34
Legal Aid Services
any of the aforementioned bodies.
2. Legal Representation in courts, quasijudicial bodies, and administrative bodies. This
requires a directive or an order authorizing a lawyer
of the Commission to represent or appear for and in
behalf of the client before any of the aforementioned
bodies. The directive or order may be in the form of a
Resolution or a Memorandum and must be signed by
the following CHR officials:
a. Regional Director of the CHR Regional
Office, if the forum is situated within the
region where the case is heard;
b. The Focal Commissioner for LIO, WHRC or
AVO, as the case may be, or the Chairperson,
or any Commissioners, in the absence of
the concerned focal commissioner, with
endorsement from the LIO Director.
3. Assist in the filing of cases, to include
special legal remedies (e.g. Writ of amparo, Habeas
Corpus) against individuals, agencies, institutions, or
establishments that violate women’s rights.
4. Assist in securing a protection order from the
concerned barangay or court. This includes drafting
the petition or filing the application for the issuance
of the protection order, or assisting the victim or
victim’s family in filing the petition with the barangay
for the issuance of a Barangay Protection Order
(BPO), or with the court for a Temporary Protection
Order (TPO)/Permanent Protection Order (PPO), as
applicable.
5. Endorse or refer a case to appropriate
government agencies, local government units,
organizations, institutions having primary jurisdiction
over the case. This includes drafting the referral or
endorsement letter for the victim.
As the circumstances require, the Commission
shall, in coordination with appropriate agencies,
organizations or institutions, ensure that adequate
security and protection measures are in place for the
women victim-survivors, the victim’s family, and vital
witnesses. Women in Especially Difficult Circumstances
(WEDC) 61shall be immediately referred to the local
government units or government agencies mandated
to deliver necessary support services and interventions
to WEDC, such as temporary and protective custody,
medical and dental services, psychological evaluation,
counseling , psychiatric evaluation, legal services,
productivity skills capability building, livelihood
assistance, job placement, financial assistance and
transportation assistance.
In instances where it is apparent during preliminary
evaluation that the matter does not involve human
rights violations or issues involving women, the CHR
lawyer, with the approval of the Regional Director (if
the case was filed in the Regional Office) or any of the
Directors of LIO, AVO and WHRC (if filed with the
Central office), as the case may be, shall close the case
and immediately refer it to the government agency or
other concerned entity having primary jurisdiction or
responsibility over the subject matter for appropriate
action, with notice to the complainant or aggrieved
party.
Officers responsible for legal aid services
Legal aid services shall be provided by lawyers
from the Legal Division of the Regional Offices within
their areas of responsibility. However, the Chairperson
or any Member of the Commission, if necessary, may
designate a lawyer from the Central Office or other
Regional Offices to handle a case outside the area of
responsibility.
At the Central Office, lawyers from the Legal and
Investigation Office (LIO), the Women’s Human Rights
Center (WHRC), and the Assistance and Visitorial
Office (AVO) may opt to provide legal services within
their respective areas of expertise. Otherwise, they
shall refer the case to the concerned Regional Office.
Legal aid services may be rendered by lawyers
from a Regional Office or Central Office, even if
it is evident that the case falls within the area of
responsibility of another Regional Office. However,
61 Sec. 30 of 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