RA 9406 Notes

o Legal representation
RA 9406 o Assistance and

o Counselling
- To indigent persons in
Section 14, Chapter 5, Title 3, Book 4 o Criminal
- PAO shall be an independent and autonomous o Civil
office. o Labor
- But attached to the DOJ for the purposes of policy o Administrative and
and program coordination. o Other quasi-judicial cases
- Shall be the principal law office of the Government - In the exigency of the service
in extending free legal assistance to indigent persons o May be called upon by proper government
in criminal, civil, labor, administrative, and other authorities
quasi-judicial cases.  To render such service to other
- In the exigency of the service, may be called upon persons
by proper government authorities to render such o Subject to existing laws, rules, and
service to other persons regulations
Section 16-D. Exemption from Fees and Costs of the Section 4. Mandate
Suit - Shall be an independent and autonomous office
- Clients shall be exempt from payment of docket and o But attached to the doj for purposes of
other fees
policy and program coordination
- Incidental to instituting an action in court and other
- Shall be the principal law office of the government
quasi-judicial bodies,
in extending free legal assistance to indigent persons
- As an original proceeding or on appeal
in a
- Costs of the suit/attorney’s fees/contingent fees o Criminal
o Deposited in the National Treasury as a trust
o Civil
fund
o Labor
o Disbursed for special allowances of
o Administrative and
authorized officials and lawyers of PAO
o Other quasi-judicial cases
Section 16-E. Local Government Support
- Authorized to extend financial and other support: Section 24. Proof of indigency
o Honoraria - Any of the following
o Latest income tax return
o Free office space
o Certificate of indigency:
o Equipment
 From DSWD having jurisdiction
o Furniture
over the residence of the applicant
o Stationery
 Barangay chairman having
o Manpower jurisdiction over the residence
o Affidavit of indigency executed by the
Section 16-F. Franking privilege applicant
- Transmit through ordinary mail and/or registered
mail free of charge Section 25. Merit Test
- All official communications and papers directly - Meritorious
connected with: o If an evaluation of the law and evidence
o the conduct of its duties/functions
discloses that
o its exercise of administrative supervision o the legal services of the office will
over personnel  assist or
 be in aid of, or
IRR  in furtherance of justice
o taking into consideration the interests of the
party and those of society
Section 5. Powers and Functions - Unmeritorious
- Shall independently discharge its mandate to render,
free of charge,
Page 1
o If it appears, from an evaluation of the law
and evidence on that that
 It has no change of success
 Or is merely to harass or injure the
opposite party
 Or to cause oppression or wrong
- In criminal cases
o The accused enjoys the constitutional
presumption of innocence until the contrary
is proven
o Cases of defendants shall be deemed
meritorious
- May represent an indigent client even If the cause of
action is adverse to a:
o Public officer
o Government office, agency, instrumentality
Section 26. Other persons qualified for assistance

- Immediate members of the family and relatives
within the 4th civil degree of consanguinity of
affinity of PAO lawyer
o Regardless of qualification under the
indigency test
o Subject to the approval of the Chief PA
o Upon recommendation of the Regional
PA/Service Chief
o Requirements:
 Affidavit of kinship
 File leave of absence on every
hearing date
 Submit monthly status report
- PAO personnel
o In criminal cases
o EXC: PAO is the adverse party
Section 29. Authority to administer oaths

- Shall have the general authority to administer oaths
- In connection with the performance of their official
duty
- Shall not charge fees
o Unless specifically authorized by law
- Notarization and preparation of commercial
documents shall be strictly prohibited
Page 2

RA 9406 Notes

Uploaded by

Copyright:

Available Formats

RA 9406 Notes

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

RA 9406 Notes

Uploaded by

Copyright:

Available Formats

o Legal representation

RA 9406 o Assistance and

Section 26. Other persons qualified for assistance

Section 29. Authority to administer oaths

You might also like