Public Attorneys Office(PAO)

L. GUINTO Tracking no: #PAO-016544143120 This is in relation to your email dated 13 January 2023 seeking legal advice. 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.” Considering the complexity of your concern, the need to further obtain information regarding the same, and the necessity to study the pertinent pieces of evidence relative to the issues at hand, we advise you to immediately and personally consult with a private lawyer so that your situation can be discussed in more detail. However, if you are unable to afford a private lawyer, our Office may help you provided that you qualify for our free legal services. The qualifications before an applicant may be accepted as a client of PAO are the Indigency and Merit Tests as provided for by Republic Act No. 9406, or the PAO Law, in relation to 2021 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 cities or municipalities within the National Capital Region (NCR), persons whose individual net income does not exceed Twenty-four Thousand Pesos (P24,000.00) a month; 2) If residing in other cities outside the NCR, persons whose individual net income does not exceed Twenty-two Thousand Pesos (P22,000.00) a month; and, 3) If residing in municipalities outside the NCR, persons whose individual net income does not exceed Twenty Thousand Pesos (P20,000.00) 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 Service 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 the latter’s ownership of real property. To ensure that only those qualified shall be extended free regular representation in court and quasi-judicial bodies, and to aid in determining the nature of the deductions, the applicant shall be required to execute an Affidavit of lndigency, and 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 any 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 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.” However, please be reminded of Cha'pter II, Art. 8. of the 2021 Revised PAO Operations manual which stated that ARTICLE 8. Cases Not to be Handled. – Public Attorneys shall not extend legal assistance10 in the following cases: 1) Where they would be representing conflicting interests; 2) Cases involving violation of Batas Pambansa Blg. 22 (B.P. 22), otherwise known as the “Anti-Bouncing Checks Law”, 11 except in the following instances: a) In cases arising from a related case already handled by the PAO on behalf of a client, where the bouncing check issued from the opposing party was insufficient to satisfy the money claim, such as award of back wages in labor cases, payment of damages, settlement,etc.; b) When the Public Attorney is appointed by the court as counsel de oficio, subject to Paragraph 4, Article 4, Chapter II of this Manual.9 3) Prosecution of criminal cases, except in the following instances where there exists no conflict of interest, to wit:12 a) When the PAO assisted the offended party/complainant during the preliminary investigation stage in the Prosecutor’s Office, on first- come-firstserved basis, and the case is on appeal or certiorari before the courts;13 b) When there is a directive from the Secretary of Justice or other government authorities to assist the Prosecutor/s assigned to prosecute the criminal case in court;14 and c) Complaints for violation of B.P. 22 arising from an existing case for money claims being handled by the PAO where the subject check payment was issued and dishonored, or insufficient to satisfy the money claim. 4) Adoption cases, except in instances where the adopter is the biological parent or the step-parent of the adoptee, subject to the Indigency Test. 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 with you the documents pertinent to your problem and proof of your indigency. You may also call our Office using the following numbers: (02) 8929-9436, (02) 84262801, (02) 84262450, or (02) 84262987. Thank you for writing.