Question & AnswerQ&A (Republic Act No. 9406)
Republic Act No. 9406 aims to reorganize and strengthen the Public Attorney's Office (PAO), amend pertinent provisions of the Administrative Code of 1987, grant special allowances to PAO officials and lawyers, and provide necessary funding.
The Citizen's Legal Assistance Office (CLAO) was renamed as the Public Attorney's Office (PAO).
Yes, the PAO is an independent and autonomous office but is attached to the Department of Justice for purposes of policy and program coordination.
The PAO is mandated to render free legal representation, assistance, and counselling to indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases. It may also assist other persons upon request by proper government authorities, subject to existing laws.
The PAO consists of the Office of the Chief Public Attorney and two Deputy Chief Public Attorneys, six line divisions in the Central Office, and regional, provincial, city, and municipal district offices.
The President of the Philippines appoints the Chief Public Attorney and Deputy Chief Public Attorneys.
The Chief Public Attorney must have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as the Chief State Prosecutor of the National Prosecution Service.
No, clients of the PAO are exempt from payment of docket and other incidental fees in court and quasi-judicial bodies.
These amounts are deposited in the National Treasury as a trust fund and are disbursed for special allowances of authorized PAO officials and lawyers.
Yes, local government units may extend financial and other support such as honoraria, free office space, equipment, furniture, stationery, and manpower to the PAO, subject to their capabilities.
The PAO may send official communications and papers through ordinary or registered mail free of charge. The mail must be properly marked with 'Public Attorney's Office' and a warning against unauthorized use to avoid postage payment.
There must be one public attorney for every organized sala, along with the necessary administrative and support staff.
Yes, the total special allowances shall not exceed 100% of their basic salary, with amounts determined by the Secretary of the Department of Budget and Management and the Chief Public Attorney.
Upon salary increases, special allowances are considered implementation of these increases. Portions equivalent to the salary increase are converted into part of the basic salary.
Yes, PAO lawyers are authorized to administer oaths in connection with the performance of their duties.