AdDU Developmental Legal

Assistance Program

Operations Manual
Ateneo de Davao University
(College of Law | Ateneo Legal Services Office | Ateneo Public Interest and Legal Advocacy | Ateneo
Resource Center for Local Governance)
Introduction
Part of the mission of Ateneo de Davao University is the promotion of faith that does
justice, in cultural sensitivity and transformation and interreligious dialogue, particularly
with the Muslim and Lumad communities of Mindanao, promote social justice, gender
equality, the creation of wealth and its equitable distribution.

The institutionalization of its legal assistance program under the AdDU Developmental
Legal Assistance Program (ADDLAP) us anchored on the University’s Strategic Plan 2015-
2020 which includes the Key Results Area:
• Promote communities of peace and cultural resilience
• Promote the common good through social justice
o Protect vulnerable communities using rights-based and gender-responsive
framework.
o Promote good governance.
Goal No. 4 states: Engendered a culture of conversations and dialogues, and strengthen the
Filipino Muslim and IP partner communities in Mindanao in their ethnolinguistic identities
and peacebuilding capacities. Its Key performance indicator is the number of communities
strengthened in their ethnolinguistic identities and peacebuilding capacities.

ADDLAP is a collaboration of College of Law’s Ateneo Legal Services Office (ALSO), Ateneo
Public Interest and Legal Advocacy (APILA) and Ateneo Resource Center for Local
Governance.

Generally, ADDLAP seeks to provide developmental legal assistance to partner

communities, with emphasis to some marginalized sectors, such as IP, women, children,
and other sectors of the same nature and circumstances in the community.

In order to ensure the full protection of the IP rights and interests, it is essential that
ADDLAP will consider customary laws and practices of the IP in resolving conflicts.
However, traditional or formal legal processes will not be totally disregarded by the
ADDLAP since these can also be used hand in hand with indigenous processes to fully
provide for the best interest of the IPs. The purpose of the ADDLAP is to provide legal
assistance to marginalized sectors that have less access to legal services, and at the same
time, develop the skills of AdDU law students for actual legal practice.

May this Manual serve its purpose.

Objectives
We seek to achieve the following objectives:
1. To develop the capacity of indigenous and vulnerable communities in conflict affected
areas to promote a culture of peace.
2. To develop institutional capacity of partners and strengthen collaboration, and

Output indicators and Benefits

• Developed constituencies on Alternative legal and paralegal practice
• Trained Barefoot Lawyers (community paralegals) in the communities

In the handling of cases, the Program aims to introduce the students to a concept of legal
assistance in which the partner is actively involved in decision-making and direction-
setting, and where there is always an effort to take the alternative dispute resolution and or
empower and transfer legal technology to them.

Conflict sensitivity principles are also applied in the legal interventions from the legal
interview to research process, and even in the resolution of cases. This manual provides
the necessary guidelines in the application of these principles. Several capacity building
activities are also part of the program of ADDLAP to its stakeholders, from community
partner, law students, faculty, other lawyers, government agencies and civil society
organizations.
How to Use This Manual
All ADDLAP members and office staff are encouraged to strictly comply with the Guidelines
for an orderly and efficient office system. Internal office memoranda shall supplement this
manual from time to time. Likewise, while this manual seems to be framed in a way that the
focus is on litigation, it is stressed and even highlighted, especially in Figure 1, that there
are other alternative dispute resolution mechanisms available to a particular legal issue.

These guidelines are instructional in approach and attempted to be as comprehensive as

possible. However, they are not expected to cover all possible problems and situations in
the operation of the Office. The ADDLAP members and staff will have to use some degree of
discretion in dealing with situations, keeping in mind the objectives of the Program and
these Guidelines, and the best interest of the partners. Also, these Guidelines should be
viewed as flexible rules and as tools intended to assist the staff in the handling of cases and
the administration of the Office.

In case of doubt, the Dean, Program Manager, or the center directors have to be consulted.
Article 1. Application and Admission of
Partners
Section 1. Interview of Partners
Partner interviews should be partner-centered, meaning it assumes that partners are
interested in favorable outcomes and in participating in the process of the case in a way
that strengthens their control and self-efficacy, and their sense of decency toward the other
party. The aim is toward empowerment and recognition of parties, and not focused on the
lawyers or law students. It involves the partners in the legal strategizing and case-theory
development.

Hence, the need to always confer with the partner or partners on any matters relating to
the case, as they themselves have a better appreciation of the case as long they are also
empowered to act on it. With the partner at the center of the case, options to consider other
alternative ways of dispute resolution is in play.

