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For purposes of this subparagraph, an accused or an essential witness shall be considered absent when his/her whereabouts are unknown and, in addition, he/she is attempting to avoid apprehension or prosecution or his/her whereabouts cannot be determined by due diligence. An accused or an essential witness shall be considered unavailable whenever his/her whereabouts are known but his/her presence for trial cannot
be obtained by due diligence or he/she resists Toward this end, the Public Attorney shall insist on the strict adherence to the period set forth in the law and
shall be ready to move for the dismissal of the case, where there is delay or violation of the aforestated periods. Section 9. Time Limit Following an Order for New Trial. – If there is an order for the accused to be tried
again, the Public Attorney shall see to it that the trial shall commence within thirty (30) days from notice of the order; except when witnesses are unavailable, or other factors make trial within thirty (30) days impractical; in which case, the period may be extended, but such extension shall not exceed one hundred eighty (180) days from notice of the order for new trial.10
Section 10. Remedy Where Accused is Not Brought to Trial Within the Time Limit. – If an accused is not
brought to trial within the time limit required by Section 711 of R.A. 8493 as extended by Section 912 thereof, the Public Attorney shall move to dismiss the charge/information on the ground of the denial of his/her right to speedy trial.13 The Public Attorney shall prove the violation of the time limits set by the Act, and rebut that the delay is attributable to any allowed exclusion from the period set by the law.
The Motion to Dismiss on grounds of the accused not having been brought to trial within the time limit, shall be filed by the Public Attorney prior to trial or entry of a plea of guilty, otherwise, the said failure to so move shall constitute a waiver of the right to dismissal under Section 13, R.A. 8493.14
____________________ (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. (e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or as to whom the time for trial has not run and no motion for severance has been granted. (f) Any period of delay resulting from a continuance granted by any justice or judge motu proprio or on motion of the accused or his/her counsel or at the request of the public prosecutor, if the justice or judge granted such continuance on the basis of his/her findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this subparagraph shall be includable under this section unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh
the best interests of the public in a speedy trial. 10
trial within thirty (30) days impractical. 11
Section 11, S.C. Circular No. 38-98. Time Limit Following an Order for New Trial. — If the accused is to be tried again pursuant to an order of a court for a new trial, the trial shall commence within thirty (30) days from notice of that order, except that the court retrying the case may extend such period but not to exceed one hundred eighty (180) days from notice of said order for a new trial if unavailability of witnesses or other factors make
Section 7, RA 8493. Time Limit Between Filing of Information and Arraignment, and Between Arraignment and Trial. – The arraignment of an accused shall be held within thirty (30) days from the filing of the information, or from the date the accused has appeared before the justice, judge or court in which the charge is pending, whichever date last occurs. Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen
(15) days to prepare for trial. Trial shall commence within thirty (30) days from arraignment as fixed by the court. x x x 12
period, the time limit with respect to the period from arraignment to trial shall be eighty (80) days. 13
Section 14
, S.C. Circular No. 38-98. Remedy Where Accused is Not Brought to Trial Within the Time Limit. — If the accused is not brought to trial within the time limit x x x, the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The accused shall have the burden of proving such motion but the prosecution shall have the burden of going forward with the evidence in connection with the exclusion
of time under Section 9 hereof. The dismissal shall be subject to the rules on double jeopardy. ARTICLE IV
LEGAL ASSISTANCE TO CHILDREN IN CONFLICT WITH THE LAW (CICL)
Section 1. Scope of Legal Assistance. – Legal assistance that the Public Attorneys shall be provided to qualified CICLs includes the following:
a) Appearing as counsel for the CICL on initial contact or during custodial investigation, and before the courts, prosecutor’s office, and other quasi-judicial bodies;
b) Preparing pleadings, affidavits, sworn statements, and the like, necessary in the defense of the CICL;
c) Coordinating with the Department of Social Welfare and Development, the Local Social Welfare Officers in the Local Government Units, and other concerned government agencies to procure the immediate release of the CICL under detention, or who is otherwise deprived of liberty, to demand the prompt submission of discernment and intervention or rehabilitation programs for the CICL, and to prevent any delay in the diversion of the case before the barangay level; and
d) Such other action/s relative to the foregoing. Section 2. Provisional Legal Assistance - Pending the qualification on the Merit and Indigency Tests, the
Public Attorneys shall provide legal assistance to CICLs in the following instances: a) When placed under detention or otherwise deprived of liberty, and is in immediate need of counsel; b) When placed under custodial investigation without the assistance of counsel; c) When the Public Attorney is designated, as counsel de oficio for purposes of arraignment, pre-trial, or promulgation of decision and suspension of sentence; and
d) Other cases of similar nature. Section 3. Stages in the Rendition of Legal Assistance. – Sec. 3.1- On Initial Contact. When the CICL is qualified for legal assistance. - In the course of his/her regular visitation in
police stations, jails and other detention centers, or upon receipt of the information that a CICL has been arrested, or is in the custody of the police, the Public Attorney shall determine if the CICL is represented by a counsel. If he/she is not represented by a counsel, the Public Attorney shall, as soon as possible: a) Conduct the initial interview of the CICL, advising him/her of his/her rights under existing laws, and exert efforts to ascertain his/her actual age, through his/her parents, guardians or the social worker concerned;
a.1. In ascertaining the age of the CICL, the Public Attorney shall request the production of the birth certificate, baptismal certificate, or any other pertinent documents. The age of the CICL may also be determined from the testimonies of other persons, his/her physical appearance, his/her medical or dental records, and other available relevant evidence.
