The Manila Times Republika ng Pilipinas Kagawaran ng Katarungan
Tanggapan ng Manananggol Pambayan PUBLIC ATTORNEY’S OFFICE
DOJ Agencies Building, NIA Road corner East Avenue 1104 Diliman, Quezon City
Telephone Nos. 9299010/9299436; Fax Nos. 9276610/9262878
Memorandum Circular No. 007 Series of 2010
CODE OF CONDUCT FOR PUBLIC ATTORNEYS AND EMPLOYEES OF THE PUBLIC ATTORNEY’S OFFICE Section 1. Purpose. – This Code of Conduct is issued to set forth, define and consolidate the policies and rules
of conduct to be observed by Public Attorneys and other employees of the Office in providing legal assistance pursuant to the Public Attorney’s Office mandate and in dealing with the public.
Section 2. Coverage. –The Code of Conduct for Public Attorneys shall apply to all public attorneys performing their duties in providing legal assistance pursuant to the mandate of the Public Attorney’s Office. On the other hand, the Code of Conduct for other employees shall apply to all those who hold a permanent or temporary appointment, including contractual, co-terminus and detailed employees as a guide in discharging their respective functions of assisting the Office in carrying out its mandate.
The provisions of this Code shall be suppletory to the existing laws, rules and regulations governing the conduct, responsibilities and accountabilities of public officials and employees.
MISSION: The Public Attorney’s Office exists to provide the indigent litigants, the oppressed, marginalized and underprivileged members of the society free access to courts, judicial and quasi-judicial agencies, by rendering legal services, counseling and assistance in consonance with the Constitutional mandate that “free access to courts shall not be denied to any person by reason of poverty” in order to ensure the rule of law, truth and social justice as components of the country’s sustainable development.
VISION: A government agency that is God-centered and dynamic bureaucracy that is responsive to the ever-
growing legal needs of the indigents and oppressed led by highly competent, world- class, development-oriented, honest, dedicated and nationalistic leaders and lawyers.
Section 3. Core Values Respect for the rule of law, human rights and dignity of human being Commitment to public service Public interest over and above personal interest Honesty, integrity and competence Courtesy, sincerity and candidness Prompt and effective delivery of legal assistance Non-discrimination as to creed, religion, politics, sexual orientation, marital status or age Frugal use and responsible management of government resources Section 4. Declaration of Policies. – To promote a high standard of conduct and ethics in providing legal
services to qualified individuals, all Public Attorneys and employees of this Office shall discharge their duties with utmost responsibility, integrity and competence.
Section 5. Definition of Terms. – As used in this Code, the term: a. “Office” refers to the Public Attorney’s Office;
b. “Employee” shall refer to all personnel, including public attorneys, holding a permanent or temporary appointment including contractual, co-terminus and those detailed from other government agencies;
c. “Client” shall refer to any person to whom the Office renders legal services/assistance;
d. “Gift” shall refer to a thing or a right to dispose gratuitously or any act of liberality in favor of another who accepts it, including a simulated sale or an ostensibly onerous disposition thereof from a person who has been a client of PAO;
e. “Receiving any gift” shall refer to the act of accepting, directly or indirectly, a gift from a client who is not a member of his family or relative;
f. “Conflict of Interest” shall refer to the Office’s representation at the same time of inconsistent interest of two or more opposing parties in the same case/s;
g. “OB Slips” – refer to permits issued to the employees before leaving the Office on official business. Section 6. Norms of Conduct of Public Attorneys and Employees. – Every Public Attorney and employee
shall observe the following standards of personal conduct in the discharge and execution of official duties: A. Standards of Personal Conduct:
a. Commitment to free legal services – All public attorneys shall strictly adhere to their duty of providing free legal assistance and/or representation to indigent and qualified persons in civil, criminal administrative and quasi-judicial cases at all times;
b. c. d. e.
