Regional Consultation on Access to Justice

and Legal Aid in ASEAN: Situation,

Challenges, and Way Forward

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By DR. PERSIDA V. RUEDA-ACOSTA Chief Public Attorney, Public Attorney’s Office

Doctor of Social Development, College of Social Work and Community Development,University of the Philippines-Diliman, Quezon City

Senior Executive Fellow, Harvard Kennedy School Climate Reality Leader, The Climate Reality

Project/The Climate Reality Leadership Corps Senior Fellow, Asian Public Intellectuals Fellowships

Fellow, Salzburg Global Seminar Fellow, Japan Legal Aid Association

International Visitor (IV), International Visitors Program of the United States of America

Member, International Legal Aid Group Member, International Association of Bloodstain Pattern Analysts

Member, International Corrections and Prisons Association 4th Placer, 1989 Philippine Bar Examinations

Professor, Ateno de Manila University Law School 2

International Sharing Experience Workshop on Legal Aid

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1. What is the nature of services provided under legal aid?

Judicial services Legal representation in court or quasi-judicial bodies Renders free legal representation to indigent persons

and other qualified clients in criminal, civil, labor, administrative and other quasi-judicial cases. whether ordinary or special - within the

jurisdiction of the regular courts recognizable by special courts or quasi-judicial

bodies from institution up to finality of judgment,

including the appeals - subject to existing PAO law, rules and regulations 5

Non-judicial services Refer to the instant services and outreach activities of the

Office. Instant services legal counselling and documentation (i.e. preparation

of affidavits, notices, etc.) administering oaths mediation and conciliation of disputes

Outreach activities police custodial investigation and inquest

proceedings jail visitations barangay (basic political unit in the Philippines)

outreach programs Subject to existing PAO law, rules and regulations 6

2. Is the provision of legal aid inclusive of access to legal aid in criminal and civil justice system?

Republic Act No. 9406 The Public Attorney’s Office

shall be the principal law office of the Philippine Government in extending free legal assistance to indigent persons and other qualified clients in criminal, civil, labor, administrative and other quasi-judicial cases. 7

3. What are the mechanisms to facilitate easy access by the poor and marginalized?

A. Extension for two (2) hours of our frontline service Of the Executive Support Service (ESS) - front line service

provider at the PAO-Central Office Starts from seven o’clock in the morning and ends at six

o’clock in the evening Lawyers and staff at the ESS - required to render an

additional working hour per day One half of them - required to

start working an hour earlier than the usual office hours in the morning

The other half - required to extend work in the afternoon

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B. “No Noon Break” Policy Mandated by Section 8 (e) of the Philippine Anti-Red Tape Act (ARTA) of 2007 or Republic Act (R.A.) No. 9485 To ensure that all the clients who are within

the office premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours. Aims to reduce red tape and expedite transactions in government.

All of the employees of the Public Attorney’s Office in its six (6) services or divisions at the Central Office and its more than three hundred offices nationwide adhere to this provision. During lunch time: At least one lawyer and one support staff are

available to attend to the legal needs of our clients. Executive Support Staff, Office of the Chief Public Attorney, adopted

the “No Noon Break Policy” in 2001

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Public Attorney’s Office Compliant with the Anti-Red Tape

Act of 2007 Recipient of the 2014 Anti-Red Tape

Act (ARTA) Breakthrough Agency Award, from the Civil Service Commission

2nd Placer in the Report Card Survey that was conducted by the Civil Service Commission in its assessment among the offices in the Philippines, regarding their compliance with the said anti-red tape law.

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C. 24/7 Free Legal Counselling

24/7 Legal Counselling: (632) 426-2075; 426-2801; 426-2450; 426-2987; 426-2683; or 929-9436 local 106 or 107 - during office hours, and local 159 - after office hours (including weekends and holidays)

Legal Queries: pao_executive@yahoo.com/ PAO-Central Office, DOJ Agencies Bldg., NIA Rd. corner East Ave., Diliman, Quezon City.

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D. Pro bono legal columns

Chief Acosta’s free legal advice in four newspaper columns

1. Dear PAO, published daily by The Manila Times;

2. Magtanong kay Attorney, published daily by Bulgar;

3. Say Mo Attorney?, published by People’s Tonight three times a week, Monday, Wednesday and Friday; and

4. Atorni First in Pinoy Parazzi published every Monday and Friday

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E. The Chief Public Attorney has also a published book on legal aid entitled Legal Eagle’s Counsel: Solutions to Everyday Legal Problems.

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F. Public Atorni A reality-mediation show, hosted by

the Chief Public Attorney had given legal advice to warring parties and promoted out-of-court settlement of their disputes.