a.2. If the age of the CICL is contested prior to the filing of the Information in any appropriate court, the Public Attorney shall file a summary proceeding case before the Family Court, or in its absence, before the appropriate Regional Trial Court.
b) Demand for the immediate release of the CICL and refer his/her case to the local social welfare officer for the conduct of an intervention program, in case he/she is fifteen (15) years of age, or below the age of criminal responsibility, at the time of the commission of the offense;
In accordance with Section 58 of Republic Act No. 9344, the Public Attorney shall also demand the immediate release of a CICL who is charged, and/or arrested for the following acts:
i. Vagrancy and Prostitution under Article 202 of the Revised Penal Code; ii. Mendicancy under Presidential Decree No. 1563; and iii. Sniffing of rugby under Presidential Decree No. 1619. iv. Violation of curfew ordinances and other status offenses.
c) Ensure that the CICL is detained separately from adults.
d) Ascertain the due execution by the enforcement officer, of the duties imposed under Sections 21 and 22 of Republic Act No. 9344, in the conduct of the initial investigation;
In case of violation, the Public Attorney shall immediately make representation or file the appropriate administrative action before the proper forum.
Maintain a checklist to be attached to the case history (PAO Form No. 4), for immediate determination of due compliance with said duties, to curtail infringement of the rights of the CICL;
e) Ensure that the taking of the statement of the child shall be conducted in his/her presence, his/her parents, guardian, or nearest relative, and the local social worker.
In the absence of the child’s parents, guardian, or nearest relative, and the local social welfare and development officer, the Public Attorney shall make certain that the initial investigation shall be conducted in the presence of a representative of a non-government organization, religious group, or member of the Barangay Council for the Protection of Children (BCPC).
f ) Require the referral, in proper cases, of the CICL for diversion before the barangay under Sections 23 and 24 of Republic Act No. 9344; and
g) Secure from the DSWD or the local social welfare officer, or court-appointed social worker, a copy of the case study report on the CICL, if one is available.
3.2. Compliance with Executive Order No. 633 dated July 16, 2007. The Public Attorney, duly notified thereof, shall immediately file the necessary “MOTION FOR
IMMEDIATE RELEASE PURSUANT TO R.A. NO. 9344 IN RELATION TO E.O. No. 633” of children who are fifteen (15) years of age and below, at the time of the commission of the crime, and who are detained in prison facilities of the Bureau of Jail Management and Penology, Bureau of Corrections, provincial jails, and other detention cells, in cases pending trial before the courts, or while undergoing inquest investigation before the Prosecutor’s Office.
For prisoners who are detained by reason of final judgment, and who were fifteen (15) years of
age and below at the time of the commission of the crime, the Public Attorney concerned shall file a “PETITION FOR IMMEDIATE RELEASE PURSUANT TO R.A. NO. 9344 IN RELATION TO E.O. NO. 633” on behalf of such inmates before the appropriate court that last disposed of the case.
Section 4. During Custodial Investigation. –
4.1. Representation of the CICL - Upon information of the taking of a CICL into custody, the Public Attorney shall, at all times, be present while the CICL is under investigation by the authorities, and shall assist in the protection of his/her rights under Section 2 of Republic Act No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations thereof).
4.2. Remedy in case of violation - In case of any violation by the investigating officer in the conduct of the custodial investigation, the Public Attorney shall immediately make proper manifestation before the concerned office to which the erring investigating officer belongs, and/or file the appropriate civil, criminal or administrative action against the said officer.
