Legal framework and governing code
- Section 1 of Republic Act No. 9406 amends Section 4, Chapter 1, Title III, Book IV of Executive Order No. 292 by reorganizing the list of constituent units in the Department that includes the Public Attorney's Office (as an attached agency).
- Section 2 amends Section 14, Chapter 5, Title III, Book IV of Executive Order No. 292 by renaming Citizen’s Legal Assistance Office (CLAO) as Public Attorney’s Office (PAO) and by defining PAO’s status and mandate.
- Republic Act No. 9406 further amends Section 15 and Section 16 of Chapter 5, Title III, Book IV of Executive Order No. 292 to restate PAO’s organizational structure and the qualifications and equivalencies of PAO officials.
- Sections 6 and other provisions insert new sections into Chapter 5, Title III, Book IV of Executive Order No. 292, governing appointment, vacancies, personnel continuity, fee exemptions, local government support, and franking privilege.
- Sections 8 to 10 amend Sections 41 and 42, Chapter 10, Book I of Executive Order No. 292 and integrate special allowances with Republic Act No. 6758 (as amended).
- Section 12 requires coordinated implementing action by DBM and the PAO.
- Section 13 provides an express repealing/modification rule for inconsistent issuances.
Policy and mandated role
- The PAO is constituted as the principal law office of the Government for extending free legal assistance to indigent persons.
- The PAO must independently discharge its mandate to provide free of charge, legal representation, assistance, and counselling to indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases.
- In cases of exigency of the service, proper government authorities may call on the PAO to render service to other persons, subject to existing laws, rules and regulations.
- The PAO is established as an independent and autonomous office, attached to the Department of Justice for purposes of policy and program coordination.
Scope, organizational coverage, and offices
- The PAO covers indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases.
- The PAO’s organizational structure in the Central Office includes:
- the Office of the Chief Public Attorney and two (2) Deputy Chief Public Attorneys, and
- six (6) 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.
- The PAO includes Regional, Provincial, City and Municipal District Offices.
- PAO’s top management structure assigns functions as follows:
- one Deputy Chief Public Attorney serves as “Deputy Chief Public Attorney for Administration” in charge of the Administrative; Financial Planning and Management; and Executive Division, and
- the other Deputy Chief Public Attorney serves as “Deputy Chief Public Attorney for Operations” responsible for special and appealed cases; legal research; and field services and statistics upon designation by the Chief Public Attorney.
- PAO Deputy Chief leadership is also allocated regionally by designation:
- one Deputy is designated as Deputy Chief Public Attorney for Luzon, and
- the other Deputy is designated as Deputy Chief Public Attorney for Visayas and Mindanao.
- The Office of the Chief Public Attorney includes its immediate staff, the six Central Office line divisions, the Deputy Chief Public Attorneys, and the Regional, Provincial, City and Municipal District Offices.
Leadership, qualifications, and appointment rules
- The PAO is headed by a Chief Public Attorney assisted by two (2) Deputy Chief Public Attorneys.
- Each PAO Regional Office in each administrative region is headed by a Regional Public Attorney assisted by an Assistant Regional Public Attorney.
- Authority and responsibility for exercising PAO powers and functions are vested in the Chief Public Attorney.
- 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.
- The Deputy Chief Public Attorneys have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of the Assistant Chief State Prosecutor of the National Prosecution Service.
- PAO staff created for each service are headed by a staff director with the same qualifications for appointment, rank, salaries, allowances and privileges as those of the staff director of the National Prosecution Service.
- Regional leadership equivalencies require that the Regional Public Attorney and Assistant Regional Public Attorney have the same qualifications as a Regional State Prosecutor and Assistant Regional State Prosecutor respectively of the National Prosecution Service.
- Provincial, city, and municipal equivalents apply by rank, salaries, allowances, and retirement privileges as follows:
- Provincial Public Attorney as a Provincial Prosecutor of the National Prosecution Service,
- City Public Attorney as a City Prosecutor of the National Prosecution Service, and
- Municipal District Public Attorney as the applicable Municipal District counterpart prosecutor position as stated for the case may be.
- All other PAO administrative personnel have rank and salaries equivalent to their counterparts in the National Prosecution Service.
Appointment, vacancies, and personnel continuity
- The Chief Public Attorney and Deputy Chief Public Attorneys are appointed by the President.