Prospective partner and partners should be interviewed in person. As much as possible,

avoid telephone interviews and counseling. It is best to set an appointment at the Office
and be sure to be present thereat at the exact time of the interview. If the partner cannot
come to the Office, as when he is under detention, in a hospital or in a situation where
access to ADDLAP office is difficult, arrange an interview in a place most convenient to the
partner.

If the interviewee is a relative or representative of the actual party in interest, set an

appointment with the real prospective partner or partners as much as possible. In case of
walk-in partners, regular Office procedures should be followed. Make sure that walk-in
partners are comfortable and courteously accommodated in the Office.

In case the partner requests assistance in a pending or potential case, or if you determine
after the interview that the Office should provide him with such assistance, in a formal and
long-term engagement, the matter should be considered an application for legal assistance,
in which case the procedures outlined in these Guidelines should be followed.

There are also situations where the partner-communities request that the interview be
conducted in their respective communities, especially among indigenous peoples, and this
might be the most convenient thing to perform, logistically and physically, efforts will be
made by ADDLAP to have the interviews conducted in the community, subject to applicable
guidelines herein.
Steps in Conducting Interviews

In conducting the interview, the following steps should be undertaken:

Preliminary Considerations

1. Introduce yourself to the partner and brief him about the program, and the Office,
including its limitations, including among others the nature of cases it handles and
that the partner will be screened first if it meets the criteria of the office. Explain to
the partner that ADDLAP is advocating on alternative dispute resolution and will try
to exert efforts first in settling disputes or transforming conflicts into new realities.
Explain to the partner also that you are a law student working as a volunteer of the
Office and not yet a licensed lawyer. In case his/her application for legal assistance
is accepted by the Office, a lawyer will actually supervise the handling of his/her
case. Explain to him/her that although the legal and professional services of the
Office are free, expenses such as filing fees, transportation, documentation and other
expenses incurred in connection with the handling of the case may be charged to
and paid for by the partner, depending on their capacity to pay also.

2. Explain to the partner that the interview is only preliminary and his case is a mere
application for legal assistance that would be evaluated before it is officially
accepted by the office. The case shall only be accepted if the same falls under any of
the cases that ADDLAP seeks to give legal assistance.

3. Fill out the Partner Information Form (Annex 1) which should contain, at the
minimum, the following:

a. Partner’s personal circumstances (name, address, age, civil status, name of

spouse, mobile/telephone number, etc.);
b. Employment (whether or not he is employed, where he is employed, and the
nature of his employment);
c. Referral details (how he came to know the Office and the name of the person
or group which referred him to the Office); and
d. Case –related information-If the case being referred is pending in a court,
tribunal, or administrative agency, get all the details of the case (whether the
partner is the plaintiff, complainant or accused, where the venue of the action
is, the nature of the action, who the adverse party is, etc).
 TAKE NOTE
Gauging the financial status of the partner is very important for purposes of
determining indigency criteria. The Partner Information Form should also
contain other financial indicators which you have to take note of on the basis
and in the course of the interview, e.g. whether and where his spouse is
working, whether and where his children are enrolled for schooling, other
sources of income, etc. You may also ask for certificate of indigency from the
local government unit or the Department of Social Welfare and Development
(DSWD). A determination by project partners on one’s indigency might also be
a helpful indicator, especially if a project partner refers the case.
It is also important to know the fastest way to get in touch with the partner.
Finally, be sure to completely fill out the Partner Information Form. If there
are items in the Form, which the partner cannot readily provide, it is your
responsibility to make a follow-up.
Moreover, determining whether their case has impact to the Indigenous
Peoples Rights Act (IPRA)or related laws, affects members of marginalized
sectors and/or cases involving ADDLAP partners are likewise vital if we should
accept the partner or not.
The interview must still continue even though the partner is not an IP, a
marginalized sector or an ADDLAP partner, and refer the partner to the
proper agency once it is decided that this case cannot be handled by ADDLAP
based on the criteria for case-handling.

4. Be conscious of ethical considerations. Ask if the partner has already hired a lawyer
for this particular problem. Explain to the partner that it is unethical for the Office
to give advice or render assistance in a matter where another lawyer has been
retained. If the partner intends to continue the services of the other counsel,
politely terminate the interview and inform him/her to go back to the retained
lawyer. However, if it clearly appears that such counsel is in bad faith or is grossly
incompetent, the matter should be referred to the Program Manager who will
decide on the issue. In the meantime, the interview can proceed tentatively, with
this matter clearly explained to the partner.

5. Note that there are diverse set of methods in employing strategies in addressing
legal issues and concerns. One should note that litigation is just one of these, and
there are different alternative dispute resolution strategies employed, such as
community education, mediation or even advocacy. Figure 1 as presented in the
Annexes depicts the basic steps one takes to address a problem, beginning with the
identification of a problem and moving toward development and implementation of
a strategy to address it.

