Role of pao in the protection of human rights

Thrusts and ChallengesThrusts and Challenges

Public Attorney’s Office (PAO)

MISSION

To provide free legal representation, assistance and counselling to indigent persons in criminal, civil, labor, and administrative cases thereby giving realization to the constitutional mandate that “free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty (Sec. 11, Article 3 of the 1987 Philippine Constitution)”.


VISION

The PAO envisions a God-centered, service-oriented and dynamic institution that would be the center of excellence as the principal law office of the government in extending free legal assistance to indigents led by highly competent, world-class, development oriented and nationalistic leaders.


MANDATEThe mandate of the Public Attorney’s Office has been specified and

strengthened in the provisions of R.A. 9406 or the so called – “PAO Law” which amended the administrative code of 1987, for the purpose. Pertinent provision of the amended provisions now reads;

SEC. 14. Public Attorney’s office (PAO). – The Citizen’s Legal Assistance Office (CLAO) is renamed Public Attorney’s office (PAO). It shall exercise the powers and functions as are now provided by law for the Citizen’s Legal Assistance Office or may hereafter be provided by law.

The PAO shall be an independent and autonomous office, but attached to the Department of justice in accordance with Section 38(3), Chapter 7 of Book IV of this Code for purposes of policy and program coordination.

The PAO shall be the principal law office of the Government in extending free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases.

SEC. 14-A. powers and Functions. – The PAO shall independently discharge its mandate to render, free of charge legal representation, assistance, and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. In the exigency of the service, the PAO may be called upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations.


The broad mandate of the PAO as the principal law office of the government in extending free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases and legal assistance to such other persons as may be called upon by proper government authorities, pursuant to R.A. 9406 & related laws, has been fleshed out in the following services rendered:

I.Regular Services

1.Judicial Services(Courts, Administrative & Other Quasi-judicial Bodies)Criminal - complainant/victim or accused on a first come-first served basisCivilLabor CasesAdministrative CasesProsecutor’s OfficeSpecial ProceedingsProvisional RemediesAppealed Cases

2.Quasi-judicial Services / Administrative BodiesA.Mediation, Conciliation and Arbitration (ADR)B.Investigation


3. Non-judicial Cases / Services Legal Advice and Counselling Legal Research and Opinion Notarial Work / Administration Oaths

4. Inquest Services/ Jail Visitation and Other Outreach Activities and/or Services

Custodial / Inquest Investigation Jail Visitation (Prisoners interviewed and provided with medical, dental and

legal assistance) Barangay Outreach Program

5. Provisional / Limited Services and Immediate Legal Services Appointment as Counsel de OfficioDuring:a. Arraignment onlyb. Pre-trial onlyc. Promulgation of Judgment onlyd. Other Limited Service Appointment as counsel by order of proper government authority


II. Other Legal Services Pursuant to MOAs and when called upon by proper Government Authorities

MOAs Specific Provisions of Law Court orders

PAO’s MANDATE, POWERS & FUNCTIONS

The broad mandate of the Office “to provide free legal assistance to indigent clients”, encompasses:CriminalCivilLaborAdministrative, andOther Quasi-Judicial cases

Consisting of:Legal counselling/opinionLegal representationPreparation of pleadings, briefs, affidavits, forms and other legal documentsInquest activitiesConciliation & mediationBarangay outreach programNotarial works/administering of oathsJail visitation & medical missionOther provisional / limited and immediate services

In the exigency of the service, the PAO may be called upon by proper government authority to render such services to other person, subject to existing laws, rules and regulations.*By MOA or circular or directive

POLICIES AND RULES

Code of Conduct/ Manual of Operation Merit and Indigency Test First Come First Served Rule Court Residency Rule Public Attorneys and employees not to be custodian of

client’s money/property Service with a smile Conflict of Interest Rule PAO lawyers representation of immediate members of

the family, exemption from indigency and court residency rule

Notice of Denial / Disqualification of request for legal assistance

PAO’s MANDATE, POWERS & FUNCTIONS

Reorganization Immediate legal service. – In the exigency of the service, the PAO may be called

upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations. (Section 27, Rule VI, IRR of R.A. 9406) – By MOA& Department Orders.

