POLITICAL LAW REVIEW
KA-POLI NOTES Held: No. The importance of the right to free access to the
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BILL OF RIGHTS
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.
FREE ACCESS TO COURTS
To whom is this right extended to?
It is premised on a person’s poverty.
What does this section guarantee?
That everyone, especially indigents who could not afford the
services of a counsel, shall not be denied representation
despite poverty.
Does this mean, everything is free?
Unfortunately, no. It is only a guarantee of availability of legal
remedies. Parties will still pay reasonable fees.
Re: Query of Mr. Roger C. Prioreschi
A.M. No. 09-6-9-SC. August 19, 2009
Facts: In a letter to the Chief Justice, the administrator of the
Good Shepherd Foundation requested that the right to free
access to courts be extended to their foundation despite the
law clearly stating that it should only deal mainly with
“individual indigents” and not foundations or associations
that work with indigent persons.
Issue: W/N the constitutional mandate of free access to courts
may be extended to foundations and associations which deal
with indigents.
POLI RECIT Qs / ARTICLE III, SECTION 11
KA-POLI NOTES 2020-2021
Dione Maghirang / Lara Murallos / Tin Narne-Pedralvez / Fergie Villanueva
courts and quasi-judicial bodies and to adequate legal
assistance cannot be denied. However, this is a constitutional
stature which is specifically for the protection of the poor.
It is the clear intent and precise language of the Rules of Court
that only a natural party litigant may be regarded as an
indigent litigant. The Good Shepherd Foundation, being a
corporation invested by the State with a juridical personality
separate and distinct from its members, is a juridical person.
As a juridical person, it cannot be accorded the exemption
from legal and filing fees granted to indigent litigants, despite
working for indigent and underprivileged people.
Clearly, the Constitution has explicitly premised the free
access clause on a person’s poverty, a condition that only a
natural person can suffer.
Further, extending the exemption to a juridical person may be
abused, particularly by corporations and entities bent on
circumventing the rule on payment of fees.
Doctrine: A juridical person cannot be accorded the
exemption from legal and filing fees granted to indigent
litigants under the free access clause even despite working for
indigent and underprivileged people.
FREE LEGAL ASSISTANCE ACT OF 2010 (RA 9999)
Legal Services
Any activity which requires the application of law, legal
procedure, knowledge, training, and experiences.
Requirements
A lawyer or professional partnership shall secure a
certification from PAO or DOJ, or any accredited association
of the SC indicating that the said legal services be provided
are within the services defined by the SC.
Number of hours
The SC shall issue the necessary certification that the said legal
services were actually undertaking
Incentives
Entitlement to an allowable deduction from the gross income,
the amount that could have been collected for the actual free
legal services rendered, or up to 10% of the gross income
derived from the actual performance of the profession,
whichever is lower. This is exclusive of the minimum 60-hour
mandatory legal aid services rendered under the Mandatory
Legal Aid Services.
Exceptions?
(1.) Government employees, incumbent elective officials
(2.) Lawyers not allowed to appear in court
(3.) Supervising lawyers of students, lawyers of NGOs
(4.) Lawyers not covered by the above enumeration but do
not appear for and in behalf of parties in courts of law
and quasi-judicial agencies