Professionalism.- Public Attorneys shall perform and discharge their functions promptly and effectively in accordance with the lawyer’s oath and their oath of office. They shall be courteous, respectful and professional in their dealings toward their clients, members of the bar, the bench and the public;
Justness and sincerity.- Public Attorneys shall uphold the interest of their clients and shall be candid with them at all times; upholding the rule of law and what is fair, just and equitable under the circumstances;
Integrity and Moral Uprightness.- Public Attorneys’ integrity, morality and conduct shall be beyond reproach;
Non-discrimination. - Employees of the Office shall provide free legal service to litigants in accordance with existing rules and regulations without discrimination, directly or indirectly against any person on grounds of race, color, ethnic or national origin, gender, marital status, sexual orientation, disability, age, political predilections or religion. ;
f. g.
Confidentiality.- Information obtained from and communications had with the clients are privileged and shall be kept confidential at all times even after termination of lawyer-client relationship; maintaining and respecting the fiduciary relations between lawyer and client all the time;
Preparedness.- Public Attorneys shall appear for trial adequately prepared on the law and facts of the case, the evidence to be adduced and the order of preference. They shall be ready with the original documents for comparison with the duplicate or photocopy thereof; and should file pleadings, memoranda and briefs on time;
h. i. j. k.
Simple living.- Public Attorneys shall lead modest lives avoiding ostentatious display of wealth in any manner;
Responsibility and frugality.- Public Attorneys shall be the role model for others on how to be responsible and frugal in the management and use of government resources;
Neutrality and Independence. – All employees shall maintain professional independence and shall not allow this to be compromised by undue influence.
Unity in Information Dissemination. To preserve the integrity of the office and to ensure the preservation of national security and interest involving PAO cases, Public Attorneys and employees shall refrain from conducting press conferences and media interviews without prior authority of the Chief Public Attorney or his duly authorized representative.
B. Prohibited Acts/Practices:
a. Public Attorneys shall refrain from encouraging or doing acts contrary to law, good morals, custom, public policy and public order; and shall avoid any act, utterances or circumstances that can cause intrigue and sow dissension and division in the Office;
b. Public Attorneys are strictly prohibited from representing conflicting interests. They shall therefore refrain from accepting, assisting or representing the opposing party of any of the Office’s clients which could prejudice the latter’s interest. Thus, once there appears to be a conflict of interest or a risk thereof, public attorneys shall immediately inform the client about the said conflict and cease to act for and in his behalf; and, refer the latter to a law office or any of the organizations providing free legal service;
c. Public Attorneys shall be strictly prohibited from engaging in private law practice except in cases involving immediate members of their family; and, provided that a written authorization of the Chief Public Attorney is first obtained;
d. Public Attorneys shall not allow or assist a witness to lie or circumvent facts, and/or misrepresent himself;
e. Public Attorneys shall not browbeat or harass a witness; f. Public Attorneys shall not testify on behalf of their clients, except –
a. on formal matters such as, among others, mailing and authentication or custody of an instrument; and
b. on substantial matters where the testimony is crucial and indispensable in serving the ends of justice; in which event, the trial of the case shall be entrusted to another counsel during their testimony.
g. Public Attorneys and employees shall not take custody or possession of cash or valuable of a client or any valuable which is the object/subject of settlement. Should there be fees to be paid, the client shall be advised to make the payment directly to the cashier of the appropriate court or quasi-judicial body;
h. Public Attorneys shall not coerce or pressure a client to plead guilty where it is not warranted by the facts and circumstances surrounding the case;
i. Public Attorneys shall not appear in court where they are not assigned except upon prior approval of the Chief Public Attorney, Regional Public Attorney or the District Public Attorney;
j. Public Attorneys are strictly prohibited from soliciting or accepting gifts from any person in connection with the performance of their official duties; or enter into any transaction that would prejudice the interest of their clients or that of the Office;
k. Public Attorneys shall not directly or indirectly be interested, financially or materially, in any property, right, privilege or transaction of the Office’s clients;
l. Public Attorneys shall faithfully attend to their inquest duties and jail visitation as directed;
m. Public Attorneys are prohibited from representing and assisting persons not qualified for legal assistance subject to exceptions provided under PAO MC No. 18, Series of 2002 and Section 3 of RA 9406;
n. Public Attorneys shall not unduly delay or cause the delay of the case and/or impede the execution of judgment;
o. Public Attorneys and employees shall not engage in rumor mongering, sowing intrigue and dissention against superiors or co-employees;
p. Public Attorneys and employees shall at all times during office hours be at their respective designated areas of work and shall not wander around idling and/or chatting with other persons on matters not covered by their official duties and responsibilities;
q. Public Attorneys and employees shall not be absent without filing an application for leave in accordance with CSC rules and regulations unless they have suffered illnesses which requires medical attention; and,
r. Public Attorneys and employees shall not engage in other analogous circumstances in violation of existing laws, rules and regulations.
