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:
- Office of the Chief Public Attorney and two Deputy Chief Public Attorneys (one for Administration, one for Operations).
- 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.
- 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.