Section 5. During Inquest Proceedings and Preliminary Investigation. –
5.1. Claim of torture or ill-treatment. Action to be taken - During the conduct of inquest proceedings or preliminary investigation, where an allegation of torture or ill-treatment was made at the time of the arrest or detention of the CICL, the Public Attorney shall immediately make the proper manifestation and recommend the investigation of the same to the prosecutor.
5.2. Responsibilities during inquest proceedings or preliminary investigation - In the event that diversion procedures fail, and the prosecutor conducts inquest proceedings or preliminary investigation because: (a) the CICL does not qualify for diversion; (b) when the CICL, his/her parents or guardian do not agree to diversion as specified under Sections 27 and 28 of Republic Act No. 9344; and (c) when the prosecutor, after considering the assessment and recommendation of the social worker, determines that diversion is not appropriate for the CICL, the Public Attorney, upon having been informed of the service of the subpoena and the accompanying documents, shall:
i. Obtain copy of the records and other documents relevant to the case; ii. Prepare the counter-affidavit and affidavit/s of his/her witness/es, and other supporting documents;
iii. Obtain a copy of the birth certificate of the CICL from the Civil Registrar of the locality where the child was born, or the National Statistics Office (NSO);
iv. Assist in the preparation of the Waiver required under Article 125 of the Revised Penal Code, when the circumstances surrounding the case and the defense of the CICL justify the conduct of a preliminary investigation;
v. Make immediate and constant verification from the handling prosecutor of the status of the case, in order that it be given preferential attention in its resolution;
vi. Ensure the observance of procedural requirements during the investigation;
vii. Appear as counsel for the CICL during clarificatory conference, if necessary, to ensure the protection of his rights.
5.3. Dismissal of the case in the absence of criminal responsibility - When proper, the Public Attorney shall move for the dismissal of the case for which the CICL is undergoing inquest proceedings or preliminary investigation, under Sections 6 and 58 of Republic Act No. 9344.
Section 6. Diversion. -
6.1. Diversion when case is not yet filed in court - Where the CICL is above fifteen (15) years of age, and the imposable penalty for the crime for which the CICL is charged, is not more than six (6) years of imprisonment, and the case is undergoing investigation before the prosecutor’s office, the Public Attorney shall, with the consent of the CICL’s parents/guardian, move for the referral of the case to the Katarungan Pambarangay or the local social development and welfare officer for the conduct of diversion proceedings. The system of diversion, as provided under Section 23 (a) and (b) of Republic Act No. 9344 shall apply, and the Public Attorney shall explain the same to the CICL and his/her parents/guardian, in the dialect known and understood by them.
6.2. Diversion when the case is filed in court - Where the CICL is above fifteen (15) years of age, and he acted with discernment, and the imposable penalty for the crime for which the CICL is charged, exceeds six (6) years but not more than twelve (12) years of imprisonment, regardless of the fine or fine alone, regardless of the amount, and before arraignment, the Public Attorney shall file a motion before the court, for the holding of diversion proceedings. In all hearings conducted by the diversion committee, the Public Attorney shall be present to safeguard the rights of the CICL.
Section 7. Filing of the Complaint or Information in Court . -
7.1. Standard Procedures in the initial stage of the case - In all criminal cases where a CICL is involved, the Public Attorney, after examination of the records of the case shall: a) Ensure the immediate and prompt assignment of the case to a Family Court;
b) Move for the quashal or dismissal of the case, if the CICL is exempt from criminal responsibility under Sections 6 and 58 of Republic Act No. 9344;
c) File a motion for psychiatric evaluation of the CICL if at any time, the Public Attorney is convinced, through the manifestation of the CICL, that he is not fit to stand trial;
d) Move for the immediate release of the CICL on recognizance to his/her parents or other suitable persons;
e) Before arraignment, file a motion to refer case to diversion proceedings when the imposable penalty of the offense for which the CICL is charged, is imprisonment of not more than twelve (12) years,
Section 9, RA 8493,. Extended Time Limit. – Notwithstanding the provisions of Section 7 of this Act for the first twelve-calendar-month period following its effectivity, the time limit with respect to the period from arraignment to trial imposed by Section 7 of this Act shall be one hundred eighty (180) days. For the second twelve-month period, the time limit shall be one hundred twenty (120) days, and for the third twelve-month
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December 14, 2010 regardless of the fine which may be imposed, or fine alone, regardless of the amount; and
f ) Move for the setting of the case for arraignment, which shall be scheduled not later than seven (7) days from the time of the filing of the complaint or information, in accordance with Section 27 of the Rules on Juveniles in Conflict with the Law.