6. Remember that ADDLAP espouses conflict sensitivity in handling of cases and issues
involving natural resources and of the marginalized sectors, hence the bias is to
 exhaust other alternative modes of dispute resolution, especially those that will be
beneficial to our partner and partners.

Interview Proper

1. In interviewing, bear in mind that interview with a partner is very crucial because it
is here where you obtain vital information that will be used in all phases of the legal
assistance, including research of pertinent law, formulation of theory and strategy,
choice of alternative dispute resolution mechanisms, and if necessary, preparation
of pleadings, settlement and negotiations, discovery proceedings, actual trial
(examination of the parties and their witnesses), and appeal.

2. As much as possible, options of alternative dispute resolution mechanism must be

presented. Always be conscious that ADLAP applies conflict sensitive legal
strategies, and this includes and should be reflected in the manner of dealing with
partner and partners, the language used and behavior expressed.

3. At the onset of the interview, remind the interviewee that the case being presented
is not yet accepted, as ADLAP will still consider this based on the criteria for
acceptance of cases. The interviewer must also explain to the interviewee of the
limitation of ADLAP as well as the criteria for case-handling. This reminder shall
also be given to the interviewee after the interview is concluded.

4. Remember that the initial interview should be as comprehensive and exhaustive as

possible. Remember that all students and lawyers who will handle the case after
you will use and rely on the results of your interview. It is possible, however, that
the partner would not give all the important information and details of the case on
the first interview. Consider, therefore, that it may be wise to establish rapport,
trust and confidence first on the initial meeting and just set another time for a more
detailed interview.

5. Make the partner as comfortable as possible. A law student should never give an
advice at first instance. Proper documentation of the legal interview, organizing any
documentary or object evidence, if any, doing a substantive legal research on the
issue presented and presenting these in a case report should be the default course of
action of any law student doing an interview.

6. However, if the partner requests or needs assistance which you can readily provide
by preparing an affidavit (e.g., affidavit of loss), a special power of attorney, demand
letter or other legal documents, please ensure that such assistance is given as soon
as possible. Before releasing the document, however, please consult the Program
Manager and clear the document.

7. Make a report of the facts and nature of the case and the action you have taken,
research on the subject matter conducted, or the assistance, advice or
 recommendation you have given. This report should be submitted to the Program
Manager and filed together with other such reports by the office staff for future
reference. This report would also be considered for purposes of compliance with
Law School curriculum requirements.

8. Original copies of documentary evidence received from the partner or obtained

from other sources must be placed in a separate envelope and inserted in or
attached to the main folder. An index of these documents must be prepared and
placed inside the envelope for proper monitoring. This index should be updated as
new documents are received or obtained. For security purposes, the case file should
not be taken out of the filing cabinet, least of all the Office premises, unless prior
consent is secured from the Program Manager. For reference purposes, copies of all
documents should be made fastened into the main file folder, so the original copies
need not be taken out of the evidence envelope, and would be kept free from
constant use and access:

a) As much as possible, the case file should not be taken out of the
Office. If you really need to take the case file out, you should
register this fact in a record book or sheet prepared by the
Committee on Case monitoring and Administration or if there is no
committee yet to the Administrative Staff.

b) The Supervising Lawyer shall, from time to time set a date for
thinning of files at which the staff shall review all the file folders
and take out documents from such files which have been
terminated or no longer being handled by the Office shall be
removed from the filing cabinet and the important documents (e.g.,
sample pleadings, research work) shall be retained and kept by the
Committee on Case Monitoring and Administration for future
reference and guidance.

Caution
You shall be held accountable for the loss of the case file you borrowed or any
document contained therein. Outsiders, [including students who are neither
members of ADDLAP cannot borrow any file folder unless authorized by the Dean or
Supervising Lawyer. The Committee on Case Monitoring and Administration is
responsible for keeping track of borrowed file folders.
ARTICLE II.
CASE ASSIGNMENT: TEAM SYSTEM
SECTION 1. COMPOSITION OF CASE HANDLING TEAM

All cases in the Office shall be handled by a team composed of students enrolled in the
program. The program manager shall form the teams and assign respective team leaders.
Each team will be supervised by the supervising lawyer or if available, a volunteer
lawyer. Law students who interviewed the applicant will automatically be members of
the team, unless they are relieved from such assignment for valid reasons (e.g. work load,
ethical considerations). The supervising lawyer or volunteer lawyer shall advise the
team regarding substantive and procedural law, and to attend hearings in proper cases.
Section 3 and 4: rule 138-A Law Student Practice Rule
The Supervising Lawyer will designate the student members of the team, including
the practice court students who will be given their assignments at the start of each
semester or during the semester as new cases are accepted by the Office.
The Supervising Lawyer shall also handle the following:
(1) Designation of additional team members when the nature or complexity of the case
requires it.
(2) Case reassignments and inheritance of case assignments.

