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collection of Philippine laws, statutes and codesnot
included or cited in themain indicesof
theChan Robles Virtual Law Library This page features the full text ofRepublic Act No. 7662[Legal Education Act
of
1993]
REPUBLIC
ACT NO. 7662 AN
ACT
PROVIDING FOR
REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL
EDUCATION
BOARD AND FOR OTHER PURPOSES.
SECTION 1. Title. -
This Act shall be known as the "Legal Education Reform Act of 1993."
SEC. 2. Declaration
of
Policies. - It is hereby declared the policy of the State to uplift
the standards of legal education in order to prepare law students for
advocacy,
counselling, problem-solving, and decision-making, to infuse in them
the
ethics of the legal profession; to impress on them the importance,
nobility
and dignity of the legal profession as an equal and indispensable
partner of the Bench in the administration of justice and to develop
social
competence.
Towards
this end, the State shall undertake appropriate reforms in the legal
education
system, require proper selection of law students, maintain quality
among
law schools, and require legal apprenticeship and continuing legal
education.
SEC. 3. General
and Specific Objective of Legal Education. - (a) Legal
education
in the Philippines is geared to attain the following objectives:
(1) to
prepare
students
for the practice of law;
(2) to increase
awareness
among members of the legal profession of the needs of the poor,
deprived
and oppressed sectors of society;
(3) to train
persons
for leadership;
(4) to
contribute
towards the promotion and advancement of justice and the improvement of
its administration, the legal system and legal institutions in the
light
of the historical and contemporary development of law in the
Philippines
and in other countries.
(b) Legal education shall
aim to accomplish the following specific objectives:cralaw:red
(1) to
impart among law
students a broad knowledge of law and its various fields and of legal
institutions;
(2) to enhance
their
legal research abilities to enable them to analyze, articulate and
apply
the law effectively, as well as to allowthem to have a holistic
approach
to legal problems and issues;
(3) to prepare
law
students for advocacy, counselling, problem-solving and
decision-making,
and to develop their ability to deal with recognized legal problems of
the present and the future;
(4) to develop
competence
in any field of law as is necessary for gainful employment or
sufficient
as a foundation for future training beyond the basic professional
degree,
and to develop in them the desire and capacity for continuing study and
self-improvement;
(5) to
inculcate
in
them the ethics and responsibilities of the legal profession; and
(6) to produce
lawyers
who conscientiously pursue the lofty goals of their profession and to
fully
adhere to its ethical norms.
SEC. 4. Legal
Education
Board; Creation and Composition. - To carry out the purpose of this
Act, there is hereby created the Legal Education Board, hereinafter
referred
to as the Board, attached solely for budgetary purposes and
administrative
support to the Department of Education, Culture and Sports.
The Board shall be
composed
of a Chairman, who shall preferably be a former justice of the Supreme
Court or Court of Appeals, and the following as regular members:
a representative of the Integrated Bar of the Philippines (IBP); a
representative
of the Philippine Association of Law Schools (PALS); a representative
from
the ranks of active law practitioners; and, a representative from the
law
students' sector. The Secretary of the Department of Education,
Culture
and Sports, or his representative, shall be an ex officio
member
of the Board.
With the exception of
the
representative of the law students' sector, the Chairman and regular
members
of the Board must be natural-born citizen of the Philippines and
members
of the Philippine Bar, who have been engaged for at least ten (10)
years
in the practice of law, as well as in the teaching of law in a duly
authorized
or recognized law school.
SEC. 5. Term
of
Office; Compensation. - The Chairman and regular members of the
Board
shall be appointed by the President for a term of five (5) years
without
reappointment from a list of at least three (3) nominees prepared, with
prior authorization from the Supreme Court, by the Judicial and Bar
Council,
for every position or vacancy, and no such appointment shall need
confirmation
by the Commission on Appointments. Of those first appointed, the
Chairman and the representative of the IBP shall hold office for five
(5)
years, the representatives of the PALS and the PALP, for three (3)
years;
and the representative from the ranks of active law practitioners and
the
representative of the law students' sector, for one (1) year, without
reappointment.
Appointments to any vacancy shall be only for the unexpire portion of
the
term of the predecessor.
The Chairman and
regular
members of the Board shall have the same salary and rank as the
Chairman
and members, respectively, of the Constitutional Commissions: Provided,
That their salaries shall not be diminished during their term of
office.
SEC. 6. Office and
Staff
Support. - The Department of Education, Culture and Sports shall
provide
the necessary office and staff support to the Board, with a principal
office
to be located in Metropolitan Manila.
The Board may appoint
such
other officers and employees it may deem necessary in the performanceof
its powers and functions.
SEC. 7. Powers and
Functions.
