Improved Public Access to Legal Services (PH0069)

Brief Description of the Commitment

The commitment strives to enhance the administration of justice by ensuring greater access to legal information and services for all Filipinos, particularly through promoting limited law practice, establishing a free legal aid public directory and referral system, and improving public access to legal services and information. This is consistent with the commitment under Chapter 13.2, Outcome 2 of the Philippine Development Plan 2023-2028.

Problem Definition

1. What problem does the commitment aim to address?  Access to justice remains a challenge faced by many Filipinos. In a survey conducted by the World Justice Project on access to justice in 2019, 35 percent (35%) of the respondents experienced a legal problem in the last two (2) years, of which only 20 percent (20%) were able to obtain information, advice, or representation. Of those who were able to access help, only 15 percent (15%) received it from a lawyer or a professional advice service and 9 percent (9%) from a government legal aid office. The data indicate the breadth of the public’s legal aid needs and the difficulty in accessing competent legal service providers.3  In the 2021 World Justice Project Rule of Law Index, the Philippines scored 0.52 (with 1.0 as having accessible justice and 0 as having no access). The country falls below the global average of 0.57, ranking 84th out of 139 countries in the world and 11th out of 15 countries in the West Asia and Pacific region.

2. What are the causes of the problem?  The public’s access to court services and correct legal information is hampered not only by a gap in information between the public and the courts, but also by limited access to free, if not affordable, legal assistance.

Commitment description

1. What has been done so far to solve the problem?  Pursuant to Revised Rule 138-A of the Rules of Court,2 law schools have established legal aid clinics, which offer free legal services closer to the community.  In 2019, the Revised Law Student Practice Rule was passed to enable law students to engage in limited practice of law. Under this Rule, the Clinical Legal Education Program (CLEP) was institutionalized in law schools, as a requirement for Bar Examination applicants beginning 2023.  In 2022, the First Clinical Legal Education Summit was conducted. The three-day Summit, with the theme: ‘CLEP AT THE FRONTLINE: Paving the Way Forward for Greater Access to Justice through Clinical Legal Education,’ discussed the legal aid needs of the communities and services rendered by law clinics in the country, the then “potential impact of the Revised Law Student Practice Rule in addressing access to justice issues, as well as theories and principles in clinical legal education such as experiential learning, clinical pedagogy, professional ethics, and skills- building for law student practitioners.”3  The Summit was organized by the Legal Education Board (LEB), in partnership with the Court’s Oversight Committee in the Implementation of the Revised Rule 138-A (Revised Law Student Practice Rule), the Philippine Association of Law Schools (PALS), and the Association of Law Students of the Philippines, with the support of development partners.  In the same year, the 2022 National Summit on Access to Justice was held last November 28-30 in Bacolod City with the theme “Reimagining the Art of Legal Empowerment.” Underscoring the dignity of every human person and the guarantee of full protection for human rights (Article II, sec. 11, 1987 Constitution) and that “adequate legal assistance shall not be denied to any person by reason of poverty” (Article III, sec. 11, 1987 Constitution), the goal of the Summit was empowerment through legal assistance.  There was an analysis of the stakeholders’ level of access to legal assistance. Delegates employed different approaches and strategies to address various issues, with the objective of inspiring and cultivating a culture of legal assistance. There were plenary discussions, dialogues, keynote addresses, and breakout sessions.  It was organized by the Supreme Court, through the Committee on Access to Justice, in partnership with the IBP, PALS, the Free Legal Assistance Group, and Alternative Law Groups, and development partners ABA ROLI, EU GoJust II Programme, The Asia Foundation Programme, and UP Law Center.  The SC has widened its base for information dissemination through social media, as the principal medium relied on by the public. Information, education, and communication activities have been mainstreamed through blogs, podcasts, and traditional media on latest decisions affecting the citizenry as activities targeted towards improving services and basic legal information in what are deemed as priority/urgent cases like habeas corpus, writ of amparo, writ of kalikasan, etc.  In 2023, the SC published on its website the database of legal aid providers from the Public Attorney’s Office, Legal Aid Clinics and Non-Government Partners. The database includes relevant information such as the office name, officer-in-charge, contact numbers, email address, office address, and a map link where the office is located. For easier access to legal aid clinics, which are spread throughout the country, the website employs an easy-to-use built-in search engine that filters entries based on the region.

