#upcebu

Being an intern at the Humanitarian Legal Assistance Foundation (HLAF) has got to be one of the most exciting and most fulfilling experiences I have ever had in my life. With my one-month stay in the organization, I got to participate in jail visits and case consultations and go to courts for case follow-ups. I even had the opportunity to attend Kumustahan 2018 and meet and take pictures with distinguished guests. However, for me, the most memorable (and my favorite) part of the internship has to be the jail visits.

Through these visits and the succeeding case consultations, I have the opportunity to hear the other side of the story. The media may portray them in the harshest light, but their perspective on what happened reminded me that they too, are just ordinary people who had ordinary lives, dreams, jobs and aspirations before their arrest. Despite their bad reputation, they deserve and are entitled to the same type of justice bestowed to everybody else. Their crimes do not negate their right for a fair and just trial and certainly not their right to be treated decently.

Through the case consultations, I have witnessed first-hand just how inefficient and slow the country’s justice system is. In the countless interviews we have conducted, the recurring problems seems to have something to do with the system itself. It is either that these PDLs have no schedule set for their next meeting and/or hearings always get rescheduled due to absences from either the judge/prosecutor/lawyer/complainant.

As we all know, the Philippine judiciary is not only terribly understaffed but also overworked. However, prior to HLAF, I did not understand just how understaffed and how overworked they were. In one of our jail visits, it was mentioned that a PAO lawyer handles about 500 cases daily. With that many cases, a lawyer cannot possibly attend to them all, let alone properly defend their client. On the other hand, judges are also scarce. As I have mentioned above, most of the prisoners’ hearings are suspended and rescheduled at a later date as the judge/ lawyer/ prosecutor attends a seminar/convention/etc. Furthermore, their job rotations also affect the process. A number of PDLs have cited that their cases have not been given attention since their old judge and/or PAO lawyer has been assigned to another branch. This further slows down the process as the new judges and lawyers have to orient themselves on the cases they are now handling.

A problem also exists in the rehabilitation treatment. Some PDLs have waited for months just to go the rehab centers; however, they are unable to do so since these centers are already full. Another problem also exists in information dissemination. Take for example, the new guidelines regarding the plea bargaining for cases under RA 9165. According to the PDLs, some judges and lawyers do not even know that plea bargaining is already available. Moreover, some court branches are selective in granting their plea bargaining. For example, court branch A accepts the plea bargain of the accused charged for violating section 14 of RA 9165. However, the PDL’s co-accused whose case is assigned in court branch B was denied of the plea bargain despite having the same case. As a result, PDL A is already free while PDL B remains in jail.

However, despite the slow and inefficient process, HLAF tirelessly does its best in their job. As I have mentioned in one journal entry, HLAF has three programs- Jail Decongestion (JD) program, Focused Reintegration of Ex-Detainees (FRED) program and lastly, the Center for Restorative Action (CRA) program. In the JD Program, HLAF is exerting its very best to release as many PDLs they can and free up jail space. On the other hand, HLAF’s FRED program assists soon-to-be-released PDLs by equipping them with values and life skills that can help them in their lives upon and after release. Moreover, the CRA program is an avenue to uphold the Juvenile Justice and Welfare Act (JJWA) and is mostly concerned with cases involving Children in Conflict with the Law (CCL). With this, HLAF has conducted countless forums, symposiums, and trainings in various barangays and communities.  

As one can see, these are all time-consuming programs. Being their intern, I can certainly say HLAF’s jobs are no joke. However, I understand why the organization still tirelessly continues their advocacy. Through these programs, HLAF is able to reach out and make a difference in the lives of these people. Their smiles and their messages of thanks are more than enough. Hence, I am absolutely thankful for HLAF for accepting me to be one of their interns. It was such a surreal and wholesome experience. The JD team as well as my fellow interns have certainly taught me a lot regarding the country’s justice system. Because of them, I was able to go to courts and experience case follow-ups. I got to interact with government employees who answered all of my queries. I got to see the reality of the country’s jail situation and learn a lot regarding the law and judiciary process. I was able to talk with numerous PDLs and hear tons of stories. Most of all, I was given the opportunity and the avenue to give back and serve the people.

