The PAO’s Mandate, Its Financial Framework and Relevant Free Legal Aid Services

1. The PAO’s Mandate, Its Financial Frameworkand Relevant Free Legal Aid Services Southeast Asia Regional Conference on Legal Aid and Witness Protection

2. By DR. PERSIDA V. RUEDA-ACOSTA Chief Public Attorney, Public Attorney’s Office Doctor of Social Development, College of Social Work and Community Development,University of the Philippines-Diliman, Quezon City Senior Executive Fellow, Harvard Kennedy School Climate Reality Leader, The Climate Reality Project/The Climate Reality Leadership Corps Senior Fellow, Asian Public Intellectuals Fellowships Fellow, Salzburg Global Seminar Fellow, Japan Legal Aid Association International Visitor (IV), International Visitors Program of the United States of America Member, International Legal Aid Group Member, International Association of Bloodstain Pattern Analysts Member, International Corrections and Prisons Association 4th Placer, 1989 Philippine Bar Examinations Professor, Ateno de Manila University Law School

3. Shared information, experiences, and goodwill flow like ripples to our national shores.

4. Principal law office of the Philippine government • Extends free legal assistance to indigent persons and other mandated clients in criminal, civil, labor, administrative and other quasi-judicial cases REPUBLIC ACT NO. 9406 • Approved on March 23, 2007 • Has made the Public Attorney’s Office an independent and autonomous office - attached to the Department of Justice only for purposes of policy and program coordination.

5. Republic Act No. 9406 “An Act Reorganizing And Strengthening The Public Attorney’s Office (PAO), Amending For The Purpose Pertinent Provisions Of Executive Order No.292, Otherwise Known As The “Administrative Code Of 1987”, As Amended, Granting Special Allowance To PAO Officials And Lawyers, And Providing Funds Therefor”.

6. R.A. 9406 provides for the independence and autonomy of PAO • The PAO is an independent and autonomous office, but attached to the Department of Justice for purposes of policy and program coordination. • The PAO is the principal law office of the Philippine Government in extending free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. - R.A. 9406, Section 2

7. ATTACHED AGENCY - has a larger measure of independence from the department to which it is attached. ATTACHMENT - refers to the lateral relationship between the Department or its equivalent and the attached agency or corporation for purposes of policy and program coordination. 9Section 38, Chapter 7, Title III, Book IV, Revised Administrative Code of 1987, as amended by Republic Act No. 9406

8. Public Attorney’s Office (PAO) • Headed by the Chief Public Attorney • Republic Act No. 9406 provides that the authority and mandate of this Office and the discharge of its power and functions shall be vested in the Chief Public Attorney. • Aided by two Deputy Chief Public Attorneys (DCPAs - one DCPA each for administration and operations

9. Organizational structure of the PAO Six (6) line services of the Central Office Administrative Service Financial Planning and Management Service Executive Support Staff Special and Appealed Cases Service Legal Research Service Field Operations and Statistics Services

10. 18regional offices ; 299district offices; five sub-district offices • Two regional special and appealed cases units • One annex and onesatellite offices • 326- total number of offices outside of the Central Office, located at strategic places in the Philippines

11. As of December 2015, the Public Attorney’s Office has one thousand five hundred twenty-three (1,523) public attorneys and one thousand twenty-three (1,023) non-lawyer employees who carry out its mandate.

12. Services provided by the PAO, and the national legislation or directive relative thereto Judicial services • Legal representation in court or quasi-judicial bodies • Renders free legal representation to indigent persons and other qualified clients in criminal, civil, labor, administrative and other quasi-judicial cases. • whether ordinary or special - within the jurisdiction of the regular courts • recognizable by special courts or quasi-judicial bodies • from institution up to finality of judgment, including the appeals - subject to existing PAO law, rules and regulations

13. Non-judicial services • Refer to the instant services and outreach activities of the Office. • Instant services • legal counselling and documentation (i.e. preparation of affidavits, notices, etc.) • administering oaths • mediation and conciliation of disputes • Outreach activities • police custodial investigation and inquest proceedings • jail visitations • barangay (basic political unit in the Philippines) outreach programs • Subject to existing PAO law, rules and regulations

14. Indigency and Merit Tests PAO Operations Manual Article II, Section 3 “Section 3. Indigency Test. Xxx (T)he following shall be considered indigent persons: If residing in Metro Manila, whose individual net income does not exceed P14,000.00 a month; If residing in other cities, whose individual net income does not exceed P13,000.00 a month; and If residing in all other places, whose individual net income does not exceed P12,000.00 a month.