Section 7. Duties of Public Attorneys and Employees. – In the performance of their duties, all Public Attorneys
and employees shall follow the provisions of the Citizen’s Charter of the Office. In addition thereto, they are under obligation to observe the following:
a. Act promptly on letters and requests, and comply with the fifteen (15) day working period from receipt of such letter or request to respond to the same;
b. Submit performance reports. – In the submission of the said reports, the following periods shall be observed: 1. For Monthly Reports – within the first three (3) days of the succeeding month;
2. For Performance Evaluation Reports – at the end of every semester, within fifteen (15) days from the start of the succeeding semester; and
3. For Year- End Reports and Inventory of Cases – within the first ten (10) days of the succeeding year; c. Process documents and papers expeditiously;
d. Act immediately on the public’s personal transactions. – All Public Attorneys and employees must attend to any qualified person who wants to avail of the services of the Office and must act promptly and expeditiously;
e. Make documents accessible to the public. – All public documents must be made accessible to, and readily available to the public, within reasonable working hours, except those covered by the confidentiality and privileged communication rules;
f. Faithfully attend jail visitations and inquest duties; g. Secure permission or OB slips before leaving the office during office hours; h. Observe, follow and uphold all laws, rules and regulations; i. Observe, follow and uphold all office issuances, including but not limited to the PAO Operations Manual Section 8. Duties of Public Attorneys. – Subject to existing rules and regulations, Public Attorneys shall
assist or represent free of charge, indigent persons and other qualified clients in all civil, criminal, administrative and quasi-judicial cases. In addition thereto, Public Attorneys shall:
a. Endeavor to maintain relationships with the legal profession and other agencies in the criminal justice system based on courteousness, mutual respect and professionalism;
b. Maintain and respect the fiduciary relationship which exists between lawyer and client. All Public Attorneys shall not misuse their position or information acquired in the course of their duties to further their interest or that of others;
c. All Public Attorneys shall not refuse to advise, assist or represent a client because of the nature of the allegation of the client or because of the Public Attorneys’ personal views;
d. Appear for trial adequately prepared on the law and facts of their cases, the evidence they will adduce, and the order of its preference. They should also be ready with the original documents for comparison
s.
Section 4. Cases Which May be Provisionally Accepted. – Public Attorneys may accept or handle cases provisionally, pending verification of the applicant’s indigency and evaluation of the merit of his/her case in the following instances:
1. When a warrant of arrest has been issued, and assistance is needed in filing a Motion to Post Bailbond or Reduction thereof for his/her provisional liberty;
2. When a person is arrested and/or detained, and appropriate immediate legal action is necessary to protect his/her rights;
3. When a pleading has to be filed immediately, to avoid adverse effects to the applicant; 4. When an appeal or petition for certiorari or prohibition has to be perfected or filed immediately;
5. When the Public Attorney is appointed by the court as counsel de oficio, to represent the defendant during the trial of the case, provided, however, that if a subsequent investigation discloses that the client is not indigent, the lawyer should request the court to relieve him/her by filing a Motion for Withdrawal of Appearance from the case;
6. Where the Public Attorney is designated on the spot, as counsel de oficio for the purpose only of arraignment, pre-trial or promulgation of decision;
7. In cases involving violence against women and their children under Republic Act No. 9262, where immediate preparation and filing of pleading/s is necessary to avoid adverse effects to the victims, except, when there is conflict of interest. Non-indigent women and their children may seek PAO’s assistance;
8. In cases involving Children In Conflict with the Law (CICLs), where there is an immediate need of counsel;
9. In cases involving credit card holder/s considered as “delinquent” by the credit card company, and immediate action is necessary; and
10. Cases which require provisional assistance pursuant to Section 3 of R.A. 9406 (Section 14-A Chapter 5, Title III, Book IV of Executive Order No. 292, otherwise known as the “Administrative Code of 1987”), to wit:
“Sec. 14-A. Powers and Functions. – The PAO shall independently discharge its mandate to render, free
of charge, legal representation, assistance and counseling 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.” (emphasis supplied)
