 May still represent or

PAO MANUAL extend legal assistance

o Criminal case
 Always considered
2021 Revied PAO Operations Manual meritorious because of
constitutional presumption
of innocence until proven
Chapter II. Clientele guilty

Article 1. Persons Qualified for Legal Assistance Article 3. Indigency test

- PAO is mandated to represent - Income does not include pension of retirees
o Free of charge - Net income is the income less statutory and
o Indigents and other persons authorized deductions
qualified for legal assistance o SSS/PHC/GSIS/PAG-IBIG
o In all civil, criminal, labor, o Loan amortizations
administrative, and other quasi- - Net income = gross income – allowable
judicial cases deductions
o Where after due evaluation, it is - Requirements
determined that the interest of o Affidavit of indigency
justice will be served thereby o Latest ITR/pay slip
- In the exigency of service o Certificate of indigency from
o PAO may be called upon by proper  DSWD having jurisdiction
government authorities to render over residence of applicant
such service to other persons  Barangay Chairperson
 Entail national interest and having jurisdiction over the
security residence of applicant
 Urgent cases that may need City/municipality Does not exceed
immediate action to avoid within NCR 24k a month
injustice
Does not exceed
City outside NCR
22k a month
Article 2. Merit test
- Meritorious Municipality outside Does not exceed
o If an assessment of the law and NCR 20k a month
evidence discloses that the legal
services of the office will Article 4. Cases which may be provisionally
 Assist accepted
 Be in aid of, or - May accept cases pending verification of
 Be in furtherance of justice applicant’s indigency and evaluation of the
o Taking into consideration the merit
interests of the parties and those of o Warrant of arrest has been issued
society  Assistance needed in filing
- Unmeritorious a:
o If it appears it has no chance of  motion to post bail
success bond
o is intended merely to harass or  motion to reduce
injure the opposite party bail
o to work oppression or wrong o a person is arrested/detained
- Indigent client is defendant/respondent o pleading has to be filed immediately
o in civil/administrative case or an appeal has to be perfected
 o appointed by the court as counsel de o involuntary commitment of minors
oficio o peitions for declarations that a child
 if subsequent investigation is abandoned or neglected
discloses that the client is - Members of the Association of Local Social
not an indigent request the Welfare and Development Officers of the
court to be relieved PH, Inc.
 by filing a motion o Criminal/admin cases in connection
for withdrawal of with the exercise of their profession
appearance o EXC:
o designated on the spot as counsel de  conflict of interest
oficio  not indigent
o RA 9262  provisional
 where immediate assistance be given
preparation and filing of - Qualified print and broadcast media
pleading is necessary practitioners
 EXC: conflict of interest o In connection with the performance
 No need to be indigent of their profession
o Children in conflict with the law o Suits intended to hamper freedom of
o Acts of terrorism the press and suppress individual
o Credit card holder considered as liberties
delinquent - Dangerous Drugs Board
o Filing petitions for voluntary
Article 5. Persons/entities qualified for legal confinement
assistance o EXC: Conflict of interest
- DAR lawyers - Complaints of Filipinos against foreigners
o Criminal/administrative complaints o Immigration
have been filed for acts committed o Alien registration
