 May still represent or
PAO MANUAL
2021 Revied PAO Operations Manual
Chapter II. Clientele
Article 1. Persons Qualified for Legal Assistance
- PAO is mandated to represent
o Free of charge
o Indigents and other persons
qualified for legal assistance
o In all civil, criminal, labor,
administrative, and other quasi-
judicial cases
o Where after due evaluation, it is
determined that the interest of
justice will be served thereby
- In the exigency of service
o PAO may be called upon by proper
government authorities to render
such service to other persons
 Entail national interest and
security
 Urgent cases that may need
immediate action to avoid
injustice
Article 2. Merit test
- Meritorious
o If an assessment of the law and
evidence discloses that the legal
services of the office will
 Assist
 Be in aid of, or
 Be in furtherance of justice
o Taking into consideration the
interests of the parties and those of
society
- Unmeritorious
o If it appears it has no chance of
success
o is intended merely to harass or
injure the opposite party
o to work oppression or wrong
- Indigent client is defendant/respondent
o in civil/administrative case
extend legal assistance
o Criminal case
 Always considered
meritorious because of
constitutional presumption
of innocence until proven
guilty
Article 3. Indigency test
- Income does not include pension of retirees
- Net income is the income less statutory and
authorized deductions
o SSS/PHC/GSIS/PAG-IBIG
o Loan amortizations
- Net income = gross income – allowable
deductions
- Requirements
o Affidavit of indigency
o Latest ITR/pay slip
o Certificate of indigency from
 DSWD having jurisdiction
over residence of applicant
 Barangay Chairperson
having jurisdiction over the
residence of applicant
City/municipality Does not exceed
within NCR 24k a month
Does not exceed
City outside NCR
22k a month
Municipality outside Does not exceed
NCR 20k a month
Article 4. Cases which may be provisionally
accepted
- May accept cases pending verification of
applicant’s indigency and evaluation of the
merit
o Warrant of arrest has been issued
 Assistance needed in filing
a:
 motion to post bail
bond
 motion to reduce
bail
o a person is arrested/detained
o pleading has to be filed immediately
or an appeal has to be perfected
 o appointed by the court as counsel de
oficio
 if subsequent investigation
discloses that the client is
not an indigent request the
court to be relieved
 by filing a motion
for withdrawal of
appearance
o designated on the spot as counsel de
oficio
o RA 9262
 where immediate
preparation and filing of
pleading is necessary
 EXC: conflict of interest
 No need to be indigent
o Children in conflict with the law
o Acts of terrorism
o Credit card holder considered as
delinquent
Article 5. Persons/entities qualified for legal
assistance
- DAR lawyers
o Criminal/administrative complaints
have been filed for acts committed
in connection with the performance
of their official duties
- Farmer-beneficiaries of CARP
o Agrarian related civil or criminal
cases
o Where one of the parties is
represented by a lawyer from DAR
o CARP beneficiaries and
implementers
 Farmers/fishermen/
agricultural workers
endorsed by Magsasaka
partylist
- Indigent laborers in meritorious cases
- Indigent aliens
o Present certificate of indigency from
consular office/embassy
o Qualified OFWs
 Cases within the original
and exclusive jurisdiction of
POEA
- Barangay health workers
- DSWD in filing petitions for:
o involuntary commitment of minors
o peitions for declarations that a child
is abandoned or neglected
- Members of the Association of Local Social
Welfare and Development Officers of the
PH, Inc.