- For the purpose of achieving the objectives of this Act, the
Board
shall havethe following powers and functions:
(a) to administer
the legal education system in the country in a manner consistent with
the
provisions of this Act;
(b) to supervise
the
law schools in the country, consistent with its powers and functions as
herein enumerated;
(c) to set the
standards
of accreditation for law schools taking into account, among others, the
size of enrollment, the qualifications of the members of the faculty,
the
library and other facilities, without encroaching upon the academic
freedom
of institutions of higher learning;
(d) to accredit
law
schools that meet the standards of accreditation;
(e) to prescribe
minimum
standards for law admission and minimum qualifications and compensation
of faculty members;
(f) to prescribe
the
basic curricula for the course of study aligned to the requirements for
admission to the Bar, law practice and social consciousness, and such
other
courses of study as may be prescribed by the law schools and colleges
under
the different levels of accreditation status;
(g) to establish
a
law practice internship as a requirement for taking the Bar which a law
student shall undergo with any duly accredited private or public law
office
or firm or legal assistance group anytime during the law course for a
specific
period that the Board may decide, but not to exceed a total of twelve
(12)
months. For this purpose, the Board shall prescribe the necessary
guidelines for such accreditation and the specifications of such
internship
which shall include the actual work of a new member of the Bar.
(h) to adopt a
system
of continuing legal education. For this purpose, the Board may
provide
for the mandatory attendance of practicing lawyers in such
courses
and for such duration as the Board may deem necessary; and
(i) to perform
such
other functions and prescribe such rules and regulations necessary for
the attainment of the policies and objectives of this Act.
SEC. 8. Accreditation
of Law Schools. - Educational institutions may not operate a law
school
unless accredited by the Board. Accreditation of law schools may
be granted only to educational institutions recognized by the
Government.
SEC. 9. Withdrawal
or Downgrading of Accreditation. - The Board may withdraw or
downgrade the accreditation status of a law school if it fails to
maintain
the standards set for its accreditation status.
SEC. 10.
Effectivity
of Withdrawal or Downgrading of Accreditation. - The
withdrawal
or downgrading of accreditation status shall be effetive after the
lapse
ofthe semester or trimester following the receipt by the school of the
notice of withdrawal or downgrading unless, in the meantime, the school
meets and/or upgrades the standards or corrects the deficiencies upon
which
the withdrawal or downgrading of the accreditation status is based.
SEC. 11. Legal
Education Fund. - There is hereby created a special endowment fund,
to be known as the Legal Education Fund, which shall be under the
control
of the Board, and administered as a separate fund by the Social
Security
System (SSS) which shall invest the same with due and prudent regard to
its solvency, safety and liquidity.
The Legal Education
Fund
shall be established out of, and maintained from, the amounts
appropriated
pursuant to paragraph 2, Section 13 hereof, and from sixty percent
(60%)
of the privilege tax paid by every lawyer effective Fiscal Year 1994;
and
from such donations, legacies, grant-in-aid and other forms of
contributions
received by the Board for the purposes of this Act.
Being a special
endowment
fund, only the interests earned on the Legal Education Fund shall be
used
exclusively for the purposes of this Act, including support for faculty
development grants, professorial chairs, library improvements and
similar
programs for the advancement of law teaching and education in
accredited
law schools.
The Fund shall also be
used
for the operation of the Board. For this purpose, an amount not
exceeding
ten percent (10%) of the interest on the Fund shall be utilized.
The Board, in
consultation
with the SSS, shall issue the necessary rules and regulations for the
collection,
administration and utilization of the Fund.
SEC. 12. Coverage.
- The provisions of this Act shall apply to all schools and
colleges
of law which are presently under the supervision of the Department of
Education,
Culture and Sports. Hereafter, said supervision shall be
transferred
to the Board. Law schools and colleges which shall be established
following the approval of this Act shall likewise be covered.
SEC. 13. Appropriation.
- The amount of One Million Pesos (P1,000,000.00) is hereby authorized
to be charged against the current year's appropriation of the
Contingent
Fund for the initial expenses of the Board.
To form part of the
Legal
Education Fund, there shall be appropriated annually, under the budget
of the Department of Education, Culture and Sports, the amount of Ten
Million
Pesos (P10,000,000.00) for a period of ten (10) years effective Fiscal
Year 1994.
SEC. 14. Separability
Clause. - If any provision of this Act is declared
unconstitutional
or the application thereof to any person, circumstance or transaction
is
held invalid, the validity of the remaining provisions of this Act and
the applicability of such provisions to other persons, circumstances
and
transactions shall not be affected thereby.
SEC. 15. Repealing
Clause. - All laws, decrees, executie orders, rules and
regulations,
issuances or parts thereof inconsistent with this Act is hereby
repealed
or amended accordingly.
SEC. 16. Effectivity.
- This Act shall take effect after fifteen (15) days following
the
completion of its publication in the Official Gazette or in any two (2)
newspapers of general circulation.
Approved: 23
December
1993.
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