Vous êtes sur la page 1sur 18

"free access to courts shall not be denied

to any person by reason of poverty


Article III, Sec. 11, 1987 Constitution
Section 3. The Public Attorneys Office. - The PAO shall be an
independent and autonomous office, but attached to the for
purposes of policy and program coordination.

Section 4. Mandate. - The PAO shall be the principal law office of


the Government in extending free legal services to indigent
persons in criminal, civil, labor, administrative and other quasi-
judicial cases.

Section 5. Powers and Functions. - The PAO shall


independently discharge its mandate to render, free of
charge, legal representation, assistance, and counseling to
indigent persons in criminal, civil, labor, administrative and
other quasi-judicial cases.
The Public Attorney's Office exists to provide the indigent
litigants, the oppressed, marginalized, and underprivileged
members of the society free access to courts, judicial and
quasi-judicial agencies, by rendering legal services,
counselling; and assistance in consonance with the
Constitutional mandate that

"free access to courts shall not be denied to any person


by reason of poverty"

in order to ensure the rule of law, truth and social


justice as components of the country's sustainable
development.
Chief Public Attorney
Deputy Chief Public Deputy Chief Public
Attorney (Administration) Attorney (Operations)

1. Administrative 4. Special and Appealed Cases


2. Financial Planning and Management 5. Legal Research
3. Executive Division 6. Field Services and Statistics*

Deputy Chief Public Attorney


(Luzon) Deputy Chief Public Attorney
(Visayas)

Regional District Deputy Chief Public


Offices Attorney (Mindanao)

Provincial District
Offices

City District Offices

Municipal District
Offices

*Upon designation of Chief Public Attorney


Dr. Persida V. Rueda-Acosta
Chief Public Attorney
February 23, 2001
1) REGULAR SERVICES

2) LIMITED SERVICES

3) NON-JUDICIAL SERVICES

4) FORENSIC SERVICES

5) OUTREACH ACTIVITIES
1. Legal Representation in courts; and quasi-judicial bodies such
as NLRC, DARAB, PRC, etc.

2. Representation of Indigent Accused in Court (Criminal Cases)

3. Preparation of responsive pleadings and Representation of


Indigent defendant in Ordinary Civil Actions

4. Representation of employee-complainant in Labor Cases

5. Preparation of responsive pleadings and


Representation of Indigent defendant/respondent in
Special Proceedings
1. Documentation

a. Preparation of affidavits

b. Preparation of pleadings, petitions, motions, etc.

c. Administration of oath and notarial services

2. Legal Assistance during inquest and custodial


investigation
1. Legal advice thru telephone, print media, radio
programs, email and letter (postal system)

2. Responses to texts messages

3. Legal counselling for walk-in clients

4. Mediation and conciliation

5. 24/7 central office counselling via hotline


1. Barangay Outreach and Legal Information Dissemination Program
2. Jail Visitation and Decongestion Program
3. Media linkage activities
FORENSIC SERVICES:
a. Forensic Laboratory services
b. Forensic Education and Training
c. Forensic Analysis and Opinion
d. Crime Scene Investigation and Reconstruction
e. Specialized Forensic Services
e1. Forensic Archaeology (Exhumation and Crime Scene Documentation)
e2. Bloodstain Pattern Analysis
e3. Forensic and Evidence Photography
e4. Forensic Medicine
e5. Forensic Osteological Analysis
Under R. A. 9406

1. Indigent persons in criminal, civil, labor,


administrative and other quasi-judicial cases.

2. Other persons upon request of proper


government authorities subject to existing laws,
rules and regulations.
Juridical persons; except those juridical entities which are non-stock,
non-profit organization whose individual members will pass the
indigency test of the office, provided their cases involve land disputes
and that they are not the lessor thereof;

Parties who do not pass the Merit and Indigency Tests, unless
appointed as counsel de oficio in criminal cases only under existing laws,
rules and regulations;

Landlords of residential lands and building with respect to the


filing of collection or unlawful detainer suits against their tenants.
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 or be in
aid of or in the furtherance of justice, taking into consideration the interests of
the party and those of the society.

On the other hand, a case is deemed unmeritorious if it appears that it has no


chance of success, or is intended merely to harass or injure the opposite party or
to work oppression or wrong. In such situation, the Public Attorney must decline
the handling of the case.

In criminal cases, the accused enjoys the constitutional


presumption of innocence until the contrary is proven.
Hence, cases of defendants in criminal actions are considered
meritorious.
The Indigency Test

Taking into consideration recent surveys on the amount needed by


an average Filipino family to
(a) buy its food consumption basket and
(b) pay for its household and personal expenses,
(c)the following applicant shall be considered as an indigent person:

1. If residing in Metro Manila, whose net income does


not exceed Php14,000.00 a month;

2. If residing in other cities, whose net income does not


exceed Php13,000.00 a month;

3. If residing in other places, whose net income does not


exceed Php 12,000.00 a month.

.
CASES NOT TO BE HANDLED

Conflicting interests

Prosecution of criminal cases in court

Defense of persons accused of violating BP 22, unless they are


appointed by the court as counsel de oficio

Adoption cases, except when either parent of the person to be


adopted is the petitioner-adopter and provided that he/she passes
the indigency test.

Vous aimerez peut-être aussi