11. Other similar urgent cases.
Section 5. Persons/Entities Qualified for Legal Assistance Pursuant to Memoranda Of Agreement, Department of Justice Directives and special laws, as follows:
1. Department of Agrarian Reform lawyers, against whom criminal and/or administrative complaints have been
Office Order No. 137 Series of 2010
PUBLIC ATTORNEY’S OFFICE (PAO) OPERATIONS MANUAL
ARTICLE I PURPOSE
Section 1. Purpose. – This Manual sets forth, defines and consolidates the policies, rules and procedures to be
observed by PAO lawyers and employees in the handling, recording and reporting of cases and in rendering other forms of legal services to indigents and other persons qualified for free legal assistance.
ARTICLE II CLIENTELE
Section 1. Persons Qualified for Legal Assistance. - Pursuant to Book IV, Title III, Chapter 5, Section 14 of the
Administrative Code of 1987, as amended by Republic Act 9406, in relation to Presidential Decree No. 1 and Republic Act No. 6035, the Public Attorney’s Office is mandated to represent, free of charge, indigents, and other persons qualified for legal assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after due evaluation, it is determined that the interest of justice will be served thereby. Accordingly, the PAO shall extend legal assistance to qualified persons whose case is meritorious.
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 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, taking into consideration the interests of the party and those of society. In such cases, the Public Attorney should agree to represent the party concerned. A contrario, a case is deemed unmeritorious, if it appears that it has no chance of success, or is intended merely to harass or injure the opposite party, or to work oppression or wrong. In such situation the Public Attorney must decline the case.
However, if the indigent client is the defendant or respondent in a civil or administrative case already filed in any
court or quasi-judicial agency, notwithstanding the determination as to the merit of the case, the Public Attorney shall still represent or extend legal assistance to the client, in order to protect his rights.
A Public Attorney may represent an indigent client even if his cause of action is adverse to a public officer, government
office, agency or instrumentality provided the case is meritorious. Caution should, however, be exercised that the office be not exposed to charges of harassment, unfairness or haste in the filing of suits.
In criminal cases, the accused enjoys the constitutional presumption of innocence until the contrary is proven,
hence, cases of defendants in criminal actions are considered meritorious. Sec. 3. Indigency Test. – Taking into consideration recent surveys on the amount needed by an average Filipino
family to (a) buy its “food consumption basket” and (b) pay for its household and personal expenses, the following shall be considered indigent persons:
1. If residing in Metro Manila, whose net income does not exceed P14,000.00 a month; 2. If residing in other cities, whose net income does not exceed P13,000.00 a month; and 3. If residing in all other places, whose net income does not exceed P12,000.00 a month. 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.
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: 1. Latest Income Tax Return or pay slip or other proofs of income; or
2. 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
3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant. PAO lawyers and personnel shall exercise diligence in ascertaining the indigency qualification of said applicant/
PERSIDA V. RUEDA-ACOSTA Chief Public Attorney
with duplicate or photocopies thereof;
e. Observe strictly the rule on forum shopping; f. To file pleadings, memoranda or briefs on time;
g. Perform such other duties and responsibilities as may be assigned by their immediate superiors or as the circumstances may warrant in the interest of justice.
