Community Based Paralegalism in the Philippines

Community-based paralegalism has been active in the Philippines for the past 30 years, and yet its contribution to access to justice and the advancement of the rights and entitlements of the poor has been largely undocumented. This paper attempts to provide a framework study on the history, nature, and scope of paralegal work in the Philippines, based on the experience of 12 organizations that are active in the training and development of community-oriented paralegals. The study first provides a working definition of a community-based paralegal, and then examines the work of paralegals, their systems of accountability or lack thereof, and issues regarding recognition by the state and civil society actors. It also explores facilitating and hindering factors that aid or impinge upon the paralegals effectiveness. A major contributor to the work of paralegals was the democratization process after the overthrow of the dictatorship of Ferdinand Marcos and the continuing evolution of legal rights spurred by the relatively progressive constitution ratified in 1987. Three dimensions of paralegal s work are identified and explored, namely, building rights awareness, settling private disputes, and increasing state and corporate accountability. The study ends with conclusions and recommendations with regard to sustainability, monitoring and evaluation, funding, and the prospects for paralegal work over the long term.

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Bibliographic Details
Main Authors: Franco, Jennifer, Soliman, Hector, Roda Cisnero, Maria
Format: Working Paper biblioteca
Language:English
en_US
Published: World Bank, Washington, DC 2014-02-07
Subjects:ABUSES, ACCESS TO JUSTICE, ACCESS TO LEGAL SERVICES, ACCOUNTABILITY, ACTIONS, ACTIVE INVOLVEMENT, ADJUDICATION, ADJUDICATORS, ADMINISTRATION OF JUSTICE, ADVOCACY, AFFIDAVITS, APPLICABLE LAW, ASIAN STUDIES, AUTHORITY, CIVIL RIGHTS, CIVIL SOCIETY, CIVIL SOCIETY ORGANIZATION, CIVIL SOCIETY ORGANIZATIONS, COLLAPSE, COMMUNITY LEGAL EDUCATION, COMPENSATION, COMPLAINT, CONCILIATION, COPYRIGHT, CORRUPT, CORRUPT PRACTICES, COURT, COURTS, CRIMINAL, CRIMINAL JUSTICE, CUSTOMARY LAW, CUSTOMARY PRACTICES, DETAINEE, DETAINEES, DISCRIMINATION, DISCRIMINATION AGAINST WOMEN, DISPUTE RESOLUTION, ECONOMIC REFORM, ELECTION, ELECTION TIME, EMPOWERMENT, ENVIRONMENTAL LAW, ENVIRONMENTAL LEGISLATION, ENVIRONMENTAL PROTECTION, EUROPEAN UNION, EXECUTIVE BRANCH, GENDER, GENDER BIAS, GOOD GOVERNANCE, GOVERNANCE ISSUES, GOVERNMENT LAW, GOVERNMENT OFFICIALS, HARASSMENT, HOME, HUMAN RIGHTS, HUMAN RIGHTS LAW, HUMAN RIGHTS PRINCIPLES, HUMAN RIGHTS STANDARDS, HUMAN RIGHTS VIOLATIONS, HUSBAND, IMPLEMENTATION OF LAWS, INDIGENT LITIGANTS, INFORMAL INSTITUTIONS, INITIATIVE, INSTITUTIONALIZATION, INTEGRITY, INTERNATIONAL DEVELOPMENT, INVESTIGATIONS, JUDGE, JUDGES, JUDICIAL INSTITUTIONS, JUDICIARY, JURISPRUDENCE, LABOR UNIONS, LAND DISPUTES, LAND OWNERSHIP, LAW ENFORCEMENT, LAW ENFORCEMENT AGENCIES, LAW FIRMS, LAW OFFICES, LAW REFORM, LAW SCHOOLS, LAW STUDENTS, LAWS, LAWYER, LAWYERS, LEGAL ADVOCACY, LEGAL AID, LEGAL ASSISTANCE, LEGAL EDUCATION, LEGAL FRAMEWORK, LEGAL INFORMATION, LEGAL INSTITUTIONS, LEGAL LITERACY, LEGAL PROCEDURE, LEGAL RESPONSIBILITY, LEGAL RIGHTS, LEGAL SERVICE, LEGAL SERVICES, LEGAL STATUS, LEGAL TRAINING, LEGISLATION, LEGITIMACY, LIBERTY, LOBBYING, MARTIAL LAW, MEDIATION, MINISTRIES OF JUSTICE, MUNICIPAL GOVERNMENT, NATIONAL LAWS, OFFENDER, OFFENSE, PATRONAGE, POLICE, POLITICAL CHANGE, POLITICAL RIGHTS, POLITICIAN, PRACTICE OF LAW, PRISONS, PRIVACY, PRIVATIZATION, PROFESSIONALS, PROPERTY RIGHTS, PUBLIC INFORMATION, PUBLIC INTEREST, PUBLIC OFFICIAL, RAPE, REMEDY, REPRESENTATIVES, REPRESSION, RIGHT TO PRIVACY, RULE OF LAW, SANCTION, SEPARATION OF POWERS, SOCIAL CHANGE, SOCIAL JUSTICE, SOCIAL STRUCTURES, STATE LAW, TRIAL, VIOLATIONS, VIOLENCE, VIOLENCE AGAINST WOMEN, WILL, WOMAN,
Online Access:http://documents.worldbank.org/curated/en/2014/02/24124586/world-bnpp-governance-community-based-paralegals-demand-good-governance-community-based-paralegalism-philippines-social-movements-democratization
https://hdl.handle.net/10986/21724
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Summary:Community-based paralegalism has been active in the Philippines for the past 30 years, and yet its contribution to access to justice and the advancement of the rights and entitlements of the poor has been largely undocumented. This paper attempts to provide a framework study on the history, nature, and scope of paralegal work in the Philippines, based on the experience of 12 organizations that are active in the training and development of community-oriented paralegals. The study first provides a working definition of a community-based paralegal, and then examines the work of paralegals, their systems of accountability or lack thereof, and issues regarding recognition by the state and civil society actors. It also explores facilitating and hindering factors that aid or impinge upon the paralegals effectiveness. A major contributor to the work of paralegals was the democratization process after the overthrow of the dictatorship of Ferdinand Marcos and the continuing evolution of legal rights spurred by the relatively progressive constitution ratified in 1987. Three dimensions of paralegal s work are identified and explored, namely, building rights awareness, settling private disputes, and increasing state and corporate accountability. The study ends with conclusions and recommendations with regard to sustainability, monitoring and evaluation, funding, and the prospects for paralegal work over the long term.