Pastor, Rozanna Bianca T.

| LLB-IV
Legal Counselling | 03/21/2018

BASIC CRIMINAL PROCEDURE

Legal Clinic Topic Outline
(Brgy. 62-A Navotas, Laoag City)

I. What is a criminal case? How is it different from a Civil Case?

II. How are criminal cases instituted?

a. Complaint-Affidavit with the Public Prosecutors Office
i. Filing is a case is a matter of right but it should be done in good
faith; things to remember before filling a criminal case:
1. Reporting the incident to the Police
2. Gathering evidence and witnesses
3. Consulting with a lawyer
ii. Preliminary Investigation
iii. Resolution of Prosecutor
iv. Information filed in Court
v. Warrant of Arrest issued by the Judge
vi. Arraignment

b. Warrantless Arrest
i. Cases where arrest can be made without a warrant
1. Duty of police officers
2. Rights of the person arrested
ii. Inquest Proceedings; duty of the fiscal
iii. Arraignment

III. Rights of the accused

i. Custodial Investigation
ii. Pending trial
iii. Search warrants/warrantless searches and seizures

IV. Public Attorney’s Office (PAO)

a. Free legal service to qualified applicants
i. Indigency Test
ii. Merit test
 “A REACTION PAPER ON THE LEGAL CLINIC HELD AT
BRGY. 62-A NAVOTAS, LAOAG CITY”

On the 11th day of March 2018, I had the chance to visit Brgy. 62-A Navotas.
Together with my fellow students and faculty of the College headed by Dean Manuel F.
Aurelio, we proceeded to the barangay’s covered court and conducted a Legal Clinic as
part of the annual extension program of the university and college.

The Legal Clinic aimed to provide free legal counselling to members of the
chosen community. Members of the faculty who are distinguished members of the Bar
would volunteer themselves and gave free legal advice. This year however, it was only
Atty. Robert August Camarillo and NWU College of Law alumnus, Atty. Maejean
Pedro, were present at the said event.

Aside from the free legal advice, special lectures on current and relatable laws
and legal topics were likewise discussed by members of the senior class. The topics
included in the lectures where land ownership and succession, TRAIN and the law on
violence against women and children (VAWC) as well as remedial topics such as small
claims cases, basic criminal procedure and the Katarungang Pambarangay system. In
addition, the legal clinic was an opportunity to discuss and educate the people on the
advantages and disadvantages of the impending shift to a federalist system.

An open forum was also conducted after each discussion wherein speakers
entertained questions related to each topic. However, where the issue was too
confidential, two lawyers were available for private consultation.

A common legal concern in the barangay is land ownership, title and hereditary
rights. Many of the conflicts were between family members regarding properties which
they had acquired from their ancestors by virtue of succession. I also found out that
many of the older generations, especially the women, were misled into believing that
the male children were entitled to a bigger chunk in the estate of a deceased parent.
Likewise, they were misled to believe that the older children had better rights over
properties of their deceased parents as compared to the younger ones. Hence, they were
glad to know that the division of properties were equal between brothers and sisters, in
the absence of a will.

There were also cases of children who were not legally adopted selling
properties of their adoptive parents to third persons without the consent of the
legitimate heirs. Another case involved a tenancy relationship wherein the client was
being evacuated by the landowner and the latter was threatening to demolish the house
built on the landowner’s property, despite the tenancy contract not being expired.

According to one barangay official who refused to be named, one common

problem relayed to their office for barangay conciliation would often be petty
arguments and fights between neighbours and relatives. He said that verbal arguments
would often stem from either tsismis or rumors, jealousy between neighbours or long
overdue debts. On the other hand, in case of physical altercations, parties were more
often than not, under the influence of alcohol. Nevertheless, the barangay was relatively
peaceful.

Alarmingly, one client was discovered to be a victim of physical abuse from her
husband and was very curious with the remedies and asked to be in private
consultation with one of the lawyers.

There were only a handful of attendees despite prior notice given by the College
to the barangay officials. Their barangay captain, Charito Caday was similarly absent.
Hospitality from the barangay officials was apparently scarce compared to previous
legal clinics and most of them were “forced” to attend.

I observed that many were not that interested in the topic regarding federalism. I
was disappointed by their lack of curiosity and genuine concern with how the federalist
shift would directly affect them. It just shows how the Filipino is not ready for the shift
since a federalist system entails pro-active participation and direct responsibility of
individual states and its constituents. The people’s indifference towards national issues
shows the vulnerability of the people, most especially the poor, because they may easily
be influenced by the more powerful ones.

I have also noticed that a common problem encountered whenever the college
conducts its extension program is the lack of interest demonstrated by the community
members and officials. Apart from the unsatisfactory attendance, I had observed that
officials would often force their constituents to ask questions out of courtesy. Thus, it is
suggested that other activities should be included that would encourage community
members to attend the extension program.

It is also suggested that future legal clinics should be conducted in more remote
communities and municipalities in the Province such as those in Adams, Nueva Era,
Dumalneg and Marcos where accessibility to information and legal services is difficult
and scarce. Admittedly, staying close to Laoag City is more convenient and economical
for the students and the school, it must be stressed however, that these legal services are
readily available and easily accessible to them due to their close proximity to urban
areas. In contrast, communities in more remote areas of the province rarely have access
to legal services and information. The University and the College should endeavour to
bring free legal services to these people who truly and definitely need them in line with
the extension program’s real objective.

Finally, it is suggested that the Legal Clinic should be conducted at least twice a
year, one for each semester. One for a chose community, and the other especially
organized for the younger generation such as college or high school students in order
that they may be educated by issues in the country and encourage them to participate
and be more mindful of pressing national issues.