Section 9. Punctuality and attendance. – All Public Attorneys and employees shall be punctual in reporting to
office. They shall faithfully observe the regular eight working hours as well as hours prescribed for inquest duties and custodial investigation assistance. Infractions of the same shall be administratively sanctioned in accordance with the CSC Resolutions stated hereunder:
a. CSC Resolution 10-1357. Policy on undertime
1. Any officer or employee who incurs undertime regardless of the number of minutes/hours, ten (10) times a month for at least two months in a semester shall be liable for simple misconduct and/or conduct prejudicial to the best interest of the service, as the case may be; and,
2. Any officer or employee who incurs undertime, regardless of the number of minutes/hours, ten (10) times a month for at least two consecutive months during the year shall be liable for simple misconduct and/or conduct prejudicial to the best interest of the service, as the case may be.
b. CSC Resolution no. 10-1358. Policy on half-day absence
1. Any officer or employee who is absent in the morning is considered to be tardy and is subject to the provisions on habitual tardiness; and,
2. Any officer or employee who is absent in the afternoon is considered to have incurred undertime, subject to the provisions on undertime.
Section 10. Sanctions. – Any violation of the provisions of this Code shall be dealt with in accordance with the applicable laws, jurisprudence and Civil Service Rules and Regulations.
Section 11. Amendment. – The provisions of this Code may be amended or modified as may be deemed necessary
and to conform to the prevailing laws, rules, regulations and conditions in the service. Section 12. Employee’s Undertaking. - Each Public Attorney and employee shall be furnished a copy of this
Code. Furthermore, each of the said employee shall sign a confirmation receipt indicating the date on which he received a copy of this Code of Conduct. Each of them shall acknowledge that he has read the provisions of this Code, undertake to abide by it at all times and keep abreast of any amendments to the same.
Section 13. Repealing Clause. - The Code of Conduct shall be suppletory in character to the Public Attorney’s
office (PAO) Operations Manual. All other issuances inconsistent hereto are likewise repealed, amended or modified accordingly.
Section 14. Effectivity. – This Code shall take effect fifteen (15) days after its publication in a newspaper of
general circulation. Signed in Cebu City for Manila, Metro Manila on the 27th
of August 2010.
PERSIDA V. RUEDA-ACOSTA Chief Public Attorney
WE, the undersigned Officials of the PUBLIC ATTORNEY’S OFFICE, do hereby pesent and ratify the CODE OF CONDUCT FOR PUBLIC ATTORNEYS AND EMPLOYEES, this 27th
(SGD.) SILVESTRE A. MOSING Deputy Chief Public Attorney for Visayas & Mindanao
(SGD.) CYNTHIA M. VARGAS Regional Public Attorney National Capital Region
(SGD.) TOMAS B. PADILLA Regional Public Attorney Region I
(SGD.) SALVADOR S. HIPOLITO Regional Public Attorney Region III
(SGD.) DIOSDADO S. SAVELLANO Regional Public Attorney MIMAROPA
(SGD.) CALIXTO S. PEREZ Officer-in-Charge Region VI
(SGD.) FLORENCIO M. DILOY Regional Public Attorney Region VIII
(SGD.) EDGARDO D. GONZALES Regional Public Attorney Zamboanga Peninsula
(SGD.) FRANCIS A. CALATRAVA Regional Public Attorney Davao Region
Deputy Chief Public Attorney for Luzon
(SGD.) FRISCO F. DOMALSIN Regional Public Attorney
Cordillera Administrative Region (SGD.) RENATO T. CABRIDO
Regional Public Attorney Region II
(SGD.) ELPIDIO C. BACUYAG Regional Public Attorney CALABARZON
(SGD.) RAMON N. GOMEZ Regional Public Attorney Region V
(SGD.) MA. G-REE R. CALINAWAN Regional Public Attorney Region VII
(SGD.) NORLAINE M. CAPAL-AMPASO Officer-in-Charge
Autonomous Region for Muslim Mindanao (SGD.) NUNILA P. GARCIA
Regional Public Attorney Northern Mindanao
(SGD.) DATUMANONG A. DUMAMBA Regional Public Attorney SOCCSKSARGEN
(SGD.) EDGAR Q. BALANSAG Regional Public Attorney Caraga Region
Approved:
day of August, 2010, at the Marco Polo Hotel, Cebu City, Philippines. (SGD.) MACAPANGCAT A. MAMA
TUESDAY
D e cember 14, 2010
A7
filed for acts committed in connection with the performance of their official duties (Directive of the Minister of Justice);
2. Farmers-beneficiaries of the Agrarian Reform Law, (a) in agrarian-related civil or criminal cases pending before the courts; and
(b) in cases against farmer 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).
