by: Piai Palma
Prelude to Learning Paralegalism
Learning is and will always be my favourite endeavour. If a difficult activity involves learning, I would not retreat from it nor show a sign of hopelessness even if it will take me a lifetime to learn that lesson. Education, whether formal or informal, opens new doors, windows, and avenues through which one can explore possibilities and horizons. This is especially true with regard to the law.
This was contrary to my previous belief that learning, my being a student, would end in law school. It never really occurred to me that there was an uncharted yet useful universe of legal knowledge and skills simply called “paralegalism”. I never encountered this one before, not during college or law school. (Though it might have been mentioned in one of my classes during which I probably was thinking about something else.) Here is the story of my experience with the world called paralegalism.
Pre-Campaign Mode
After wrestling with and cracking my brains out from the most harrowing examination I had in my entire life, the first agenda I had was to take a long rest. I decided to give myself a good break. And, indeed, I was given a good break. That fateful day I received an unexpected call from Ate Bibing, one of my mentors (Kon eleksiyon pa, gikamang ko!). She called to ask me to go back to CDO the soonest possible time and be part of the “marchers” of the Sumilao Walk. At first, I doubted the feasibility of the plan, because walking would literally mean travelling with all my cargo behind my back (And in case you want to know, I do not travel light).
Nevertheless, I joined the 55 Sumilao Marchers, uncertain of what will happen to me and clueless on how the walk would inspire me and teach me lessons that I will never learn from law school. For the six-month duration of the walk and campaign, there was no time for me to think about the result of the bar exam (although I prayed once in a while that the examiner would be in a good mood when checking my booklet).
“Taking the law and putting it into the hands of the marginalized groups and communities”, this is a goal that a lawyer should be pursuing. Knowledge of laws should not only be available to those who can afford to study law in a formal school, it should be made available and accessible to those sectors particularly affected by the law, always. This holds true in the case of the Sumilao Farmers who have struggled to reclaim what is rightfully theirs. And I believe that the predominant factor in the Sumilao Campaign is paralegalism.
Paralegal Activities Culminating in the Decision to Walk
Years of strategizing, tactic sessions, and case conferences with the farmers brought about the decision of the Sumilao Farmers to walk for 1,700 kilometers and personally ask the Government for redress of their grievances. Fifty (55) committed Sumilao Farmers (members of the organizations MAPALAD and SALFA), together with groups believing in their cause, gathered to reclaim what is legally theirs. The ability of the farmers to transform their case and to demand accountability from the concerned government offices enabled them to maximize not only legal options but extralegal strategies as well. These options and tactics, of course, were developed over time, taking their roots from the MAPALAD hunger strike that inspired the Sumilao Farmers to persevere in their pursuit of asserting their rights over the 144 -hectare Sumilao land. Finally, the Sumilao Walk for Land, Walk for Justice emerged.
Paralegalism at Work
Climbing a 10-step staircase is not easy, especially when one has to do it several times. However, this feat is nothing compared to what the Sumilao Farmers have done. Imagine, they (should I say we) had to wake up as early as 1:00 in the morning to prepare for the march, traversing an average of 35-45 kilometres per day. This is an unbelievable story, even to me who was part of it, but you have to believe it.
It was actually during those hardships they encountered, under the heat of the sun and the pouring rain, that the Sumilao marchers were able to discuss and deepen their understanding of the issues in their case. It was along those roads, as they came nearer to Manila where the seat of Government is located, where they imbibed the value of their struggle to assert their rights.
The farmers, young and old, did not only understand their case but also learned to effectively communicate their claims to the public. Though they have no formal education, their experiences taught them to share their knowledge and views on citizens’ rights and public accountability to the public. For them, walking was the most strategic way of telling their stories and sharing their struggles with other farmers whose rights had also been trampled upon and besmirched.
Paralegalism Passed on through Generations
Most of the marchers are married and had families whom the left behind when they walked to Manila. Security and protection for their families haunted each and every one of them as they travelled from one island to another. This was just one of the various issues encountered by the farmers which led to some heated discussions and arguments from the front to the end line of the march. But they did not let these small irritants affect them. Instead, these concerns harnessed their ability to discuss and resolve arising conflicts, ranging from personal to organizational. Another extraordinary thing about these farmers was their ability to combine skills in mediation and negotiation with their traditional way of dealing and settling their conflicts or issues in their community. (Majority of the farmers are Higaonons.)
The marchers who have been exposed to struggles in the past one way or another have made significant contributions to the growth and wisdom of the younger farmers. Under the guidance of their elderly, the young marchers were not only able to learn to speak their minds but they also learned to handle their differences smoothly. One of the venues that the group provided for the farmers to share their experiences and opinions was the daily reflection sessions. The participation of the farmers in the reflection sessions was overwhelming as they themselves were able to develop strategies on how to make the daily walk less stressful and more bearable.
Paralegalism used in Getting the Message Across
The Media has always been seen by the farmers as a very powerful tool in the advancement of their rights. Hence, telling the Sumilao story to the media played an important role in disseminating information about their case and the genuineness of their claim to the whole world.
One of the strategies the farmers adopted in developing their communication skills was to rotate the spokesperson’s role. Each one of them was required to speak before the public using the megaphone, to explain their case and to call on them to support their cause. So by the time the media people came to interview them, they were confident enough to respond and deal with the media. However, the farmers made it clear that they would not stop their march while media people were interviewing them. They could not afford any delay and they had to arrive at their stopovers by night time.
They were disciplined enough to continue with their walk, regardless of the eventuality or individual desire for rest or meandering. They only stopped at times when their command leader advised them to do so, and only at designated and safe places. Throughout the march, we learned that what captures the media’s attention the most is the human side of the story and its connection to the endless struggle of the Sumilao Farmers. As days passed, more and more media became interested in the walk until the day the 55 marchers returned to Sumilao. In a way,the media became their allies in accessing justice.
Through all this, using the law as a means to access justice was the primordial tool used by the Sumilao Farmers to validate their claim ad to make our government and its leaders accountable. The Sumilao Farmers are not lawyers in the technical sense of the word, but they have “lawyered” for themselves by walking and taking a stand for what is right.
(Photo by: Bro Ogie of SLB)
