Section 5Sec./Art. 5

Procedure and Coverage. - Within twenty-four (24) hours from the official receipt of the charge against the MUP, the heads of the MUP agencies, through the head of the Legal Office, shall direct their respective legal officers to provide free legal assistance to qualified MUP as provided in this Act. The agencies shall establish guidelines and procedures for availing free legal assistance and determining service-related cases to be approved by the head of the MUP agency: Provided, That in case of conflict of interest, the MUP shall not be entitled to free legal assistance under this Act. Notwithstanding any provision to the contrary, "conflict of interest" as used in this Act shall refer to an instance where the handling by the legal office of a case will adversely affect the interest of the MUP concerned agency.

The determination of which cases are service-related shall be made by the respective legal offices of the AFP, BFP, BJMP, PCG, BuCor, PNP, and NAMRIA based on the evidence provided by the MUP. Any officer tasked to determine the eligibility of MUP applicants for free legal assistance under this Act who, through manifest partiality, evident bad faith, or gross inexcusable negligence, improperly denies or approves an application shall be held liable under Section 3(e) of Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practices Act".

Free legal assistance shall include the following:

(a) Legal representatives in civil, criminal, or administrative proceedings, as far as practicable;

(b) Legal advice or consultations;

(c) Preparation of pleadings, motions, memoranda, and all other legal forms and documents;

(d) Court fees and other related fees; and

(e) Notarization of documents.