Question & AnswerQ&A (Republic Act No. 9406)
Republic Act No. 9406 is an act reorganizing and strengthening the Public Attorney's Office (PAO), amending provisions of the Administrative Code of 1987, granting special allowances to PAO officials and lawyers, and providing funds for its implementation.
Under RA 9406, the Citizen's Legal Assistance Office is renamed as the Public Attorney's Office (PAO).
The PAO is the principal law office of the government tasked with extending free legal assistance to indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases.
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 shall independently render free legal representation, assistance, and counseling to indigent persons in various cases and may render such services to other persons when called upon by proper government authorities, subject to existing laws and regulations.
The President of the Philippines appoints the Chief Public Attorney and the two Deputy Chief Public Attorneys.
The Chief Public Attorney has the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of the Chief State Prosecutor of the National Prosecution Service.
There are six line divisions in the Central Office: Administrative; Financial Planning and Management; Special and Appealed Cases; Legal Research and Statistics; Field Services and Statistics; and Executive Divisions.
PAO clients are exempt from payment of docket and other fees incidental to instituting a case in court or other quasi-judicial bodies, whether in original proceedings or on appeal.
These fees and costs shall be deposited in the National Treasury as a trust fund and used for special allowances of authorized officials and lawyers of the PAO.
The Chief Public Attorney, Deputy Chief Public Attorneys, Regional Public Attorneys, Provincial, City, Municipal District Public Attorneys, and other PAO lawyers who supervise are granted special allowances determined by the DBM and the Chief Public Attorney, not exceeding 100% of their basic salary.
Yes, the PAO may send official communications and papers through ordinary or registered mail free of charge, bearing a special marking indicating privileged mail.
PAO lawyers have the authority to administer oaths in connection with the performance of their duties.
LGUs, subject to their capabilities, can extend financial and other support such as honoraria, free office space, equipment, furniture, stationery, and manpower to the PAO.
The other provisions not affected shall continue to be in full force and effect according to the Separability Clause.