Monday (July 16, 2018)

           Our second to the last day was spent in Manila City Jail- Male Dormitory for a scheduled case consultation. Unlike previous jail visits, the case consultations were only done in the jail’s paralegal office. PDLs whose cases need attention were called from the jail. The JD team was composed of ADMU Law interns, Mr. Ville Magbuhos and our newest addition to the group, Ms. Bianca; DLSU Law interns, Ms. Christianne de Vera and Mr. Francis Bautista; UA&P Law intern, Mrs. Jermae Elnar; and of course, Val and I. We were supervised and accompanied by Kuya Itoy. We were assisted by the jail’s paralegal officer, blah blah blah.

           In the middle of the case consultation, I could not help but feel a bit sad at the thought of our last day tomorrow. This will be the last time I would visit a jail and conduct a case consultation. This would be the last day I spent with my co-interns whom I already consider as my friends. Despite missing Cebu, I could not help but feel reluctant going home. There were still so many things that I wanted to do while in HLAF. Moreover, I will surely miss my fellow interns and the rest of the JD team, especially spending time with them in the activities lined up.

           But what can I say, our time is done.

Tuesday (July 17, 2018)

           This was it. Our wholesome and fruitful summer was already at a close. Honestly, I was a bit sad that we had to go. Undeniably, this had to be my best and most fulfilling summer yet. I was having so much fun that I did not notice the weeks flying by. Everyday was a new adventure, a new chance to learn from the HLAF staff, my fellow interns and the PDLs and jail officers. Yet, all good things will always have to come to a close. The show will sadly have to end.

           I cannot even begin to express how thankful I am to HLAF for accepting me as one of their interns for the summer. I have learned so much and gained so much experience from my 200-hours internship. I have visited jails and talked with what society would consider “scary people” and listened to their own accounts on what happened. I have walked through courts and taken numerous pictures of the places we have visited. Most importantly, I have met and worked with a lot of amazing and unforgettable people who each have left their own impact in my life.

Working in the organization has really put some things in perspective. For example, HLAF has further strengthened my interest and desire in working with NGOs and/or applying for the PAO once I become a lawyer. Since I have witnessed and experienced first-hand just how flawed the criminal justice system is, I think it is only right that I will do my part in improving it. These options seem like the best way to achieve it.

While I am sad that we had to go, I know that this will only be temporary. I definitely would want to work with HLAF again. In fact, Valerie and I have already made plans to volunteer if ever we have the spare time. Who knows, we might even apply for another internship sometime in the future.

But for now, goodbye HLAF! This internship will always hold a special place in my heart and for that, I thank you.

           This has been Jia Villarin, incoming fourth-year student of BA Political Science and former HLAF JD intern signing off from her internship filled with nothing but good memories and insights.

           Till next time!

Monday (July 9, 2018)

           The work week opened with a jail visit to Quezon City Jail- Male Dormitory. Here, my UDM friends, Miggy, Nikki and Jessa, were to conduct their first session of FRED seminars in the said jail under the supervision of Ms. Carmelita Torrefiel, Center for Restorative Action’s (CRA) Community Organizer. While this may be one of the projects of HLAF’s FRED program, some members of the JD team were invited to give a discussion. The JD team was composed of DLSU Law intern, Ms. Christianne de Vera; ADMU Law intern, Ms. Alexa Dabao; and yours truly.

           As I have mentioned in one of my previous journal entries, HLAF’s FRED program assists soon-to-be-released PDLs by equipping them with values and life skills that can help them in their lives upon and after release. What my friends are doing now in QC Jail- Male Dorm is what the FRED program calls as the junior phase. Here, they will help these PDLs reconcile with themselves and as what Miggy said, “heal what is broken inside”. To do this, a values formation seminar will be held every Monday at 10:00 AM. When these PDLs are finally released, the FRED program then launches the senior phase wherein they are taught how to re-integrate back into society. Again, a seminar will be held every Monday at 10:00 AM.

Aside from that, the FRED program also gives out a cash grant of P500 to help them in their new life. All the PDL has to do is to attend every seminar which is held for 10 Mondays. Once the sessions are over, HLAF then gives the money to the PDL.  

