GUIDELINES IN THE UTILIZATION

OF LEGAL DEFENSE FUND

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LEGAL BASIS

Republic Act No. 10717

(FY 2016 General Appropriations Act)
Established and appropriated the amount of PhP 200,000.00 for the Legal
Defense Fund (LDF) under the Miscellaneous Personnel Benefits Fund
(MPBF)

Republic Act No. 10924

(FY 2017 General Appropriations Act)
Appropriated the amount of PhP 200,000.00 for the LDF under MPBF
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LEGAL BASIS

National Budget Circular No. 566

dated 15 December 2016
Prescribed the guidelines in the utilization of the LDF for FY 2016 and
Succeeding Years
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PURPOSE

Promote the welfare and extend

assistance to government personnel
who, in the performance of their official
functions, may face administrative, civil,
or criminal charges for which they incur
actual expenses in the defense of their
cases.
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LEGAL DEFENSE FUND CLAIMS BOARD

ESTABLISHMENT
A Central Office Claims Board (COCB) and
a Field Office Claims Board (FOCB) shall be
established in each FO.
Designation to a Claims Board shall be an
additional function to those designated.
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LEGAL DEFENSE FUND CLAIMS BOARD

COCB COMPOSITION
Chairperson Undersecretary for GASSG
Vice-Chairperson Director of Legal Service
Members Director of Human Resource Development Bureau
Director of Financial Management Service
Head Executive Assistant
President of the accredited employees association
Secretariat Human Resource Development Bureau
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LEGAL DEFENSE FUND CLAIMS BOARD

FOCB COMPOSITION
Chairperson Regional Director
Vice-Chairperson Assistant Regional Director for Administration
Members Chief of the General Administration and Support
Services Division (GASSD)
Head of the Human Resource Development Unit
President of the local chapter of the accredited
employees association
Secretariat GASSD
The Retainer lawyer shall provide technical assistance to the FOCB.
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LEGAL DEFENSE FUND CLAIMS BOARD

FUNCTIONS
Process claims for legal expenses of
employees
Determine the eligibility of claimants and
amounts to be charged against LDF
Issue internal guidelines which shall
govern the performance of COCB and all
FOCBs
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CRITERIA AND REQUIREMENTS

ELIGIBILITY CRITERIA
Claimant must be an employee of DSWD or
its attached agencies (incumbent or separated
from service).
The case arose from the regular performance
of official responsibilities and functions of the
claimant.
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CRITERIA AND REQUIREMENTS

ELIGIBILITY CRITERIA
The case is filed before any court or those
under the supervision of the Supreme Court.
The claim is being made against the
appropriation under GAA for the year which the
legal expenses were, or would be, actually
incurred.
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CRITERIA AND REQUIREMENTS

ELIGIBILITY CRITERIA
The claim is for a cash advance or for
reimbursement of eligible legal expenses in
relation to the claimants defense in the case.
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CRITERIA AND REQUIREMENTS

ELIGIBLE LEGAL EXPENSES

Only actual legal expenses related to the
case may be charged/claimed against the
LDF.
Legal expenses allowed are the following:
- Transportation expense for hearing,
appearance, meeting or conference with
claimants lawyer
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CRITERIA AND REQUIREMENTS

ELIGIBLE LEGAL EXPENSES

- Documentary expenses (photocopying,
certifications, transcripts)
- Private counsel fees for the preparation of
pleadings and/or motions
- Appearance Fee, etc.
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PROCEDURE

Filing Evaluation Recommendation Final Action

Claims shall be filed The appropriate The Claims Board The Secretary shall
at the COCB if the Claims Board shall shall submit its act on the
official evaluate the recommendation to recommendation of
responsibilities and eligibility of the the Secretary within a Claims Board
functions from which claim and expenses. five (5) working days within five (5)
the case arose was Priority shall be from receipt of a working days from
performed at the given to rank and file complete claim. receipt thereof.
- If the claimant and the
Central Office or any employees over the expenses claim are
DSWD attached agency's senior eligible, the Secretary shall
submit the appropriate
agency, and at the officials. request to DBM.
FOCB if at the Field - If not, the Secretary shall
send the Claimant a
Office. written notice of the denial
of the claim.
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RELEASE OF FUNDS

If the DBM approves the request, the

Department, upon receipt of the Special
Allotment Release Order and Advice of Notice
of Cash Allocation Issued, shall:
1. Issue the Advice to Debit Account for
crediting to the account of the claimant or
the government legal counsel, depending
on the type of claim granted
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RELEASE OF FUNDS

If the DBM approves the request, the

Department, upon receipt of the Special
Allotment Release Order and Advice of Notice
of Cash Allocation Issued, shall:
2. Observe the pertinent budgeting,
accounting or auditing rules and
regulations in the release of funds to the
claimants.
GUIDELINES IN THE UTILIZATION
OF LEGAL DEFENSE FUND
4th Executive Committee (EXECOM) Meeting CY 2017
March 21, 2017 (Tuesday), 8:00 am
DSWD Katapatan Room, 4th Floor, DSWD Central Office