I had the privilege of participating in the adoption and promotion of the 2006 free legal aid rules of the IBP PPLM Chapter, quoted in full below. The rules admittedly need further improvement and revisions to better serve the urban poor litigants of the southern part of Metro Manila.
LAS PINAS CITY BAR ASSOCIATION (LPBA), INC.
Unit 15, Star Arcade, C.V. Starr Avenue
Philamlife Village, Las Pinas City 1743, Philippines
Tel/Fax: (632) 8725443 & 8742539; Mobile: (0 63 920) 326 8824
Email: lcmlaw@gmail.com, lcmlaw@edsamail.com.ph
Website: http://groups.msn.com/laspinascitybarassociation
April 27, 2006
Personal Delivery
FOR :
- Rep. CYNTHIA VILLAR
Representative – Las Pinas City
BF Resort Village, Las Pinas City
- Hon. IMELDA AGUILAR
City Mayor
Las Pinas City
- Hon. LUIS BUSTAMANTE
City Vice Mayor
Las Pinas City
- Hon. JOSELITO DJ VIBANDOR
Executive Judge
Regional Trial Court
Las Pinas City
- Atty. ZARDI ABELLERA
City Legal Officer
Las Pinas City
- The Chief
Dept. of Social Welfare and Development
City Hall, Las Pinas City
- Atty. Querubin GQ Garcia
Chief, Public Attorneys Office (PAO)
Las Pinas City
- Hon. JAIME SANTIAGO
Office of the City Prosecutor
Las Pinas City
- The Jail Warden
City Jail
Las Pinas City
- The Chief of Police
PNP Las Pinas City Police Station
Las Pinas City
- OTHERS
RE : IBP PPLM CHAPTER’S GUIDELINES ON FREE LEGAL AID
MABUHAY:
Enclosed is a copy of the IBP PPLM Chapter’s GUIDELINES ON FREE LEGAL AID approved by its Board on April 25, 2006, for your info/file.
Feel free to circulate the same to your subordinates and staff, for their reference.
The IBP PPLM Chapter is in the process of reorganizing and revitalizing its committee on free legal aid. (From time to time, the guidelines will be revised and improved).
It has resolved to tap the support of and to network with the local Bar associations in each city within the PPLM District to insure the success of its free legal aid mission.
The Las Pinas City Bar Association (LPBA) has committed to help the IBP PPLM Chapter in this regard.
The newly formed Paranaque City Bar Association (PCBA) and the Muntinlupa City Bar Association (MCBA), following the role model and initiatives of the LPBA, will likewise do the same.
Please note, though, that there are specific limitations to the scope of work and resources of the IBP’s free legal aid, as stated in the guidelines.
The Public Attorneys Office (PAO) shall still be the lead and main public agency tasked by law to serve basic litigation needs of the urban poor of our City. (It has the full resources, assets and legal manpower to perform such mission/duty).
It is the hope and prayer of the IBP PPLM Chapter and the LPBA that someday, when the New Hall of Justice of Las Pinas City shall have been fully renovated, they shall be provided by the City Government with a free office space therein to house their free legal aid program, as in the case of Pasay City Hall, where the IBP PPLM Chapter Office is freely accommodated by its City Mayor Pewee Trinidad (a former IBP chapter president).
Thank you.
Cc: LPBA Board
IBP PPLM Chapter Office (fax)
IBP National Office (fax)
File
IBP PPLM CHAPTER’S GUIDELINES FOR LEGAL AID ASSISTANCE
(Approved: April 25, 2006)
During this period of uncertainty, where so many of our countrymen really suffer, the true meaning of justice is but a dream for them. Most often instead of justice, injustice is being served on them. As a result, their lives and their families eventually suffer terribly. It is along this line that the IBP-PPLM Chapter desires to contribute its little share and efforts to save certain lives and families no matter how few, from injustice, by providing competent and free legal assistance to deserving constituents.
Our chapter enjoys a unique geographical perspective because it comprises the four (4) largest cities south of Metro Manila. Accordingly, and in order to render more and effective legal services, it is strongly urged, as a matter of policy, that officers of the chapter residing and/or holding offices in any of these cities, render free legal assistance of whatever nature to the constituents of that particular city and if possible, secure the assistance of the respective lawyers association and rendering periodic report for the chapter.