o Criminal/admin cases in connection
with the exercise of their profession
o EXC:
 conflict of interest
 not indigent
 provisional
assistance be given
- Qualified print and broadcast media
practitioners
o In connection with the performance
of their profession
o Suits intended to hamper freedom of
the press and suppress individual
liberties
- Dangerous Drugs Board
o Filing petitions for voluntary
confinement
o EXC: Conflict of interest
- Complaints of Filipinos against foreigners
o Immigration
o Alien registration
- Foreigners in deportation cases
- BI clients
o Notarization of applications
- Members of the Press Photographers of the
PH
o Exercise of their profession or
performance of duties
o Families of their members who are
victims of media killings
- Officials of the PNP
o Patrolman/woman to Police
Executive Master Sergeant
o When sued in the performance of
their duties
- Torture victims
o Has authority to conduct an
independent investigation
- PSA personnel
o Notarization of their contract of
service
- Qualified Taiwanese nationals upon notice
by Legal Aid Foundation
- Constituents of member municipalities of o Individual member must pass
the League of Municipalities of the PH Indigency test
- DOJ Office for Competition - Did not pass the indigency test
- Qualified refugees and displaced peoples o EXC: appointed by the court as
within the PH counsel de oficio in criminal cases
- Asylum seekers/refugees/stateless persons in - Qualified parties represented by de parte
the ARMM counsels
- Public school teachers who are appointed as o EXC: counsels had withdrawn their
Board of Election Inspectors services
o Being sued in relation to their - Landlords/lessors of residential, agricultural,
performance of the said function commercial lands/building
- Individuals or organizations indorsed by o With respect to the filing of
Presidential Commission for the Urban Poor collection or unlawful detainer
- Newly committed persons deprived of - Candidates/parties in all election-related
liberty matters
- Members of the PH Movie Press Club, Inc
o In connection with the exercise of Article 8. Cases not to be handled
their profession - Representing conflicting interests
- Violation of BP 22, EXC:
Article 6. Other Persons Qualified for assistance o Arising from related case already
- Immediate members of the family and handled by PAO on behalf of a
relatives within the 4th civil degree of client
consanguinity/affinity o Appointed by the court as counsel
o EXC: election cases de oficio
o Subject to approval of Chief PA - Prosecution of criminal cases
o Upon recommendation of the o EXC: - there must be no conflict of
Regional PA or Service Head interest
o Lawyer shall:  PAO assisted the offended
 submit an affidavit of party/complainant during
kinship preliminary investigation
 file a leave of absence stage
during hearings  First come first
 submit a monthly status serve
report  Case is on
o PAO EEs and Pas in all cases appeal/certiorari
 Subject to Merit Test  Directive from Secretary of
 EXC: PAO is adverse party Justice to assist the
o PA and EEs in any case filed against Prosecutor
them in relation to the lawful  BP 22 arising from existing
performance of duties case for money claims being
 EXC: PAO not adverse handled by PAO
party  Adoption cases
 Subject to approval of Chief  EXC: adopter is
PA biological parent or
step=parent
Article 7. Persons Not Qualified for Legal o Subject to
Assistance. indigency
- Juridical persons, private/stock corporations test
o EXC: non-stock and non-profit
juridical entities Article 9. Denial of Services
- PA shall issue a denial/disqualification form o Move for preliminary
investigation/reinvestigation
 Within 5 days from learning
Chapter III. Handling of Criminal Cases
of the filing of the
information
Article 1. Covered by Rules on Summary  If beneficial to accused and
Procedure if said accused is entitled
- PA shall file:  If adverse resolution:
o Motion to Quash/Dismiss  Motion for
 File within 10-day period reconsideration
 Grounds:  Appeal
 Lack of jurisdiction o Determine existence of a ground for
over subject matter a motion to quash or dismiss
 Lack of referral to
the barangay Article 3. Duties where accused is detained
conciliation process - Instances
o Counter-affidavit o Bailable crime but no bail
 None of the grounds for  If bail outside financial
MTD is present ability
 File within 10 days from  File motion to
