o Legal representation

RA 9406 o Assistance and

o Counselling
- To indigent persons in
Section 14, Chapter 5, Title 3, Book 4 o Criminal
- PAO shall be an independent and autonomous o Civil
office. o Labor
- But attached to the DOJ for the purposes of policy o Administrative and
and program coordination. o Other quasi-judicial cases
- Shall be the principal law office of the Government - In the exigency of the service
in extending free legal assistance to indigent persons o May be called upon by proper government
in criminal, civil, labor, administrative, and other authorities
quasi-judicial cases.  To render such service to other
- In the exigency of the service, may be called upon persons
by proper government authorities to render such o Subject to existing laws, rules, and
service to other persons regulations
Section 16-D. Exemption from Fees and Costs of the Section 4. Mandate
Suit - Shall be an independent and autonomous office
- Clients shall be exempt from payment of docket and o But attached to the doj for purposes of
other fees
policy and program coordination
- Incidental to instituting an action in court and other
- Shall be the principal law office of the government
quasi-judicial bodies,
in extending free legal assistance to indigent persons
- As an original proceeding or on appeal
in a
- Costs of the suit/attorney’s fees/contingent fees o Criminal
o Deposited in the National Treasury as a trust
o Civil
fund
o Labor
o Disbursed for special allowances of
o Administrative and
authorized officials and lawyers of PAO
o Other quasi-judicial cases
Section 16-E. Local Government Support
- Authorized to extend financial and other support: Section 24. Proof of indigency
o Honoraria - Any of the following
o Latest income tax return
o Free office space
o Certificate of indigency:
o Equipment
 From DSWD having jurisdiction
o Furniture
over the residence of the applicant
o Stationery
 Barangay chairman having
o Manpower jurisdiction over the residence
o Affidavit of indigency executed by the
Section 16-F. Franking privilege applicant
- Transmit through ordinary mail and/or registered
mail free of charge Section 25. Merit Test
- All official communications and papers directly - Meritorious
connected with: o If an evaluation of the law and evidence
o the conduct of its duties/functions
discloses that
o its exercise of administrative supervision o the legal services of the office will
over personnel  assist or
 be in aid of, or
IRR  in furtherance of justice
o taking into consideration the interests of the
party and those of society
Section 5. Powers and Functions - Unmeritorious
- Shall independently discharge its mandate to render,
free of charge,
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 o If it appears, from an evaluation of the law
and evidence on that that
 It has no change of success
 Or is merely to harass or injure the
opposite party
 Or to cause oppression or wrong
- In criminal cases
o The accused enjoys the constitutional
presumption of innocence until the contrary
is proven
o Cases of defendants shall be deemed
meritorious
- May represent an indigent client even If the cause of
action is adverse to a:
o Public officer
o Government office, agency, instrumentality

Section 26. Other persons qualified for assistance

- Immediate members of the family and relatives
within the 4th civil degree of consanguinity of
affinity of PAO lawyer
o Regardless of qualification under the
indigency test
o Subject to the approval of the Chief PA
o Upon recommendation of the Regional
PA/Service Chief
o Requirements:
 Affidavit of kinship
 File leave of absence on every
hearing date
 Submit monthly status report
- PAO personnel
o In criminal cases
o EXC: PAO is the adverse party

Section 29. Authority to administer oaths

- Shall have the general authority to administer oaths
- In connection with the performance of their official
duty
- Shall not charge fees
o Unless specifically authorized by law
- Notarization and preparation of commercial
documents shall be strictly prohibited

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