History

When formed in 2003, Humanitarian Legal Assistance Foundation, Inc. made a commitment to advocate for the promotion and protection of the rights of persons detained. Setting programs focused on improving and preservation of the quality of life for those persons temporarily incarcerated.

As observed by HLAF, in its evaluation, many inmates overstayed in jail because most of them did not know their rights and did not know the procedure of the criminal justice system. Many inmates could have been spared jail time when they know how to properly handle their cases. The implications can be significant. Unnecessarily detaining them for a long time pending trial contributes to unnecessary jail crowding. To this end, HLAF has established a technical assistance program to serve the inmates by forming Inmates Paralegal Coordinators composed of inmates that will engage in providing their co-inmates of knowledge on their rights and pertinent laws regarding their cases and management of their cases.

The project pioneered in Quezon City Jail last 2006. The selected inmates’ paralegal coordinators assist in the management of the cases of their co-inmates through delivery of various services, such as paralegal lectures, case monitoring and legal counseling. Through paralegal assistance, inmate paralegal coordinators follow-up on the cases to ensure the development of the cases at the soonest possible time as well as to educate inmates on their rights and be an assistance to the officers of the Quezon City Paralegal Officers. Currently twenty five (25) paralegal coordinators performed these various services.

An inmate trained as a paralegal has assisted inmates with their legal work, conducted trainings for inmates on the Criminal Procedure, Rights of the accused and other pertinent laws regarding their cases.  Every Wednesday PLC conducted trainings participated of newly committed inmates from police stations. Every day they are stationed in the Paralegal Office to conduct these activities.

For the year 2008 Paralegal Coordinators of Quezon City have facilitated the release of one hundred eighty five (185) persons in detention.

OBJECTIVES OF THE PROGRAM

To organize a pool of Paralegal Coordinator who would provide the following services to their fellow inmates:

1. to provide paralegal assistance to their fellow inmates
2. to follow-up the cases of their fellow inmates in court
3. to assist their fellow inmates in drafting a statement to be submitted to their Public Attorney
4. to inform and educate their fellow inmates about their respective cases, about criminal procedure and about the modes of releases
5. to help the BJMP Paralegal Officer do their job
6. to bring the concerns of their fellow inmates to BJMP Paralegal Officers
7. to provide other services that may facilitate in the release of their fellow inmates
8. to do other works as the Paralegal Officer may see fit in the implementation of the BJMP Jail Decongestion Program.

MECHANICS

Selection Process

The possible paralegal coordinator must be at least a high school graduate or even though not a high school graduate but can understand instruction and know how to read. He must be a person with charisma to help his co-inmates regardless of gang affiliation. To assure longevity in the program, he must be an inmate whose stay in the jail will take a longer period. A BJMP personnel can assist in these selection.

Number per Cell

As much as possible there should be at least two paralegal coordinators in every dorm or cell, one is the coordinator and the other one is the assistant.

Substitution

In case the paralegal will be released from jail for any reason whatsoever, the BJMP personnel will be in charge for the replacement of the vacant position. It is based on BJMP’s competence to select for replacement with a consideration to the abovementioned HLAF’s criterion.

Training

HLAF prepared a module for the training of the candidates for paralegal coordinators. The training is intended to equip the paralegal coordinators with laws necessary and essential in their work as paralegal coordinators. The laws included are Criminal Law, Special Penal Laws including the Dangerous Drugs Law and the Juvenile Justice and Welfare Act, Criminal Procedure and different Modes of Releases. They are also trained to prepare a simple affidavit or statement.

On-the-Job- Work (OJW)

Selection of Clients and Affidavit Making

Paralegals must be sensitive enough to cater his client within his dorm or cell. Although as much as possible, the Paralegal Coordinator should help everybody, primary consideration should be given to are those inmates who have no visitors, no family and friends to make a case follow-up for them. Due attention should also be given to Children, Women, the Elderly, the Sick and Indigenous People.

If he abled to determine his client, he will assist the client in making an affidavit. He will facilitate the client in recollecting the events and names which are necessary for his case.

Duties and Responsibilities of the Paralegal Coordinator

Phone Follow-up with Courts and other Offices

If allowed by the BJMP, the paralegal coordinators may follow up the cases of their clients before the court through phone.

The Paralegal Coordinator may:

1. take the schedule of the next hearing of the client

2. may inform the court that the client have not had a hearing for a long time.

3. convey relevant and necessary information to the Public Attorney’s Office.

4. do other matters relevant to client’s case.

Referral to BJMP Paralegal Officer

Cases that which cannot be followed up in court, may be referred to the BJMP Paralegal Officers so that the BJMP Paralegal Officer may personally follow up the case in court.

The Paralegal Coordinators may seek the help of the BJMP Paralegal Officers in cases where

1. the client needs to retrieve records from the court
2. the client needs an order from the court
3. the client requests to send a correspondence to his Public Attorney or to his Presiding Judge.

Referral to HLAF

Cases which need immediate Legal Assistance may be referred to HLAF for necessary follow-ups or Legal Actions.

Give Orientation to the Newly Committed Inmates

Since most of the newly committed inmates are not informed on their rights, on the law and on the criminal procedure, the Paralegal Coordinators can serve as trainers and lecturers to their fellow inmates.