in connection with the performance - Foreigners in deportation cases
of their official duties - BI clients
- Farmer-beneficiaries of CARP o Notarization of applications
o Agrarian related civil or criminal - Members of the Press Photographers of the
cases PH
o Where one of the parties is o Exercise of their profession or
represented by a lawyer from DAR performance of duties
o CARP beneficiaries and o Families of their members who are
implementers victims of media killings
 Farmers/fishermen/ - Officials of the PNP
agricultural workers o Patrolman/woman to Police
endorsed by Magsasaka
Executive Master Sergeant
partylist
o When sued in the performance of
- Indigent laborers in meritorious cases
their duties
- Indigent aliens
- Torture victims
o Present certificate of indigency from
o Has authority to conduct an
consular office/embassy
independent investigation
o Qualified OFWs
- PSA personnel
 Cases within the original
o Notarization of their contract of
and exclusive jurisdiction of
service
POEA
- Qualified Taiwanese nationals upon notice
- Barangay health workers
by Legal Aid Foundation
- DSWD in filing petitions for:
- Constituents of member municipalities of o Individual member must pass
the League of Municipalities of the PH Indigency test
- DOJ Office for Competition - Did not pass the indigency test
- Qualified refugees and displaced peoples o EXC: appointed by the court as
within the PH counsel de oficio in criminal cases
- Asylum seekers/refugees/stateless persons in - Qualified parties represented by de parte
the ARMM counsels
- Public school teachers who are appointed as o EXC: counsels had withdrawn their
Board of Election Inspectors services
o Being sued in relation to their - Landlords/lessors of residential, agricultural,
performance of the said function commercial lands/building
- Individuals or organizations indorsed by o With respect to the filing of
Presidential Commission for the Urban Poor collection or unlawful detainer
- Newly committed persons deprived of - Candidates/parties in all election-related
liberty matters
- Members of the PH Movie Press Club, Inc
o In connection with the exercise of Article 8. Cases not to be handled
their profession - Representing conflicting interests
- Violation of BP 22, EXC:
Article 6. Other Persons Qualified for assistance o Arising from related case already
- Immediate members of the family and handled by PAO on behalf of a
relatives within the 4th civil degree of client
consanguinity/affinity o Appointed by the court as counsel
o EXC: election cases de oficio
o Subject to approval of Chief PA - Prosecution of criminal cases
o Upon recommendation of the o EXC: - there must be no conflict of
Regional PA or Service Head interest
o Lawyer shall:  PAO assisted the offended
 submit an affidavit of party/complainant during
kinship preliminary investigation
 file a leave of absence stage
during hearings  First come first
 submit a monthly status serve
report  Case is on
o PAO EEs and Pas in all cases appeal/certiorari
 Subject to Merit Test  Directive from Secretary of
 EXC: PAO is adverse party Justice to assist the
o PA and EEs in any case filed against Prosecutor
them in relation to the lawful  BP 22 arising from existing
performance of duties case for money claims being
 EXC: PAO not adverse handled by PAO
party  Adoption cases
 Subject to approval of Chief  EXC: adopter is
PA biological parent or
step=parent
Article 7. Persons Not Qualified for Legal o Subject to
Assistance. indigency
- Juridical persons, private/stock corporations test
o EXC: non-stock and non-profit
