You are on page 1of 7

PAO Objectives and Thrusts

To provide the indigent sector access to counsel at the time of need;


To implement the Constitutional guarantee of free access to courts, due process, and
equal protection of the laws
PAOs Enabling Law
Republic Act No. 9!"
#PAO LA$%
An Act Reorganizing and Strengthening the Public Attorneys Office (PAO), Amending for the
Purpose Pertinent Proisions of !"ecutie Order #o$ %&% Other'ise (no'n as )he
Administratie *ode of +&,-., as Amended, /ranting Special Allo'ance to PAO Officials and
0a'yers and Proiding 1unds )herefore$.
Its implementing rules and regulations was signed on July 14, 2!"
&ighlights o' the PAO Law
The Chief #u$lic %ttorney, &eputy Chief #u$lic %ttorneys and 'egional #u$lic %ttorneys
shall not $e removed or suspended, e(cept for cause provided $y law;
The clients of the #%) are e(empted from payment of doc*et and other fees incidental
to instituting an action in court and other quasi+,udicial $odies;
The #%) is e(empted from payment of charges on postage stamps and mail matters;
#u$lic %ttorney-s positions at the ratio of one pu$lic attorney to an organi.ed court sala;
#%) lawyers have general authority to administer oaths in connection with the
performance of duty" /o need to apply $efore the courts for authority as notary pu$lic;
The Chief #u$lic %ttorney, the &eputy Chief #u$lic %ttorneys, the 'egional #u$lic
%ttorneys, the #rovincial, City and 0unicipal &istrict #u$lic %ttorneys, other #%) lawyers
and officials who have direct supervision over #%) lawyers shall $e granted special
allowances not e(ceeding 11111112 of the $asic salary of #%) officials and lawyers"
A. PER(ON( )*AL+,+E- ,OR LE.AL A((+(TAN/E
3nder '" %" 445, the #%) shall independently discharge its mandate to render, free of charge,
legal representation, assistance and counselling to indigent persons in criminal, civil, la$or,
administrative and other quasi+,udicial cases" In the e(igency of the service, the #%) may $e
called upon $y proper government authorities to render such service to other persons, su$,ect to
e(isting laws, rules and regulations"6
The 0erit Test
3nder #%) 0"C" /o" 17 series of 22, a case shall $e considered meritorious if an
assessment of the law and evidence on hand discloses that the legal services of the office will
assist or $e in aid of or in the furtherance of ,ustice, ta*ing into consideration the interests of the
party and those of the society" In such cases, the #u$lic %ttorney should agree to represent the
party concerned" )n the other hand, a case is deemed unmeritorious if it appears that it has no
chance of success, or is intended merely to harass or in,ure the opposite party or to wor*
oppression or wrong" In such situation, the #u$lic %ttorney must decline the handling of the
case"
% #u$lic %ttorney may represent an indigent client even if his cause of action is adverse to a
pu$lic officer, government office, agency or instrumentality provided the case is meritorious"
Caution should however $e e(ercised that the office $e not e(posed to charges of harassment,
unfairness or undue haste in the filing of suits"
In criminal cases, the accused en,oys the constitutional presumption of innocence until the
contrary is proven" 8ence, cases of defendants in criminal actions are considered meritorious"
The +ndigenc1 Test
#ursuant to #%) 090)'%/&30 CI'C3:%' /)" 2 ;eries of 21 dated January 2!, 21
and entitled as <%09/&I/= ;9CTI)/; >, 4, and ?, %'TIC:9 II )@ 090)'%/&30
CI'C3:%' /)" 17, ;" 22 A%mended ;tandard )ffice #rocedures in 9(tending :egal
%ssistanceB< in relation to the provisions of 'epu$lic %ct A'%B /o" 445 enacted $y Congress
and approved $y 8er 9(cellency #resident =loria 0acapagal+%rroyo on 0arch 2>, 2! and its
Implementing 'ules and 'egulations dated July 14, 27, the Indigency Test set forth in ;ection
>, %rticle II, 0C /o" 17, ;" 22, is here$y amended to read as followsC
Indigency Test" D Ta*ing into consideration recent surveys on the amount needed $y an average
@ilipino family to AaB $uy its Efood consumption $as*et6 and A$B pay for its household and
personal e(penses, the following applicant shall $e considered as an indigent personC
1" If residing in 0etro 0anila, whose net income does not e(ceed #hp14," a
month;
2" If residing in other cities, whose net income does not e(ceed #hp1>," a
month;
>" If residing in other places, whose net income does not e(ceed #hp 12," a
month"

The term Enet income6 as herein employed shall $e understood to refer to the income of the
litigant less statutory deductions"

;tatutory deductions shall refer to withholding ta(es, =;I;, ;;;, #ag+I$ig, 8ealth Insurance
and #hilhealth premiums as well as mandatory deductions"

