Public Attorneys Office(PAO)

October 12, 2021 Dear Rochelle Cristina Gatchalian, This is in relation to your FOI request dated 12 October 2021 with tracking #PAO-459378042977 , seeking legal advice or assistance. Please be informed that the mandate of the Public Attorney' 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." Thus, we advise you to communicate and confer directly with your lawyer regarding the status of your pending annulment case or you may also make a follow-up in the court where the case is pending. For your other concerns, the PAO can extend its legal assistance, if you will pass the merit and indigency test. 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. Thank you.