It started in 2010 and lasted for more than two (2) years on air.

The said show provided an avenue for alternative dispute resolution (ADR).

Public Atorni was produced at no cost to PAO.

Producer: Associated Broadcasting Company (ABC/TV5), one of the biggest television networks in the Philippines.)

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Mediation of Cases Supreme Court Public Attorney’s Office

Conducts court-annexed mediation, through the Philippine Mediation Center.

Offers mediation as non-judicial service.

Carries out mediation on cases not yet filed in court.

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PAO Mediation Services

In 2015 PAO handled a

total of 457,138 disputes and resolved a total of 445,758 thereof.

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G. PAO-Central Office Legal, Medical, Dental, Optical Mission and Jail Decongestion Program

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The Office of the President noted that a total of 40, 969 inmates were freed from overcrowded jails and prisons nationwide through the PAO’s jail visitation and decongestion program from July 2010 to April 2012.

(Office of the President Technical Report,

2012 SONA of President Benigno S. Aquino III) 18

PAO Jail Visitation Team Received the Excellence Award in Criminal Justice from the Filipino Academy

of Movie Arts and Sciences (FAMAS) on July 13, 2014. Recognized for its contributions in alleviating the plight of inmates that we

visited in various jails, detention centers, and correctional facilities in our country. 19

H. Crafting and publication of the Codes and References for the PAO through the support of the United States Agency for International Development (USAID) – Philippine Mission and the American Bar Association Rule of Law Initiative (ABAROLI).

The manual – Compiles the rules of conduct expected

from, and the procedures to be observed by public attorneys and office personnel in handling cases and other client concerns.

Details procedures in handling special types of clients and cases which include women victims of violence, children in conflict with the law, credit card delinquency problem.

Serves as the Bible of public attorneys by which they must abide.

PAO forms are also collated in this Code. 20

I. PAO Victim’s Assistance Unit The Public Attorney’s Office Can also render pro bono legal services to the victim In consonance with the first come-first served

basis policy being observed by the Office In cases wherein the victim is the first one to

approach the Office, she/he can be assisted up to the preliminary investigation of the case, and the PAO can no longer entertain the suspect or accused.

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The PAO’s Victims Assistance Unit Created on July 12, 2012 Addresses the needs of: victims of violence against

women and their children victims of torture mass disasters natural calamities massacres extrajudicial killings and children in conflict with the

law and other similar cases

* Adopts first come-first served basis policy

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With its first come-first served basis policy, the PAO was able to render legal assistance to: Bonita Baran - former domestic helper

who was maltreated by her former employers until she lost her right eyesight. Her case helped in the approval of

Republic Act No. 10361 or the Domestic Workers Act

Approved by H. E. President Benigno S. Aquino III on January 18, 2013

Her case emphasizes the distinct and mandated prosecutorial role of the PAO.

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J. PAO Forensic Laboratory Provides medico-legal and forensic assistance to

clients who seek the help of the PAO Victims’ Assistance Unit

Was launched on January 27, 2010

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The PAO Forensic Laboratory Has expertise in and equipment for :

Forensic Medicine

Bloodstain Pattern Analysis

Crime Scene Reconstruction

Forensic Osteology

Forensic Odontology

Forensic Archaeology/Exhumation

Forensic & Evidence Photography

Forensic Documents Examinations

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Atty. Erwin P. Erfe, M.D. Director of the PAO Forensic Laboratory Registered Physician and Attorney-at-Law, Philippines Certified Forensic Physician, USA Fellow, American College of Forensic Examiners Institute (ACFEI) Diplomate, American Board of Forensic Medicine (ABFM) Diplomate, American Board of Forensic Examiners (ABFE)

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The PAO Forensic Team In 2015 Was able to render one hundred forty-four

(144) forensic services

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The PAO Forensic Team On November 26, 2015 Was able to retrieve four (4) sets of skeletal remains from

the Kankabato Bay, Tacloban City PAO free retrieval operations - requested by the Tacloban

Fisherfolks Urban Association for the victims of Typhoon Yolanda (Haiyan) who perished at the Kankabato Bay in Tacloban City

Tacloban City is in the Visayas, one of the three principal geographical divisions in the Philippines (the other two are Luzon and Mindanao). 28

K. Capacity-Building

• August 18 to 23, 2003 2nd National Convention of PAO Lawyers

• November 6 to 10, 2006 Grand Workshop of the Lawyers and Staff of the Public Attorney's Office

• September 28 to October 2, 2009 3rd MCLE Accredited National Convention of Public Attorneys

• December 12 to 16, 2011 4th MCLE Accredited National Convention of Public Attorneys

• October 12 to 17, 2014 5th MCLE Accredited National Convention of Public Attorneys

Mandatory Continuing Legal Education (MCLE) Conventions

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PAO International Partner Institutions/Training Sponsors

United Nations Children’s Fund (UNICEF) United Nations Development Programme (UNDP) United Nations Office on Drugs and Crime (UNODC) Office of the United Nations High Commissioner for Refugees (UNHCR) United States Agency for International Development (USAID) American Bar Association - Rule of Law Initiative (ABA-ROLI) 30

R.A. 9406 provides for the independence and autonomy of PAO

• The PAO is an independent and autonomous office, attached to the Department of Justice for purposes of policy and program coordination.