3. Indigent laborers in meritorious labor cases (Memorandum Order of the Secretary of Justice dated May 19, 1988);
4. Indigent aliens (2nd Indorsement of the Undersecretary of Justice, dated March 25, 1974);
5. Qualified overseas contract workers in all cases within the original and exclusive jurisdiction of the Philippine Overseas Employment Administration (Memorandum of Agreement between PAO and DOLE, POEA, NLRC, OWWA and some NGOs, dated April 2, 1993);
6. Barangay Health Workers (Section 16, Rule II and Part 5, Rule VII of the Implementing Rules and Regulations of Republic Act No. 7883);
7. Department of Social Welfare and Development in the filing of petitions for the involuntary commitment of minors, as well as in 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);
8. 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 conflict of interest, or when a member does not qualify under the PAO’s Indigency Test, in which case, provisional assistance shall be afforded to him/ her (Memorandum of Agreement between the ALSWDOPI and the Public Attorney’s Office, dated August 27, 2009);
9. Qualified Print and Broadcast Media Practitioners, as well as their staff and crew, who are harassed with 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);
10. 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);
11. Complaints of Filipinos against foreigners for violation/s of immigration, alien registration and other local laws; respondent foreigners in deportation cases; Bureau of Immigration clients in connection with the notarization of applications; and such other legal services that may be assigned by the Commissioner (Memorandum of Agreement between the Bureau of Immigration and the Public Attorney’s Office, dated February 4, 2009);
12. Members of the Press Photographers of the Philippines (PPP) under investigation for a complaint, or on trial, including 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);
13. Officials of the Philippine National Police holding the ranks of Police Officer I (PO1) 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).
14. Torture victims pursuant to the Anti-Torture Law of 2009 (RA 9745) [Note: Public Attorney’s Office has the authority to conduct an independent investigation in cases involving torture per RA 9745]
Section 6. Other Persons Qualified for Assistance. – a. Immediate members of the family, and relatives within the 4th
civil degree of consanguinity or affinity of
a Public Attorney, may avail of his/her services regardless of qualification under the indigency test, subject to the approval of the Chief Public Attorney, upon the recommendation of the Regional Public Attorney or Service Head, as the case may be. The lawyer concerned shall submit an Affidavit of Kinship, file a leave of absence during hearings, and submit a monthly status report on the case (Sec. 4 (a) of the Implementing Rules and Regulations of RA 9406);
b. Public Attorneys and PAO employees may also avail of the services of the Public Attorney’s Office in criminal cases, provided, that the Office is not the adverse party. (Sec. 4(b) of the Implementing Rules and Regulations of RA 9406).
Section 7. Persons Not Qualified for Legal Assistance. - Public Attorneys and employees are prohibited from assisting the following:
1. Juridical person/s and private/stock corporation/s; except juridical entities which are non-stock, non-profit organizations, whose individual members will pass the indigency test of the office. In cases involving land disputes, the PAO can represent said juridical person/s provided they are not the lessor/s thereof.