@or purposes of this ;ection, ownership of land shall not per se constitute a ground for
disqualification of an applicant for free legal assistance in view of the ruling in Juan 9na,e vs"
Fictorio 'amos, et al" A>1 ;C'% 141, ="'" /o" :+2214, January >, 14!B that the
determinative factor for indigency is the income of the litigant and not his ownership of real
property"

To ensure that only those qualified shall $e e(tended free legal assistance, the applicant shall
$e required to e(ecute an %ffidavit of Indigency and to su$mit any of the following documentsC

1" :atest Income Ta( 'eturn or pay slip or other proofs of income; or

2" Certificate of Indigency from the &epartment of ;ocial Gelfare and &evelopment, its local
&istrict )ffice, or the 0unicipal ;ocial Gelfare and &evelopment )ffice having ,urisdiction over
the residence of the applicant; or

>" Certificate of Indigency from the Harangay Chairman having ,urisdiction over the residence
of the applicant"

#%) lawyers and personnel shall e(ercise diligence in ascertaining the indigency qualification of
said applicantIs"

/ases $hich 0a1 be Provisionall1 Accepted
Cases Ghich 0ay $e #rovisionally %ccepted $y #%) lawyers pending verification of the
applicant-s indigency and an evaluation of the merit of hisIher case in the following instancesC

1" Ghen a warrant of arrest has $een issued and assistance is needed in filing a 0otion to
#ost Hail$ond or 'eduction thereof for hisIher provisional li$erty;

2" Ghen a person is arrested andIor detained, and appropriate immediate legal action is
necessary to protect hisIher rights A;ec" >, %rt" 2, 0C /o" >, ;"27B ;

>" Ghen a pleading has to $e filed immediately to avoid adverse effects to the applicant;

4" Ghen an appeal or petition for certiorari or prohi$ition has to $e perfected or filed
immediately;

?" Ghen the #%) lawyer is appointed $y the court as counsel de oficio to represent the
defendant during the trial of the case, provided, however, that if a su$sequent investigation
discloses that the client is not an indigent, the lawyer should respectfully request the court to
relieve himIher $y filing a 0otion for Githdrawal of %ppearance from the case;

5" Ghen the #%) lawyer is designated on the spot as counsel de oficio for the purpose only
of arraignment, pre+trial or promulgation of decision;

!" In cases involving violence against women and their children under 'epu$lic %ct /o"
4252, where immediate preparation and filing of pleadingIs is necessary to avoid adverse
effects to the victims, e(cept when there is conflict of interest A;ec" 2, %rt" IF, 0C /o" 7, ;"
2!B ;

7" In cases involving Children In Conflict with the :aw ACIC:sB, where there is an immediate
need of counsel A;ec" 2, %rt" IF, 0C /o" !, ;" 2!B;

4" In cases involving credit card holderIs considered as Edelinquent6 $y the credit card
company, and immediate action is necessary; and

1" Cases which require provisional assistance pursuant to ;ection > of '"%" 445 A;ection 14+
% Chapter ?, Title III, Hoo* IF of 9(ecutive )rder /o" 242, otherwise *nown as the
E%dministrative Code of 147!6B, to witC

E;9C" 14+%" #owers and @unctions" D The #%) shall independently discharge its
mandate to render, free of charge, legal representation, assistance and counselling to indigent
persons in criminal, civil, la$or, administrative and other quasi+,udicial cases" In the e(igency of
the service, the #%) may $e called upon $y proper government authorities to render such
service to other persons, su$,ect to e(isting laws, rules and regulations"6

11" )ther similar urgent cases"