juridical entities Article 9. Denial of Services
- PA shall issue a denial/disqualification form o Move for preliminary
investigation/reinvestigation
 Within 5 days from learning
Chapter III. Handling of Criminal Cases
of the filing of the
information
Article 1. Covered by Rules on Summary  If beneficial to accused and
Procedure if said accused is entitled
- PA shall file:  If adverse resolution:
o Motion to Quash/Dismiss  Motion for
 File within 10-day period reconsideration
 Grounds:  Appeal
 Lack of jurisdiction o Determine existence of a ground for
over subject matter a motion to quash or dismiss
 Lack of referral to
the barangay Article 3. Duties where accused is detained
conciliation process - Instances
o Counter-affidavit o Bailable crime but no bail
 None of the grounds for  If bail outside financial
MTD is present ability
 File within 10 days from  File motion to
time accused received a reduce bail
copy of the o Non-bailable crime
subpoena/summons o Serving term of imprisonment
o If accused desires to post bail
Article 2. Cases under Regular Procedure  But case not raffled
- Instances:  File a motion to fix amount
o Walk in client of bail
o Detained person avails of services - PA shall:
o Appointed as counsel de oficio o File motion demanding
- PA shall: arraignment/trial
o Secure copy of:  That the custodian bring
 Information person deprived of liberty to
 Affidavit of: court
 Complainant  Also if custodian informs
 His witnesses that PDL in custody
 Documentary evidence demands trial
against the accused o File motion requesting accused be
o Interview the accused released on recognizance
 Legality of arrest
 Nature of charge Article 4. Duties on arraignment
 Accused rights - Ascertain the schedule for arraignment and
 Theory of the defense pre-trial
 Accused’s - If none:
witnesses o Immediately file motion to set case
 Documentary for arraignment and pre-trial
evidence  Within 15 days from such
 Plea of accused knowledge
 Possibility of plea - Other remedies PRIOR to arraignment:
bargaining o MTD
o Petition for review/reinvestigation
 o Provisional remedies
 TRO Article 10. Remedy when accused is not brought
 Injunction to trial within the Time Limit
 MTD based on speedy trial - Move to dismiss the charge/information on
the ground of denial of right to speedy trial
Article 5. Duties on Pre-trial o Provide violation of the time limits
- Ensure agreements/admissions made are o Rebut that the delay is attributable
faithfully and accurately reflected to any allowed exclusion
- Prepare judicial affidavits o Must be filed prior to:
- Determine if the pre-trial order is an  Trial
accurate reflection of the actions taken  Entry of plea of guilty
o If errors: move to be rectified - When delay is due to absence of essential
- Move for setting of the case for trial to witness
commence o Move for the provisional dismissal
o With at least 15 days to prepare for of case
the same  With express consent of the
o Make sure that initial presentation of accused
evidence be set within 30 days from
receipt of pre-trial order Article 11. Duty where accused had served the
o If complainant fails to appear minimum imposable penalty
 Move to proceed with - File a motion for the release of the accused
pretrial and setting the case on his own recognizance
for trial
Client Indigency test
Article 6. Time limit for trial
- Set for continuous trial VAWC Not apply
o EXC: Summary procedure Police Not apply*
- Regular procedure:
o Not exceed 180 days from the first Credit Card Apply
day of trial
- Judicial affidavit rule Chapter IV. Children in Conflict with the
o 60 days Law

