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Dear PAO: I need a lawyer but cannot afford one. How do I get help
from a public attorney or does a court need to appoint one for me?
CONCERNED CITIZEN.
Dear Concerned Citizen,
The Public Attorney’s Office (PAO) is the
government office primarily tasked to render free legal assistance
to indigent clients who are in need of legal services. You do not
need to wait for the appointment of the court of a counsel de oficio
in order to seek the aid of the PAO. You may simply visit one of our
district offices that is nearest to your place of residence. One of
our public attorneys there will be assigned to interview you for the
proper evaluation of your case or legal problem. The PAO District
Offices are usually located at the Halls of Justice of cities and
municipalities nationwide.
The standard office procedure for the proper
assessment of the legal queries or problems laid before us is
embodied in PAO-Memorandum Circular No. 18, Series of 2002, as
amended or the Amended Standard Office Procedures in Extending Legal
Assistance. All prospective clients of the PAO are subjected to the
indigency and merit tests. You must pass these tests to become a
bona fide client of the PAO.
The indigency test, which may be further
amended by the Chief Public Attorney pursuant to RA No. 9406,
provides that the following shall be considered indigent persons:
1. Those residing in Metro Manila whose family
income does not exceed P14,000.00 a month;
2. Those residing in other cities whose family income does not
exceed P13,000.00 a month;
3. Those residing in all other places whose family income does not
exceed P12,000 a month.
The term “family income” shall be understood
to refer to the gross income of the prospective client and that of
his or her spouse, if any; but shall not include the income of the
other members of the family. (Section 3, Article II, Memorandum
Circular No. 18, Series of 2002, as amended). Ownership of a land
does not disqualify a client, if he passes said income test or if he
does not have any income (Enaje vs. CA).
As proof of your family income and corresponding
indigency, you must first submit any of the following required
documents:
1. Latest Income Tax Return; or
2. Certificate of Indigency issued by the Department of Social
Welfare and Development (DSWD) having jurisdiction over your place
of residence; or
3. Certificate of Indigency issued by the barangay chairman having
jurisdiction over your place of residence.
As mentioned earlier, the foregoing is not the
only test you or other prospective clients of the PAO must pass.
Passing the indigency test does not necessarily mean that you are
already qualified to avail of the free legal services offered by the
PAO. Besides the indigency test, your case must also pass the merit
test. In other words, the case you present must be meritorious or
has a good chance of winning.
A case shall be considered meritorious if an
assessment of the law and evidence on hand discloses that the legal
services of the office will assist, or be in aid of or in
furtherance of justice, taking into consideration the interests of
the party and those of society. Otherwise, if it appears that the
case has no chance of success, or it is intended merely to harass or
injure the opposite party or to work oppression or wrong, this
office must decline the case.
However, there is an instance when the merit
test is dispensed with and passing the indigency test is the only
requirement for the qualification for free legal assistance from the
PAO. This is when the case where legal assistance is sought is a
criminal case and the prospective client is the accused or defendant
in such case. This is because the accused enjoys the constitutional
presumption of innocence until the contrary is proven. Hence, cases
of defendants in criminal actions are always considered meritorious.
In addition to the foregoing, under Section 27
of the Implementing Rules and Regulations of R.A. 9406, otherwise
known as the PAO Law, the PAO may, in the exigency of service, be
called upon by proper government authorities to render immediate
legal service to other persons.
All public attorneys are bound by these cardinal
rules in the assessment of each and every request for legal
assistance or case presented before our office.
The Public Attorney’s Office is always open to
the public to render free legal services and it is worthy to note
that at no time does the PAO charge its clients for legal fees, as
we are proscribed from so doing. Moreover, pursuant to the said PAO
Law, clients of the PAO are now exempt from the payment of docket or
filing fees in court.
We hope that we were able to fully address your
queries.
Editor’s note: Dear PAO is a daily column
of the Public Attorney’s Office. If you need legal advice, send
questions and comments to dearpao@manilatimes.net.
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