Public Attorneys Office(PAO)

04 November 2020 LORNA CATIBOG [email protected] This is in relation to your question as to whether the action of the Provincial Budget Officer in not allowing the creation of MENR Office and position of MENR Officer is correct. Please be informed that the mandate of the Public Attorney’s Office (PAO), is to “represent free of charge, indigents, and other persons qualified for legal assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after due evaluation, it is determined that the interest of justice will be served thereby.” (Article 1, Chapter II of the 2016 PAO Operations Manual). Please be informed that it would be more appropriate if you would seek the advice of the Department of Interior and Local Government (DILG) with regard to your problem for they have the expertise and jurisdiction on the matter you are seeking advice on. You may contact them at 8876-3454 local 5403 or 5405. You may also send an email to [email protected]. However, if you need the services of a lawyer, our Office may help provided that you qualify for our free legal services. The qualifications before an applicant may be accepted as client of the PAO are the Indigency and Merit Tests as provided for by Republic Act No. 9406, or the PAO Law, in relation to 2016 Revised PAO Operations Manual. Under the Indigency Test, the applicant must show that his/her individual net income does not exceed the following: 1. If residing in Metro Manila, whose individual net income does not exceed P14,000.00 a month; 2. If residing in other cities, whose individual net income does not exceed P13,000.00 a month; and 3. If residing in all other places, whose individual net income does not exceed P12,000.00 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 income of the litigant less statutory and authorized deductions. The term income shall not include the pension received by retirees. “Statutory deductions” shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums; and other loan amortizations duly supported by written contracts. Authorized deductions shall be understood to include all deductions as reflected in the pay slip, 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. 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 income; or 2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office of the place where you are residing; or 3. Certificate of Indigency from the Barangay Chairman having jurisdiction over your place of residence. (ibid) 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 PAO will assist, or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of society”. If you are qualified for our free legal services in accordance with the above-mentioned requirements, you may visit our district office nearest your residence, which is usually located in the Hall of Justice of every city or municipality. Kindly bring the documents, if any, pertinent to your problem and proof of your indigency. You may also call our Office at 3426-2801; 3426-2450; 3426-2987 or 8929-9436 local 106 or 107 in order for you to speak with one of our lawyers.

January 4, 2021 Dear Lorna Catibog, Greetings! Thank you for your request dated Nov 03, 2020 09:59:50 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for CREATION OF MENRO IN 4TH CLASS MUNICIPALITY. Response to Request Your FOI request is approved. I enclose a copy of [some/most/all] of the information you requested. Your right to request a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to . Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, PAO-LRS-DM PAO FOI Receiving Officer November 4, 2020 Dear Lorna, Thank you for your request dated Nov 03, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for CREATION OF MENRO IN 4TH CLASS MUNICIPALITY. We received your request on Nov 03, 2020 and will respond on or before Nov 24, 2020 09:59:50 PM, 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://pcoomaster11222017130000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBBTy04NjEzODY4NzU4MTUM, for request with ticket number #PAO-861386875815. Thank you. Respectfully, PAO-RO PAO FOI Officer You 11:22 AM, Nov 04, 2020 04 November 2020 LORNA CATIBOG [email protected] This is in relation to your question as to whether the action of the Provincial Budget Officer in not allowing the creation of MENR Office and position of MENR Officer is correct. Please be informed that the mandate of the Public Attorney’s Office (PAO), is to “represent free of charge, indigents, and other persons qualified for legal assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after due evaluation, it is determined that the interest of justice will be served thereby.” (Article 1, Chapter II of the 2016 PAO Operations Manual). Please be informed that it would be more appropriate if you would seek the advice of the Department of Interior and Local Government (DILG) with regard to your problem for they have the expertise and jurisdiction on the matter you are seeking advice on. You may contact them at 8876-3454 local 5403 or 5405. You may also send an email to [email protected]. However, if you need the services of a lawyer, our Office may help provided that you qualify for our free legal services. The qualifications before an applicant may be accepted as client of the PAO are the Indigency and Merit Tests as provided for by Republic Act No. 9406, or the PAO Law, in relation to 2016 Revised PAO Operations Manual. Under the Indigency Test, the applicant must show that his/her individual net income does not exceed the following: 1. If residing in Metro Manila, whose individual net income does not exceed P14,000.00 a month; 2. If residing in other cities, whose individual net income does not exceed P13,000.00 a month; and 3. If residing in all other places, whose individual net income does not exceed P12,000.00 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 income of the litigant less statutory and authorized deductions. The term income shall not include the pension received by retirees. “Statutory deductions” shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums; and other loan amortizations duly supported by written contracts. Authorized deductions shall be understood to include all deductions as reflected in the pay slip, 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. 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 income; or 2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office of the place where you are residing; or 3. Certificate of Indigency from the Barangay Chairman having jurisdiction over your place of residence. (ibid) 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 PAO will assist, or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of society”. If you are qualified for our free legal services in accordance with the above-mentioned requirements, you may visit our district office nearest your residence, which is usually located in the Hall of Justice of every city or municipality. Kindly bring the documents, if any, pertinent to your problem and proof of your indigency. You may also call our Office at 3426-2801; 3426-2450; 3426-2987 or 8929-9436 local 106 or 107 in order for you to speak with one of our lawyers.