Exemption from payment of docket fees and other legal fees (see: OCA Circular No. 121-2007 & Memorandum dated January 4, 2008 of Hon. Raul M. Gonzales, Department Circular No. 46, June 25, 2010, Hon. Alberto C. Agra

Support from LGUs (see: Memo Circular No. 2007-52 dated May 18, 2007 of Hon. Ronaldo Puno, Secretary, DILG)

Upgrading of salaries and ranks Franking privileges Notarial services/Administration of oaths Reorganization: Designation of one DCPA for Luzon Designation of one DCPA for Visayas & Mindanao Division to Services

Section 8 Rule III of I.R.R. of R.A. 9406

PERTINENT PROVISIONS OF R.A. 9406

PERFORMANCE INDICATORS TARGETS2013

ACCOMPLISHMENTS

PI Set 1:

*Number of cases under management.

*Percentage of cases with favorable judgment.

*Percentage of requests for legal assistance /

representation acted upon within three working days

from the date of request.

*Percentage of hearings for which postponement is

sought by the PAO legal representative.

745,980

64.5%

92%

1%

746,161

65.99%

100%

0.04%

PI Set 2:

*Number of clients served (non-judicial).

*Number of legal advisories / counseling provided.

*Percentage of clients who rated the legal services of

PAO as satisfactory or better.

*Percentage of requests for assistance that are acted

upon within two hours.

4,631,0

97

1,731,5

54

88%

96%

4,648,422

1,731,982

99.84%

100%

2013 Major Accomplishments

Clients Assisted and Cases Handled

Total No. of Clients Assisted 7,126,56

5

Total No. of Cases Handled 746,161

Average No. of Clients Assisted by Each

Lawyer

4,748

Average No. of Cases Handled by Each

Lawyer

497

FAVORABLE TO CLIENTS(2013 Criminal Cases)

Acquittals 11,659

Dismissed with prejudice 37,392

Motion to quash granted 2,805

Demurrer to evidence granted 2,990

Provisionally dismissed 39,992

Convicted to lesser offense 39,829

Probation granted 3,634

Won 656

Granted lesser award 2,652

Dismissed based on compromised agreement

4,226

Criminal case for preliminary investigation: Filed in court (complainant) Dismissed (respondent)

3,6532,964

Pre-trial releases and other favorable dispositions: Bail (Non-bailable offense) Recognizance Diversion proceedings / Intervention Suspended sentence Maximum imposable penalty served

325453378200278

Total Terminated Criminal Cases 206,127

Total Favorable Dispositions

152,452

Rate of Total

Favorable Dispositions 73.96%

Winning Appealed Criminal Cases

Acquittals from Reclusion Perpetua 82

Acquittals from Reclusion Temporal 89

TOTAL 171

PAO Offices

REGION

DISTRICT /SUB-

DISTRICT OFFICES

REGION

DISTRICT /SUB-

DISTRICT OFFICES

REGION

DISTRICT /SUB-

DISTRICT OFFICES

Central Office

IV-A

CALABARZON34

IX-AARMM

3, 1 (sub-district)

National Capital Region

16IV-B

MIMAROPA12

IX-BZamboanga Peninsula

14, 1 (satellite office)

Cordillera Administrative Region

13, 2 (sub-district)

VBicol Region

20X

Northern Mindanao


IIlocos Region

21VI

Eastern Visayas

18XI

Davao Region11

IICagayan Valley

15VII

Central Visayas21, 1 (RSACU)

XIISOCCSKSARGEN

11

IIICentral Luzon


VIIIWestern Visayas

24XIII

CARAGA11

TOTAL DISTRICT OFFICES 314TOTAL NUMBER OF REGIONAL OFFICES 17

Memorandum of Agreements (MOAs) Entered into by PAO

Persons qualified for PAO legal assistance

pursuant to existing Memorandum of Agreements (MOAs) and Department of Justice (DOJ Directives), as follows:

Department of Agrarian Reform lawyers against whom criminal and administrative complaints have been filed for acts in connection with the performance of their official duties (Directive of the Minister of Justice);


Farmer-beneficiaries of the Agrarian Reform Law,

a) in agrarian-related civil or criminal cases pending before the courts and

b) in cases against fellow beneficiaries pending before the courts or the Department of Agrarian Reform Adjudication Board (DARAB) where one of the parties is already represented by a lawyer from the Department of Agrarian Reform (Memorandum of Agreement, dated May 8, 1991, between DAR and DOJ);


Indigent laborers in meritorious labor cases

(Memorandum Order of the Secretary of Justice, dated May 19, 1988);

Indigent aliens (2nd Indorsement of the Undersecretary of Justice, dated March 25, 1974);

Qualified overseas contract workers in all cases within the original and exclusive jurisdiction of the Philippines Overseas Employment Administration (Memorandum of Agreement between PAO, DOLE, POEA, OWWA and some NGOs, dated April 2, 1993);


Barangay Health Workers (Sec. 16, Rule II, and

Part 5, Rule VII of the Implementing Rules and Regulations of Republic Act No. 7883);

Department of Social Welfare and Development in the filing of petitions for the involuntary commitment of minors, as well as the filing of petitions for the declaration that a child is abandoned or neglected (Directive of Minister of Justice Neptali Gonzales, dated February 10, 1987);


Members of the Association of Local Social Welfare

and Development Officers of the Philippines, Incorporated (ALSWDOPI) in criminal and administrative complaints/cases related to or in connection with the exercise of their profession or performance of duties, unless there is a conflict of interest or when a member does not qualify under the PAO’s Indigency Test, in which case, a provisional assistance shall be afforded to him/her (Memorandum of Agreement between the ALSWDOPI and the Public Attorney’s Office, dated August 27, 2009);


Qualified Print and Broadcast Media Practitioners,

as well as their staff and crew, who are harassed into incarceration (Memorandum Circular No. 01, S. 2009, dated January 5, 2009 in relation to Memorandum of Agreement between the National Press Club (NPC) and PAO dated May 29, 2009);

Dangerous Drugs Board, its authorized representatives and drug offenders, in the filing of petitions for voluntary confinement, except when there is conflict of interest (Memorandum of Agreement between the Dangerous Drugs Board and the Public Attorney’s Office, dated July 15, 2008);


Filipino complainants against foreigners for violations of

immigration, alien registration and other local laws; respondent foreigners in deportation cases; Bureau of Immigration clients in the notarization of applications; and such other legal services assigned by the Commissioner (Memorandum of Agreement between the Bureau of Immigration and the Public Attorney’s Office, dated February 4, 2009);

Members of the Press Photographers of the Philippines (PPP) under investigation for a complaint or on trial for a case, including cases under inquest proceedings, related to or in connection with the exercise of profession or performance of duties, and to the families of PPP members who are victims of media killings (Memorandum of Agreement between the Press Photographers of the Philippines and the Public Attorney’s Office, dated May 25, 2009);


Officials of the Philippine National Police holding the ranks of Police

Officer I (POI) to Senior Police Officer 4 (SPO4) when sued in the performance of their police duties (DOJ Department Circular No. 78, dated October 26, 2009 and Memorandum, dated November 9, 2009)

League of Municipalities of the Philippines (LMP), PAO to provide and extend free legal assistance and court representation subject to Republic Act (R.A.) 9406 (PAO Law), rules and regulations, to qualified constituents of any member of municipalities of the League.

National Commission on Muslim Filipinos (NCMF), PAO to provide materials and resource persons for the Rights of the Accused topic and to facilitate the internship of trainees with the PAO for one month.

United Nations High Commissioner for Refugees and Stateless Persons.