time accused received a reduce bail
copy of the o Non-bailable crime
subpoena/summons o Serving term of imprisonment
o If accused desires to post bail
Article 2. Cases under Regular Procedure  But case not raffled
- Instances:  File a motion to fix amount
o Walk in client of bail
o Detained person avails of services - PA shall:
o Appointed as counsel de oficio o File motion demanding
- PA shall: arraignment/trial
o Secure copy of:  That the custodian bring
 Information person deprived of liberty to
 Affidavit of: court
 Complainant  Also if custodian informs
 His witnesses that PDL in custody
 Documentary evidence demands trial
against the accused o File motion requesting accused be
o Interview the accused released on recognizance
 Legality of arrest
 Nature of charge Article 4. Duties on arraignment
 Accused rights - Ascertain the schedule for arraignment and
 Theory of the defense pre-trial
 Accused’s - If none:
witnesses o Immediately file motion to set case
 Documentary for arraignment and pre-trial
evidence  Within 15 days from such
 Plea of accused knowledge
 Possibility of plea - Other remedies PRIOR to arraignment:
bargaining o MTD
o Petition for review/reinvestigation
 o Provisional remedies
 TRO
 Injunction
 MTD based on speedy trial
Article 5. Duties on Pre-trial
- Ensure agreements/admissions made are
faithfully and accurately reflected
- Prepare judicial affidavits
- Determine if the pre-trial order is an
accurate reflection of the actions taken
o If errors: move to be rectified
- Move for setting of the case for trial to
commence
o With at least 15 days to prepare for
the same
o Make sure that initial presentation of
evidence be set within 30 days from
receipt of pre-trial order
o If complainant fails to appear
 Move to proceed with
pretrial and setting the case
for trial
Article 6. Time limit for trial
- Set for continuous trial
o EXC: Summary procedure
- Regular procedure:
o Not exceed 180 days from the first
day of trial
- Judicial affidavit rule
o 60 days
Article 10. Remedy when accused is not brought
to trial within the Time Limit
- Move to dismiss the charge/information on
the ground of denial of right to speedy trial
o Provide violation of the time limits
o Rebut that the delay is attributable
to any allowed exclusion
o Must be filed prior to:
 Trial
 Entry of plea of guilty
- When delay is due to absence of essential
witness
o Move for the provisional dismissal
of case
 With express consent of the
accused
Article 11. Duty where accused had served the
minimum imposable penalty
- File a motion for the release of the accused
on his own recognizance
Client Indigency test
VAWC Not apply
Police Not apply*
Credit Card Apply
Chapter IV. Children in Conflict with the
Law

Article 7. When accused enters plea of not guilty Article 1. Legal Assistance to CICLs
- At least 15 days to prepare for trial - Placed under detention/deprived of liberty
o Commence within 30 days from - Placed under custodial investigation without
receipt of pretrial order the assistance of counsel
- Designated as counsel de oficio
Article 9. Time limit following an order for new - Neglected child
trial o CICL above 12 years up to 15 years
- Trial shall commence within 30 days from o First kind:
notice of the order  Punishable by imprisonment
o EXC: more than 12 years
 Witness unavailable  Committed:
 Factors that make it  Parricide
impractical  Murder
o Then it may be extended  Infanticide
 Shall not exceed 180 days  Kidnapping and
from notice of the order for serious illegal
new trial detention
 o Where  baptism
victim al
raped/killed  if age contested
 Robbery o file summary
o With proceeding
homicide o If 15 years of below during
o With rape commission of the crime
 Destructive arson  Demand immediate release
 Rape  Also in cases of:
 Carnapping o Prostitution
o Driver or o Mendicancy
occupant is o Sniffing of
killed/raped rugby
 Comprehensive o Violation of
dangerous drugs act curfew
o Second kind: ordinances
 Commits an offense for the  Refer case to local social
second time or oftener welfare officer
 Petition for o Ensure that CICL is held separately
involuntary from adults when detained
commitment must o Ensure that taking of statement is
be filed conducted in:
o If no  PA presence
parents/gua  Parents/guardian/relative and
rdian  local social worker
o If they - During custodial investigation
refuse to o PA shall be present when under
execute investigation