7.2. Arraignment of the CICL - When the case of the CICL is called for arraignment, the Public Attorney shall:
a) Manifest for the conduct of the arraignment in the chambers of the presiding judge, or in the court sala with the exclusion of the public;
b) Move for the setting of the pre-trial conference at the earliest available date possible in the calendar of the court, when a plea of not guilty is entered by the CICL;
c) Invoke all available mitigating circumstances, when a plea of guilty was made by the CICL, for the appreciation of the court in the imposition of the penalty.
7.3. Pre Trial. - The Public Attorney shall afford protection to the rights of the CICL during plea-bargaining, and shall make certain that there is full comprehension on the part of the CICL and his parents or guardian, of the consequences and results of any agreement or compromise that they may enter into.
7.4. Trial. - In all proceedings and hearings conducted on the case of the CICL, the Public Attorney shall afford protection to the rights of the CICL, most importantly, his right to privacy and to demand confidentiality of his records in accordance with Section 12 of Republic Act No. 8369 (An Act Establishing Family Courts, granting them exclusive original jurisdiction over child and family cases, amending Batas Pambansa Bilang 129, as amended, otherwise known as the Judiciary Reorganization Act of 1980, appropriating funds therefore and for other purposes). The Rule on Examination of a Child Witness shall also be observed by the Public Attorney when the CICL will testify in court.
7.5. Promulgation of Judgment. - During the promulgation of judgment, the Public Attorney shall:
a) Move for the holding of the promulgation of judgment in the chambers of the presiding judge, or in the court sala with the exclusion of the public, and that no media coverage shall be permitted;
b) Move for the presence of the parents/guardian of the CICL and a local social welfare officer or a court- appointed social worker during promulgation, whenever possible;
c) Demand for the automatic suspension of sentence, or when applicable, for probation, when a verdict of conviction is meted against the CICL, in accordance with Presidential Decree No. 603 (Child and Youth Welfare Code); and
d) When suspension of sentence is not possible and while awaiting resolution on his probation, coordinate with a local social welfare officer, or a court-appointed social worker, for his commitment to a suitable youth rehabilitation center or youth detention home, and to this end, shall make proper representation in court for the transfer of the CICL.
7.6. Discharge of the CICL. - Upon favorable recommendation of a local social welfare officer or a court-appointed social worker, or in cases of CICL proceeded against in violation of Republic Act No. 9165, upon favorable recommendation of the Dangerous Drugs Board, the Public Attorney shall file with the Family Court, a motion to dismiss the case and for the immediate issuance of an order of Final Discharge in favor of the CICL, who has been issued disposition measures before he has reached eighteen (18) years of age. However, if the CICL failed to comply therewith, or has not been rehabilitated, and whenever practicable, before the execution of judgment, the Public Attorney shall make representation for another opportunity to be afforded to the CICL to comply with the disposition measures, or to undergo rehabilitation.
After the lapse of two (2) years from the date of the Closure Order, or the Final Discharge of the CICL, when there is no pending case involving moral turpitude filed against him during said period, the Public Attorney shall move for the permanent sealing of his records in court, and in all other offices and agencies that dealt with the case.
Section 8. Recording and Reporting of Cases. –
8.1. Office Logbook and recording system for cases involving CICL - Each PAO District Office shall maintain a separate logbook and recording system for cases involving CICLs. The logbook and recording system shall serve as a directory for these kind of cases handled by the Office. At the same time, it shall also be a guide/ reference for Public Attorneys in accepting or declining a case involving a CICL, due to conflict of interest.
The Public Attorney shall cause to be entered in the said Logbook the following data:
Entry No. Date Received Name and Address of the CICL Date and Place of birth Gender Name & Address of the Plaintiff/Complainant Name & Address of Parents/Guardian Offense charged Assistance Given/Remarks
8.2. Reporting of Cases - The Public Attorney shall include in his/her monthly performance report, the termination of the case involving the CICL at the time of the promulgation of judgment or suspension of sentence, but the records of the case shall remain active in a SPECIAL FILE for this purpose, until the permanent sealing of the records has been ordered by the Court.