           The team arrived onsite at approximately 9:30 AM. However, the seminar was only able to start at 10:15 AM as preparations were still done. JD Law interns, ate Jermae and ate Alexa discussed the Rights of the Accused and Modes of Release respectively. Ate Cha was supposed to discuss on Good Conduct and Time Allowance (GCTA); however, was unable to do so due to time constraints. I, on the other hand, was given the task of writing the minutes of the program and to give assistance to whoever may need it.

           While the JD’s case consultations and PLT seminars were fun and interesting, the FRED program was another thing entirely. Through the case consultations, we had the opportunity to talk with the PDLs and help them with their legal problems; however, the FRED program gave us the chance to fully know these people and interact with them. The UDM interns were lucky as after the first meeting, they were to divide the PDLs among themselves and conduct the sessions. This meant spending more time with them. Since it was their first meeting, Miggy facilitated a getting-to-know-you (GTKY) activity with the PDLs. It was quite fun and enjoyable as the PDLs and interns alike took turns in introducing themselves and presenting their talent to the group.  

           Honestly, it was a heartwarming sight. I can tell that the PDLs were enjoying the seminar a lot judging by their laughs and the huge smiles on their faces. As I have written in a prior journal entry, many of us forget that these PDLs are people. They too had their own lives, families, jobs, dreams and aspirations in life. However, many of us forget that fact and just reduce them to the crime/s they have committed. HLAF is really remarkable since they do not only help these PDLs in gaining back their freedom, but they also help them prepare for their release as well as reintegrate back to society. They know that being arrested and going to jail takes a huge toll on a person and through the FRED program, they help these PDLs slowly gain back their identities. Moreover, the FRED program also tries its best to prevent these PDLs from returning to jail via the values seminar and advices they give.

           HLAF truly is very admirable in their efforts! Kudos to HLAF!

Tuesday and Wednesday (July 10, 2018 and July 11, 2018)

           Seeing as our internship was almost over, our Tuesday and Wednesday were once again, days we dedicated to finishing our remaining assigned tasks. The usual letters and activity reports were made and documents were kept. Aside from those, seeing as the 2nd quarter Kumustahan is almost near, Kuya Melvin and Kuya Itoy have given us tasks regarding those. Documents were retyped, certificates were edited and printed, tarps were designed, etc.

           Aside for these stuff, both were pretty much quiet days.

Thursday (July 12, 2018)

           Thursday was our 2nd jail visit to Malabon City Jail. Again, in light of the Paralegal Aides (PLAides) training, the JD interns were to hold a PLT seminar for the jail’s fourth scheduled meeting. The seminar started at 10:05 AM with a prayer led by one of the male PDLs and then followed after by a short introduction from Mr. Alfredo Alaras. The flow of the program for the day was: 1) Modes of Release; 2) Plea Bargaining; 3) Good Conduct and Time Allowance (GCTA). The first topic was done by ADMU Law interns, ate Alexa Dabao and ate Hazel Tolentino. UA&P Law intern, ate Jermae Elnar then followed with the discussion on Plea Bargaining. However, due to time constraints, only these two topics were discussed. The GCTA discussion was moved to the next PLT session.

           The Plea Bargaining discussion of Ate Jermae was the one the PDLs were looking forward to the most. Due to the recent availability of plea bargaining to RA 9165 cases, the PDLs wanted to know if it was applicable in their cases. It was quite a funny sight as the PDLs have all gathered to the front and one can really tell that all eyes and ears were on the PPT and Ate Jermae as she began her talk. In my previous journal entry, I have only mentioned that the plea bargaining is available to Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals), Section 11 (Possession of Dangerous Drugs) and Section 12 (Possession of Equipment, Instrument, Apparatus and Other Paraphernalia). However, the DOJ has recently released a new set of guidelines for the plea bargaining last June 26, 2018. Under these guidelines, plea bargaining can be applied to sections 5,7, 11,12,13, 14 and 91.

           For Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals), plea bargaining is allowed if the drug sold is less than 5 grams for shabu and less than 300 grams for marijuana. Any amount beyond those quantities will disqualify the PDL from availing the plea bargain. With the plea bargaining, the case will be converted to Section 11 (Possession of Dangerous Drugs) which is penalized by a minimum of 12 years and 1 day to a maximum of 20 years. Fines will be reduced from P500K-P10M to P300K-P400K.