2. Parties who do not pass the Merit and Indigency Tests, unless appointed as counsel de oficio in criminal cases, only under existing laws, rules and regulations or in pursuant to Sec. 2, paragraph 2 hereof;
3. Parties represented by de parte counsels;
4. Landlords or lessors of residential lands and/or buildings, with respect to the filing of collection or unlawful detainer suits against their tenants or lessees; and
5. Political candidates and parties in all election cases. Section 8. Cases Not To Be Handled. – Public Attorneys shall not handle the following cases: a. Where they would be representing conflicting interests; b. Prosecution of criminal cases in court;
c. Adoption cases, except in instances where the adopter is the biological parent or the step-parent of the adoptee, subject to the indigency test.
ARTICLE III
HANDLING OF CRIMINAL CASES PURSUANT TO THE PROVISIONS OF THE SPEEDY TRIAL ACT AND ITS IMPLEMENTING RULES
Section 1. Cases Covered by the Rules on Summary Procedures – Upon learning of the filing of an Information against a client, the Public Attorney shall:
A. Motion to Quash/Dismiss. – File a motion to quash/dismiss the information against the accused within the ten-day (10) period for filing the counter-affidavit where appropriate and only on any of the following two (2) grounds:
a. lack of jurisdiction over the subject matter; b. non-referral to the Barangay Conciliation process
B. Counter-Affidavit. – File the requisite counter-affidavit of the accused and the affidavit/s of his/her witnesses, as well as documentary evidence in support thereof, if any, where none of the above grounds for Motion to Quash/Dismiss is present, within ten (10) days from the time that the accused received a copy of the subpoena/summons.
Section 2. Cases Under Regular Procedure. – When a walk-in-client/ or a detained person avails of the services of the Office, or a Public Attorney is appointed counsel de oficio for the accused, the Public Attorney shall:
A. Immediately secure a copy of the information and affidavit of the complainant and his/her witnesses and other documentary evidence against the accused;
B. Interview the accused focusing on:
1. the legality of the arrest, the nature of the charge and his/her rights under existing laws including his/her right to demand trial;
2. his/her theory of defense, his/her witnesses, and his/her documentary evidence, if any; 3. the plea of the accused, or the possibility of plea bargaining.
C. Move for a preliminary investigation/reinvestigation within five (5) days from learning of the filing of the information,1 if beneficial to the accused and if he/she is entitled thereto. In case of an adverse resolution, the Public Attorney may file a Motion for Reconsideration or appeal the same to the Regional State Prosecutor’s Office/Secretary of Justice;
D. Determine the existence of a ground for a Motion to Quash or Dismiss, and where applicable, the Public Attorney shall file the same prior to arraignment,2 except when to do so would not work to the advantage of the accused.
Section 3. Duties Where Accused is Detained. – If the Public Attorney knows that a person charged of a crime is detained, either because he/she is charged of a bailable crime but has no means to post bail, or is charged of a nonbailable crime, or is serving a term of imprisonment in any penal institution, the Public Attorney shall:
a. File a Motion manifesting that the detainee/prisoner demands arraignment/trial and, for this purpose, that the custodian of the detainee/prisoner be ordered to bring the detainee/prisoner to the court, from time to time as ordered;
b. Upon receipt of notice from the custodian that he/she has in his/her custody a detainee/prisoner who demands trial, the public attorney shall file a Motion that said detainee/prisoner be brought to the court for arraignment/trial.
Section 4. Duties on Arraignment. – The Public Attorney shall:
A. Ascertain the schedule for the arraignment of the accused. Should there be none, he/she shall immediately file a Motion to Set Case for Arraignment of the accused: 1. Within thirty (30) days from the time the court acquired jurisdiction over the person of the accused;
2. Within ten (10) days from the date of the raffle3 or from receipt of the information when the accused is a detention prisoner.
