, regulations, or parts thereof inconsistent with this Act are hereby amended, repealed, or modified accordingly.

This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

| (SGD.) FERDINAND MARTIN G. ROMUALDEZ Speaker of the House of Representatives | (SGD.) FRANCIS "CHIZ" G. ESCUDERO President of the Senate |