written o If violated, make proper
authorizatio manifestation before concerned
n for office
voluntary - During Inquest Proceedings/Preliminary
confinemen Investigation
t o If torture/ill-treatment was made
Article 2. Scope of Legal Assistance  Make the proper
- Appearing as counsel manifestation
- Preparing pleadings, affidavits, sworn  Recommend investigation
statements necessary for the defense  To prosecutor
- Coordinating with DSWD to procure o When diversion proceedings fail =
immediate release prosecutor conducts inquest
proceedings
Article 3. Stages in rendition of legal assistance  CICL does not qualify for
- Initial contact diversion
o Determine if represented by counsel  CICL/parents do not agree
 Conduct initial interview to diversion
 Ascertain age  Prosecutor determines
o Request diversion not appropriate
 birth o What to do
certifica  Obtain copy of records
te  Prepare counter/affidavit
  And other o Acted with
supporting docs discernment
 Obtain copy of birth o Imposable
certificate penalty
 Assist in preparation of exceeds six
waiver years but
 When not more
circumstances than 12
surrounding the years
case justify conduct - Filing of complaint/information
of prelim o Standard procedures
 Make immediate and  Ensure immediate and
constant verification of prompt assignment of case
status of case to Family Court
 From handling  Move for quashal/dismissal
prosecutor of the case
 So that preferential  If exempt from
attention is given criminal
 Ensure observance of responsibility
procedural requirements  File motion of psychiatric
 Appear as counsel for CICL evaluation
 During clarificatory  If convinced that
conference CICL is not fit to
o Move for dismissal stand trial
 When proper  Move for
- Diversion immediate release
o When not yet filed on recognizance
 Move for referral of the case  Motion to refer case
to the Katarungang for diversion
Pambarangay proceedings before
 Needs consent of CICL’s arraignment
parents o Imprisonme
 When applicable nt not more
 CICL above 15 than 12
years years
 Impossible penalty  Move to set the case
is not more than 6 for arraignment
years o Scheduled
 Undergoing not later
investigation than 7 days
o When filed in court from the
 File a motion before the time of the
court for the holding of filing of the
diversion proceedings information
 File prior to o Arraignment
arraignment  Manifest for the conduct of
 When applicable: arraignment:
o CICL above  in the chambers or
15 years  court sala with
exclusion of public
  When not guilty plea  File motion to dismiss the
entered case and issuance of order
 Move for setting of of final discharge
pre-trial conference  Apply in family
at earliest available court
date possible  Upon the favorable
 When guilty plea entered recommendation of
 Invoke all LSWD officer
mitigating  If failed to comply or not
circumstances rehabilitated
o Pre-trial  Before execution of
 Make certain that there is judgment
full comprehension on the  Make representation
part of the CICL and for another
parents/guardians opportunity to be
o Trial provided to CICL to
 Shall afford protection to comply with the
rights disposition
 Child’s right to measures
privacy  Move for permanent sealing
 Demand of child’s record
confidentiality of  After lapse of 2
child’s records years from:
o Promulgation of judgment o date of
 Move for holding in Closure
 Chambers Order or
 Court sala with o final
exclusion of the discharge of
public CICL
 No media coverage  And there is no
 Move for presence of pending case
 Parents/guardian against child during
 Local social welfare period
and development
officer Chapter V. Women and their Children
 Demand automatic
suspension of sentence
 Probation if not
possible Article 1. VAWC
o Coordinate - Extend legal assistance to victims of
with LSWD violence against women and their children
officer for - Regardless of indigency requirement
commitmen - Services in
t to suitable o filing an application/petition for
youth protection order
rehabilitatio o civil action
n center - May represent other party
o Discharge o Applicant already represented by
counsel de parte
Article 2. Scope
- Legal advice or consultation
- Conduct of pre-litigation/mediation
conference
o Cases involving economic abuse
o With express consent of the victim
o No imminent danger to her and
children’s life
- Preparation of affidavits and other pertinent
papers
- Filing of petition/application for protection
order