Article 7. When accused enters plea of not guilty Article 1. Legal Assistance to CICLs
- At least 15 days to prepare for trial - Placed under detention/deprived of liberty
o Commence within 30 days from - Placed under custodial investigation without
receipt of pretrial order the assistance of counsel
- Designated as counsel de oficio
Article 9. Time limit following an order for new - Neglected child
trial o CICL above 12 years up to 15 years
- Trial shall commence within 30 days from o First kind:
notice of the order  Punishable by imprisonment
o EXC: more than 12 years
 Witness unavailable  Committed:
 Factors that make it  Parricide
impractical  Murder
o Then it may be extended  Infanticide
 Shall not exceed 180 days  Kidnapping and
from notice of the order for serious illegal
new trial detention
 o Where  baptism
victim al
raped/killed  if age contested
 Robbery o file summary
o With proceeding
homicide o If 15 years of below during
o With rape commission of the crime
 Destructive arson  Demand immediate release
 Rape  Also in cases of:
 Carnapping o Prostitution
o Driver or o Mendicancy
occupant is o Sniffing of
killed/raped rugby
 Comprehensive o Violation of
dangerous drugs act curfew
o Second kind: ordinances
 Commits an offense for the  Refer case to local social
second time or oftener welfare officer
 Petition for o Ensure that CICL is held separately
involuntary from adults when detained
commitment must o Ensure that taking of statement is
be filed conducted in:
o If no  PA presence
parents/gua  Parents/guardian/relative and
rdian  local social worker
o If they - During custodial investigation
refuse to o PA shall be present when under
execute investigation
written o If violated, make proper
authorizatio manifestation before concerned
n for office
voluntary - During Inquest Proceedings/Preliminary
confinemen Investigation
t o If torture/ill-treatment was made
Article 2. Scope of Legal Assistance  Make the proper
- Appearing as counsel manifestation
- Preparing pleadings, affidavits, sworn  Recommend investigation
statements necessary for the defense  To prosecutor
- Coordinating with DSWD to procure o When diversion proceedings fail =
immediate release prosecutor conducts inquest
proceedings
Article 3. Stages in rendition of legal assistance  CICL does not qualify for
- Initial contact diversion
o Determine if represented by counsel  CICL/parents do not agree
 Conduct initial interview to diversion
 Ascertain age  Prosecutor determines
o Request diversion not appropriate
 birth o What to do
certifica  Obtain copy of records
te  Prepare counter/affidavit
  And other o Acted with
supporting docs discernment
 Obtain copy of birth o Imposable
certificate penalty
 Assist in preparation of exceeds six
waiver years but
 When not more
circumstances than 12
surrounding the years
case justify conduct - Filing of complaint/information
of prelim o Standard procedures
 Make immediate and  Ensure immediate and
constant verification of prompt assignment of case
status of case to Family Court
 From handling  Move for quashal/dismissal
prosecutor of the case
 So that preferential  If exempt from
attention is given criminal
 Ensure observance of responsibility
procedural requirements  File motion of psychiatric
 Appear as counsel for CICL evaluation
 During clarificatory  If convinced that
conference CICL is not fit to
o Move for dismissal stand trial
 When proper  Move for
- Diversion immediate release
o When not yet filed on recognizance
 Move for referral of the case  Motion to refer case
to the Katarungang for diversion
Pambarangay proceedings before
 Needs consent of CICL’s arraignment
parents o Imprisonme
 When applicable nt not more
 CICL above 15 than 12
years years
 Impossible penalty  Move to set the case
is not more than 6 for arraignment
years o Scheduled
 Undergoing not later
investigation than 7 days
o When filed in court from the
 File a motion before the time of the
court for the holding of filing of the
diversion proceedings information
 File prior to o Arraignment
arraignment  Manifest for the conduct of
 When applicable: arraignment:
o CICL above  in the chambers or
15 years  court sala with
exclusion of public
  When not guilty plea  File motion to dismiss the
entered case and issuance of order
 Move for setting of of final discharge
pre-trial conference  Apply in family
at earliest available court
date possible  Upon the favorable
 When guilty plea entered recommendation of
 Invoke all LSWD officer
mitigating  If failed to comply or not
circumstances rehabilitated
o Pre-trial  Before execution of
 Make certain that there is judgment
full comprehension on the  Make representation
part of the CICL and for another
parents/guardians opportunity to be
o Trial provided to CICL to
 Shall afford protection to comply with the
rights disposition
 Child’s right to measures
privacy  Move for permanent sealing
 Demand of child’s record
confidentiality of  After lapse of 2
child’s records years from:
o Promulgation of judgment o date of
 Move for holding in Closure
 Chambers Order or
 Court sala with o final
exclusion of the discharge of
public CICL
 No media coverage  And there is no
 Move for presence of pending case
 Parents/guardian against child during
 Local social welfare period
and development
officer Chapter V. Women and their Children
 Demand automatic
suspension of sentence
 Probation if not
possible Article 1. VAWC
o Coordinate - Extend legal assistance to victims of
with LSWD violence against women and their children
officer for - Regardless of indigency requirement
commitmen - Services in
t to suitable o filing an application/petition for
youth protection order
rehabilitatio o civil action
n center - May represent other party
o Discharge o Applicant already represented by
counsel de parte
Article 2. Scope Article 3. Procedure in extending legal
- Legal advice or consultation assistance
- Conduct of pre-litigation/mediation - Determine whether the officer is sued in
conference connection with performance
o Cases involving economic abuse o YES: provide assistance
o With express consent of the victim  If not territorial jurisdiction,
o No imminent danger to her and refer to district office with
children’s life o NO: indigency test shall apply
- Preparation of affidavits and other pertinent - Require submission of documents
papers o Proof of rank
- Filing of petition/application for protection o Copy of complaint, information or
order charge sheet
o Representation in court o Evidence