ARTICLE V
LEGAL ASSISTANCE TO WOMEN AND THEIR CHILDREN SUBJECTED TO VIOLENCE UNDER REPUBLIC ACT NO. 9262 AND OTHER RELATED LAWS
Section 1. Legal Basis. -The Public Attorney’s Office shall extend legal assistance to victims of violence against
women and their children regardless of the indigency requirement. Pursuant to the provisions of Sections 13 and 35 of Republic Act No. 9262, the woman or victim may avail of the
services of PAO in the filing of an application/petition for protection order and/or civil action for damages. Where the applicant is already represented by a counsel de parte, PAO may represent the other party.
Section 2. Legal Assistance to Women and Children Subjected to Abuse. – The assistance of the Public Attorney’s
Office to women and children who are victims of violence under RA No. 9262 shall be limited to, the following services: a) Legal advice or consultation;
b) Conduct of pre-litigation/mediation conference between the parties in cases involving economic abuse, with the express consent of the victim and where there is no imminent danger to her life and limb and those of her children;
c) Preparation of affidavits and other pertinent papers necessary to the filing of the complaint for violence against women or children, petition/application for protection order and/or civil action for damages;
d) Filing of petition/application for protection order; e) Representation in courts in cases of petition for protection order and/or civil action for damages. Section 3. Handling of Cases - In the handling of cases involving violence to women and their children, the First
Come-First Served Policy shall be strictly observed. Section 4. Procedure in Extending Legal Assistance to Women and Children Subjected to Violence.
4.1. Walk-In-Clients - For clients who seek the services of the Office, or who visit the same for consultation, the following procedures shall be observed:
a) When a victim visits the Office to seek legal advice for a problem concerning violence against women and their children, he/she shall be referred to a Public Attorney for immediate action.
In filing the application/petition for protection order, the Public Attorney shall prepare the pleadings, as well as the affidavits of the applicants and the witnesses in support thereof.
b) If the person does not qualify for free legal assistance due to conflict of interest, he/she should be referred to other public and/or free legal aid organization and/or be duly advised to seek the legal assistance of a counsel of his/her own choice;
c) The Public Attorney shall cause the entry in the Logbook for Cases of Violence Against Women and Their Children the following data:
Entry No. Date Received Name & Address of Victim/Complainant Name & Address of Parents/Guardian of the victim Name & Address of Respondent Assistance Given Remarks
Each PAO District Office shall maintain a separate logbook for cases involving violence against women and children.
The logbook shall serve as a directory for cases handled by the Office. At the same time, it shall also be a guide/ reference for Public Attorneys in accepting or refusing a case by reason of conflict of interest;
d) In an application/petition for protection order, the appearance and assistance of PAO shall extend up to the final resolution of the case; and
e) In the event a criminal Information is filed in court against the accused, as a result of PAO’s assistance to the complainant at the prosecutor’s Office, the active prosecution of the criminal case in court shall immediately be turned over to the public prosecutor.
5.2. Where Appearance of PAO is Through Court Appointment.
Where an application/petition for protection order is filed in court through the assistance of any person mentioned in Section 9 of RA 9262, and the Public Attorney is appointed by the court to appear for the applicant/petitioner, he shall provisionally accept such appointment.
In case of conflict of interest, the handling Public Attorney shall withdraw his appearance, and refer the applicant to other public and/or free legal aid organization or advise him/her to retain the services of a counsel of his/her own choice.
ARTICLE VI
LEGAL ASSISTANCE TO POLICE OFFICERS PURSUANT TO DOJ DEPARTMENT CIRCULAR NO. 78 DATED OCTOBER 26, 2009
Section 1. Coverage. - a) This Article shall apply to members of the Philippine National Police holding the ranks
of Police Officer I (PO1) to Senior Police Officer 4 (SPO4), in all cases where these officials are sued in connection with the performance of their respective police duties and official functions. For this purpose, the provisions on Indigency Test shall not apply.
Section 2. Legal Assistance. - The legal assistance that the Public Attorneys shall extend includes, but not limited to the following:
a) Legal advice and documentation; b) Preparation of written explanation or any responsive pleading; c) Legal representation in judicial, quasi-judicial and other administrative bodies.
