Title
Reorganizing and Strengthening PAO
Law
Republic Act No. 9406
Decision Date
Mar 23, 2007
Republic Act No. 9406 reorganizes and strengthens the Public Attorney's Office (PAO) by granting it autonomy, enhancing its capacity to provide free legal assistance to indigent individuals, and establishing a structured framework for its operations and funding.

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.

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