Volunteer Students of the Program

Students who are not enrolled in the program but are interested to volunteer shall be
assigned to a particular team by the Program Manager. Volunteer law students shall have
the same responsibilities as those enrolled in the program. students of practice court are also
required to render their services to ADLAP based on the required creditable hours of their
subject for the semester. The Supervising Lawyer shall give them case assignments at the
start of the semester, or during the semester as new cases are accepted by the Office. Upon
getting their assignments, they must immediately coordinate with the members of the case
handling teams concerned for integration into the work of such teams. The Supervising
lawyer shall ensure that all students are properly integrated into their respective teams. The
team members shall brief the new member by the team members on the facts, nature, and
status of the cases.
; however, the temporary and short nature of their involvement with the work due to
availability of and enrolment in ADDLAP-related courses must be considered in giving them
specific tasks and responsibilities. Other law students shall receive their work assignments
from, and are answerable to, their respective team lawyer and the Supervising Lawyer. Their
work will be monitored and evaluated for purposes of compliance with the requirements of
the practice court subject and other subjects for the semester.

SECTION 2. RESPONSIBILITY OF TEAM MEMBERS

In general, all team members should sufficiently familiarize themselves with the case
and its status. The idea is that no member of the team is indispensable. Any member should
be able to answer the questions of the partner regarding the case and do any work within
their competence. The teams should also ensure members’ participation and equitable
distribution of workloads.
Specifically, the responsibilities of the team members are as follows:

Supervising lawyer (or a Volunteer Lawyer)

The lawyers involved shall be ultimately responsible for the successful resolution of
the case, and actively involved in the mentoring of the student members of the team in all
phases of the legal work. In particular, he/she shall be responsible for the following areas of
the work:
(1) Formulation of theory and strategy, together with student members of the team and,
as much as possible, with the partner or partner who shall always be consulted in the
decision-making and direction-setting in handling of cases.
(2) Thorough review of the pleadings, opinions and other legal work of the students, and
signing for and in behalf of ADDLAP of all pleadings and other legal document or
papers which have to be filed in court, given to the partner, or released to anybody
outside the Office, including the opposing counsel.
THE SUPERVISING LAWYER SHALL REVIEW THE PLEADINGS IN THE FOLLOWING
POINTS:

• Proper form
• Consistency with the theory and strategy
• Compliance with all substantive and procedural requirements

(3) Appearance in court and handling of trial proper;

(4) General supervision of work and monitoring of the progress of the case.
(5) Efficient functioning of the team, as a team by ensuring clarity of direction, fair
division of work and responsibilities among the students members, and cooperation
among the team members. In delegating work, or responsibilities, the supervising
lawyer must issue clear and specific instructions. In case the students are confused
they are expected to ask and coordinate with the supervising lawyer.
(6) Mentoring of the students members of the team by ensuring their active involvement
and full participation in all aspects of legal work.
The supervising/volunteer lawyer shall also endeavor to make himself/herself available
for regular meetings and consultations with other members of the team, as well as case
conferences with the partners and partners.

Student’s Duties and Responsibilities to Partner

(1) Act swiftly on your partner’s requests and return his/her phone call or respond to
his/her written messages. If the partner or partner sets an appointment, make sure
to meet with him/her on time and be prepared to answer questions or attend to
concerns previously made known to you.
(2) Never promise your partner or partners anything you cannot deliver. Do not mislead
your partner to give him false hopes. Always be honest in assessing the strengths
and/or weaknesses of your partner’s case. Avoid predicting the results of the case
with prophetic authority.
If you discover an error or omission in the course of your work which has prejudiced or
may prejudice your partner’s case, notify the Supervising Lawyer without delay and act
swiftly to minimize damage or remedy the situation. Concealment will only lead to graver
consequences.
 REQUEST RELIEF FROM CASE ASSIGNMENT

The Supervising Lawyer, however, reserves the right to change the composition of
the team for valid reasons of which the Program Manager shall be informed. The Supervising
Lawyer shall formulate the team’s guidelines in the assignments of team members.

STANDARDS APPLIED IN ASSIGNING OF TEAM MEMBERS

• The kind or nature of cases which the student prefers to handle.

• If the student is doing a thesis or research on a particular IPRA problem he/she
will likely be assigned on it.
• The work load of the student handling of Office cases or in the law school.
(Transfer to Team Composition)

It should be noted, however, that the Office encourages students to handle cases in
different places taking into account alternative dispute resolution for purposes of
exposure and training in different areas of law and law practice. (i.e., number of cases
being handled) and quality (i.e., complexity of cases).