OTHER SERVICES RENDERED BY PAO

JAIL VISITATION AND

DECONGESTION PROGRAM

This outreach program for inmates has been strengthened by the PAO-Central Office Legal, Medical, Dental and Optical Jail Visitation Program. With prior approval of the then Hon. Justice Secretary Raul M. Gonzales, this program was started in 2007 and has been continuously conducted in various jails in the Philippines.


LEGAL/INQUEST PROCEEDINGS ASSISTANCE

On their scheduled duties, the public attorneys and staff ofthe PAO-Central Office have alternately been providing legal andinquest proceedings assistance even during night time, weekends andholidays since October 2009. For this purpose, the PAO hotline,929-9436, is open to the public 24/7.

In September 2010, the coverage of this program was widened for the benefit of the people that are being served by the regional and district offices of the PAO nationwide. Since then, the said offices have been rendering legal assistance (e.g. legal advice, attending to the legal needs of suspects in the police stations within the territorial jurisdiction of the concerned PAO regional/district offices) up to 10:00 p.m. everyday (including weekends and holidays) but the assigned PAO inquest public attorneys and staff therein remain on call during their respective scheduled duties whenever there is an inquest in the said police stations.

A total of 26,841 clients benefited from the services provided by the PAO consisting of inquest assistance, legal advice/counseling and documentation at the above duty stations covering the period January to December 2013.


MEDIATION AND CONCILIATION AS PART

OF THE QUASI-JUDICIAL SERVICE

For the year 2013, the office handled a total of 449,611 cases for mediation and conciliation.


CHALLENGES

FAST TURNOVER OF PAO LAWYERS

The high turnover rate of PAO lawyers isprimarily due to the following reasons:

Resignation to engage in private law practice; Transfer to the National Prosecution Service (NAPROSS); Transfer to the judiciary; Transfer to other government owned and controlled corporations; and Heavy workload; No attractive retirement benefits – Awaiting full implementation of R.A. 9406 RE:

Retirement Benefits of Prosecutor’s Applied to PAO.

Due to uncompetitive compensation package and allowance given to its personnel, the PAO has difficulty in maintaining public attorneys in its fold. However, with the recent upgrading of salary grades for lawyers in the agency pursuant to R.A. 9406, the PAO is hopeful to retain most of its lawyers in the service until retirement age, more or less.

CHALLENGES

HEAVY WORKLOAD

On the average, a public attorney is assigned to at least two (2) courts. The total number of plantilla positions for lawyers are not enough to cover every court in the Philippines.

CHALLENGES

CHALLENGES

Authorize

dFilled Unfilled

Lawyers 1,536 1,525 11* Number of Courts as of December, 2013– 2,214

The table below shows the number of authorized, filled, and unfilled positions for lawyers from January to December 2013, to wit:

It is also worthy to mention that aside from handling criminal and civil cases, public attorneys are likewise mandated to handle: (1) preliminary investigation of cases before the Office of the Public Prosecutor; (2) labor cases before the National Labor Relations Commission; (3) administrative cases before administrative bodies like DARAB, PRC, DECS, PLEB, Insurance Commission, POEA, SSS, etc.

Establishment of the Witness Protection Program

for PAO Separate from DOJ (Proposal to Congress needs to amend the law).

Lack of funds for the continuous capacity building / enhancement of the skills and competence of PAO lawyers through the holding of training, workshops and seminars – Forensic Service.

Organization, establishment andmaintenance of database, casemanagement, and monitoring system forall cases handled by PAO nationwide.

CHALLENGES

Increase the number of lawyers assigned in

each of the Regional and District Offices for a more effective and efficient delivery of services pursuant to Republic Act 9406 (PAO Law).

Endeavor to meet the ideal situation of one PAO lawyer being assigned to one court for a more effective and efficient representation of clients.

CHALLENGES

The public Attorney’s Office is deeply committed to the effective and efficient fulfilment of its mandate. Its record of notable accomplishment in the delivery of its mandated services through the years has always been fulfilling for the office, and has given pride and honor to the public attorneys and staff, who have served as such.

Thank You!

Leadership & Management

Role of pao in the protection of human rights