Section 3. Procedure in Extending Legal Assistance. – 3.1. Duties of a Public Attorney - When a police officer seeks legal assistance, the Public Attorney shall: a) Determine whether the officer is sued in connection with the performance of his official duties.
a.1. If in the affirmative, the Public Attorney shall determine which district office shall provide legal assistance and consider the following:
a.1.a. If the case is filed within the territorial jurisdiction of the said district, the Public Attorney shall handle the case.
a.1.b. If otherwise, the same shall be referred to the district office having territorial jurisdiction over the same;
a.2. If in the negative, of Section 3 Article II hereof shall apply.
b) Require the police officer to submit the following: b.1. Proof of his rank; b.2. Copy of the Complaint, Information, or Charge
therewith; and b.3. Evidence in support of his defense. ARTICLE VII LEGAL ASSISTANCE TO DELINQUENT CREDIT CARD HOLDERS Section 1. Legal Assistance. – The legal assistance that the Public Attorneys shall extend includes, but not
limited to, the following: a) Legal advice and documentation; b) Preparation of written explanation or any responsive pleading; c) Legal representation in judicial, quasi-judicial and other
Sheet and such other documents in connection
5. The total finance charges and interests applied to the account; 6. The total amount of purchases of the client using the credit card; 7. The demand letter, if any; 8. The amount paid by the client; and 9. Such other pertinent information regarding the obligation.
d) Consider and discuss with the holder, possible means and terms of payment or settlement of the credit card obligation;
e) Where advisable, draft, sign and serve a reply to the demand letter, and consider applicable jurisprudence, provisions of the Civil Code, Republic Act No. 3765 (An Act to Require the Disclosure of Finance Charges in Connection with Extension of Credit), such other applicable laws and government policies. The Public Attorney shall, as far as practicable, incorporate in the reply, a fair and feasible offer/proposal for settlement;
f ) Where there is an agreement between the credit card issuer and the holder regarding the settlement of the obligation, discuss with the holder, the terms thereof, and its effects/ consequences;
g) 3.1.2.
Where the holder is insolvent, said fact and its legal effects shall be raised in the reply. Latest Jurisprudence as Guide - In giving advice, drafting of reply and discussing the
practicability and terms of the proposal/offer of settlement, the Public Attorney should be guided by the principles enunciated by latest jurisprudence as regards excessive and unconscionable interest rates.
3.2. When a case for collection is already filed in Court. - 3.2.1.
For claims not in excess of Php100,000.00 and the Rules of Procedure for Small Claims
is applicable - The Public Attorney shall assist the credit holder in making a reply or the drafting of the Verified Answer of the holder, ensuring that all necessary documents are attached thereto and seasonably filed;
3.2.2. When the ordinary Rules of Procedure apply – The Public Attorney shall prepare and file the necessary Answer to the Complaint. When grounds exist, Counterclaims shall be pleaded in the Answer. The Public Attorney shall, likewise, include in the Counterclaim, the allowable claims for attorney’s fees pursuant to the PAO Law (R.A. 9406);
3.2.3. When Credit Card holder is insolvent - In every case of collection filed against the credit card holder who is insolvent, the said fact shall be raised as a defense, and proof of such insolvency shall be attached and made an integral part of the Verified Answer;
3.3. When the Credit Card Holder is Criminally Prosecuted.
3.3.1. Complaint Filed Before Prosecutor’s Office/Information Filed in Court – When a complaint is filed before the Prosecutor’s Office, or an Information is filed in Court, against a credit card holder for a credit card related offense, the provisions of the Speedy Trial Act shall be observed.
ARTICLE VIII JUDICIAL AND QUASI-JUDICIAL CASES
Section 1. Procedure in Accepting Cases - The following shall be observed in the acceptance of judicial and quasi-judicial cases:
1.1. Interview. – Persons seeking legal assistance shall be interviewed by a lawyer or assigned personnel to ascertain if he is qualified. In addition to the required data in the Interview Sheet, the applicant shall submit a copy of his latest income tax return, or other proofs of income, or a Certificate of Indigency issued by the local office of the Department of Social Welfare and Development, or by the Barangay Chairman having jurisdiction over the residence of the applicant, and execute the Affidavit of Indigency printed at the back of the Interview Sheet.
1.2. Control Number. - If the applicant is found to be qualified for legal assistance, the case shall be assigned a control number. The numbering shall be consecutive, starting from January to December of every year. The control number shall indicate the Regional Office and District Office handling the case. In the Central Office the numbering shall be undertaken by the Service Officer concerned, i.e., FOS Service or SAC Service.
Example: PAO Form No. 3 – Interview Sheet Region
: Dist. Office :Year III : San Fdo. : 2010 : March : 298 Section 2. Court Assignments. - Public Attorneys shall be given specific court assignments by the Regional
Public Attorney or District Public Attorney. They are not allowed to handle cases or appear in other courts without the approval of the District Public Attorney, if within the district, or by the Regional Public Attorney, if the case is outside the district but within the region.
Section 3. Handling of Cases. - The following policies shall be observed:
3.1. First Come-First Served - Where both the complainant and respondent apply for legal assistance and both are qualified, the first to seek assistance shall be given preference.