SECTION 3. MEETINGS OF THE CASE HANDLING TEAM/ CASE

CONFERENCE
The members of the team shall endeavor to meet at least once every week or more
often when necessary, to discuss case strategies, developments, work assignments, and
other matters related to the handling of the case. Such meetings shall also be used by the
student members of the team to consult the supervising lawyer or the volunteer lawyer on
any concern regarding the case or their work assignments. The meeting shall be arranged
by the student members and the date and venue must be coordinated with the supervising
lawyer. These meetings should always consider the principles of conflict sensitivity and
conflict transformation in handling cases.
From time to time, the Supervising Lawyer or the Dean may also call a meeting with
the student members of the team to discuss the progress of the case together with the
partner or partners. These are called case conferences. During these meetings, students
should be prepared to report on the case and answer the factual and legal questions from
the supervising lawyer, the partners and partners.
SECTION 4. OTHER RESPONSIBILITIES OF STUDENTS
In the course of student involvement, the following guidelines should always be borne
in mind and practiced to help ensure that the objectives of the Program are fully and properly
met:

Ethical Considerations
(1) Review your Legal Ethics course and always keep in mind the provisions of the
Canons of Professional Ethics and the Code of Professional Responsibility. In the
processing of applications, check the Office’s List Partners and Cases to determine any
possible conflicts.
(2) Maintain the confidentiality of the secrets of your partner and of any information you
obtained from him or gathered in the course of your case handling. If there is a need
to disclose the secrets of your partner, secure his permission first.
(3) Decline any case assignment in which you have personal interest. Immediately
inform the supervising lawyer if any conflict of interest exists or perceived. Never
draft any legal document or do anything that will confer any benefit on you, your
family, or any Office staff.
(4) You should not gain materially from your services in the Office as this is against the
principle of free legal assistance. Discourage your partner from giving you money or
gifts. If you are offered money or gifts from the partner, this should be turned over to
the Administrative Staff. Never use the partner’s money or property for your personal
purposes.
(5) When the opposing party is represented by counsel, always communicate or
negotiate with such counsel only, and never with his partner.
(6) As a law student providing conflict sensitive alternative legal assistance, the primary
consideration always is the interest of the partner towards alternative modes of
dispute resolution. One should endeavor to explain the advantages and even
disadvantages of different modes of dispute resolution mechanisms.

Practice Court Students

As part of the case handling team, practice court students shall assume the role and
responsibilities, and perform the functions of a lawyer, in cooperation with the team
members. Although the Supervising lawyer or the volunteer lawyer as the case may be will
supervise their work, especially in the sensitive areas of litigation, Practice Court students
shall assume the bulk of the responsibility in and the mental and physical burden of handling
the case. They are, therefore, expected to act and work according to the highest standards
of professionalism and legal ethics. Specifically, Practice Court students shall be responsible
for the following areas of work:
(1) Thorough interview of partner’s witness, and securing and preparing their written
statements or affidavits;
(2) Data and evidence gathering and investigation, including collation, preservation, and
keeping track of documentary and physical evidence;
(3) Thorough legal research and, the preparation of memorandum of legal authorities for
submission to the supervising lawyer (note: Practice Court students shall keep and
manage a file for all legal research works arranged according to topic or subject
matter. The original shall be kept in the file folder after it has been read and studied
by the supervising lawyer and/or volunteer lawyer.
(4) Studying of initial theory and strategy of the case for discussion with the supervising
Lawyer. Implementation of case strategies and trial tactics shall always be with prior
clearance from supervising lawyer or the Dean;
(5) Drafting of pleadings, opinions and other legal papers for submission to the
supervising lawyer. Drafts of pleadings must be submitted to the supervising lawyer
for review not later than five (5) days before the court deadline. However, drafts of
memoranda, appeal briefs, and pleadings in special civil actions must be submitted at
least seven (7) days before the court deadline. However, drafts or memoranda,
appeal briefs, and pleadings in special civil actions must be submitted at least seven
(7) days before the deadline. All pleadings, opinions and other legal document must
be reviewed and signed by the supervising lawyer or the Dean before releasing or
sending them;
(6) Management of the case folder. All pleadings, court orders and notices, status reports,
research memoranda, letters, mail matters (registry return receipt), and any other
papers, documents, and records related to the case shall be kept and preserved in the
case file folder which must always be kept in order. For those pleadings, papers, and
document which are filed in court, or submitted to the supervising attorney, Program
Manager, or any of the student committees, copies should always be made for the files.
Management of files including thinning of files. Thus, papers and records which are
no longer necessary should be removed from the file folder in order to save the
Office’s very limited filing space;
(7) Constantly updating the supervising lawyer and the partner or partners, as well as
the Dean, of the status and progress of, and any development in the case by
submission of written or status reports (letter style or memorandum). Four (4)
copies of these reports should be made: the original will be given to the Partner, the
first copy to the supervising lawyer, the second copy to the Dean, and the third copy
must be placed in the file folder. The partner must always be furnished copies of
pleadings filed and court decisions, order and notices received;
(8) Initiating and arranging team meetings and/ or consultations with the supervising
lawyer. As much as possible, team meetings or consultations must be held at the
 Office or any place within the law school. However, when the supervising lawyer or
the volunteer lawyer is not based in the law school, meetings may be held at a place
most convenient to him;
(9) Attending court hearings to be observed and assisted by the supervising lawyer or
volunteer lawyer;
(10) Other assignments given by the supervising lawyer or volunteer lawyer