           For violators of Section 7 (Employees or Visitors of Den, Dive or Resort), plea bargaining is only allowed if the accused is charged as the visitor of a drug den. After that, the case can either be converted to Section 12 (Possession of Equipment, Instrument, Apparatus and Other Paraphernalia) which has a penalty of 6 months and 1 day to 4 years and has a fine of P10K-P50K or to Section 15 (Use of Dangerous Drugs) which has a penalty of 6 months treatment and rehabilitation for the first offense and 6 months and 1 day to 12 years for the succeeding offenses. It also has a fine ranging from P50K-P200K to repeat offenders.

           Plea bargaining for Section 11 (Possession of Dangerous Drugs) is only available if the drug possessed is less than 5 grams for shabu, opium, morphine, heroin, and cocaine and less than 300 grams for marijuana. Case will then be converted to Section 12 which has a penalty of 6 months and 1 day to 4 years and a fine around P10K-P50K.

           Section 12 (Possession of Equipment, Instrument, Apparatus and Other Paraphernalia) will be converted to a Section 15 under the plea bargaining. For the 1st offense, the penalty will only be 6 moths treatment and rehabilitation. For the succeeding offenses, penalty will be from 6 months and 1 day to 4 years and has a fine from P50K-P200K.

           In the old journal entry, violators for Section 13 (Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings) cannot avail of the plea bargaining. However, under the new guidelines, they can if the drug possessed weighed less than 5 grams for shabu, opium, morphine, heroin, cocaine and less than 300 grams for marijuana. It will then be converted to a Section 11 and has a penalty of 12 years and 1 day to 20 years and has a fine from P300K-P400K.

           Section 14 (Possession of Equipment, Instrument, Apparatus and Other Paraphernalia During Parties, Social Gatherings or Meetings) can be converted to Section 15 under the new guidelines. For the 1st offense, penalty is only 6 months in rehabilitation while succeeding offenses has a penalty of 6 years and 1 day to 12 years and a fine ranging from P50K-P200K.

           For Section 91, par.1 (Responsibility & Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witness in Dangerous Drugs Cases), plea bargaining will convert it to Section 91, par 2. Penalty ranges from 2 months and 1 day to 6 years. A fine ranging from P10K-P50K is required.

Sure enough after the discussion, questions were asked left and right. Luckily enough, Ate Jermae and the rest of us were able to answer all of their queries. The relief in their eyes after hearing the new guidelines are forever etched in my memory. Others could not help but smile at the thought of being able to gain back their freedom.

While the work HLAF does is certainly tiring but I think I understand why the organization still keeps on doing it. Helping these people and seeing the smiles on their faces just makes everything worth it. The “salamat pos” they give, and while I do not deserve them, absolutely warms my heart. More importantly, I feel happy that I was able to play even just a small part in their path to gaining back their freedom. Again, thank you HLAF.

Friday (July 13, 2018)

On Friday, we (Valerie, Kuya Ville and I) were tasked to accompany Kuya Itoy, Kuya Melvin, Kuya Fred and Atty. Aubree with their meetings in BJMP NCR and BJMP National HQ. These meetings concern the upcoming 2nd Quarter Kumustahan that is scheduled on July 18, 2018.  

The first meeting was with CINSP Marizens Sese whom we have earlier met when we first started our internship. Coincidentally, our first meeting with her also concerns the Kumustahan. The meeting lasted from 8:00 AM- 10:00 AM. In this meeting, Kuya Itoy, Kuya Melvin and Atty. Aubree have already settled the issues regarding the upcoming event.

           After lunch, Kuya Itoy had to separate from the group since he had cases to follow-up at the Caloocan Courts. Similarly, Kuya Fred also had to break away since he had a prior engagement. Thus, only the five of us remained. We travelled all the way to BJMP NHQ and met with JSUPT Edwin Badilla Riel, DSC who was current Director of the Directorate for Inmates Welfare and Development. Like the first meeting, Kuya Melvin and Atty. Aubree also settled and discussed the necessary information with JSUPT Riel regarding the upcoming Kumustahan.