15. The term “net income” as herein employed, shall be understood to refer to the income of the litigant less statutory deductions. “Statutory deductions” shall refer to withholding taxes, GSIS, SSS, Pag-ibig, Health Insurance and Philhealth premiums as well as mandatory deductions. For purposes of this Section, ownership of land shall not per se, constitute a ground for disqualification of an applicant for free legal assistance, in view of the ruling in Juan Enaje vs. Victorio Ramos, et al. (G.R. No. L-22109, January 30, 1970), that the determinative factor for indigency is the income of the litigant and not his ownership of real property.

16. (Indigency Test, continuation…) “To ensure that only those qualified shall be extended free legal assistance, the applicant shall be required to execute an Affidavit of Indigency, and to submit any of the following documents: Latest Income Tax Return or pay slip or other proofs of income; or Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant. Xxx.”

17.  PAO Operations Manual, Article II, Section 2 “Section 2. Merit Test. - 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 the furtherance of justice x x x.”

18. Republic Act No. 9406 (PAO Law) Section 3: “(i)n the exigency of the service, our Office may be called upon by proper government authorities to render such service to other persons, subject to existing laws, rules and regulations”.

19. PRESIDENT RODRIGO ROA DUTERTE FORMER PRESIDENT GLORIA MACAPAGAL-ARROYO FORMER PRESIDENT BENIGNO S. AQUINO III PAO’s free legal aid maintains its relevance regardless of the changes in the Philippine political landscape.

20. PAO’s assistance to drug users who voluntary surrendered Notarization of Affidavits of drug users, as per the request of the Quezon City Police District

21. Dr.Persida V. Rueda-Acosta delivers a Message of Hope and Compassion from the DuterteAdministraton to OFWs in Riyadh. She is shown here with Secretary Abdullah D. Mama-o, the Presidential Adviser on OFWs, and First Secretary and Consul General Iric C. Arribas of the Philippine Embassy/Department of Foreign Affairs in Riyadh . Start anew … in the Philippines

22. Riyadh, KSA Team • DR. PERSIDA V. RUEDA-ACOSTA (Team Leader) Chief Public Attorney • REGIONAL PUBLIC ATTORNEY FRANCIS A. CALATRAVA Region 11, Davao Peninsula • REGIONAL PUBLIC ATTORNEY EDGARDO D. GONZALES Region 9B, Zamboanga Peninsula • OIC-REGIONAL PUBLIC ATTORNEY AVECINA V. ALONTO Region 9A, Autonomous Region of Muslim Mindanao • MS. ALMA DUMAGO-LATOSA OIC, Financial Planning and Management Service (FPMS) PAO-Central Office, Diliman, Quezon City • DIRECTOR ERWIN P. ERFE, LL.B, M.D. PAO Forensic Laboratory PAO-Central Office, Diliman, Quezon City • REYNALDO A. ESPANOLA, JR. PAO Forensic Photographer and Videographer PAO-Central Office, Diliman, Quezon City

23. PRESIDENT RODRIGO ROA DUTERTE Threefold Presidential Directive: • “Properly lodge the claims for salaries and benefits of the OFWs before the proper courts in the Saudi legal system; • “Ensure that no affected OFW goes hungry, shelterless or without medical and related requisites, and • “Repatriate every one affected and convince those still undecided.”