Fourth Year Students

In addition to the abovementioned, fourth year members of the team, whether
Practice Court students or student volunteers shall also be responsible for the following:
(1) Advise the other student members of the team in substantive and procedural law,
with special emphasis on rules of evidence;
(2) Attend hearings and conduct actual trial work. In conducting trial in a regular court,
fourth year students must always be physically accompanied and supervised by the
supervising lawyer or volunteer lawyer. In administrative agencies, such as the NCIP,
they can appear on their own provide the rules of procedure of such agencies allow
student practice. However, before the scheduled hearing, fourth year students must
first consult with supervising lawyer. To gain experience and trial confidence, fourth
year students will be encouraged to attend hearings and contested motions after
being thoroughly briefed by the supervising lawyer.
(3) Prepare initial draft of important and crucial pleadings, e.g. complaint, motions to
dismiss, petition for certiorari or petitions in other special civil actions.
(4) Other assignments given by the supervising lawyer or the dean such as participation
in mediation, capacity building activities and other alternative modes of dispute
resolution.

Work Ethics
(1) Always endeavor to produce the best quality of work. Keep in mind that although
your partners are non-paying, professional and ethical considerations dictate that
they are the best from you. Pleadings, research work, and other paper works should
be substantive, thorough, exhaustive, and well written.
(2) Do not be choosy in the cases you are handling. Once you are assigned to a
particular case, do the best you can in advocating your partner’s cause and protecting
his interest within the bounds of law, whether you find the case interesting or not.
The quality of your work should be affected by what you think of the case of your
partner.
 (3) Do your assigned tasks promptly and without need of prodding. The group
tasked with a case shall include a timeline on the work processes such as partner
interview, research work, case analysis and case conferences. Submit your written
assignments as you have promised based on this time or as required by your
supervising lawyer. File pleadings and other legal documents on time. Remember
that you can lose your case on a mere technicality.
(4) The Office adopts the team system in handling cases thus, always strive to be a
good team player. Do your fair share of your team’s work. Likewise, never
monopolize the work and do not interfere with the work of others. Consult and
cooperate with your team members.
(5) Comply strictly and consistently with these guidelines and other Office rules,
and the written or verbal instructions of your supervising lawyer. If you
disagree with the guidelines, rules or instructions, or if you believe that following the
same would prejudice the work of the team or your partner’s interest, confer with the
supervising lawyer and suggest and justify ways and means to remedy the problem
or improve the Office systems and procedures.
(6) Consult your supervising lawyer on any action you intend to implement relative
your case. Remember that you will be held responsible for the consequences of your
actions. The general rule in the Office is that you should always consult your
supervising lawyer and suggest and justify ways and means to remedy the problem or
improve the Office systems and procedures. All actions of the different teams will be
reviewed and approved by the Supervising Lawyer.

Emergency Cases

The nature of the referral may require immediate action (e.g., arrest situations,
enforcement of restraining orders, or non-extendible deadlines in the filing of pleadings) on
your part, and processing of the application for legal assistance, provided there is no other
emergency situation, the same should be given immediate attention and action. In such case,
the Dean or Supervising lawyer or a lawyer connected with the Office should still be
consulted for possible course of action. As much as possible, the action to be taken should
be limited to removing the partner from the emergency. After this is accomplished, the case
should undergo the regular application and case handling procedures as outlined in these
Guidelines.
ARTICLE III
FILE SYSTEM

SECTION 1. IN GENERAL

Management of the individual case files shall be responsibility of the ADDLAP

members who form part of the handling teams. The management of the Office filing system,
however, shall be the responsibility of the Administrative staff which shall formulate its own
guidelines in the management of such files. Case files in the Office shall be organized
according to the nature of the cases, and designated by the following codes:

LABOR CASES involving partners LR and the assigned number of the case

NCIP CASES NC and the assigned number of the case

CRIMINAL CASES involving CR and the assigned number of the case

partners
CIVIL CASES involving partners CV and the assigned number of the case

FAMILY-RELATED CASES involving FA and the assigned number of the case

partners
CASES WHERE THE EXACT SU (suspense) and the assigned number of the case. If the
NATURE CANNOT BE real nature of the case is determined or known later, the
DETERMINED OR IS NOT YET file should be changed accordingly.
DEFINITE AT THE TIME OF
ACCEPTANCE (i.e., the case can
either be civil or criminal in nature,
or civil or labor

SECTION 2. BASIC GUIDELINES IN MANAGEMENT OF FILES

(1) Drafts and final copies of all pleadings, court notices, orders, decisions and process,
legal documents and papers, research memoranda, status reports, letters, opinions,
and any and all documents received, obtained, submitted, or filed in the course of
handling the case must always be included in the file folder in chronological order.
The earliest documents should be placed at the bottom of the folder next to the
Partner Information Form and the Partner Application Report, and the latest
document on top;

(2) The Case Summary Report (Form 5) shall be placed on the inner front cover of the
folder. The file number and case title or designation must be written in clear and bold
letters and figures on the tab of the folder. The Committee on Case Monitoring and
Administration shall arrange the folders properly and systematically in the filing
cabinets.
Post Interview

(1) After the interview proper, thank the partner for considering the Office for legal
assistance. Tell him/her that he/she would be informed by the Office of whether the
application has been accepted or not. Set a definite period within which he/she
should expect word from the Office of the result of his application. Be sure to get in
touch with him/her within the same period; and

(2) Make a copy of the Partner Information (Form 1). The original should be attached to
the Partner Application Report and the copy given to the Committee on Case
Monitoring and Administration for its files.

Counseling and Advice

If a partner visits the Office merely for counseling and advice, and not for long term
legal assistance, please observe the following guidelines:

(1) Exercise caution in giving advice consistent with your professional responsibility and
the high standards of ADDU by not encouraging the partner’s propensity to litigate
and resolve the case through court action. The advice or opinion given should always
be well-considered, well-founded and intelligent based on the concepts of Conflict
Sensitivity and Conflict Transformation.

(2) Know the facts, premises, and assumptions well. Ask clarificatory questions if
needed. Understand the scope and implications of the questions presented.

(3) When you are not sure of your law, do not give categorical answers. Give an opinion
or advice only if you are sure of the legal basis. Do not attempt to impress the partner
or your fellow staff by giving ready answers. If you cannot give a proper advice
offhand, do some research and request the partner to come back to the Office so you
can give him well-researched opinion. If the partner or partner is the type who can
be given a formal written reply, or when there is somebody who can adequately
explain the opinion to him (as in the case of organized groups), prepare and sent the
partner a letter-opinion to him which should in all cases be signed by the Supervising
lawyer, or a volunteer lawyer of the Office. When applicable, give the partner
alternative causes of action or remedy, and explain to him the limits and the
advantages and disadvantages.

(4) When an immediate answer is necessary, always qualify your answer, explain to the
partner that it is tentative, conduct research and further investigation, and inform the
partner of the results of your findings as soon as possible.
(5) Consult your fellow law student, a volunteer lawyer of the Office, and/or the Dean or
Supervising lawyer for opinion or clarification. Do not attempt to impress the partner
or your fellow law student by giving ready answers. If you cannot give a proper
advice offhand, do some research and request the partner to come back to the Office
so you can give him a well-researched opinion.
ANNEXES
FORM 1. PARTNER INFORMATION FORM
Name of Partner: Age:
Citizenship: Sex:
Civil Status:
If married, name
of spouse:
Home Address: Tel. No.
Place of Work: Tel. No.
Alternative
Contact Nos.

VENUE___________________________

NATURE OF THE CASE

Civil Criminal Labor Others: ________________

NATURE OF ASSISTANCE REQUESTED

Legal Representation
Legal Advice
Drafting of pleading/affidavit/letter/other documents
Others: ___________________________________________

INDIGENOUS PEOPLES’ INDICATORS (Partner’s Indicator)

Place of Residence:
Membership in a clan:
Certification or any document referring to
his membership of a tribe:
Relevancy of case to IPRA and other
related concerns:

INDIGENCY
Usual Occupation of partner:
Other source of Income:
Average monthly salary:
No. of children/other dependents:
No. of children in school:
No. of children working:
Where children are studying or working:
If children are working and supporting
partner, how much support do they give,
if any:
Other financial indicators:
 Title of the Case: ____________________________________ Case No. ________________
Represented by Counsel: Yes No
Status of Engagement: On-going Terminated
If terminated, reason for termination: __________________________________________________
If on-going, reason for application with ADDLAP: ____________________________________________

Name:
Address:
Tel. No. of Counsel:

Designation of Partner
Plaintiff/Complainant
Respondent/Defendant
Others: _________________

Name and Contact No. of Opposing Party:

Name and Contact No. of Counsel of the
Opposing Party:
Referred to ADDLAP by:

ADDLAP TRANSACTION

Interviewed by: _______________________________________ Date: _________________________

Recommendation/Remarks:
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________

INFORMATION REQUESTED BELOW THIS LINE TO FILL OUT BY ADDLAP STAFF

Application Accepted Date Accepted: ____________________

Application Denied Date Denied: ____________________

Reasons for acceptance/denial:

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
__________________

Supervising Lawyer/Volunteer Lawyer Assigned: _____________________________________

Form 2

PARTNER APPLICATION REPORT

Please use separate sheets of paper for the facts of the case, the possible issues involved, and the results of your
initial research. Remember to be thorough and exhaustive in your discussion. Submit the Report within three
(3) days from the interview.

NAME: _____________________________________________________________________

RECOMMENDATIONS:

Legal indigency
Test case or impact case on
issues of IPRA
Instructional value
Venue of action
Merits of the case
Caseload
Ethical considerations
Others

REMARKS:

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_____________________________________________________________________

Prepared by: ________________________

Accept/Reject: _______________________

Note/Instructions:

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_____________________________________________________________________

_____________________________________

Supervising Lawyer Signature

Form 3

QUICK REFERENCE SHEET

File no: ______

Name of Supervising Lawyer/ Volunteer Lawyer: _______________________________________

Team Members Subject Enrolled

a.
b.
c.
d.
e.

Name of Partner: ____________________________________ Contact No. : __________________________

Name of Case/Referral: ______________________________

Facts:

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
__________________________________________________

Accomplish only if the Partner is a Party to a Pending Case

Title of Case
Case No.
Venue of Action
Designation of
Partner
Status of Partner
Date
Transaction

Remarks____________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_______________________________________________________________________________
Form 4

AdDU Developmental Legal Assistance Program

1st Floor, Dotterweich Building, Ateneo de Davao University
E. Jacinto Street
Davao City

AGREEMENT OF UNDERTAKING

I, ________________________, after having voluntarily obtained the services of the Ateneo legal Assistance
Program agree to undertake the following:

- Payment of filing fee, transcript of stenographic notes, photocopies, and other legal documents
- Procurement of witnesses for interview and/or gathering of documentary evidence in support of
my claims;
- Follow-up of case status;
- Other similar tasks necessary for the speedy dispositions of my case.

The foregoing is in line with the ADDLAP’s partner empowerment by promoting active partner
involvement and burden-sharing in the case proceedings.

I understand that the ADDLAP will handle the case up to ___________________ only. However, should
further engagement be necessary, ADDLAP shall continue to handle the case only after discussion and
acceptance by the Dean of ADDU College of Law and/or Supervising Lawyer.

____________________________________________________________
Signature over Printed name & Date
Form

CONFLICT ANALYSIS FORM

Issue & Nature Parties Position Needs Documents

of Case Involved Needed to Support
the Claim
Example: IP (accused) He owns the Survival Certification from
Qualified Theft coconut barangay
Non IP He has title of Ownership
(claimant) the land

Analysis on conflict resolution:

Form 5

CASE SUMMARY REPORT

Name of
Interviewer
Name of
Interviewee
Date of Duty
Time

Facts: (Indicate here brief summary of the facts of the case)

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_______________________________

Issues: (Indicate here applicable laws or regulations governing the case, whether there are appropriate
jurisprudence or decisions made by government or international bodies)

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_______________________________

Recommendations: (Indicate here whether you recommend that ADDLAP should accept or deny, give a brief
explanation on the reasons, and what remedies or agencies to engage)

______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_____________________________________________________________________

Notes:
 Steps for solving justice
problems
Initial Interview
Research Research
• Take partner’s Provide initial legal information Present initial options to
statement on rights and procedures partner.

• Identify the problem

Investigation and fact-finding to

develop an objective
understanding of the facts

Practitioner’s Guide, Open Society Justice Initiative (2010).

Present options to the partner
and develop a course of action
together.

Litigation
Assisting partner
Provide further Advocacy to navigate
Mediation
information on rights authorities
Community Organized
and procedures

Figure 1. Steps for Solving Justice Problems (based on Community-based Paralegals: A

education collective action