• The PAO is the principal law office of the Philippine Government in extending free legal assistance to indigent persons and other qualified clients in criminal, civil, labor, administrative and other quasi-judicial cases.

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CHIEF PUBLIC ATTORNEY

Deputy Chief Public Attorney (Administration)

Administrative Financial

Planning and Management

Executive Support Staff

Deputy Chief Public Attorney (Operations)

Special and Appealed Cases Legal Research Field Operations

and Statistics

PAO is composed of The Central Office with six (6) line services: 1. Administrative Service 2. Financial Planning and Management Service 3. Executive Support Staff 4. Special and Appealed Cases Service 5. Legal Research Service 6. Field Operations and Statistics Service

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CHIEF PUBLIC ATTORNEY

17 Regional Offices

296 District Offices

5 Sub-District Offices

2 Regional Special and Appealed

Cases Units

Annex Satellite Office

17 regional offices ; 296 district offices; five sub-district offices

Two regional special and appealed cases units One annex and one satellite offices 305 - total number of offices outside of the Central Office,

located at strategic places in the Philippines

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• As of December 2015, the Public Attorney’s Office has one thousand five hundred twenty-three (1,523) public attorneys and one thousand twenty-three (1,023) non-lawyer employees who carry out its mandate.

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IN 2015 ALONE: PAO had 158,348 acquittals and favorable decisions for criminal cases. Its Special and Appealed Cases Service had a total of 584 winning appealed cases in the Court of Appeals and the Supreme Court, and 215 of which are criminal cases.

PAO: SOARING, SERVING SINCE 2007: PAO has been consistently serving more

or less five million (5,000,000) clients and handling more or less five hundred thousand (500,000) cases per year.

LAST YEAR (2015): Served 7,747,735 clients, handled 848,516 cases

This number of cases exceeds the target of the Public Attorney’s Office of catering to only 791,405 cases last year.

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YEAR Acquittals Other Favorable

Dispositions

Total Number of

Acquittals and Other

Favorable Dispositions

2007 13,265 73,328 86,593

2008 9,859 72,107 81,966

2009 10,906 107,713 118,619

2010 12,562 135,905 148,467

2011 18,064 155,508 173,572

2012 10,687 100,372 111,059

2013 11,659 140,793 152,452

2014 12,199 137,615 149,814

13,221 145,127 158,348

Acquittals and Other Favorable Dispositions

Criminal Cases 2007 to 2015

2015

TOTAL (2007-2015) 112,422 1,068,468 1,180,890

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4. Are local governments/administrative institutions involved in the delivery of legal aid?

“SEC. 6. New sections are hereby inserted in Chapter 5, Title III, Book IV of Executive Order No. 292 to read as follows: Xxx Xxx Xxx “SEC. 16-E. Local Government Support. – Local government units, subject to their capabilities, are authorized to extend financial and other support in the form of honoraria, free office space, equipment, furniture, stationery, and manpower to the PAO.” (Emphasis supplied)

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5. What are the institutional mechanisms for monitoring the effectiveness of existing legal aid services?

a) Semestral report as a score card Serves as a score card with respect to the performance of a public

attorney. Contains the evaluation of the immediate supervisor/head of the

concerned district office or service and other higher ranking officials of the Office regarding the performance of a particular public attorney.

Grades the efficiency of a public attorney as well as his behavioural conduct.

b) Client’s survey form Every PAO client is given a survey form indicating his/her level of

satisfaction or dissatisfaction to the service provided by the public attorney and other office personnel.

Lines for comments and recommendations are likewise provided in the survey form.

Survey forms are dropped in a sealed box and reviewed by the head of the district office or service. 38

c) System of review of documents for submission in courts

Before filing in court, a complaint, petition, motion, memorandum, position paper, brief, and other court document and pleading prepared by a public attorney - these documents are reviewed by a senior public attorney.

Senior Public Attorney/Reviewer - usually designated as a section head, and the head of the district office or service.

This system ensures that the papers or pleadings prepared by the Office for its clients are checked before they are filed in court.

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Shared information, experiences, and goodwill flow like ripples to our

national shores.

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