I. QUALIFICATIONS OF THE APPLICANT:
SECTION 1. The applicant must be a bonafide resident of Pasay City, Parañaque City, Las Piñas City and City of Muntinlupa; transients and/or persons working in the cities of Pasay, Parañaque, Las Piñas and Muntinlupa who actually reside outside thereof are not considered bonafide residents for the purpose of these rules;
SECTION 2. The applicant must be indigent. Indigent for the purpose of these rules is defined as a person who (a) has no apparent means of subsistence or (b) who earns not more than five thousand pesos (P5,000.00) per month for single applicant or ten thousand (P10,000.00) per month (for head of the family, married with children as borne out an interview of the person involved by any member of the Board or legal aid lawyer duly approved by the President/Chairman of the Legal Aid Committee;
SECTION 3. In criminal cases, the applicant should not be a recidivist or habitual/repeat offender as defined under the Revised Penal Code. Referral of the applicant to the Public Attorneys Office may be made in this case
II. QUALIFICATIONS OF THE LEGAL MATTER:
SECTION 4. The action must be recognized by the courts/tribunals of the cities of Pasay, Parañaque, Las Piñas and Muntinlupa. Actions in other jurisdictions should be referred to the appropriate IBP Chapter or government office concerned.
SECTION 5. Labor cases cannot be accepted and should be referred to the DOLE, NLRC or NCMB for appropriate action.
SECTION 6. Annulment of Marriage, Declaration of Nullity of Marriage and legal separation cases cannot be accepted. However, actions for support and/or custody of children where the applicant for his/her child is the claimant may be accepted for assistance.
SECTION 7. Cases cognizable by the Barangay Lupong Tagapamayapa must undergo such conciliation process prior to acceptance of such cases. For this purpose, the applicant must present copy of the certificates to file action at the time of the interview or screening before the action is entertained.
SECTION 8. Generally, drug related offenses and cases involving illegal possession of firearms and explosives cannot be accepted. However, if there is a reasonable ground to believe that the accused was merely framed-up and/or is innocent of the charge, such case may be accepted for legal assistance;
SECTION 9. Cases in which the public prosecutor or public attorney has already entered his appearance for the applicant are generally not acceptable. However, exceptions to this rule include manifest bias, partiality or gross negligence or gross ignorance of the law on the part of the public attorney concerned. In such exceptional cases the chapter may consider handling the case.
III. COMPLETE QUALIFICATIONS REQUIRED
SECTION 10. Applicant must satisfy all the above-mentioned requirements in order to be entitled to receive free legal assistance from the chapter. Provided, that each applicant shall only be entitled to two (2) cases for handling either simultaneously or successively. However, in a situation of this nature, it must first be referred to the Board for approval.
IV. APPEARANCE
SECTION 11. Entry of Appearance
Entries of appearance for IBP-PPLM Legal Aid cases shall manifest in open court and specify in all pleadings and motions the name of “IBP-PPLM Legal Aid Program” and the name of the law firm and/or lawyer handling the case.
SECTION 12. Appearance fees and other expenses. Handling lawyers are entitled to five hundred pesos (P500.00) per actual appearance/participation of the hearing of the case officially accepted in accordance with this guidelines, subject to availability of funds allocated for the purpose, on a first claim-first paid basis. However, in the event of failure to claim appearance fees within the on-going quarter, allocation, such fee shall be deemed waived.
V. MONEY CLAIMS CASES AND CONTRIBUTIONS OF SUCCESFUL LITIGANTS.
SECTION 13. In the event of successful litigation whereby money claims are awarded, a contingent fee of 10% of the award be charged by the Legal Aid Office and distributed as follows – 3% to the handling counsel, 3% to voluntary bar association if applicable, and 4% to the IBP chapter. In case not bar association is involved, the 3% shall be divided equally between the handling counsel and the IBP chapter. Such arrangement shall be known to the litigant at the moment of acceptance.
(end)
Prepared and Submitted to the IBP PPLM Chapter Board by Former Fiscal Pat Larracas, the Director In Charge of the Committee on Free Legal Aid of the IBP PPLM Chapter.