B. Immediately after arraignment, move either in open court or in writing that pre-trial be scheduled: 1.
2. Within ten (10) days after arraignment5 when the accused is a detention prisoner. Section 5. Duties on Pre-trial. During Pre-trial, the Public Attorney shall:
A. Ensure that the agreements or admissions made or entered into during the preliminary and/or pre-trial conference are faithfully and accurately reflected in the written form before signing the transcription, to the end that the accused shall be bound only by the admission/s made by him/her, and by the agreement/ s that he/she actually entered into; 6
___________________________ 1
Section 7, Rule 112, Rules of Court. When accused lawfully arrested without warrant. — x x x.
learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. 2
or information. 3
from the date of the raffle. The pre-trial conference of his case shall be held within ten (10) days from arraignment. 4
6
thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for x x x. 5
After the filing of the complaint or information in court without a preliminary investigation, the accused may within five (5) days from the time he Section 1, Rule 117, Rules of Court. Time to move to quash. — At any time before entering his plea, the accused may move to quash the complaint Section 1(e), Rule 116, Rules of Court. When the accused is under preventive detention x x x. The accused shall be arraigned within ten (10) days Section 1, Rule 118, Rules of Court. Pre-trial; mandatory in criminal cases. – In all criminal cases x x x, the court shall, after arraignment and within Rule 116, Section 1(e). Ibid.
R.A. 8493, Section 3. Pre-trial Agreement. – All agreements or admissions made or entered into during the pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not be used in evidence against the accused. x x x.
B. To expedite the proceedings and if favorable to the accused, the Public Attorney may prepare judicial affidavits, subject to additional direct examination, in case of clear necessity and in the interest of speedy disposition of the case;
C. Determine if the Pre-trial Order is an accurate reflection of the actions taken, the facts stipulated and the pieces of evidence marked. Should there be errors or inaccuracies, move for the same to be rectified, prior to the agreed/scheduled initial presentation of evidence;7
D. Thereafter, move for the setting of the case for trial to commence, with at least fifteen (15) days to prepare for trial, but to make sure that the initial presentation of evidence be set within thirty (30) days from receipt of the Pre-trial order;8
E. In the event that the pre-trial has already been scheduled and the complainant fails to appear despite due notice, move for the termination of the pre-trial and the setting of the case for trial.
Section 6. Time Limit for Trial. – When the case is set for trial by the Court, the Public Attorney shall take
note and see to it that the case is set for continuous trial on a weekly or other short-term trial calendar at the earliest possible time, EXCEPT for cases falling under the rules on summary procedure.
The entire trial period shall not exceed one hundred eighty (180) days from the first day of trial EXCEPT when the trial court is authorized in writing by the Chief Justice or by the Court Administrator.
Section 7. When the Accused Enters a Plea of Not Guilty. – If the accused enters a plea of not guilty, the
Public Attorney has at least fifteen (15) days to prepare for trial, which shall commence within thirty (30) days from receipt of the pre-trial order.
Section 8. Exclusions. – The Public Attorney shall take note of the period set forth in R. A. 8493 for the Speedy
Trial and/or Resolution of cases, and shall see to it that only the allowable periods of delay as provided in Section 10 thereof be excluded from computing the time within which trial must commence.9
____________________ 7
Section 5, RA 8493. Pre-Trial Order – After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial,
unless modified by the court to prevent manifest injustice. 8
Section 6, S.C. Circular. No. 38-98. Pre-Trial Order. — x x x.
Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial which shall commence within thirty (30) days from receipt of the pre-trial order. appearing at or being returned for trial.
(c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to stand trial. 9
RA 8493, Section 10. Exclusions. – The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: (1) delay resulting from an examination of the accused, and hearing on his/her mental competency, or physical incapacity; (2) delay resulting from trials with respect to charges against the accused; (3) delay resulting from interlocutory appeals; (4) delay resulting from hearings on pre-trial motions: Provided, that the delay does not exceed thirty (30) days; (5) delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts; (6) delay resulting from a finding of the existence of a valid prejudicial question; and (7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. (b) Any period of delay resulting from the absence or unavailability of the accused or an essential witness.
Within thirty (30) days from the time the court acquires jurisdiction over the person of the accused,4 who is out on bail; or
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18