Law Summary
Renaming and Status of Public Attorney's Office (PAO)
- The Citizen's Legal Assistance Office (CLAO) is renamed the Public Attorney's Office (PAO).
- PAO exercises powers and functions formerly held by CLAO and those provided by law hereafter.
- PAO is independent and autonomous but attached to the Department of Justice for policy and program coordination.
- It serves as the principal government law office providing free legal assistance to indigent persons in various cases including criminal, civil, labor, administrative, and quasi-judicial.
Powers and Functions of PAO
- PAO independently renders free legal representation, assistance, and counseling to indigent clients.
- It covers criminal, civil, labor, administrative, and other quasi-judicial cases.
- May also serve other persons upon request by proper government authorities, subject to laws and regulations.
Organizational Structure of PAO
- Headed by a Chief Public Attorney and two Deputy Chief Public Attorneys, designated respectively for administration and operations.
- Deputy Chiefs also designated regionally for Luzon and for Visayas and Mindanao.
- 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.
- Regional, Provincial, City, and Municipal District Offices across the country.
Officials and Qualification Standards
- The Chief Public Attorney has qualifications, rank, salary, allowances, and retirement privileges equal to the Chief State Prosecutor.
- Deputy Chief Public Attorneys have similar qualifications equal to Assistant Chief State Prosecutor.
- Regional Public Attorneys and assistants, Provincial, City, and Municipal Public Attorneys have qualifications and salaries aligned with their respective prosecutorial counterparts.
- Administrative staff positions mirror those in the National Prosecution Service.
Appointment, Removal, and Continuity of Officials
- Chief Public Attorney and Deputy Chief Public Attorneys appointed by the President.
- Deputy and Regional Public Attorneys appointed by the President upon Chief Public Attorney's recommendation.
- These officials may not be removed or suspended except for causes provided by law.
- Preference for appointees who have served as Public Attorneys for at least five years.
- Other personnel appointed by Chief Public Attorney following civil service rules.
- Provisions for vacancies and acting appointments.
- Incumbent personnel continue in their positions without new appointments.
Client Exemptions and Legal Costs
- PAO clients exempt from docket and other court or quasi-judicial fees in original or appellate actions.
- Costs, attorney’s fees, and contingent fees recovered from adversaries in successful cases are deposited in the National Treasury as trust funds.
- These funds are disbursed for special allowances of PAO officials and lawyers.
Support from Local Governments
- Local government units authorized to provide financial and logistical support such as honoraria, office space, equipment, and manpower, subject to their capability.
Franking Privilege of PAO
- PAO can send official communications via ordinary or registered mail free of charge.
- Mail must bear specific markings indicating its official and privileged status.
Ratio of Public Attorneys to Court Sala
- One Public Attorney position is allotted per organized sala.
- Corresponding administrative and support staff positions shall accompany these appointments.
Authority to Administer Oaths
- PAO lawyers are authorized to administer oaths in connection with their duties.
- Officers tasked with this duty charge no fees except as provided by law.
Grant of Special Allowances
- Special allowances granted to Chief, Deputy, Regional, Provincial, City, and Municipal Public Attorneys, and supervising PAO lawyers.
- The amount is determined by the Department of Budget and Management and the Chief Public Attorney and shall not exceed 100% of their basic salary.
Effects of Subsequent Salary Increases
- Special allowances granted are considered part of the implementation of salary increases under existing law.
- Allowances equivalent to salary increases will be converted into basic salary.
Appropriations for Implementation
- Initial funding charged against the current fiscal year PAO budget.
- Continued funding included in the annual General Appropriations Act.
Implementation and Repealing Provisions
- Department of Budget and Management and PAO to issue implementing rules within 90 days of enactment.
- All inconsistent laws and regulations repealed or modified accordingly.
Separability and Effectivity
- If any provision is declared invalid or unconstitutional, other provisions remain effective.
- The Act takes effect 15 days after publication in the Official Gazette or in two newspapers of general circulation.