Title
Reorganizing and Strengthening Public Attorney's Office
Law
Republic Act No. 9406
Decision Date
Mar 23, 2007
Republic Act No. 9406 reorganizes and strengthens the Public Attorney's Office (PAO), providing free legal assistance to indigent individuals and granting special allowances to PAO officials and lawyers, while also establishing the organizational structure, exemptions from fees and costs of suits, support from local government units, qualifications and responsibilities of PAO officials and personnel, administration of oaths, appropriation of funds, and issuance of implementing rules and regulations.

Law Summary

Renaming and Status of the Public Attorney's Office (PAO)

  • The Citizen's Legal Assistance Office (CLAO) is renamed to Public Attorney's Office (PAO).
  • PAO is an independent and autonomous office attached to the DOJ for policy and program coordination.
  • PAO is the principal government law office providing free legal assistance to indigent persons in criminal, civil, labor, administrative, and quasi-judicial cases.

Powers and Functions of the PAO

  • PAO independently renders free legal representation, assistance, and counseling to indigent persons in various types of cases.
  • May provide legal services to other persons as requested by proper government authorities subject to existing laws and regulations.

Organizational Structure of the PAO

  • The PAO consists of:
    1. Office of the Chief Public Attorney and two Deputy Chief Public Attorneys (one for Administration, one for Operations).
    2. Six central office line divisions including Administrative, Financial Planning and Management, Special and Appealed Cases, Legal Research and Statistics, Field Services and Statistics, and Executive Divisions.
    3. Regional, Provincial, City, and Municipal District Offices.

PAO Officials and Qualifications

  • Led by a Chief Public Attorney with two Deputies.
  • Regional Offices headed by Regional Public Attorneys, assisted by Assistant Regional Public Attorneys.
  • Officials have qualifications, rank, salaries, allowances, and retirement privileges equivalent to their counterparts in the National Prosecution Service.
  • Administrative personnel have ranks and salaries equivalent to their counterparts in the National Prosecution Service.

Appointment and Vacancy Procedures

  • Chief and Deputy Chief Public Attorneys appointed by the President.
  • Deputy Chiefs and Regional Public Attorneys appointed by the President upon Chief Public Attorney's recommendation.
  • Removal or suspension only for lawful cause.
  • Preferably appointees have at least five years of experience as Public Attorneys prior to appointment.
  • Other personnel appointed by the Chief Public Attorney per civil service rules.
  • Vacancy due to death, incapacity, removal, or resignation filled by presidential appointment or acting designation.
  • Temporary absence of Chief Public Attorney managed by Officer-in-Charge designation.
  • Incumbents continue in office without need for new appointments.

Exemptions and Support for PAO Clients and Office

  • PAO clients exempt from payment of docket and other fees in court and quasi-judicial proceedings.
  • Costs and fees awarded against adversaries deposited as trust fund for PAO special allowances.
  • Local government units may support PAO with financial aid, office space, equipment, and manpower subject to capability.

Franking Privilege

  • PAO may send official communications through mail free of charge.
  • Mail envelopes must indicate PAO address and a warning that unauthorized use is penalized.

Ratio of Public Attorneys to Organized Courts

  • Maintains one public attorney position per organized court (sala) with necessary administrative and support staff.

Authority to Administer Oaths

  • PAO lawyers authorized to administer oaths in connection with their duties.
  • Officers authorized to administer oaths generally obliged only in official matters and without fees unless otherwise specified.

Special Allowances for PAO Officials and Lawyers

  • Chief, Deputies, Regional, Provincial, City, and Municipal Public Attorneys, and supervising PAO lawyers granted special allowances.
  • Allowances amount determined by Department of Budget and Management (DBM) and Chief Public Attorney, capped at 100% of basic salary.

Effect of Subsequent Salary Increases

  • Special allowances treated as part of salary increases under relevant laws.
  • Increases converted to base salary as provided by law.

Appropriations

  • Initial implementation funded by current PAO budget.
  • Continued funding included in annual General Appropriations Act.

Implementing Rules and Regulations

  • DBM and PAO to issue rules within 90 days after approval for effective implementation.

Repealing Clause

  • Inconsistent laws, executive orders, proclamations, or rules repealed or modified accordingly.

Separability Clause

  • Invalidity of any provision does not affect remaining provisions which stay in effect.

Effectivity

  • Act takes effect 15 days after publication in Official Gazette or two newspapers of general circulation.

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