LABOR CASES MAY BE HANDLED BY PAO LAWYERS

Dear PAO,

I am intending to file a labor case against my former employer because I honestly believe that I was
wrongfully terminated from my post. Although I have a new job right now, I do not think I can afford to
hire a private lawyer. I am just earning enough to support my parents who are now both in their twilight
years. Is it possible for me to seek assistance from one of the lawyers of your office in Region 8, so that I
can pursue my labor complaint? I am a resident of the region, and the office of my previous employer is
also located there. I am not sure if lawyers from PAO are handling labor cases, because I usually hear
that they represent those who are facing criminal charges in court. Please advise me on this matter.

Paco

Dear Paco,

Public Attorneys are mandated to render free legal services to indigents and other qualified persons,
and such services are not merely confined to representing parties who are accused in criminal cases in
court but include those who are parties in civil, labor, administrative and other quasi-judicial cases. It is
provided under the 2016 Revised PAO Operations Manual:

“ARTICLE 1. Persons Qualified for Legal Assistance.- Pursuant to Book IV, Title III, Chapter 5, Section 14
of the Administrative Code of 1987, as amended by Republic Act 9406, in relation to Presidential Decree
1 and Republic Act 6035, the Public Attorney’s Office is mandated 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. x x x” (Emphasis supplied)

Nevertheless, it bears emphasis that for the rendition of regular representation in courts as well as in
quasi-judicial offices or agencies, the parties who intend to secure the services of our office must qualify
under the “Merit Test” and “Indigency Test.” Articles 2 and 3 of the same manual explicitly state:

“ARTICLE 2. 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, be in aid of, or be in the
furtherance of justice, taking into consideration the interests of the party and those of the society. In
such cases, the Public Attorney should agree to represent the party concerned. A contrario, a case is
deemed unmeritorious, if it appears that it has no chance of success, is intended merely to harass or
injure the opposite party, or to work oppression or wrong. In such situations, the Public Attorney must
decline the case. x x x”

ARTICLE 3. Indigency Test. – x x x, the following shall be considered indigent persons:

1. If residing in Metro Manila, whose individual net income does not exceed P14,000.00 a month;
2. If residing in other cities, whose individual net income does not exceed P13,000.00 a month; and
3. If residing in all other places, whose individual net income does not exceed P12,000.00 a month.
The term 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.

xxx

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. x x x”

Accordingly, you may approach our district office, which has jurisdiction over the place where you reside
in Region 8, for the proper assessment of your legal problem in connection with your desire to pursue
the filing of a labor case against your former employer for alleged illegal dismissal, as well as for the
possible rendition of the appropriate legal assistance in your favor in accordance with existing PAO laws,
rules and regulations. Our district offices are usually located at or near the municipal hall, city hall,
provincial hall or hall of justice of each respective municipality, city or province.

On your visit to our district office, it will be best for you to bring all pertinent documents relating to your
employment as well as your complaint against your former employer. It is also advisable for you to bring
any of the following proofs of indigency: (a) Latest Income Tax Return or pay slip, or other proofs of net
income; or, (b) Certificate of Indigency from the Department of Social Welfare and Development, City
Social Welfare and Development Office or Municipal Social Welfare and Development Office having
jurisdiction over the residence of the applicant; or, (c) Certificate of Indigency from the Punong
Barangay/Barangay Chairman having jurisdiction over the residence of the applicant.