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Pao MC Vawc PDF
Pao MC Vawc PDF
08
Series of 2007
ARTICLE I
PURPOSE
ARTICLE II
DEFINITION OF TERMS
1
a) A woman:
i. who is his wife;
ii. who is his former wife;
iii. with whom the person has or had sexual or dating
relationship;
iv. with whom he has a common child.
2
7. Members of the family shall include the husband and wife,
parents and children, the ascendants or descendants, brothers
and sisters, whether of full or half blood, whether living together
or not.
3
12. Sexual Relation - refers to a single sexual act, which may or
may not result in the bearing of a common child.
Article III
CLIENTELE
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.
4
Pursuant to the provisions of Sections 13 and 35 of Republic Act No.
9262, the woman or victim may avail of the services of PAO in the filing of
an application/petition for protection order and/or civil action for damages.
However, where the applicant is already represented by counsel de parte,
PAO may represent the other party.
ARTICLE IV
LEGAL ASSISTANCE TO CLIENTS
When at anytime, during the hearing of the application for protection order,
the Public Attorney finds that the petitioner/applicant is not qualified for PAO legal
assistance, he/she should be referred to any other public and/or free legal aid
organization and/or be duly advised to retain the services of a counsel of his/her
own choice.
5
ARTICLE V
PROCEDURE IN EXTENDING LEGAL ASSISTANCE TO WOMEN
AND CHILDREN SUBJECTED TO VIOLENCE
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.
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;
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,
ARTICLE VI
SANCTION
ARTICLE VII
FINAL PROVISION
7
Section 2. Repealing Clause Memorandum Circular No. 01, Series
of 2006 on the Standard Office Procedures in Extending Legal Assistance to
Women and Their Children who are victims of violence, other circulars,
issuances and memoranda or any portion thereof inconsistent herewith are
hereby repealed and/or modified accordingly.
PERSIDA V. RUEDA-ACOSTA
Chief Public Attorney