Dissecting the PAO Law and PAO Operations Manual

Review Material for PAO Exam

This material, is not intended to cover all the coverage of the PAO Law and
Operations Manual, and other sources required to be read for the PAO
examinations. This is composed of several sources, no copyright is intended.

MISSION

The Public Attorney's Office Exist to provide the indigent litigants, the oppressed,
marginalized, and under privileged 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.

VISION

A government agency that is God-centered and dynamic bureaucracy that is responsible

to the ever-growing legal needs of the indigents and oppressed led by highly competent, world-
class, development-oriented, honest dedicated and nationalistic leaders and lawyers.

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 Dissecting the PAO Law and PAO Operations Manual
Review Material for PAO Exam

PAO HYM
By: Atty. Adriano P. Damalerio

Let us join the happy crowd;

We will march together hand in hand;
Forward to work we are proud;
Justice for all in all the land;
Public Attorney's so dear,
Justice and Reason must prevail
For the needy and the poor
Justice for all - our mission in the fore.

REFRAIN:
Public Attorneys legal defenders,
We are the guiding stars
We will fight and defend for your name
Support our cause and give you fame;
Ever true to you, ever true to you
So all the people will know,
Everybody shouts Mabuhay!
Uphold the PAO with justice up so high!

(Repeat Refrain)
Everybody shouts Mabuhay!
Uphold the PAO with justice up s high!

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 Dissecting the PAO Law and PAO Operations Manual
Review Material for PAO Exam

What is the Public Attorney's Office?

It is an INDEPENDENT and Are there instances where the PAO may
AUTONOMUS office, BUT be called to render service to non indigent
attached to the DOJ for purposes of clients?
POLICY and PROGRAM
Yes. In exigency of the service, the
CORDINATION. PAO may be called upon by proper

It is the principal law office of the government authorities.7
Government that extends free legal
assistance to indigent persons in Who are Indigents?8
CRIMINAL, CIVIL, LABOR,
The clients whose net income does
ADMINISTRATIVE, and other not exceed the following:
QUASI-JUDICIAL cases.1 a. 14,000 - Metro Manila
b. 13,000 - Other Cities
What are its Powers and Functions? c. 12,000 - Other Places.

Render free of charge: (LAC)
• Legal Representation Note: The word INCOME does not include
• Assistance the pension received by retirees.
• Counselling
to indigent persons.2 How do we compute the NET INCOME?9

Gross Income LESS, (Statutory
What are the Services rendered by the Deductions, and Authorized
PAO? Deductions)

Judicial

Non- Judicial What are Statutory Deductions?10

GSIS
In what cases may the PAO render it
SSS
services for free?
PAGIBIG

Criminal;
PhilHealth

Civil;
Insurance Premiums

Labor;
Other Loan Amortizations

Administrative; and

other Quasi-Judicial Cases.3 What are Authorized Deductions?11

Those that are found on the PAY
What are non Judicial Services of the SLIP
PAO?

Instant Services (LAD) Note: Ownership of land SHALL NOT, per
• Legal Counselling se, constitute a ground for disqualification.12
• Administering oath
• Documentation What are needed to be presented to

Out Reach activities determine if they qualify as indigents?13

Affidavit of Indigence; and
• Assistance to persons

Any of the following:
undergoing police
a. Latest ITR/ Pay Slip or Proof
interrogations/ inquest
of income
proceedings.4
• Jail Visitations5
• Barangay Outreach
6
Programs.
7
Sec. 3, R.A. 9406.
1 8
Sec. 2, R.A. 9406. Art. 3, PAO Manual
2 9
Sec. 3, R.A. 9406. Id.
3 10
Id. Id.
4 11
Sec.1, Art. 3, Chapter XI, PAO Manual. Id.
5 12
Art. 4, Chapter XI, PAO Manual. Id.
6 13
Art. 5, Chapter XI, PAO Manual. Id.

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 Dissecting the PAO Law and PAO Operations Manual
b. Certificate of Indigency from
the DSWD, CSW, MSW, or
Purong Barangay.
What are the Instances where Cases can
be accepted without applying the
Indigency Test?

Exigency of Service 14
• Entail National Interest and
Security.
• Urgent Cases that entails
Immediate Actions.15

Provisionally Accepted Cases16
• Bail - reduction/ application
• Arrested and Immediate
action is needed
• Avoid Adverse effect of
applicant.
• Counsel de officio
• VAWC
• Children in Conflict of the
Law (CICL)
• Delinquent Credit Card and
Immediate action is
necessary.
Discus the MERIT TEST?

It is used to determine if the PAO
will accept the case of not.

A case is considered meritorious if
base on the assessment and evidence
on hand, the legal service of the PAO
will assist, be and aid of, or be in
furtherance of justice taking into
consideration the interest of the party
and society. 17
What does Contrario mean?

It is when a case is deemed
unmeritorious , if it appears that it
has no chance of success.18
If the case is found to be unmeritorious
does it mean that the PAO will not
represent the indigent anymore?

No. If the client is the defendant or
respondent in a CIVIL or
ADMINISTRATIVE case
14
Sec. 4, PAO Law.
15
Cases under RA 9262.
16
Art. 4, PAO Manual.
17
Art. 2. PAO Manual.
18
Id.
Review Material for PAO Exam
ALREADY FILLED in court of
quasi-judicial agency, the PAO will
still represent him/her.19

CRIMINAL CASES

PROVISIONALLY ACCEPTED
What is the purpose of such
representation?

