CONCEPT NOTE

SSCR Legal Assistance Program (SSCR-LAP)

(The Legal Assistance Program of the San Sebastian College Recoletos
College of Law- SURIGAO CITY EXTENSION)

1. OVERVIEW

Right to legal service is one of the basic right recognized and enshrined in the
constitution. Availability of effective and efficient legal service is vital to a countrys
nationhood. In this context, the legal aid program had been created in recognition of
its potential to complement the rendering of legal service. The rule of (site specific
law) (emphasize that it is for the marginalized)

In Surigao del Norte, the IBP had been the sole non government instition providing
legal aid.

(presence of law school)

(potential of law school to contribute to legal service to the marginalized through

legal aid)

The Integrated Bar of the Philippines-Surigao del Norte Chapter in 1997

through the leadership of its IBP President, then Governor Jose C. Sering, felt
the need to address the legal needs of the community. Cognizant of such need,
it sought the authorities of the San Sebastian College Recoletos, led by its
President Rev. Fr. Cachero , for the latter to open an extension for its college of
law at the City of Surigao.

Fully optimistic of opening such extension law school, the first batch of
students were enrolled in 1997 and graduated in 2001. Thereafter, an average
of three (3) lawyers were formed and produced every year. After a short hiatus
in 2010, the SSCR Surigao Extension opened again and is continuing to be a
progressive local law school with its eight (8) new lawyers in the 2016 Bar
Examinations.

The local IBP Chapter on the other hand, had been constantly reaping awards
from the National IBP on its Legal Aid Program. In 1997, it won the Outstanding
Legal Aid Program in the IBP National Convention, and made took the same
award again in 1999. Lately, in 2015, it took again the Outstanding Legal Aid
Program which affirmed its resolution of the cases handled, and
implementation of developmental programs. Indeed, the IBP Legal Aid Program
of the IBP Surigao del Norte Chapter is proof of the member-lawyers awareness
and response to the communitys needs for legal services, especially to the less
privileged and oppressed who could not afford the usual legal services and
fees.

Further encouraged, the IBP would like to share its experience with the SSCR
Law School whom it administers. Anent thereto, it intends to institutionalize its
legal assistance program by having its law students participate in the whole
process of legal services, and letting them experience the situation affecting
the communitys poor, deprived, and oppressed sectors, and let them respond
pro-actively to the situation in a way a law student can in extending the
necessary legal assistance.

On the other hand, finding the partnership of the GIZ through the COSERAM
program is an opportunity for the law school to achieve its intention and goal
of addressing the legal needs of the local community. The COSERAM finds in its
study named as Strategic Paper on Legal Aid and Conflict Transformation
Mechanism finds as an option thereon (Option 4) as a Strategy to respond
through, Enhancement of the Free Legal Assistance Services and ADR processes of
the Integrated Bar of the Philippines (IBP) Chapters of the four (4) provinces of Caraga
with initial focus in the Province of Surigao del Norte and Butuan City for the IPs and
other marginal sectors (women, upland farmers) in close coordination with the NCIP
and the Judiciary.

As such, the partnership between SSCR Legal Assistance Program (SSCR-LAP)

and GIZ-COSERAM providing the necessary technical support for the former to
establish its legal clinic in light with addressing the needs of the community
and in consonance with its values, is simply timely.

On the other hand, this partnership can similarly provide an avenue for the law
school to deal with the challenges posed by the Legal Education Board to make
legal education relevant and applicable to the needs of the community.

The SSCR Legal Assistance Program (SSCR-LAP) in this context shall serve as
training for the students to learn and experience law in its context, through the
following subjects,viz;

Legal Research (First Year)

Agrarian Law (Second Year)
 Human Rights Law (Second Year)
Natural Resources and Environmental Law (Second Year)
Land titles and Deeds (Second Year)
Legal Forms (Third Year)
Legal Counseling (Fourth Year)
Practice Court I (Fourth Year)
Practice Court II (Fourth Year)

2. PROGRAM COMPONENTS
To establish the SSCR Legal Assistance Program (SSCR-LAP), the SSCR and its
partner institutions will focus on setting-up and organizing the legal assistance
office as an initial step. Initially, the office will temporarily be set up at the
current SSCR library at the IBP building.

The students and the professors as well need to undergo Capacity Building
especially on the concept of peace building and processes of alternative
dispute resolution mechanisms.