Article 4. Procedure
Chapter VII. Credit Card Holders
- Walk in clients
o Prepare pleadings, affidavits
o If not qualify due to conflict of Article 1. Credit Card Holders
interest - Apply to
 Refer to other public and/or o Credit card holders who received a
free legal aid organization demand letter
o If criminal information is filed o Respondent in any collection case
 Turn over to public - Must comply with merit + indigency
prosecutor o Pending: provisional assistance

Section 2. Appearance of PAO is through Court Article 2. Scope

Appointment - Legal advice and documentation
- Accept appointment - Preparation of written explanation or any
- If conflict of interest responsive pleading
o Withdraw appearance - Legal representation
o Refer to other public and/or free
legal aid organization Article 4. Stages in rendition of legal assistance
- Creditor sent formal demand letter
o Duties
Chapter VI. Police Officers
 Interview credit card holder
 Instruct person to
Article 1. Police Officers provide proof of
- Shall apply to Patrolman/woman to Police indigency
Executive Master Sergeant  Require to present copy of
- Cases sued in connection with the credit card agreement
performance of their police duties  Acquaint self with specifics
- Indigency test shall not apply of credit card obligation
o EXC: Not in performance of duties  Consider and discuss
possible means and terms of
Article 2. Scope payment or settlement
- Legal advice and documentation  Draft, sign, and serve a
- Preparation of written explanation or any reply to the creditor
responsive pleading  Discuss with the holder the
- Legal representation terms of agreement
regarding settlement
  If insolvent o Actions in personam
 Facts and effects  Need not be effected at
shall be raised in defendant’s actual residence
reply  Enough that copy be handed
- Case already filed in court personally
o Covered by Small Claims  Wherever he is
 Assist credit card holder in found
making reply or answer - Section 4. Substituted service
o Ordinary rules of procedure o Defendant cannot be served after at
 Prepare and file necessary least 3 attempts on 2 different dates
answer to complaint o Where to leave copy
 If grounds exist,  In residence to a person at
counterclaim least 18 years
o If insolvent  Office or regular place of
 Raise as defense and proof business with some
shall be attached to answer competent person in charge
 Or one who
customarily
Chapter VIII. Summons
receives
correspondences
Article 1. Section 2. Applicability  If refused entry
- Only be applicable to civil cases  Any of the officers
of the homeowners’
Article 3. Duties association or
- Section 1. Duties of Filing PA condominium
o Attach a written request corporation
o Ascertain where the case is raffled  Or chief security
o If defendant is outside territorial officer
jurisdiction of PAO district office  Sending electronic mail
 Include written request that - Section 8. Entity without juridical
summons will be served by personality
another district o Service may be effected upon all the
- Section 2. Duties of resident PA defendants by serving any one of
o Coordinate with Clerk of Court them
o Upon receipt, immediately turn over
to the process server Chapter IX. Judicial and Quasi-Judicial
o If outside territorial jurisdiction Cases
 Original and copies of the
summon shall be Article 2. Court Assignments
transmitted to the concerned - Not allowed to handle cases or appear in
district office other courts without the approval of the
 Expenses incurred shall be District Public Attorney
duly documented and
receipts included in the Article 3. Handling of Cases
report of expenses - First come, first served
- If conflict of interest
Article 4. Service o Inform applicant
- Section 3. Service in person o Advise to seek services of private
o PAO process server shall serve counsel or legal aid organization
summons - Official business of lawyers and personnel
 o Must secure written permission o Intended merely to harass or injure
- Authority to travel abroad the opposite party
o Secure authority to travel abroad o To work oppression or wrong
from the Chief Public Attorney
o At least 30 days before intended Article 2. Appeals handled by SAC service
travel date - Appeals to the
 EXC: emergency cases o Office of the president
- Transfer of cases o CA
o Only upon approval of the o SC
District/Regional PA - Lawyer who handled the case in the lower
court shall be responsible in perfecting the
Article 4. Withdrawal of representation appeal
- Upon approval of superior - Transmit records within 48 hours from
- On justifiable instances: receipt of decision/order
o Client is not qualified
o Client’s income or resources Article 10. Miscellaneous provisions
improve - Not file a Notice of Appeal for an accused
o Allegation of indigency is false who:
o Client engages a de parte counsel o Jumped bail
o Client cannot be restrained from o Escaped
doing things which a lawyer ought o Fugitive from justice
not to do - EXC: Surrendered or posted bail pending
o Client insists on having control of appeal
the trial which would tend to result
in incalculable harm Chapter XI. Non-Judicial Cases
o Conflict of interests