3.2. Conflict of Interest - Where the PAO is precluded from accepting the case under the conflict of interests rule, the applicant shall be duly informed and advised to seek the services of a private counsel or legal aid organization.
3.3. Travel of Lawyers and Personnel - PAO lawyers and personnel who leave the office during office hours to attend to cases, and/or other official business must secure written permission, as follows:
3.3.a. Lawyers and personnel in the Central Office shall secure prior written permission from their Service Head, for travel within Metro Manila and for travels outside Metro Manila, from the Chief Public Attorney.
3.3.b. Field lawyers and personnel shall secure prior written permission from their District Public Attorney for travels within the district, from their Regional Public Attorney for travels outside the district but within the region, and from the Chief Public Attorney for travels outside the region.
3.3.c. A District Public Attorney shall secure prior written permission from the Regional Public Attorney, for travels outside the territory of his district but within the region, and from the Chief Public Attorney, for travels outside the region.
3.3.d. Service Heads and Regional Public Attorneys, shall secure the prior written permission of the Chief Public Attorney for their travels outside Metro Manila, and their regions, respectively.
3.3.e. All lawyers and personnel who wish to travel outside the country shall secure an Authority to travel abroad from the Chief Public Attorney.
3.4. Signature on Pleadings. - All complaints, petitions, answers, replies and other important pleadings to be filed in the lower courts, quasi-judicial bodies and other offices, must be signed by the lawyer handling the case and co-signed:
3.4.a. In the District Offices – by the District Public Attorney
3.4.b. In the Regional Offices – by the Regional Public Attorney, or any senior lawyer in that Office designated by him; and 3.4.c. In the Central Office – by the Service Head or the senior lawyer designated by the former.
3.5. Transfer of Cases. – Transfer of cases from one Public Attorney to another, shall be effected, only upon approval of the Officer-in-Charge/District Public Attorney/Service Head/Regional Public Attorney.
Section 4. Withdrawal of Representation. – A Public Attorney may, on justifiable instances, withdraw
representation of a client’s cause, upon approval of his superior, and through a proper motion filed in Court. Withdrawal may be warranted in the following situations:
1. In cases provisionally handled, where it is subsequently ascertained that the client is not qualified for PAO services;
2. Where the client’s income or resources improve, and he no longer qualifies for continued assistance;
3. When adequate proof is subsequently submitted, showing that the client’s allegation of indigency is false or incorrect;
4. When the client subsequently engages a de parte counsel, or is provided with a de oficio counsel;
5. When, despite proper advice from the Public Attorney, the client cannot be restrained from doing things which the lawyer himself ought not to do, particularly with reference to their conduct towards the courts, judicial officers, witnesses, and litigants (Canons of Professional Ethics), or the client insists in having control of the trial, theory of the case, or strategy in procedure, which would tend to result in incalculable harm to the interests of the client; and
6. When it becomes apparent that the representation of the client’s cause will result in conflicting interests, as where the adverse party had previously engaged the services of the PAO, and the subject matter of the litigation is directly related to the services rendered to the adverse party.
ARTICLE IX APPEALS
Section 1. Decision to Appeal. – All appeals must be made upon the request of the client himself, and only
meritorious cases shall be appealed. If the lawyer handling the case and his District Head find that there is no merit to the appeal, the client should
be immediately informed thereof in writing, and the record of the case turned over to him, under proper receipt. However, if the client insists on appealing the case, the handling lawyer should perfect the appeal, before turning over the records of the case to him.
If the case is meritorious, and the remedy is ordinary appeal, the Notice of Appeal should be forthwith prepared
and co-signed by the lawyer handling the case and his District Head. Where the District Office concerned is housed in the same building as the Regional Office, the Notice of Appeal should also be co-signed by the Regional Public Attorney.
Appeals by way of petitions under Rules 42, 43 and 45 of the 1997 Revised Rules of Court are effected by the
SAC Service filing a motion for extension of time to file petition, with the proper appellate court. Field lawyers shall not file any motion for extension of time to file petition, without prior consultation with the
SAC Service.
Section 2. Appeals to be Handled by the SAC Service (Central Office) and its Regional Special and Appealed Cases Units (RSACU). – The SAC Service (Central Office) shall handle: a) Appeals to the Office of the President; b) Appeals to the Court of Appeals (Manila); and c) Appeals to the Supreme Court (from all cases originating from the Court of Appeals, Manila).