Protect the RIGHTS of the client.
Note: In Criminal Cases, the case is
ALWAYS considered meritorious.20
Why is it always meritorious?

Because the accused enjoys the
presumption of innocence.
Who are the persons not qualified for
legal assistance?21

Juridical Persons and Private stock
corporations.
• Exemption: Non-stock non
profit whose individual
members pass the indigency
test.

Fails the Indigency Test.
• Exemption: Provisionally
accepted cases

Represented by de parte counsel.
• Counsel has withdrawn.

Land Lords.

Political Candidates and parties in all
election related matters.
What are cases that should not be
handled by the PA?22 (CBPA)

Conflict of Interest.

BP 22

Prosecution of criminal cases.

Adoption Cases
Is there an exemption for the prohibition
in the Prosecution of Criminal Cases?

Yes.
Requirements:
a. No conflict of Interest.
b. Accused is not the client of PAO.
c. PAO Assisted the offended party
during PI.
19
Id.
20
Id.
21
Art. 7, PAO Manual.
22
Art. 8, PAO Manual.
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 Dissecting the PAO Law and PAO Operations Manual
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d. Directive from the Secretary of

Justice.
e. Complaint for BP 22 cases arising
from an existing case for money
claims being handled by the PAO
where the check payment was made
but bounced or insufficient to satisfy
the money claim.23

23
Id.

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 Dissecting the PAO Law and PAO Operations Manual
Review Material for PAO Exam

ORGANIZATIONAL STRUCTURE24

CHIEF PUBLIC ATTORNEY

(CPA)
DEPUTY CHIEF PUBLIC DEPUTY CHIEF PUBLIC
ATTORNEY (DCPA) LUZON ATTORNEY (DCPA)
VIS/MIN

Administrative
Special Appealed Cases

Financial Planning and
Legal Research
management
Field Service and

Executive Division Statistics

REGIONAL PUBLIC
ATTORNEY

ASSISTANT REGIONAL
PUBLIC ATTORNEY

PROVINCIAL PUBLIC
ATTORNEY

CITY PUBLIC ATTORNEY

MUNICIPAL PUBLIC
ATTORNEY

24
Sec. 4, PAO Law.

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 Dissecting the PAO Law and PAO Operations Manual
Review Material for PAO Exam

What are the Qualification of the Chief the start of the succeeding
Public Attorney? semester.

Same as the prosecutor General, PJ • Year-End Report and
of the CA, and SC Justice Inventory of Cases - within
• Natural-Born Filipino Citizen the first ten (10) days of the
• At least 40 years on upon succeeding year.
appointment
Process documents and papers
• At least 15 years practice of expeditiously.
law or Judge of the lower
Act Immediately to the public's
courts. personal transactions.

Makes documents accessible to the
Who appoints the Chief Public Attorney, public.
Deputy Chief Attorney, and Regional
Attend Jail visitations.
Public Attorney?
Secure Permission on OB

President
Observe, follow and uphold the Law,
Rules and Regulations.
What is the additional Requirement for a
Observe, follow, and uphold all
DCPA and RPA to be appointed? office issuances, especially the PAO

Recommendation from the CPA. Manual.

What are the powers of the Chief Public What are the Qualities of a PAO Lawyer
Attorney? and Employee?
a. Plenary
Respects the rule of law, human
Responsibility to exercise rights and dignity of all human
the mandate of the PAO. beings.
b. Recommending
Public Service oriented.
Recommends to the
Public Interest over personal interest.
President the DCPA and
Honest
RPA.
A person with Integrity
c. Appointing
Competence
Appoints the Administrative
Courteous and sincere
and support personnel
Prompt in delivering service
d. Disciplinary "Prompt Service with a smile"
imposes sanctions and
Does not discriminate
penalties on PAO officials
Responsible in the usage of
and employees. Government resources.

Keep abreast of the latest
jurisprudence.26

Observe Fidelity in the custody of
cases.27
What are the duties of the Public
Attorney and its Employees? NOTE: Acceptance of PASALUBONG from

Act promptly on letters and request clients is punishable under R.A. No. 6713.
(comply with the 15 day working
period from receipt of such letter) What are administrative Sanctions that

Submit Performance Reports are considered Penalties?
• Monthly Report - within the
Fine
first three (3) days of the
Reprimand
succeeding month.25
Suspension
• Performance Evaluation
Demotion
report - within 15 days from
Dismissal
26
Chapter XV, PAO Manual.
25 27
Art. 2, Chapter XII, PAO Manual. Id.

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 Dissecting the PAO Law and PAO Operations Manual
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Removal from the Roll

What are sanction not considered

penalties?

Admonition

Advice

What are the acts that are grounds for

administrative sanctions?28

Handles cases of persons not
qualified

Handles cases outside his/her
jurisdiction w/o approval

Failure to file monthly or year-end
report

Fails to secure travel permit when
required.

Fails to transmit record to
SACS/RSACU

Handles appealed cases who is a
field lawyer.

Fails to perfect and appeal

Fails to attend inquest duty without
valid reason.

Why are the PAO lawyers and employees

required to enter the attendance in the
RDA and biometrics?

To ensure enforcement and strict
observance of office hours.

What is Tardiness?

It is the failure to arrive on time
consistently.

Why do we submit monthly and annual

reports?

In order to monitor and evaluate the
rendition of judicial and non-judicial
services to PAO clients.

Why is there a need to wear uniforms?

Maintain modest and Proper
decorum.29

28
Art. 1, Chapter XVI, PAO Manual.
29
R.A. 6713.

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