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

April 5, 2019

DFA DEPARTMENT ORDER NO. 07-2019

REVISED GUIDELINES ON THE UTILIZATION OF THE LEGAL ASSISTANCE FUND (LAF)

SECTION 1. Purpose. —

This Department Order prescribes the revised guidelines and criteria for the utilization of the Legal Assistance Fund (LAF) for Overseas Filipino, 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.

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

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 may avail himself/herself of the LAF.

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 liberty, or seek redress for injury, as provided under the laws of the foreign host country, under international law, or Philippine law. Distressed Overseas Filipinos charged with an offense punishable by death or life imprisonment shall be immediately provided with private legal assistance/legal counsel at the first instance.

Legal assistance to victims of trafficking in persons shall be given utmost priority. The LAF shall be used for reasonable costs of travel and 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 parties to a case 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 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 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, accomplishment and performance, 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, or whether a one-time or continuing disbursement, for services rendered by private lawyers abroad including Sharia practitioners in applicable jurisdictions, as engaged by or through Foreign Service Posts, 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, translation costs, and other litigation expenses, 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 subject to the existing rules and regulations;

b. Filing fees, docket fees, court fees, notarial fees, and other charges or costs imposed by courts or tribunals, including immigration penalties, and on a case by case basis, fines and civil judgments;

c. Incidental investigation, litigation, case monitoring, and training related to these, and out-of-pocket expenses incurred by Foreign Service Posts or the Office of Migrant Workers' Affairs, such as travel and communication expenses, 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 systems, case management systems and related applications, following proper documentation and accounting rules and procedures;

d. 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;

e. Expenses necessary to secure and preserve documentary or testimonial evidence;

f. Expenses intended for the protection of witnesses and to ensure their cooperation, except those properly chargeable against the Department's confidential fund.

g. Expenses for public information campaigns and paralegal training conducted or sponsored by the Department of Foreign Affairs, to render legal rights and responsibilities under the laws of their host country, international law, or relevant international conventions;

h. Such other expenses as determined by the Secretary of Foreign Affairs or his/her duly authorized representative.

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, or the Secretary of Foreign Affairs, or the Secretary's authorized representative, it appears that the case filed by a distressed Overseas Filipino is frivolous, unmeritorious, or intended 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. Requests for Assistance. —

The Office of the Undersecretary for Migrant Workers' Affairs (OUMWA) shall act on all requests for assistance necessitating utilization of the LAF, which have been referred or endorsed by the Foreign Service Posts, Consular Offices, relevant Department Offices including the Office of the Secretary, and other government offices.

OUMWA shall likewise act on all requests filed personally by distressed Overseas Filipinos or through their next-of-kin, whether said request is made orally or in writing, signed or unsigned, verified or not verified or in any other form like social media posts, video messages or text messages, and favorably endorse the same to the Secretary, if warranted.

Should a request warrant the utilization of the LAF upon determination of OUMWA, it shall thereafter endorse the approval of said utilization to the Secretary of Foreign Affairs pursuant to Section 6 of this Department Order.

In compliance with its duties under this Section, OUMWA shall, in coordination with the Management and Information Systems Division, establish a comprehensive database and tracking system, to effectively monitor all requests received by the Department, including the status of the request and whether or not the same has been approved or disapproved.

SECTION 6. Approving Authority. —

The Secretary of Foreign Affairs shall be the sole approving authority for all funding requests for the utilization of the LAF.

In urgent cases and during the unavailability of the Secretary of Foreign Affairs, his/her duly authorized representative shall be the approving authority for the utilization of the LAF.

SECTION 7. Procedure for Disbursement and Reporting Requirements. —

The Secretary of Foreign Affairs shall issue the appropriate Memorandum Circular jointly drafted by the OUMWA, the Office of Fiscal Management Services (OFMS), Human Resources Management Office (HRMO), Office of Treaties and Legal Affairs (OTLA), and in consultation with Foreign Service Posts, Consular Offices and other relevant offices of the Department, outlining the parameters and procedures for the disbursement of LAF in Foreign Service Posts and Consular Offices and in the Home Office, including the applicable reportorial requirements upon disbursement of the LAF.

SECTION 8. Interpretation. —

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

Opinions of the Secretary of Foreign Affairs or his/her duly authorized representative on such matters shall be compiled or codified to ensure consistency in the future application and interpretation of the provisions of this Order.

SECTION 9. Supplementary Funding. —

In appropriate cases and as determined by 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 10. Repealing Clause. —

Department Order No. 15-2017 and all previous issuances by the Department of Foreign Affairs on the utilization of the LAF, which are inconsistent herewith are hereby deemed superseded or modified accordingly.

SECTION 11. Separability Clause. —

If any provision of this Department Order is declared by competent authority to be invalid, unenforceable, or contrary to law, the remaining provisions hereof shall not in any way be affected or impaired thereby and shall continue to be in full force and effect.

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

Pasay City, April 5, 2019.

(SGD.) TEODORO L. LOCSIN, JR.Secretary of Foreign Affairs