BEST PRACTICES AND

EXPERIENCES IN LEGAL AID

THE NARRATIVE OF A CAVITE
LEGAL AID LAWYER
Ian dela Cruz Encarnacion
Chairman, IBP Cavite Committee on Legal Aid
Executive Director, Legal Aid Office
 3,678,301 people live in Cavite, the most populous province in the Philippines.
(2015)
 2,300 persons per square kilometer, the second most dense province in the
Philippines. (2015)
 IBP Cavite Chapter has 1,097 members as of May 2019. With 42 new lawyers,
membership has increased to 1,139 lawyers. There is 1 lawyer for every 3,229
persons, higher than the national average of 1 lawyer for every 2,500 persons
est. (2016).
 IBP Cavite has 286 active litigation cases in various courts and administrative
agencies (as of July 31, 2019). It is handled in different numbers by 18
volunteer legal aid lawyers.
 IBP Cavite Legal Aid Office unofficial policy limits the case load per lawyer at
5 cases per lawyer.
 CLAS 2018 has 30 newly admitted members. CLAS 2019 has 42 newly
admitted members.

SITUATIONER
 There are eight (8) cities/municipalities with existing Regional Trial
Courts: Cavite City (3); City of Bacoor (2); City of Imus (3); City of
Dasmarinas (1); Carmona (1); Naic (1); Tagaytay City (3); and Trece
Martires City(1).
 There are 28 newly appointed Regional Trial Court Judges, with 24 of
them for the newly created courts in Bacoor, Imus, Dasmarinas,
Trece Martires, Naic, and Tagaytay City.
 Almost all municipalities have courts except Amadeo (circuited with
Silang), Bailen (circuited with Alfonso), Mendez-Nunez (circuited with
Indang), and Ternate and Magallanes (circuited with Maragondon).
 There are 7 newly appointed Municipal Trial Court Judges for Cavite,
with 5 of them for the newly created branches for the city courts in
Bacoor, Imus, and Dasmarinas.

CAVITE’S COURT INFORMATION

 There are 6 private practicing lawyers with offices in Cavite City.
Population: 102,806 (2015).
 There are 2 private practicing lawyers with offices in Noveleta.
Population: 45,846 (2015).
 There are 5 private practicing lawyers with offices in Rosario.
Population: 110,706 (2015).
 There are 7 public attorneys in Cavite City District Office handling
Cavite City-Noveleta-Rosario Areas. Population: 259,358 (2015)
 Total lawyer to people ratio: 1 lawyer : 2,968 persons.
 Total private lawyer to people ratio: 1 lawyer : 19,951 persons
 Total public attorney to people ratio: 1 lawyer : 37,051 persons
 Regional Trial Court Branch 16, Cavite City has 875 cases
 Regional Trial Court Branch 17, Cavite City has 406 cases
 Regional Trial Court Branch 88, Cavite City has 1,454 cases
 Municipal Trial Court in Cities Branch 1, Cavite City has 40 cases
 Municipal Trial Court in Cities Branch 2, Cavite City has 50 cases
 Municipal Trial Court, Noveleta, Cavite has 45 cases
 Municipal Trial Court, Rosario, Cavite has 85 cases

INVENTORY OF COURT CASES

 Lack of Lawyers in Far-flung or Non-Core Areas (Maragondon,
Alfonso, Magallanes, Bailen, Carmona, GMA, Ternate)
 High Case Load in Developing Core Areas (Bacoor, Imus,
Dasmarinas, Trece Martires City)

CHALLENGES OF IBP CAVITE

 Tandem Lawyering
 Mediations / Compromises
 Environmental Lawyering
 OFW Assistance Desk
 Tandem Lawyering led to the acquittal of two persons accused of
concubinage. Atty. GCLP handled the defense of the husband,
while Atty. ICE handled the defense of the concubine. The cases
against the accused were dismissed after the Municipal Trial Court of
Rosario, Cavite granted the demurrer to evidence.
 Tandem Lawyering also led to the dismissal of human trafficking
charges against three accused by the Regional Trial Court of
Dasmarinas City. Atty. NRC handled the defense of the mother,
while Atty. HFB handled the case for the eldest daughter. Their co-
accused was represented by the Public Attorneys’ Office.
 Tandem Lawyering also led to the dismissal of two cases against an
accused: Atty. BFT handled the violence against women case
before the Regional Trial Court of Naic, Cavite, while Atty. ICE
handled the falsification charge before the Municipal Circuit Trial
Court of Alfonso, Cavite. Dismissal of falsification charge led to the
compromise of the VAWC case by the private complainant.

#ACQUITTALSBYIBP
 A ten year old accion publiciana case against several informal
settlers along Manila-Cavite Road, Noveleta, Cavite was
dismissed upon motion by Atty. ICE for failure of the plaintiff to
appear 5 times during the pre-trial conferences. IBP Cavite
entered its appearance when the lawyer for the defendants was
disbarred by the Supreme Court.
 A petition for the issuance of the TPO and later PPO was denied
by the Family Court of Imus City, when Atty. RCB cross-examined
the petitioner, and it was later found that it was due to the
petitioner’s fault that the defendant lost his job. Atty. RCB and
Atty. ICE are also the counsel of the defendant in his RA 9262
cases before the same court.

#DISMISSALSBYIBP
 The owner of an agricultural land has filed a petition with the
Municipal Circuit Trial Court of Maragondon-Ternate-Magallanes for
ejectment of the tenants. Atty. MCD represented the tenants and
advocated compromise. The case was dismissed upon joint motion
of the parties.
 An OFW working in Doha, Qatar was charged with violation of RA
9262 before the Office of the City Prosecutor of Dasmarinas City. IBP
represented the respondent and mediated a settlement with the
complainant. The case was dismissed.
 A Jollibee crew has not seen his natural son for 2 years because his
former live-in partner refused to allow him to exercise his visitorial
rights until he give proper support. Atty. WSR and RCL handled this
tandem case, with the former filing a petition before the Regional
Trial Court of Trece Martires for visitation rights recognition. Atty. RCL
mediated between the parties. A joint motion to approve
compromise was ratified by the Acting Presiding Judge.

#PINAGKASUNDOBYIBP
 IBP Cavite is an active participant in the Manila Bay Coastal Clean-
up and the NEAT Committee is in charge of the monitoring LGU
compliance. Leads are Atty. KSR, JRG, ICE, and RCFP.
 Attys. LQS, AGE, IAA, FTY, ADI, and GCLP has participated in the
yearly mangrove planting in Noveleta, Cavite and in the Las Pinas-
Paranaque Critical Habitat and Ecotourism Area (LPPCHEA).
 IBP Cavite is assisting several informal settler communities incorporate
community housing associations for community mortgage programs
to resettle them from declared permanent danger zones and Manila
Bay Tributaries. Lead is Attys. KSR, JRG, and ICE.

#ABUGADOPARASAKALIKASAN
 IBP Cavite is the partner of the POEA and the OWWA for legal aid
concerns of OFWs in distress in the Province of Cavite.
 Atty. ICE is assisting two OFWs in Baghdad, Iraq with cases
pending before the POEA for contract violations. The cases were
referred through Twitter by Secretary Teddy Boy Locsin and
Ambassador Elmer F. Cato.
 IBP Cavite is scheduled to conduct a legal aid mission in Macau,
SAR and Guang Zhou this October.

#ABUGADOPARASABAGONGBAYANI
MARAMING SALAMAT.
ibpcavite@yahoo.com.ph
info@encarnacionlaw.net