2. What solution are you proposing?  Strengthen the legal aid initiatives by working with the Department of Justice, PAO, IBP, other legal aid clinics, public interest law organizations in mapping out the available legal aid services per locality;4 review the various public interest legal services, development legal aid, and other legal assistance programs of all law groups including the IBP.5  Enhance the Supreme Court Legal Aid Directory by adding details regarding the kinds of cases handled by these legal aid providers and limitations on their jurisdiction. The additional details will allow anyone in need of free legal aid services to easily locate providers in their specific locations 24/7.  Set up a Referral System such that should the contracted provider be unable to render assistance, he/she/it shall automatically refer the matter to the next available provider in the locality. The Legal Aid Directory, posted on the Supreme Court website, shall also be made available in the platforms of other groups (IBP, LEB, and PALS), pursuant to the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

3. What results do we want to achieve by implementing this commitment?  To expand access to free legal aid services for the marginalized and underserved.  To simplify and speed up the process of securing the services of a legal aid provider.

Commitment Analysis

1. How will the commitment promote transparency? The wider the base of legal services, the greater the understanding of the legal processes, which will allow for better appreciation of the system by those who avail of its services. The commitment will capitalize on free and no-expense access through electronic or digital means, including social media which will widen the reach of court services and bridge the gap in information between the public, and not merely litigants, and the courts.

2. How will the commitment help foster accountability? The due process right to a day in court is the bedrock of effective legal representation. For most underprivileged litigants, this makes a fair trial illusory due to the expense entailed. Improved access to legal services and quality legal information serve as an equalizer and an empowering tool that demands accountability amongst court officers and key actors in the legal process.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions?  Publishing a database on legal aid providers will, on the one hand, enable the litigants to find affordable legal guidance and representation, and on the other hand, legal aid providers will be empowered to be more engaged. The mapping of these providers will also require the participation of local actors, and technical assistance from development partners.  The AI-enabled platform for legal services would need citizen participation in helping it to learn the legal matters that are needed by the end users.  Improved access to legal services enables the public to initiate legal challenges against the government, such as filing lawsuits, petitions, or complaints. This serves as a check on the government's actions and policies, and empowers more citizens to seek redress for violations of their rights or unconstitutional practices. The availability of legal representation for individuals who cannot afford it ensures a fairer legal system and fosters accountability.

See action plan for commitment milestones and expected outputs.

Action Plan Review

Commitment 6. Driving responsive and innovative participation in local governance

Led by the DILG through its local governance program project management office, Commitment 6 builds on the previous action plan [67] to adopt participatory governance metrics [68] as a framework for assessing the quality of civil society participation in local governance, as well as to expand implementation of third-party monitoring, broadening the space for civil society oversight. [69] Continued capacity development is meant to facilitate civil society membership in local development councils and strengthen competencies for engagement in decision-making. The commitment is supported by guidelines on participatory governance metrics and consistent budget allocation. However, some milestones do not include numeric targets, while others do not clearly showcase added value beyond existing practices. There is a need for more ambitious steps to address obstacles to civil society participation. After Civicus downgraded the Philippines’ civic space to “repressed” in 2020, [70] independent reports have also indicated that the Anti-Terrorism Act is being used to crack down on local indigenous rights groups. [71] Participatory governance mechanisms remain limited and uneven—marked by an ongoing concern for co-optation of these spaces by family members or allies of local officials. [72] During implementation, it would be important for the commitment holders to first establish baseline information related to the milestones as evidence to showcase improvement from the status quo.