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March 2015

THE ASEAN PRO


BONO NETWORK
FOR MIGRANT
WORKERS
(A Concept Paper)
By Atty. Purificacion Pingki B. Bernabe

The problem of providing adequate legal sultations brought to us legal problems THE PROPOSED SOLUTION
representation to migrant workers who which are covered by the laws of the host
encounter legal problems in their host countries which we did not know and Drawing on the lessons learned during
country is pressing and widespread. could only be adequately addressed in our international pro bono missions, the
local courts or tribunals where we could Asia Pro Bono Conference which we at-
HOW WE CAME UPON THE PROBLEM not appear. This is aggravated by the fact tended and the friendships formed and
that the OFWs cannot afford to engage goodwill generated by these experiences,
We, members of the Integrated Bar of local lawyers because of financial con- the concept of a network of Pro Bono
the Philippines, Bulacan Chapter (IBP Bu- straints. Hence, their problems of such Lawyers all over the ASEAN Region (and
lacan), a provincial or local branch of the nature remained unaddressed. even beyond) came about.
national bar association of the Philippines
known as the Integrated Bar of the Phil- During our trip to Singapore for another In the simplest terms, the network will
ippines , encountered this problem first- international pro bono mission, we also function by this illustration: a distressed
hand during the conduct of our interna- attended the Third Asian Pro Bono Con- Filipino worker in Ho Cho Minh City who
tional pro bono missions in Vietnam, Ma- ference. This was organized by the BAB- has a problem with the enforcement of his
laysia and Singapore. SEA - CLE or the Bridges Across Borders employment contract in the host coun-
Southeast Asia Community Legal Edu- try will be aided by a Vietnamese lawyer
How were these international pro bono cation Initiative which is, among other who is part of the Pro Bono Network. By
missions conducted? First, we coordinat- things, an international access to justice reciprocity, a Vietnamese migrant worker
ed with our Embassies in the aforemen- organization. who is deployed in Manila and who en-
tioned countries for them to contact our counters some discrimination in his work
Overseas Filipino Workers (OFWs) so we In the said conference, the problem of place will be assisted by a Filipino lawyer
can visit and meet them on a particular migrant workers and providing long-term who is part of the Pro Bono Network in
date. Then, during these pre-scheduled strategic solutions thereto were focal filing the appropriate case.
visits, we gave one-on-one consultations points. Attending the lectures and the
on problems that the OFWs have in the small group discussions highlighted for This arrangement will be replicated in
Philippines and delivered lectures on laws us that the problem of Overseas Filipino other countries which are part of the net-
which address these problems. Workers (OFWs) which we learned dur- work.
ing our international pro bono missions
That was the limited scope of service be- is mirrored in the experience of migrant At present, there are several Filipino law-
cause of two reasons: a) we did not know workers from countries all over the South- yers, law professors, a local bar associa-
the laws in the host countries b) even if East Asian Region and even beyond that. tion and lawyers from Malaysia and Viet-
we studied the laws of the host countries, nam who have signified their intention
the restrictive policies of their respective This brings us to the very same problem to be part of this Pro Bono Network. We
governments limit the practice of law we mentioned in the beginning: how to have written bar associations in Vietnam
only to citizens. provide adequate legal representation and a law school in that country and they
to migrant workers who encounter legal are very much willing to explore the pos-
Inevitably however, some of the OFWs problems in their host countries. sibilities of setting up the network and
we served during our one-on-one con- being a part thereof. We are also actively

