QuestionsQuestions (Republic Act No. 9406)
RA 9406 amends pertinent provisions of Executive Order No. 292 (Administrative Code of 1987). It reorganizes and strengthens the Public Attorney’s Office (PAO), grants special allowances to PAO officials and lawyers, and provides funds therefor.
RA 9406 states that the PAO is an independent and autonomous office, but attached to the Department of Justice in accordance with the Administrative Code provisions for purposes of policy and program coordination.
The PAO is the principal law office of the government extending free legal assistance to indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases.
It affirms that the PAO independently discharges its mandate to render free legal representation, assistance, and counseling to indigent persons, and may be called upon to render services to other persons in the exigency of service, subject to existing laws and rules.
The PAO consists of: (1) the Office of the Chief Public Attorney and two Deputy Chief Public Attorneys with specified areas of responsibility; (2) six line divisions in the Central Office (Administrative; Financial Planning and Management; Special and Appealed Cases; Legal Research and Statistics; Field Services and Statistics; Executive); and (3) Regional, Provincial, City and Municipal District Offices.
One Deputy Chief Public Attorney is the 'Deputy Chief Public Attorney for Administration' overseeing administrative/financial planning/executive divisions; the other is the 'Deputy Chief Public Attorney for Operations' responsible for special and appealed cases, legal research, and field services and statistics (upon designation by the Chief Public Attorney).
They are appointed by the President. The Deputy Chief Public Attorneys and Regional Public Attorneys are appointed by the President upon the recommendation of the Chief Public Attorney. Their removal/suspension is only for cause provided by law, and they must have the same qualifications (including rank, salaries, allowances, and retirement privileges) as their counterparts in the National Prosecution Service for comparable positions.
Under the new Section 16-C, incumbent officials and personnel continue holding their positions without the need of new appointment.
If the Chief/Deputy Chief/Regional Public Attorney dies, is permanently incapacitated, removed, resigns, or if a vacancy occurs, the President appoints a new one or designates one in an acting capacity until a new appointment is made. For temporary absence of the Chief Public Attorney, the Chief may designate an Officer-in-Charge.
Clients of the PAO are exempt from payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies, whether as an original proceeding or on appeal.
They are deposited in the National Treasury as a trust fund and disbursed for special allowances of authorized PAO officials and lawyers.
There shall be a corresponding number of public attorney positions at the ratio of one public attorney to an organized sala, including the corresponding administrative and support staff.
The Chief, Deputy Chiefs, Regional and Provincial/City/Municipal District Public Attorneys, other PAO lawyers, and officials supervising PAO lawyers are granted special allowances determined by the DBM and the Chief Public Attorney, capped at not exceeding 100% of the basic salary.
Upon implementation of subsequent increases under RA 6758 (as amended), the special allowances are considered part of the salary increases as provided by law; the allowance equivalent to the increase in basic salary is converted into basic salary.
Within 90 days from approval, the DBM and the PAO must adopt and issue rules and regulations for effective implementation.
RA 9406 amends the Administrative Code to include PAO lawyers among the officers with general authority to administer oaths in connection with the performance of duty.
The PAO may transmit official communications and papers directly connected with its duties/administrative supervision over its personnel through ordinary or registered mail free of charge; the envelope must bear specific markings, and unauthorized use to avoid postage payment is penalized.