Free Access to the Courts

Free Access to the Courts

      Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

   The time-honored doctrine that the dispensation of justice for all, regardless of creed or color, rich or poor is embodied in this constitutional mandate. Accordingly, any person no matter how poor he may be cannot be legally-

            a) denied of access to judicial or quasi-judicial bodies
            b) as well as adequate legal assistance

   But there are government requirements which by reason of poverty,  a person may be denied access to the courts for the protection of his life, liberty, or property. The requirements of paying docket fees in filing of pleadings or service thereof; securing copies of the necessary government documents, or transcripts of records may be excessive that the party concerned may not be able to exercise his right of access to the courts or adequate legal assistance. For instance, low salaried employees, domestic servants and laborers who, in order to collect their salaries which their employers refuse or delay payment therefore, may have to resort to courts for their enforcement and yet, may not have the means to pay such filing fees, sheriff's fees or attorney's fees.

   Of course with respect to filing fees, he may be allowed to prosecute his claim as a forma pauperis or as a pauper litigant and as such, maybe exempt from paying docket fees, but not attorney's fees with respect to civil cases, necessary government documents or transcripts of record. In criminal cases, while he may be provided counsel de officio in case he cannot afford the services of counsel, he is not, however, exempt from securing necessary documents required in connection with his case.

Adequate Legal Assistance

   Aside from the fact that the court may appoint a de officio counsel should the accused in a criminal case appear without counsel, the State, in its implied duty to provide free legal assistance to citizens, the Citizen Legal Assistance Office under the Department of Justice  was created.

   Six other specialized government agencies were create to extend legal assistance to indigents which include:

   a) The Bureau of Agrarian Legal Assistance under the Department of Agrarian Reform which extends legal assistance to farmers before the courts.
   b) The Free Legal Assistance Office under the Department of Labor and Employment, which extends legal assistance to workers and employees before the National Labor Relations Commission and the administrative offices of the Department. 
   c) Presidential Assistance on Cultural Minorities under the office of the President which give legal assistance to cultural minorities. 
   d) The Department of National Defense;
   e) The National Police Commission 
   f) The Integrated National Police to give legal assistance to any policemen facing charges before the fiscals and the courts in connection with the performance of their duty, through lawyers authorized by the respective agencies.