March 24, 2021
Dear Fred II Rebadulla,
Greetings!
Thank you for your request dated Mar 16, 2021 03:13:24 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
This is in relation to your email dated 16 March 2021 seeking legal advice on the legal remedies available to a person who is a victim of "red-tagging."
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 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 ₱14,000.00 a month;
2. If residing in other cities, whose individual net income does not exceed ₱13,000.00 a month; and
3. If residing in all other places, whose individual net income does not exceed ₱12,000.00 a month.”
The term “net 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, 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.”
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 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.
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
