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Pao MC Vawc PDF
Pao MC Vawc PDF
08
Series of 2007
ARTICLE I
PURPOSE
This circular defines and outlines the procedures and actions to be
undertaken by the lawyers and staff of the Public Attorneys Office (PAO)
in extending legal assistance to victims of violence against women and
their children and in handling applications for protection orders, in
consonance with Sections 13 and 35(b) of Republic Act No. 9262, its
Implementing Rules and Regulations, and Supreme Court A.M. No. 04-1011-SC (Rules on Violence Against Women and Their Children).
ARTICLE II
DEFINITION OF TERMS
Section 1. - The definition of terms provided under Republic Act No.
9262 and its Implementing Rules and Regulations is hereby adopted.
1.
2.
a) A woman:
i.
ii.
iii.
iv.
6.
7.
8.
9.
Article III
CLIENTELE
Section 1. - The Public Attorneys Office shall extend legal
assistance to victims of violence against women and their children who
have passed the:
1. Merit Test; and
2. Indigency Test
The standards set forth under Memorandum Circular No. 18, Series
of 2002, on Merit and Indigency Tests are to be followed. However, the
lack of access to family or conjugal resources by aforesaid victim(s), such
as when the same are controlled by the perpetrator, shall qualify the victim
as an indigent, and free legal assistance of PAO shall therefore be
afforded to her/him.
ARTICLE IV
LEGAL ASSISTANCE TO CLIENTS
Section 1. Legal Assistance to Women and Children Subjected
to Abuse The assistance of the Public Attorneys Office to women and
children who are victims of violence under RA No. 9262 shall be limited to the
following services:
a. Legal advice or consultation;
b. Conduct of pre-litigation/mediation conference between the parties in
cases involving economic abuse, with the express consent of the
victim and where there is no imminent danger to her life and limb and
those of her children;
c. Preparation of affidavits and other pertinent papers necessary to the
filing of the complaint for violence against women or children,
petition/application for protection order and/or civil action for damages;
d. Filing of petition/application for protection order;
e. Representation in courts in cases of petition for protection order and/or
civil action for damages.
ARTICLE V
PROCEDURE IN EXTENDING LEGAL ASSISTANCE TO WOMEN
AND CHILDREN SUBJECTED TO VIOLENCE
Section 1. WALK-IN CLIENTS. For clients who seek the services of
the Office, or who visit the same for consultation, the following procedures shall
be observed:
a. When a person visits the Office to seek legal advice for a problem
concerning violence against women and their children, he/she shall be
referred to a PAO staff who shall conduct an interview and determine if
the person/client is qualified under the Indigency Test and to a Public
Attorney for the Merit Standard Tests, in accordance with MC No. 18.
In qualifying the person for the Indigency Test, the Public Attorney
or staff shall require the submission of any of the following: the latest
Income Tax Return (ITR), DSWD Certificate of Indigency, Barangay
Certificate of Indigency, or other pertinent proof of indigency. In
situations where the victim woman or child lacks access to family or
conjugal resources, such as when the same are controlled by the
perpetrator, this shall qualify the victim as an indigent, and free legal
assistance of PAO shall therefore be afforded to her/him.
b. If the person is qualified to avail of free legal assistance, the Public
Attorney shall advise her/him on the proper action to be taken,
including the filing of the application/petition for protection order.
In filing the application/petition for protection order, the Public
Attorney shall prepare the pleadings, as well as the affidavits of the
applicants and the witnesses in support thereof.
c. If the person does not qualify for free legal assistance after applying
the merit and indigency tests, he/she should be referred to any other
public and/or free legal aid organization and/or be duly advised to seek
the legal assistance of a counsel of his/her own choice;
d. Whether or not the person is qualified to avail of free legal assistance,
the Public Attorney shall cause to be entered in the Logbook for Cases
of Violence Against Women and Their Children the following data:
Entry No.
Date Received
Name and Address of Victim/ Complainant
Name and address of Parents/Guardian of the victim
Name and Address of Respondent
Assistance Given
Remarks
6
Each PAO District Office shall maintain a separate logbook for cases
involving violence against women and their children. The logbook shall
serve as a directory for cases handled by the Office. At the same time,
it shall also be a guide/reference for Public Attorneys in accepting or
refusing acceptance of a case by reason of conflict of interest; and,
e. In an application/petition for protection order, the appearance and
assistance of PAO shall extend up to the final resolution of the case.
f. In the event a criminal Information is filed in court against the accused,
as a result of PAOs assistance to the complainant at the prosecutors
office, the active prosecution of the criminal case in court shall
immediately be turned over to the public prosecutor.
ARTICLE VI
SANCTION
Section 1. Sanction Willful and unjustified deviation from these
Procedures on the part of the PAO lawyer shall warrant the imposition of
sanctions in accordance with the Civil Service Laws, Rules and Regulations.
ARTICLE VII
FINAL PROVISION
Section 1.
PERSIDA V. RUEDA-ACOSTA
Chief Public Attorney