Revised Guidelines on the Utilization of the Legal Assistance Fund (LAF)

December 18, 2017

DFA DEPARTMENT ORDER NO. 15-17

 

SECTION 1. Purpose. —

This Department Order is issued to amend Memorandum Circular 7-13 and provide for the revised guidelines, procedures and criteria for the utilization of the Legal Assistance Fund (LAF) for Overseas Filipinos, as provided under Sections 24 to 26 of the Migrant Workers and Overseas Filipinos Act of 1995, or Republic Act No. 8042, as amended by Republic Act No. 10022. CTIEac

SECTION 2. Persons Qualified to Avail of the LAF. —

The LAF may be availed of by any distressed Overseas Filipino, whether documented or not, who is unable to engage the services of private counsel, and who is in a country where there is no system of legal aid or public defenders, or where there is no access to counsel de officio, or any lawyer provided by the foreign host government.

An Overseas Filipino is distressed if he/she is in urgent need of legal services in a criminal case, labor related dispute, immigration case, police case, or other analogous legal proceeding including, among others, actions for tort or civil damages, immigration detention, other detention by foreign government authorities, or other legal proceedings necessary for the Overseas Filipino to enforce his/her rights, protect his/her liberties, or seek redress for injury, as provided under the laws of the foreign host country, under international law, or Philippine law.

Legal assistance to victims of Trafficking in Persons shall be given utmost priority. In this regard, the LAF shall be used for reasonable costs of travel and related expenses to and from countries or jurisdictions where trafficking occurs. This may include food allowances and accommodation for lawyers, case officers, translators, witnesses or for a parent/guardian accompanying a witness who is a minor.

In cases where both adverse parties are Filipinos, the LAF shall be made available to the party who is on a prima facie basis aggrieved or has suffered an injustice, as determined by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs, or the Secretary's duly authorized representative.

SECTION 3. Authorized Use of the LAF. —

The LAF created under the Migrant Workers and Overseas Filipinos Act of 1995 shall be used exclusively to provide legal services as authorized by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs, or the Secretary's duly authorized representative for overseas Filipinos in distress.

Costs for such legal services that may be paid out of the LAF are specified below. These costs shall be determined on a case-to-case basis by the Foreign Service Post and approved by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's duly authorized representative, within reasonable parameters, based on realistic and prevailing market rates, and considering the competence of counsel and the quality of related or incidental services. These disbursements shall follow proper documentation and accounting rules and procedures:

a. Professional Fees, whether time-based or fixed charges, for services rendered by private lawyers abroad including Sharia law practitioners in applicable jurisdictions, or domestic lawyers in the Philippines, as necessary in relation to trafficking, illegal recruitment and related cases such as criminal or police cases, labor-related disputes, and immigration or deportation cases, including those for initial consultation, acceptance fees, appearance fees, legal opinions, pleadings, and translation costs, and in all cases where LAF may be used;

 The maximum rate for class actions may be authorized on a case by case basis. Retainer agreements shall be entered into in Foreign Service Posts where there are high volumes of cases, as determined by the Head of Post and the Undersecretary of Migrant Workers' Affairs.

b. Filing fees, docket fees, court fees, notarial fees, and other necessary administrative charges or costs imposed by courts or tribunals, including immigration penalties.

c. Incidental investigation, litigation, case monitoring, and training related to these, and out-of-pocket expenses incurred by Foreign Service Posts; or

d. the Undersecretary of Migrant Workers Affairs or the Office of Migrant Workers' Affairs, such as transportation and communication expenses, reasonable expenses for food on overtime duty, costs for messengerial services, courier and postage, costs for translation services including the hiring of an interpreter/translator, representation costs, printing and reproduction costs and such other reasonable and related expenses incidental to engaging legal services, including database, case management systems, and the pertinent applications, following proper documentation and accounting rules and procedures.

e. Bail bonds to secure temporary release of Filipinos under detention overseas; provided, that the concerned Philippine Foreign Service Post determines within reasonable parameters that the case is meritorious and that the accused will not abscond.

f. Expenses necessary to secure and preserve documentary or testimonial evidence.

g. Expenses for the protection of witnesses and to ensure their cooperation.

h. Expenses for public information campaigns and paralegal training conducted or sponsored by the Department of Foreign Affairs, to render legal advice to migrant workers or Overseas Filipinos in distress on their legal rights and responsibilities under the laws of their host country, international law, or relevant international conventions.

i. Such other expenses to be determined by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative. SaCIDT

SECTION 4. Prohibited Use of the LAF. —

The LAF shall not be used if, in the initial opinion of competent counsel, or the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative, it appears that the case filed by a distressed Overseas Filipino is merely for harassment or malicious prosecution.