Persons )uali'ied 'or Assistance Pursuant to 0OAs and -O2 -irectives
#ersons qualified for assistance pursuant to e(isting 0emorandum of %greements A0)%sB and
&epartment of JusticeA&)J &irectives, as set forth under ;ection ?, %rticle II, 0C /o" 17, ;"
22, is here$y amended to read as followsC
1" &epartment of %grarian 'eform lawyers against whom criminal and administrative
complaints have $een filed for acts in connection with the performance of their official duties
A&irective of the 0inister of JusticeB;
2" @armer+$eneficiaries of the %grarian 'eform :aw,
AaB in agrarian+related civil or criminal cases pending $efore the courts and
A$B in cases against fellow $eneficiaries pending $efore the courts or the &epartment
of %grarian 'eform %d,udication Hoard A&%'%HB where one of the parties is already
represented $y a lawyer from the &epartment of %grarian 'eform A0emorandum of %greement,
dated 0ay 7, 1441, $etween &%' and &)JB;
>" Indigent la$orers in meritorious la$or cases A0emorandum )rder of the ;ecretary of
Justice, dated 0ay 14, 1477B;
4" Indigent aliens A2
nd
Indorsement of the 3ndersecretary of Justice, dated 0arch 2?,
14!4B;
?" Jualified overseas contract wor*ers in all cases within the original and e(clusive
,urisdiction of the #hilippines )verseas 9mployment %dministration A0emorandum of
%greement $etween #%), &):9, #)9%, )GG% and some /=)s, dated %pril 2, 144>B;
5" Harangay 8ealth Gor*ers A;ec" 15, 'ule II, and #art ?, 'ule FII of the Implementing
'ules and 'egulations of 'epu$lic %ct /o" !77>B;
!" &epartment of ;ocial Gelfare and &evelopment in the filing of petitions for the
involuntary commitment of minors, as well as the filing of petitions for the declaration that a child
is a$andoned or neglected A&irective of 0inister of Justice /eptali =on.ales, dated @e$ruary
1, 147!B;
7" 0em$ers of the %ssociation of :ocal ;ocial Gelfare and &evelopment )fficers of the
#hilippines, Incorporated A%:;G&)#IB in criminal and administrative complaintsIcases related
to or in connection with the e(ercise of their profession or performance of duties, unless there is
a conflict of interest or when a mem$er does not qualify under the #%)-s Indigency Test, in
which case, a provisional assistance shall $eafforded to himIher A0emorandum of %greement
$etween the %:;G&)#I and the #u$lic %ttorney-s )ffice, dated %ugust 2!, 24B;
4" Jualified #rint and Hroadcast 0edia #ractitioners, as well as their staff and crew, who
are harassed into incarceration A0emorandum Circular /o" 1, ;" 24, dated January ?, 24
in relation to 0emorandum of %greement $etween the /ational #ress Clu$ A/#CB and #%)
dated 0ay 24, 24B;
1" &angerous &rugs Hoard, its authori.ed representatives and drug offenders, in the filing
of petitions for voluntary confinement, e(cept when there is conflict of interest A0emorandum of
%greement $etween the &angerous &rugs Hoard and the #u$lic %ttorney-s )ffice, dated July
1?, 27B;
11" @ilipino complainants against foreigners for violations of immigration, alien registration
and other local laws; respondent foreigners in deportation cases; Hureau of Immigration clients
in the notari.ation of applications; and such other legal services assigned $y the Commissioner
A0emorandum of %greement $etween the Hureau of Immigration and the #u$lic %ttorney-s
)ffice, dated @e$ruary 4, 24B;
12" 0em$ers of the #ress #hotographers of the #hilippines A###B under investigation for a
complaint or on trial for a case, including cases under inquest proceedings, related to or in
connection with the e(ercise of profession or performance of duties, and to the families of ###
mem$ers who are victims of media *illings A0emorandum of %greement $etween the #ress
#hotographers of the #hilippines and the #u$lic %ttorney-s )ffice, dated 0ay 2?, 24B;
1>" )fficials of the #hilippine /ational #olice holding the ran*s of #olice )fficer I A#)IB to
;enior #olice )fficer 4 A;#)4B when sued in the performance of their police duties A&)J
&epartment Circular /o" !7, dated )cto$er 25, 24 and 0emorandum, dated /ovem$er 4,
24B
Other Persons )uali'ied 'or Assistance
Immediate mem$ers of the family and relatives within the 4th civil degree of consanguinity or
affinity of #u$lic %ttorneys may avail of the latter-s services regardless of qualification under the
indigency test, with the approval of the 'egional #u$lic %ttorney, if the case is within his region
or the Chief #u$lic %ttorney, if the case is outside of his region and provided further that the said
lawyer files a leave of a$sence on the day of the hearing"
#%) personnel may also avail of the legal services of #%) lawyers in criminal casesC #rovided,
that the #%) is not the adverse party"


3. PER(ON( NOT )*AL+,+E- ,OR LE.AL A((+(TAN/E
A#%) 0emorandum Circular /o" 17, ;eries of 22, %rticle II, ;ection 5B

#u$lic %ttorneys are prohi$ited from assisting the following partiesC
1. Juridical persons; e(cept those ,uridical entities which are non+stoc*, non+profit
organi.ation whose individual mem$ers will pass the indigency test of the office,
provided their cases involve land disputes and that they are not the lessor thereof;
2. #arties who do not pass the 0erit and Indigency Tests, unless appointed as counsel de
oficio in criminal cases only under e(isting laws, rules and regulations;
3. #arties represented $y de parte counsel; and
4. :andlords of residential lands and $uilding with respect to the filing of collection or
unlawful detainer suits against their tenants"
/. /A(E( NOT TO 3E &AN-LE-
A#%) 0emorandum Circular /o" 17, ;eries of 22, %rticle II, section !B
1. #%) lawyers shall not handle cases where they would $e representing conflicting
interests" /either shall they handle the prosecution of criminal cases in court"
2. %s a matter of office policy, #%) lawyers should, li*ewise, refrain from underta*ing the
defense of persons accused of violating H# 22, unless they are appointed $y the court
as counsel de oficio under e(isting laws, rules and regulations"#%) lawyers shall,
li*ewise, not handle %doption cases, e(cept when either parent of the person to $e
adopted is the petitioner+adopter and provided that heIshe passes the indigency test"

You might also like