IN giving due credence to the country’s committed legal counsels who provide pro bono services to the underprivileged, particularly indigent Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), Davao City Rep. Paolo Duterte and Benguet Rep. Eric Yap joined hands in filing a measure that would give tax breaks to the selfless lawyers.
House Bill No. 7867 also seeks to amend Republic Act No. 8371 or The Indigenous Peoples’ Rights Act of 1997, in order to institutionalize the provision of pro bono legal services to the 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 explained.
Duterte added that the Bill of Rights guarantees the right to an independent and competent legal counsel of any person undergoing an investigation for a commission of an offense. The same provision also enunciates the mandate of the state to provide a legal counsel for the said person if he/she cannot afford one.
Yap, on the other hand, said that 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.
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 NICP provides under its rules.
The Act 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 direct deduction from his income tax due in the amount of P100,000.
To make sure that HB 7867 would be implemented in accordance with its desired objectives, the NICP would be working closely with the Bureau of Internal Revenue (BIR) and the Integrated Bar of the Philippines (IBP).
