J.DELOS REYES
April 10, 2022, 12:15 a.m.
hi PAO
are you handling client who are not eligible for PAO
base on requirement
The Indigency Test
If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;
If residing in other cities, whose net income does not exceed Php13,000.00 a month;
If residing in other places, whose net income does not exceed Php 12,000.00 a month
what will you do if your client did not honestly stated their capacity
P.PAO
April 21, 2022, 4:47 p.m.
April 21, 2022
Dear John Paolo,
Thank you for your request dated Apr 10, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for are you handling cases eveb if your client is not eligible.
We received your request on Apr 10, 2022 and will respond on or before Apr 30, 2022 12:15:18 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBBTy00NDk5ODkyNjMxNDAM, for request with ticket number #PAO-449989263140.
Thank you.
Respectfully,
PAO-RO PAO
FOI Officer
P.PAO
April 25, 2022, 10:03 a.m.
Please be informed that the indigency threshold amount has already been amended by the 2021 Revised PAO Operations Manual. The qualifications before an applicant may be accepted as a client of PAO are the Indigency and Merit Tests.
Under the Indigency Test, the applicant must show that his/her individual net income does not exceed the following:
“1. If residing in cities or municipalities within the National Capital Region (NCR), persons whose individual net income does not exceed Twenty-four Thousand Pesos (₱24,000.00) a month;
2. If residing in other cities outside the NCR, persons whose individual net income does not exceed Twenty-two Thousand Pesos (₱22,000.00) a month; and
3. If residing in municipalities outside the NCR, persons whose individual net income does not exceed Twenty Thousand Pesos (₱20,000.00) a month.”
The term “income” shall not include the pension received by retirees.
The term “net income” as herein employed, shall be understood to refer to the basic income of the litigant less statutory and authorized deductions.
“Statutory deductions” shall refer to withholding taxes, Government Services Insurance System (GSIS), Social Security System (SSS), PAG-IBIG, Health Insurance and PhilHealth premiums, loan amortizations, and other deductions of similar nature, duly supported by written contracts.
“Authorized deductions” shall be understood to include all deductions as reflected in the pay slip, as well as other deductions with the expressed written consent of the employee and in agreement with the employer, and all other deductions that can be substantiated by the employee.
In case the client derives income from activities and transactions where no employer-employee relationship exists, net income shall refer to gross income less allowable deductions as defined under Sections 32 and 34 of the National Internal Revenue Code and related issuances.
For purposes of this Section, 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 Enaje vs. Victorio Ramos, et al. (G.R. No. L-22109, January 30, 1970) that the determinative factor for indigency is the income of the litigant and not his ownership of real property.”
Furthermore, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:
“1) Latest Income Tax Return or pay slip, or other proofs of net income; or,
2) Certificate of Indigency from the Department of Social Welfare and Development (DSWD), or the City/Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or,
3) Certificate of Indigency and/or No Income from the Office of the Punong Barangay/Barangay Chairperson having jurisdiction over the residence of the applicant
Public Attorneys and personnel shall exercise prudence in ascertaining the indigency qualification of an applicant to avoid suspicion of assisting disqualified clients”
Under the Merit Test, “ A case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the office will assist, be in aid of, or be in furtherance of justice, taking into consideration the interests of the parties, and those of society.”
Thus, a prospective applicant who fails to meet the abovementioned qualifications shall be, as a general rule, disqualified from this Office's free legal assistance. Thank you and good day.