COR JESU COLLEGE FREE LEGAL AID CLINIC

INTRODUCTION

Section 1, Article III of the 1987 Philippine Constitution expressly provides

that “No person shall be deprived of life, liberty and property without due process
of law, nor shall any person be denied the equal protection of the laws.” Due
process, as defined in the case of Darmouth College v. Woodward, 4 Wheaton 518,
is a law which hears before it condemns which proceeds upon inquiry and renders
judgment only after trial. Consequently, due process applies in administrative, civil
or criminal proceedings and extended to all types of persons, without any
qualifications whatsoever.

Here in the Philippines, judicial proceedings are primarily vested upon then
Judicial Department of the Government under which, the Supreme Court exercises
judicial power. Lawyers are considered to be vital members of the Judiciary. One of
the central obligations of a lawyer is the appropriate and effective administration of
justice. Thus, it is important that the services of a lawyer are readily available to
the general public at the earliest possible time.

Legal services are needed not only by those who cannot afford it but as well
as to those who are financially capable but does not know who, when or how to
avail such services. There are a lot of modes of extending legal service to the
public, such as but not limited to: appearing in court, giving legal advice or
counselling to clients, preparations of pleadings and other necessary documents
incident to a proceeding and extending legal aid activities.

Giving premium to legal aid activities, the Supreme Court issued A.M. No.
17-03-09-SC or otherwise known as the “Community Legal Aid Service Rule. This
rule holds that the legal profession is imbued with public interest and as such,
lawyers are charged with the duty to give meaning to the guarantee of access of
adequate legal assistance under Section 11, Article III of the 1987 Constitution,
free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

The Cor Jesu College, with the collaboration of its own College of Law has
created and established a Legal Aid Clinic which would serve as a facility that will
offer its law students and its faculty members an educational and social program
that will help mold law students to become morally involved lawyers in the future
and shall become a platform for a significant legal training and experience.
OBJECTIVE

The principal objective of the Cor Jesu College Legal Aid Clinic is to provide
quality legal training to law students to become paralegal interns and to extend
various legal services, with the assistance and supervision of professors who are
duly members of the Bar. The Legal Aid Clinic endeavors to provide:

1. Free legal aid services to impoverished members of the society, mainly to

those who are not financially capable of availing the services of a lawyer;
2. A program that would expose law students with various legal situations and
educate the same to the appropriate actions and remedies required of the
given legal circumstance;
3. An activity that will strengthen the school’s primary aspiration of providing
socially aimed program to the less fortunate;
4. Training to promote honesty, integrity and courtesy in handling clients
belonging to different social sectors.

MISSION

The mission of Cor Jesu College of Law Legal Aid Clinic is to provide a
meaningful and instructive program to strengthen the constitutional mandate of
extending adequate legal assistance to any person, especially to those who have
less in life. Also, the Legal Aid clinic aims to advance social justice and uphold the
respect and integrity of the Courts.

VISION

The vision of the Legal Aid Clinic is to be recognized as a trustworthy,

effective and reliable social program that offers free legal services to qualified
clients and affords amicable remedies and realistic resolutions to a variety of legal
problems.

SERVICES OFFERED

1. Legal counseling and rendering assistance through drafting of related

legal documents;
2. Developmental legal assistance consisting of rights awareness, training in
basic human rights rendered in public interest cases;
 3. Legal services provided to marginalized sectors and identities, such as but
not limited to: a) urban poor, b) workers/laborers, c) children in conflict
with law, d) persons involved with gender issues.

AVAILING THE LEGAL SERVICES OF THE CLINIC

Based under Administrative Matter No. 17-03-09-SC otherwise known as the

Community Legal Aid Service Rule, the following may avail of the free legal services
of the clinic:

 Indigent Party or Pauper Litigants, as defined;

 Other persons of limited means, as defined;
 Individuals, groups, or organizations rendered unable to secure free
legal assistance by reason of conflict of interest on the part of
government-provided legal assistance through the Public Attorney's
Office; and
 Public interest cases that have societal impact and involve a group or
sector of society that otherwise would not be capable of securing legal
assistance by reason of inability of other lawyers, law firms, or
government offices, including the Public Attorney's Office.

DEFINITIONS

“Indigent Party" shall refer to a party in a case covered by Rule 3, Section

21 of the Rules of Court. The test for indigency shall not be based on a set financial
amount but rather on the capacity to afford the services of counsel after
considering his or her basic necessities for himself or herself and his or her family.

"Indigent Litigants" shall refer to a party in a case covered under Rule

141, Section 19 of the Rules of Court.

“Other Persons of Limited Means" shall refer to those who may not be
covered as “indigent parties” and “indigent litigants” but would, under the
circumstances, not be financially able to afford the services of counsel. This
includes marginalized groups and entities such as farmers, indigenous peoples,
children in conflict with the law, victims of gender violence, and other similar
causes.

Persons who wish to avail the legal services of the Clinic may personally
proceed to the Cor Jesu College Legal Aid Clinic located at the 1st floor of Coindre
Building near the Finance Office. The clinic shall be available between 1:00 pm to
5:00 pm, every Wednesday and Friday, and should bring:

- All documents relevant and helpful to the case such as, birth certificate,
marriage certificates, government issued identifications cards, etc.

Upon entering our office, you will be greeted and interviewed by the assigned
legal aid staff. Your case will undergo evaluation and assessment by the lawyer
present or any authorized officer of the clinic.

DOCTRINES/LIMITATIONS

Rule 138 – A: Law Student Practice Rule

Sec. 3. Privileged communication – the rule safeguarding privileged communication

between attorney and client shall apply to similar communications made to or
received by the law student, acting for the legal clinic

Sec. 4. Standards of conduct and supervision – the law student shall comply with
the standards of professional conduct governing members of the Bar. Failure of an
attorney to provide adequate supervision of student practice may be a ground for
disciplinary action. (SC Circular No. 19, prom. Dec. 19, 1985)