o Representation in court
Article 4. Procedure
- Walk in clients
o Prepare pleadings, affidavits
o If not qualify due to conflict of
interest
 Refer to other public and/or
free legal aid organization
o If criminal information is filed
 Turn over to public
prosecutor
Section 2. Appearance of PAO is through Court
Appointment
- Accept appointment
- If conflict of interest
o Withdraw appearance
o Refer to other public and/or free
legal aid organization
Chapter VI. Police Officers
Article 1. Police Officers
- Shall apply to Patrolman/woman to Police
Executive Master Sergeant
- Cases sued in connection with the
performance of their police duties
- Indigency test shall not apply
o EXC: Not in performance of duties
Article 2. Scope
- Legal advice and documentation
- Preparation of written explanation or any
responsive pleading
- Legal representation
Article 3. Procedure in extending legal
assistance
- Determine whether the officer is sued in
connection with performance
o YES: provide assistance
 If not territorial jurisdiction,
refer to district office with
o NO: indigency test shall apply
- Require submission of documents
o Proof of rank
o Copy of complaint, information or
charge sheet
o Evidence
Chapter VII. Credit Card Holders
Article 1. Credit Card Holders
- Apply to
o Credit card holders who received a
demand letter
o Respondent in any collection case
- Must comply with merit + indigency
o Pending: provisional assistance
Article 2. Scope
- Legal advice and documentation
- Preparation of written explanation or any
responsive pleading
- Legal representation
Article 4. Stages in rendition of legal assistance
- Creditor sent formal demand letter
o Duties
 Interview credit card holder
 Instruct person to
provide proof of
indigency
 Require to present copy of
credit card agreement
 Acquaint self with specifics
of credit card obligation
 Consider and discuss
possible means and terms of
payment or settlement
 Draft, sign, and serve a
reply to the creditor
 Discuss with the holder the
terms of agreement
regarding settlement
  If insolvent
 Facts and effects
shall be raised in
reply
- Case already filed in court
o Covered by Small Claims
 Assist credit card holder in
making reply or answer
o Ordinary rules of procedure
 Prepare and file necessary
answer to complaint
 If grounds exist,
counterclaim
o If insolvent
 Raise as defense and proof
shall be attached to answer
Chapter VIII. Summons
Article 1. Section 2. Applicability
- Only be applicable to civil cases
Article 3. Duties
- Section 1. Duties of Filing PA
o Attach a written request
o Ascertain where the case is raffled
o If defendant is outside territorial
jurisdiction of PAO district office
 Include written request that
summons will be served by
another district
- Section 2. Duties of resident PA
o Coordinate with Clerk of Court
o Upon receipt, immediately turn over
to the process server
o If outside territorial jurisdiction
 Original and copies of the
summon shall be
transmitted to the concerned
district office
 Expenses incurred shall be
duly documented and
receipts included in the
report of expenses
Article 4. Service
- Section 3. Service in person
o PAO process server shall serve
summons
o Actions in personam
 Need not be effected at
defendant’s actual residence
 Enough that copy be handed
personally
 Wherever he is
found
- Section 4. Substituted service
o Defendant cannot be served after at
least 3 attempts on 2 different dates
o Where to leave copy
 In residence to a person at
least 18 years
 Office or regular place of
business with some
competent person in charge
 Or one who
customarily
receives
correspondences
 If refused entry
 Any of the officers
of the homeowners’
association or
condominium
corporation
 Or chief security
officer
 Sending electronic mail
- Section 8. Entity without juridical
personality
o Service may be effected upon all the
defendants by serving any one of
them
Chapter IX. Judicial and Quasi-Judicial
Cases
Article 2. Court Assignments
- Not allowed to handle cases or appear in
other courts without the approval of the
District Public Attorney
Article 3. Handling of Cases
- First come, first served
- If conflict of interest
o Inform applicant
o Advise to seek services of private
counsel or legal aid organization
- Official business of lawyers and personnel
 o Must secure written permission
- Authority to travel abroad
o Secure authority to travel abroad
from the Chief Public Attorney