The Regional Special and Appealed Cases Units (RSACU) stationed in Cebu City and Cagayan de Oro City, shall handle all appeals to the Court of Appeals Cebu and Mindanao Stations, respectively, and the Supreme Court (from all cases originating from the Court of Appeals, Cebu City and Cagayan de Oro City).
The lawyer who handled the case in the lower court, shall be responsible in perfecting the appeal. Automatic appeals wherein capital penalties are imposed, do not exist anymore (A.M. 00-503-SC, Oct. 15, 2004). In special proceedings and other cases where multiple appeals are allowed, he shall also file the Record on Appeal.
Section 3. Appeals to be Handled by Field Lawyers. – The following appeals shall be handled by the field lawyers:
a) Appeals from decisions of the Municipal Trial Courts, Municipal Circuit Trial Courts and Metropolitan Trial Courts, to the Regional Trial Courts. (to be handled by PAO resident lawyer of the RTC);
b) Appeals from decisions, resolutions and final orders of Regional Offices, Bureaus and other offices to their Departments;
c) Appeals to quasi-judicial bodies such as the Department of Agrarian Reform Adjudication Board (DARAB), National Labor Relations Commission, Housing and Land Use Regulatory Board (HLURB), Civil Service Commission, Employees’ Compensation Commission, Social Security Commission and others;
d) Petitions addressed to the Secretary of Justice, for the review of the resolution of a Prosecutor, or his order denying a motion for reconsideration, shall be prepared by the field lawyers on the case. The appeal must be in strict conformity with Department Circular No. 70 dated July 3, 2000;
e) Appeals from the decisions of the Regional Trial Courts, for violations of the Anti-Graft Law (R.A. 3019), and other related legislations to the Sandiganbayan, shall be handled by the Quezon City District Office.
Section 4. Records to be Transmitted. – The complete records of the civil/criminal case elevated to the appellate administrative bodies. Section 2. Provisional Legal Assistance - Pending qualification on the Merit and Indigency Tests, Public Attorneys
shall provide legal assistance to credit card holders in accordance with Section 4, Article II of this Manual. Section 3. Stages in the Rendition of Legal Assistance. – 3.1.Where Creditor has sent a Formal Demand for Payment
3.1.1. Duties of the Public Attorney - When a credit card holder seeks legal advice after receiving a demand letter to pay, the public attorney shall:
a) Interview the credit card holder regarding his/her qualification to avail of the services of the PAO and instruct him/her to provide proof of indigency;
b) Require the credit card holder to present a copy of the credit card agreement, the statements of account/billing statement and other pertinent documents, such as receipts, bank transfers or other documents evidencing payment;
c) The Public Attorney shall acquaint himself/herself with the specifics of the credit card obligation of the holder; such as:
1. The credit limit applied for and amount granted to the client; 2. The application of credit card extension, if any; 3. The total credit card receivables or amount due; 4. The “Minimum Amount Due” or “Minimum Payment Required;”
court, should be forwarded to the SAC Service, upon receipt by the handling lawyer of the Order giving due course to the Notice of Appeal. The documents to be transmitted should comply with the SACS’ prescribed transmittal/ checklist form.
Material dates to show timeliness of the remedy should be included in the memorandum/transmittal of the case to the SACS.
In criminal cases, the indorsing lawyer must, likewise, indicate whether the accused is on bail, or detained at the local jail or the National Penitentiary.
Field lawyers shall forward the records of the case for purposes of appeal/petition, only upon the instance of the accused/petitioner. Likewise, the District Public Attorney shall immediately forward all appellate court’s resolutions and pleadings
received from the adverse party, that were addressed to the district office, after the records of the case were forwarded to the SAC Service. If the court resolution provides a reglementary period to file a pleading and/or to comply with a certain requirement/directive, the DPA shall immediately transmit the same to the SAC Service, to ensure the latter’s receipt thereof, before the expiration of the period.
Section 5. Immediate Transmittal of Records. – The records shall be immediately transmitted to the SAC Service in the following cases:
1. Petitions for Review with the Court of Appeals of decisions of Regional Trial Courts in the exercise of its appellate jurisdiction;
2. Appeals in Special Civil Actions like petitions for certiorari, prohibition, or mandamus; 3. Petitions for Review on Certiorari of decisions of the Sandiganbayan. Section 6. Habeas Corpus Cases. – Petitions for the issuance of a Writ of Habeas Corpus, shall be filed by the
Public Attorney on the case, before the Family Court, or in the absence thereof, before the proper Regional Trial : Month : Number
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