BY ATTY. JULIUS GREGORY B. DELGADO
REPUBLIC ACT NO. 12177 (FREE LEGAL ASSISTANCE FOR MILITARY AND UNIFORMED PERSONNEL ACT)
Last April 15, 2025, President Ferdinand Romualdez Marcos signed into law Republic Act No. 12177 (An Act Providing Free Legal Assistance to Military and Uniformed Personnel Facing Any Charge Arising from Incidents Related to the Performance of Official Duty, and Appropriating Funds Therefor), or the Free Legal Assistance for Military and Uniformed Personnel Act.
The policy behind this law is for 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 law also aims to 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. In that light, 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.
Military and Uniformed Personnel (MUP) refers to officers, enlisted and uniformed personnel of the Armed Forces of the Philippines (AFP), Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), Philippine Coast Guard (PCG), and the Hydrography Branch of the National Mapping and Resource Information Authority (NAMRIA).
Service-related cases refer to civil, criminal, and administrative cases filed against the MUP for incidents related to or in connection with the discharge of their official functions or the performance of their duties. These cases may be before the prosecutor’s office, quasi-judicial or administrative body, or any competent body or tribunal shall be entitled to free legal assistance. The law extends the benefit even to retired and honorably discharged and separated MUP on service-related cases committed while still in active duty.
The MUP agencies, through the head of their respective Legal Offices, shall direct their respective legal personnel to provide legal assistance to qualified MUPs. The law mandated these agencies to come up with their own internal guidelines to implement this law. In case of conflict of interest, which is defined as those scenarios or instances which may affect the interest of the MUP concerned agency, the MUP shall not be entitled to free legal assistance.
The coverage of the free legal services are as follows: (a) legal representation in civil, criminal, or administrative proceedings, as far as practicable; (b) legal advice or consultations; (c) preparation of pleadings, motions, memoranda, and all legal forms and documents; (d) court fees and other related fees; and (e) notarization of documents.
The law is a boon for our MUP as facing service-related countersuits drains their resources if shelled out from their meager salaries. However, the law could have refined the definition of service-related cases limiting the same to “lawful” performance of their duties. I am sure the IRR and the MUP agencies’ respective guidelines will incorporate this colatilla as we do not want to tolerate and spend public funds for excesses and abuses.