MANILA – Representatives Paolo Duterte of Davao’s first district and Eric Yap of Benguet’s lone district on Tuesday gave due credence to the country’s committed legal counsels who provide pro bono services to the underprivileged, particularly the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).
The two lawmakers, in recognition of such a commitment, filed House Bill (HB) 7867 seeking to give tax breaks to selfless lawyers who provide free services to indigents.
The proposed measure also seeks to amend Republic Act 8371, or “The Indigenous Peoples' Rights Act of 1997”, to institutionalize the provision of pro bono legal services to indigent ICCs/IPs.
“In recognition of the selfless and committed efforts of these legal counsels who tirelessly give pro bono services to the underprivileged and marginalized, particularly indigent ICCs/IPs, the said legal counsels must then be entitled to tax credits, which shall be deducted from their gross income,” Duterte said.
He added that the Bill of Rights guarantees the right to an independent and competent legal counsel of any person undergoing an investigation for the commission of an offense. The same provision also enunciates the mandate of the state to provide legal counsel for the person if he/she cannot afford one.
Yap, on the other hand, said a significant number of the country’s ICCs/IPs are living below the poverty line.
“Thus, once investigated or held as accused, these ICCs/IPs’ rights to counsel becomes prejudicial, given that no legal counsels are immediately available on their behalf,” he added.
Yap added that under the proposed measure, the National Commission for Indigenous Peoples (NCIP) would be empowered to appoint counsel de oficio for indigent ICCs/IPs with pending cases before it.
The appointed pro bono counsel shall be entitled to tax-free honoraria or per diem as the NCIP provides under its rules.
The bill also highlights that any member of the Philippine Bar, who has rendered free legal services to the indigent ICCs of at least 100 hours within one year shall be entitled to a direct deduction from his income tax due in the amount of PHP100,000.
To make sure that HB 7867 would be implemented based on its desired objectives, the NICP would be working closely with the Bureau of Internal Revenue and the Integrated Bar of the Philippines. (PNA)