Within reasonable parameters, the LAF may be used for cases on appeal or until the finality of a decision and other services related thereto or, as warranted, for the settlement of civil liability in accidental injury cases, and for negotiations in the settlement of civil damages.

SECTION 5. Procedure for Approval of Application for Legal Assistance and Disbursement of the LAF. —

The Office of the Undersecretary for Migrant Workers' Affairs or Foreign Service Posts shall receive all applications made by Overseas Filipinos and next-of-kin for legal assistance, properly document them, and recommend action on each application to the Undersecretary for Migrant Workers' Affairs within a reasonable period and the shortest time from receipt of the application, which shall be no more than 10 working days.

The Undersecretary shall approve or deny the Post's recommendation, or may require additional information. If the Post is unable to furnish such information, the Undersecretary may send a legal assistance mission to the host country to investigate, make recommendations, and provide the necessary legal assistance to the applicant, as directed by the Undersecretary.

All disbursements out of the LAF shall be subject to approval by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative.

5.1. Requirements for request for disbursement by Philippine Foreign Service Posts. Requests for disbursement of the LAF made by Post for payment of lawyer's fees, bail bonds, court fees and other necessary or incidental expenses shall not be approved unless supported adequately by documents that justify the amount requested. The determination of the reasonable amount to be granted to Post rests on the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's authorized representative, after careful and thorough evaluation of the request and its supporting documents.

5.2. Reports on Disbursements. The Philippine Foreign Service Post concerned shall submit a report on the actual use of the LAF to the Undersecretary for Migrant Workers Affairs and Office of Financial Management Services (OFMS) within fifteen (15) working days upon receipt of the authority to disburse the amount requested. The reporting requirements shall be a prerequisite to the approval of subsequent LAF requests.

 The Undersecretary shall report to the OFMS the balances of unused LAF in the pertinent reporting period.

 The OFMS shall make a weekly report of disbursements, which should include the status of funds, itemized expenditures and list of beneficiaries charged against the LAF.

5.3. Requirements for Procurement. All disbursements for LAF shall be subject to existing accounting and auditing rules and regulations. In accordance with existing regulations on the procurement of services and as a matter of good internal control, proposals for disbursement should be accompanied by at least three (3) quotations from qualified and independent providers.

SECTION 6. Interpretation. —

In case of conflict in the interpretation of the provisions of this Department Order, the opinion of the Undersecretary for Migrant Workers' Affairs shall prevail, or that of the Secretary of Foreign Affairs or the Secretary's authorized representative.

SECTION 7. Supplementary Funding. —

In appropriate cases and as determined by the Undersecretary for Migrant Workers' Affairs, the Secretary of Foreign Affairs or the Secretary's duly authorized representative, the LAF shall be supplemented by the Assistance to Nationals Fund, subject to proper documentation and accounting procedures.

SECTION 8. Grievance Procedure. —

In case of the inability of Post to address applications for legal assistance to provide satisfactory legal assistance in meritorious cases, or to make regular or requested reports and updates to the Undersecretary for Migrant Workers' Affairs within a reasonable period, the Undersecretary, motu proprio or upon a complaint from the public, shall send a legal assistance mission to the host country to investigate the circumstances of the complaint, make necessary recommendations and acquire or directly provide the necessary legal assistance to the distressed Overseas Filipino. The administrative costs, allowances and other incidental costs of the mission shall be sourced from the LAF as provided under Section 3 of this Order.

SECTION 9. Repealing Clause. —

All previous guidelines on the utilization of the LAF issued by the Department of Foreign Affairs inconsistent with this Department Order are hereby rendered ineffective. cHECAS

SECTION 10. Separability Clause. —

If any provision of this Department Order or part thereof is declared by competent authority to be unconstitutional or contrary to law, other provisions not covered by such declaration shall continue to be in full force and effect.

SECTION 11. Effectivity Clause. —

This Department Order shall take effect fifteen (15) days after the completion of its publication in two (2) newspapers of general circulation.

Date: December 18, 2017

Issued by:

(SGD.) SARAH LOU Y. ARRIOLAUndersecretary for Migrant Workers' Affairs

Approved by:

(SGD.) ALAN PETER S. CAYETANOSecretary of Foreign Affairs