- Deputy Chief Public Attorneys and Regional Public Attorneys are appointed by the President upon the recommendation of the Chief Public Attorney.
- The Chief Public Attorney, Deputy Chief Public Attorneys, and Regional Public Attorneys cannot be removed or suspended except for cause provided by law.
- Preference requirements apply to certain offices:
- Deputy Chief Public Attorneys, Regional Public Attorneys and Assistant Regional Public Attorneys, Provincial Public Attorneys, City Public Attorneys, and Municipal District Public Attorneys must preferably have served as Public Attorneys for at least five (5) years immediately prior to their appointment.
- Administrative and support personnel and other lawyers are appointed by the Chief Public Attorney in accordance with civil service laws, rules and regulations.
- In case of death, permanent incapacity, removal, or resignation of the incumbent Chief Public Attorney, Deputy Chief Public Attorneys, or Regional Public Attorneys, or vacancy thereof:
- the President appoints a new Chief, Deputy Chief, or Regional Public Attorney, or
- the President designates one in an acting capacity until a new one is appointed.
- In case of temporary absence of the Chief Public Attorney, the Chief Public Attorney may designate an Officer-in-Charge as caretaker of the office.
- Incumbent PAO officials and personnel continue holding their positions without the need of new appointment.
Client fee and cost exemptions
- PAO clients are exempt from payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies, whether as an original proceeding or on appeal.
- Costs of suit, attorney’s fees, and contingent fees imposed upon the adversary of PAO clients after successful litigation are deposited in the National Treasury as a trust fund.
- The trust fund is disbursed for special allowances of authorized officials and lawyers of the PAO.
Local support and franking privilege
- Local government units, subject to their capabilities, are authorized to extend support to the PAO in the form of:
- honoraria,
- free office space,
- equipment,
- furniture,
- stationery, and
- manpower.
- The PAO may transmit through ordinary mail and/or registered mail with return card free of charge all official communications and papers directly connected with:
- the conduct of its duties and functions, and/or
- the exercise of administrative supervision over its personnel.
- Privileged mail must bear:
- “Public Attorney's Office” and the address on the left upper corner, and
- the word “Private or unauthorized use to avoid payment of postage is penalized by fine or imprisonment or both.” on the right upper corner.
Staffing ratio and oath authority
- PAO staffing is set at the ratio of one public attorney to an organized sala with corresponding administrative and support staff.
- PAO lawyers are included among officers who have general authority to administer oaths in connection with the performance of duty.
- Officers authorized to administer oaths are not obliged to administer oaths or execute certificates except in matters of official business or in relation to their functions, and the officer performing the service in such matters charges no fee, except when specifically authorized by law.
- Section 42 maintains that notaries public, municipal judges and clerks of court are treated differently from other officers regarding obligation to administer oaths and execute certificates.
- PAO lawyers administering oaths do so without a fee obligation unless a specific law authorizes a fee.
Special allowances and salary treatment
- The Chief Public Attorney, Deputy Chief Public Attorneys, Regional Public Attorneys, Provincial, City and Municipal District Public Attorneys, other PAO lawyers, and officials with direct supervision over PAO lawyers are granted special allowances.
- Special allowances are in amounts to be determined by the Secretary of the Department of Budget and Management (DBM) and the Chief Public Attorney.
- Special allowances must not exceed one hundred percent (100%) of the basic salary of the PAO officials and lawyers.
- Upon implementation of subsequent increases in salary rates under Republic Act No. 6758, as amended:
- special allowances are treated as implementation of the salary increases as may be provided by law, and
- the special allowance equivalent to the increase in basic salary is converted as part of the basic salary.
Appropriations and implementing rules
- The initial implementation cost is charged against the current fiscal year’s appropriations under the budget of the PAO.
- Continued implementation requires that sums necessary be included in the annual General Appropriations Act.
- The DBM and the PAO must adopt and issue rules and regulations for effective implementation within ninety (90) days from approval of the Act.
Repeal, separability, and operative effect
- Any laws, executive orders, presidential decrees, presidential proclamations, letters of implementation, rules and regulations, or parts thereof that are inconsistent with the Act are repealed or modified accordingly.
- If any provision of Republic Act No. 9406 is declared invalid or unconstitutional, the remaining provisions continue in full force and effect.