24. Riyadh, KSA Team: • REGIONAL PUBLIC ATTORNEY FRANCIS A. CALATRAVA (Team Leader) • REGIONAL PUBLIC ATTORNEY EDGARDO D. GONZALES • OIC-REGIONAL PUBLIC ATTORNEY AVECINA V. ALONTO Jeddah, KSA Team: • ATTY. GIOVANNI R. MORALES (Team Leader) • ATTY. AL-KHAIZAR A. SAYDIL • ATTY. OMAR M. MACAPAAR Al-Khobar, KSA Team: • ATTY. ERNIE A. MASORONG (Team Leader) • ATTY. ROD PATRICK A. TABUNDA • ATTY. FRANCIS EARL ANTHONY B. VALDEZ

25. 1987 Philippine Constitution, Bill of Rights: "Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty." • R. A. No. 9745 or the Anti-Torture Law of 2009. Under Section 9 (a): The PAO is one of the government agencies, which is authorized to conduct a prompt and an impartial investigation, regarding a case of a victim of torture.

26. Motorcyclist John delaRiartewas handcuffed and was supposed to be brought to the detention center, but was shot while in transit. • PAO filed against the Highway Patrol Group police officers, violation of R. A. No. 9745 or the Anti-Torture Law, and violation of R.A. No. 7438 or the law on the rights of arrested persons, and Murder. • John was hit in the stomach with a gun, spanked on the face, and shoved on the back. This seemingly unnecessary use of force/torture, as shown by the video prompted the PAO to file the charges of violating the Anti-Torture Law.

27. Dr./Atty. Erwin P. Erfe Findings of PAO Forensic Laboratory Director, Dr./Atty. Erwin P. Erfe: John de la Riarte was shot five (5) times close to the heart, liver and hips, and this was done in a manner which can be described as “execution style.”

28. PAO Forensic Laboratory • Provides medico-legal and forensic assistance to clients who seek the help of the PAO Victims’ Assistance Unit • Was launched on January 27, 2010 Has expertise in and equipment for : • Forensic Medicine, Bloodstain Pattern Analysis, Crime Scene Reconstruction , Forensic Osteology, Forensic Odontology, Forensic Archaeology/Exhumation, Forensic & Evidence Photography, Forensic Documents Examinations

29. The PAO’s Victims Assistance Unit • Created on July 12, 2012  • Addresses the needs of: • victims of violence against women and their children • victims of torture • mass disasters • natural calamities • massacres • extrajudicial killings • and children in conflict with the law and • other similar cases * Adopts first come-first served basis policy

30. SINCE 2007: Consistently serving more or less five million (5,000,000) clients; handling more or less five hundred thousand (500,000) cases per year. • LAST YEAR (2015): Served 7,747,735 clients, handled 848,516 cases

31. Increase in Budget

32. Republic Act No. 9406 "SEC. 16-E.Local Government Support. - Local government units, subject to their capabilities, are authorized to extend financial and other support in the form of honoraria, free office space, equipment, furniture, stationery, and manpower to the PAO."

33. Salaries: Tranches 1 & 4 Executive Order No. 201 1st Tranche: January 1, 2016 4th Tranche: January 1, 2019

34. Increase of Plantilla Positions Trainings Mandatory Continuing Legal Education (MCLE) Conventions

35. PAO International Partner Institutions/Training Sponsors • United Nations Children’s Fund (UNICEF) • United Nations Development Programme (UNDP) • United Nations Office on Drugs and Crime (UNODC) • Office of the United Nations High Commissioner for Refugees(UNHCR) • United States Agency for International Development (USAID) • American Bar Association - Rule of Law Initiative (ABA-ROLI)

36. Republic Act No. 9406 Section 7: “(T)here shall be a corresponding number of public attorney’s positions at the ratio of one public attorney to an organized sala and the corresponding administrative and support staff thereto.” • A ratio of 1: 2 or 3 public attorneys to a court still exists despite the presence of the law requiring 1:1 ratio. • Effects of the disparity in the number of public attorneys and the courts: Heavy workload,fast turn-over and transfer of lawyers • The creation of additional plantilla items for public attorneys and staff is of utmost necessity for the Public Attorney’s Office.

37. The number of lawyers and support staff in the PAO xxx regional and districts shall be increased to provide indigents with more access to counsels.

38. PAO handled more than 70 “bullet-planting” cases Dr. Acosta with Couple Esteban and SalvacionCortabista Dr. Acosta with Jerome Sulit and his wife Rochelle