Legal Aid Services 33 CHAPTER VII: Legal Aid Services I n all stages of the investigation until the final disposition of the case, the Commission, in coordination with appropriate agencies, shall ensure the security and protection of the women victims, their families, and witnesses. As the circumstances require, the CHR on its own, or with the assistance of lawyers association or private law practitioner/s, shall provide the women victim-survivors, the victims’ families and witnesses, the necessary legal aid services, in the form of legal assistance, such as immediate access to special remedies; and legal advice/counseling, to ensure their protection from further violations or threats thereof. Legal Assistance, pursuant to Section 40 of Republic Act 9710 and Sec. 18 of Article XIII of the Constitution, shall be extended to women and persons with diverse sexual orientation and gender identity whose human rights are protected and guaranteed under various human rights laws and instruments (international or domestic), particularly under the Convention on the Elimination of Discrimination Against Women (CEDAW) and RA 9710 or the Magna Carta of Women.59. Certain factors must be considered before extending free legal assistance, to the victimsurvivor. These include indigency, economic status of the victim-survivor, nature and gravity of the violation or discrimination, urgency of the situation, jurisprudential potential, availability of lawyers who will handle the case, and the presence of transcendental issues for women or persons with diverse sexual orientation and gender identity. Legal assistance may be rendered without prejudice to an 59 Republic Act 9710 ongoing investigation conducted by CHR. Legal advice and counseling services shall be extended to any person in need of legal advice or seeking information, guidance, or opinion concerning women’s rights and issues, taking into account the urgency of the advice requested and regardless of the economic status of the person. Legal advice and counseling may be rendered directly in person (for walk-in clients) or thru phone, email or regular mail, among other modes. In rendering these legal and other support services, priority shall be given to the underprivileged, vulnerable, or marginalized, and to Women in Especially Difficult Circumstances (WEDC).60 Upon evaluation of the case and after considering the circumstances surrounding the victim-survivor, victim’s family, and witnesses, taking into account the factors above, the Commission shall determine the appropriate legal assistance to be extended. Kinds of Legal Assistance Legal assistance may include the following: 1. Preparation of pleadings (such as Affidavits, Answer, Counter Affidavit, Reply, Rejoinder, Comment, Memorandum, Position Paper, Petition for Review, Petition for Certiorari, Petition for Writ of Amparo, Petition for the Writ of Habeas Corpus, Motion) and other appropriate documents to be filed in court, quasi-judicial agency, administrative body, or organization, and assisting the victim or the victim’s family in filing the appropriate action or pleading in 60 Sec. 30, RA 9710 defines WEDC as victims and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention victims and survivors of rape and incest, and such other related circumstances which have incapacitated them functionally. CHR Gender Ombud Guidelines