o At least 30 days before intended
travel date
 EXC: emergency cases
- Transfer of cases
o Only upon approval of the
District/Regional PA
Article 4. Withdrawal of representation
- Upon approval of superior
- On justifiable instances:
o Client is not qualified
o Client’s income or resources
improve
o Allegation of indigency is false
o Client engages a de parte counsel
o Client cannot be restrained from
doing things which a lawyer ought
not to do
o Client insists on having control of
the trial which would tend to result
in incalculable harm
o Conflict of interests
Chapter X. Appeals
Article 1. Decision to appeal
- Upon request of the client
- Only meritorious cases
- If no merit
o Inform client in writing, turn over
record of the case to the client
 EXC: criminal cases
o If client insists
 Perfect the appeal
 Then turn over the records
to the client
- Meritorious
o 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 furtherance of
justice
- Unmeritorious
o It has no chance of success
o Intended merely to harass or injure
the opposite party
o To work oppression or wrong
Article 2. Appeals handled by SAC service
- Appeals to the
o Office of the president
o CA
o SC
- Lawyer who handled the case in the lower
court shall be responsible in perfecting the
appeal
- Transmit records within 48 hours from
receipt of decision/order
Article 10. Miscellaneous provisions
- Not file a Notice of Appeal for an accused
who:
o Jumped bail
o Escaped
o Fugitive from justice
- EXC: Surrendered or posted bail pending
appeal
Chapter XI. Non-Judicial Cases
Article 1. Coverage
- Instant services
o Legal advice and counseling
o Documentation and administering
oaths
- Outreach activities
o Assistance to persons undergoing
police interrogation or persons
under detention
o Jail visitations
o Legal information dissemination
Article 2. Legal advice and counseling
- Should be acted upon immediately
o EXC: requires further study and
research
 Return within 3 working
days
- Not subject to Indigency test
Article 3. Documentation
- Requests for preparation of:
 o Affidavits
o Notices
o Other documents
- Subject to Merit Test and Indigency test
o Declaration under oath will suffice
- Requests for preparation of deeds of sale or
real properties and other commercial
documents shall be denied
Article 4. Authority to administer oaths
- General authority to administer oaths
- Free of charge
- In connection with the performance of their
office duty
- Deposited to the National Treasury as trust
fund
- Shall be disbursed for special allowances of
authorized officials and lawyers of PAO
Chapter XIV. Franking Privileges
Article 1.
- May transmit through ordinary mail and/or
registered mail
- Free of charge
- All official communications and papers
- Directly connected with conduct of its duties

Article 5. Assistance to persons undergoing Chapter XV. Rule of Conduct

police interrogation or under detention and
inquest proceedings
- Cannot secure their own counsel Article 1. Rule of Conduct
- Primarily play the role of peacemakers
Article 6. Visiting Jails and Holding centers - Guided by high sense of
- Conduct jail visitation in respective o Fairness
jurisdictions at least once a week o Integrity
o Good faith
Article 7. Legal information dissemination and o Justice
outreach program
- Information dissemination Article 2
- Legal consultation/counseling - Policy is prompt service with a smile
- Lectures
- Services conducted at the community level Article 3
- Shall observe fidelity
Chapter XII. Non-Judicial Cases
Article 4
- Cannot take custody of cash or valuables of
Article 2. Reporting a client
- Monthly reports
- Year-end reports Article 5
- Acceptance of gifts from clients in
Chapter XIII. Litigation Expense and punishable
Success Fees
Chapter XVI. Sanctions
Article 1. Exemption from Fees and Cots
- Docket fees
- Court fees Article 1. Administrative Sanction
- Other fees incidental to instituting an action - Any of the following acts:
in court o Handles cases who are not qualified
- Also filing fees before prosecutor’s office for legal services
o Handles cases outside of PA’s court
Article 3. Costs of suit residency assignment
o Fails to submit monthly and year-
end report
o Travels abroad without securing a
permit/authority to travel abroad
o Fails to transmit records of cases
o Handles appealed cases in appellate
courts
o Fails to perfect an appeal on time
o Fails to attend inquest duty
o Other violations