An internship shall be participated by the students and in the initial process,

the first interns shall prepare the Manual of Operations of the (SSCR-LAP). Said
Manual shall first be crafted in order to serve as guide for the necessary
processes and procedures in conducting the program.

The SSCR-LAP comprises three stages which will complement with the capacity
of the interns depending on their year level in law school. As each student
proceeds to the next year level, his or her involvement in the LAP will also
progress to the next stage.

The first stage will focus on developing the students capacity to

provide paralegal and technical support. This stage will involve the
1st and 2nd year law students.
The second stage will aim at developing the students skill in legal
research and investigation. The students will be immersed in the
partner communities and sectors to deepen their knowledge of
the situations and conflicts. This stage will involve the 3rd year law
students.
The third stage is the practicum that will train the students in
actual legal practice by allowing them to appear before courts or
 government agencies. This stage will involve the 4th year law
students.

The interns will have to undergo orientations on the following subjects

before they formally start their internship to prepare them for the task:
Indigenous Peoples Rights Act (IPRA) of 1997
Gender Sensitivity
Conflict Sensitivity and Conflict Transformation
Alternative / Developmental Lawyering
Review on Legal Ethics

3. ESTABLISHMENT OF THE LEGAL ASSISTANCE PROGRAM/ ROLES

OF THE PARTNERS

In accomplishing its goal of establishing a Legal Aid Program in consonance

with the GIZ principles, the following resources are considered necessary, viz;

HUMAN RESOURCES
- Supervising Lawyer
- Staff (for secretarial, coordination, events organizing works)
- Paralegals/Law Students

LIBRARY
OFFICE EQUIPMENT
FINANCIAL RESOURCES FOR CAPACITY DEVELOPMENT ACTIVITES
PARTNERSHIP WITH THE PARTNER COMMUNITIES
SECTORAL GROUPS WHO HAVE THE EXPERTISE

The SSCR Surigao Extension College of Law can provide the physical needs such
as the office space, and the human resources on the part of the students. The
existing Legal Aid lawyers of the Integrated Bar of the Philippines Surigao del
Norte Chapter Legal Aid Program can likewise be tapped to provide legal
services in the meantime the manpower is still set up.

In the absence of expertise of the school on linking with the partner

communities and in dealings with identified conflict issues, the expertise of GIZ
as well as of its partners is sought. It is in this context, as well as in providing
the other financial needs for the operation of the program that the partnership
with GIZ plays a very important role.

3. SERVICES TO BE OFFERED

The formation of a new approach of a Conflict Sensitive Legal Assistance

Program at San Sebastian College Recoletos that will provide legal services,
with emphasis to the marginalized sectors, specifically the IPs of the province.
However, in cooperation with the Integrated Bar of the Philippines Surigao
Chapter it likewise would cater to other sectors in the Province of Surigao del
Norte to fully implement the program. This joint effort of the two organization
is focused on awareness of legal rights to those who are under privileged and
the oppressed, and to encourage lawyers and those in government service to
be CS/CT advocates of the citizens rights.

The services to be offered are related to the course requirements of the

College of Law and the COSERAM, which include the following, viz;

A. Capacity Building
1.Capacity Building on the knowledge of laws and processes involved in
alternative dispute resolution mechanisms/ processes for the Katarungan
Pambarangay and other kinds of dispute resolution available.
2.Capacity Building on knowledge of laws on IPRA and other IP related
laws and jurisprudence

B. Legal Services
1. Preparation of legal documents in relation to the legal advice
2. Preparation of legal documents/affidavits and other documentary
requirements necessary for the filing of the case
3. Legal Counseling
4. Responding to referral on legal issues from other sectors in the
community
5. Legal representation in cases before judicial and administrative bodies

C. Institutional Capacity

1. Integrating the topics (peace and development, conflict, as we; as tools,

methodologies, processes)
The above-listed legal services shall be conducted within the framework of a
Conflict Sensitive Legal Assistance Program, and would focus on providing the
said services to the marginal sectors, and with emphasis to the IPs in the
province

4. DURATION OF THE PROJECT

The partnership shall lasts for one year and an extension may be sought when
necessary.

5. AGREEMENT

The partners, San Sebastian College Recoletos Surigao City Extension College of
Law and the GIZ shall forge a Memorandum of Agreement which shall contain
the terms and conditions of the financial assistance, as well as the rights and
responsibilities of the parties during the partnership.