10 IBP: Sentinel of the Rule of Law


The Bar Tribune

recruiting other individual lawyers and tory to other countries in Asia, the Middle replaced by more onerous ones, once
organizations of lawyers. East or even Europe where our migrant they reached the host country. Worse
workers face the problem of underem- than that, migrant workers who are in-
Once we have gathered a substantial ployment. volved in criminal litigation languish in
number of volunteers in target countries jail for the longest time because of lack of
-- Vietnam, Malaysia, Singapore, Indone- At first, the problem of funding will not legal representation in courts. These are
sia, Philippines, Thailand -- we can launch pose a problem because our services are just two of the widespread and pressing
the network on the web, while continuing essentially free, the lawyers are deployed problems which the network will be able
to add to our list of volunteers. We can in their own country, and are not strang- to address immediately.
use social media to recruit volunteers and ers to pro bono work, i.e. working free of
to make known the availability of our ser- charge. Our first resources will be the in- CONCLUSION
vices to the broadest audience possible. ternet and volunteerism. As the network
Aside from the use of social media, we expands, which we expect it to do rapidly The need for the immediate setting up of
will notify our Embassies and known mi- in order to be truly responsive, we will this Pro Bono Network cannot be over-
grant workers organizations all over the need logistics support for our administra- emphasized. Recruitment of volunteers,
ASEAN Region to give them access to our tion and monitoring stations. setting up an administrative and monitor-
services. At the same time, an efficient ing group and seeking funds for the pur-
administration of our web links and an How does one qualify to be a client of pose should be done at the soonest pos-
over-all coordinating body must oversee the network? We can use the general sible time.
the following: a) where the legal service guidelines of Means and Merit Test. Only
is needed; b) the availability of a lawyer migrant workers within a certain income Anyone interested in this initiative will
or lawyers group to meet the demand; c) range and with a meritorious case (as de- please contact the author at pingkibart@
the deployment of such a lawyer to meet termined in a pre-screening process) may yahoo.com, or at 063 0917 507 5769 or
the demand; and d) monitoring each case avail of the network services. The income 044 662 4768.
after it has been assigned to a particular range may vary per country.
lawyer to ensure the effective delivery of Atty. Purificacion Pingki B. Bernabe is
services. The benefits of this project will be im- the incumbent president of IBP Bulacan
mense. There are countless experiences Chapter.
Later on, we can expand our service terri- of migrant workers whose contracts were

The People of IBP:


Erlinda Ganac Sanchez
ERLINDA GANAC SANCHEZ supported herself with the first batch of graduates when the
through college working at the Integrated Bar of PCC became the Polytechnic University of the
the Philippines. She stayed on after her graduation Philippines. I continued working for IBP even
in 1977, devoting a total of 41 years of service to after graduation.
the national organization of lawyers. Sanchez re-
tired as senior accounting assistant at the Finance 3. How was work like in your first few years in
Department in June 2013. IBP?

The Bar Tribune takes a peek into Sanchezs career, I had a difficult time adjusting to work in my
family and the days ahead. first few years in IBP. We prepared the first
index cards of lawyers, recording member-
1. When did you start working in IBP? What ship payments as well as remittances from
was your first work assignment? the chapters. Ako rin po ang naghahanda ng
honorarium ng mga clerk at lawyers all over
I started working in IBP in l972, when it was the Philippines pero dapat tingnan muna
still called the Commission on Bar Integration. kung complete ang mga required papers bago
I first worked as a clerk typist in the Account- gawan ng vouchers. Quarterly po ang hono-
ing Department. My immediate supervisor rarium at sweldo ng clerks at lawyers.
Cagayan de Oro City for the Committee on Le-
then was our accountant Eladia Cayetano. We
gal Aid. Memorable moments din ang bowl-
reported to the treasurer, Atty. Charito Pla- As a working student, I would commute from
ing tournament namin at yearly excursion.
nas. the IBP office in Quezon Boulevard to the PCC
Excited ako pag ganoon. Ang saya-saya!
campus in Lepanto, Manila. The work, how-
2. Tell us about your working student days in ever, got easier as the years passed and after I
5. Who are your favorite IBP officers?
IBP. graduated from college.
My favorite IBP officers are Chief Justice Ro-
After high school, I had to find work to pay 4. What are your memorable moments in IBP?
berto Concepcion, Justice JBL Reyes, Atty. Es-
for my college tuition. I worked for a time at
ter Sison Cruz, Atty. Teofilo Pilando and Atty.
Rustans Department Store in San Marcelino, Yung Christmas Party namin tuwing Decem-
Jaime Vibar. They are my favorites because
Manila. After raising enough funds, I enrolled ber ay sobrang saya. May sayawan, gifts at
they are kind to employees like me at alam
in the evening classes at Philippine College of raffle. May napanalunan akong T, refrigera-
nila ang pangangailangan ng employees ng
Commerce. I took up Bachelor of Science in tor at Sony DD. Ha ha ha.
IBP.
Commerce, majoring in Secretarial Studies.
That was when I started working in IBP. I was Minsan nakasama ako sa out of town sa - continued on page 17

No Master but Law; No Guide but Conscience; No Aim but Justice 11

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