Article 1. Coverage
Chapter X. Appeals - Instant services
o Legal advice and counseling
Article 1. Decision to appeal o Documentation and administering
- Upon request of the client oaths
- Only meritorious cases - Outreach activities
- If no merit o Assistance to persons undergoing
o Inform client in writing, turn over police interrogation or persons
record of the case to the client under detention
 EXC: criminal cases o Jail visitations
o If client insists o Legal information dissemination
 Perfect the appeal
 Then turn over the records Article 2. Legal advice and counseling
to the client - Should be acted upon immediately
- Meritorious o EXC: requires further study and
o Assessment of the law and evidence research
on hand discloses that the legal  Return within 3 working
services of the Office will assist, be days
in aid of, or be in furtherance of - Not subject to Indigency test
justice
- Unmeritorious Article 3. Documentation
o It has no chance of success - Requests for preparation of:
 o Affidavits - Deposited to the National Treasury as trust
o Notices fund
o Other documents - Shall be disbursed for special allowances of
- Subject to Merit Test and Indigency test authorized officials and lawyers of PAO
o Declaration under oath will suffice
- Requests for preparation of deeds of sale or Chapter XIV. Franking Privileges
real properties and other commercial
documents shall be denied
Article 1.
Article 4. Authority to administer oaths - May transmit through ordinary mail and/or
- General authority to administer oaths registered mail
- Free of charge - Free of charge
- In connection with the performance of their - All official communications and papers
office duty - Directly connected with conduct of its duties

Article 5. Assistance to persons undergoing Chapter XV. Rule of Conduct

police interrogation or under detention and
inquest proceedings
- Cannot secure their own counsel Article 1. Rule of Conduct
- Primarily play the role of peacemakers
Article 6. Visiting Jails and Holding centers - Guided by high sense of
- Conduct jail visitation in respective o Fairness
jurisdictions at least once a week o Integrity
o Good faith
Article 7. Legal information dissemination and o Justice
outreach program
- Information dissemination Article 2
- Legal consultation/counseling - Policy is prompt service with a smile
- Lectures
- Services conducted at the community level Article 3
- Shall observe fidelity
Chapter XII. Non-Judicial Cases
Article 4
- Cannot take custody of cash or valuables of
Article 2. Reporting a client
- Monthly reports
- Year-end reports Article 5
- Acceptance of gifts from clients in
Chapter XIII. Litigation Expense and punishable
Success Fees
Chapter XVI. Sanctions
Article 1. Exemption from Fees and Cots
- Docket fees
- Court fees Article 1. Administrative Sanction
- Other fees incidental to instituting an action - Any of the following acts:
in court o Handles cases who are not qualified
- Also filing fees before prosecutor’s office for legal services
o Handles cases outside of PA’s court
Article 3. Costs of suit residency assignment
o Fails to submit monthly and year-
end report
o Travels abroad without securing a
permit/authority to travel abroad
o Fails to transmit records of cases
o Handles appealed cases in appellate
courts
o Fails to perfect an appeal on time
o Fails to attend inquest duty
o Other violations