A.

PERSONS QUALIFIED FOR LEGAL

ASSISTANCE

Under R. A. 9406, 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.”

The Merit Test

Under PAO M.C. No. 18 series of 2002, 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 the society.
In such cases, the Public Attorney should agree to
represent the party concerned. On the other hand,
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 handling of the case.
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 undue 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.

The Indigency Test

Pursuant to PAO MEMORANDUM CIRCULAR NO. 02

Series of 2010 dated January 27, 2010 and
entitled as "AMENDING SECTIONS 3, 4, and 5,
ARTICLE II OF MEMORANDUM CIRCULAR NO. 18,
S. 2002 (Amended Standard Office Procedures in
Extending Legal Assistance)" in relation to the
provisions of Republic Act (RA) No. 9406 enacted
by Congress and approved by Her Excellency
President Gloria Macapagal-Arroyo on March 23,
2007 and its Implementing Rules and Regulations
dated July 14, 2008, the Indigency Test set forth in
Section 3, Article II, MC No. 18, S. 2002, is hereby
amended to read as follows:

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 applicant shall be
considered as an indigent person:
1. If residing in Metro Manila, whose net
income does not exceed Php14,000.00 a
month;

2. If residing in other cities, whose net income

does not exceed Php13,000.00 a month;

3. If residing in other places, whose net

income does not exceed Php 12,000.00 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. (31 SCRA 141, 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/s.
Cases Which May be Provisionally Accepted

Cases Which May be Provisionally Accepted by PAO

lawyers pending verification of the applicant’s
indigency and an 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 (Sec. 3, Art.
2, MC No. 003, S.2008) ;

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 PAO lawyer 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 an
indigent, the lawyer should respectfully request
the court to relieve him/her by filing a Motion
for Withdrawal of Appearance from the case;
6. When the PAO lawyer 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 (Sec. 2, Art. IV, MC No. 08,
S. 2007);

8. In cases involving Children In Conflict with

the Law (CICLs), where there is an immediate
need of counsel (Sec. 2, Art. IV, MC No. 07, S.
2007);
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 counselling
to indigent persons in criminal, civil, labor,
administrative and other quasi-judicial
cases. In the exigency of the service, the
PAO may be called upon by proper
government authorities to render such
service to other persons, subject to
existing laws, rules and regulations.”

11. Other similar urgent cases.Persons

Qualified for Assistance Pursuant to MOAs and
DOJ Directives.

Persons qualified for assistance pursuant to

existing Memorandum of Agreements (MOAs)
and Department of Justice(DOJ Directives, as
set forth under Section 5, Article II, MC No. 18,
S. 2002, is hereby amended to read as follows:

1. Department of Agrarian Reform lawyers

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

2. Farmer-beneficiaries of the Agrarian

Reform Law:
 (a) in agrarian-related civil or criminal
cases pending before the courts and

(b) in cases against fellow beneficiaries

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

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 Philippines Overseas
Employment Administration (Memorandum
of Agreement between PAO, DOLE, POEA,
OWWA and some NGOs, dated April 2,
1993);

6. Barangay Health Workers (Sec. 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 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 a conflict of interest or when a
member does not qualify under the PAO’s
Indigency Test, in which case, a provisional
assistance shall beafforded 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 into incarceration
(Memorandum Circular No. 01, S. 2009,
dated January 5, 2009 in relation to
Memorandum of Agreement between the
National Press Club (NPC) and PAO dated
May 29, 2009);

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. Filipino complainants against foreigners

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

12. Members of the Press Photographers of

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

13. Officials of the Philippine National

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

Other Persons Qualified for Assistance

Immediate members of the family and relatives

within the 4th civil degree of consanguinity or
affinity of Public Attorneys may avail of the latter’s
services regardless of qualification under the
indigency test, with the approval of the Regional
Public Attorney, if the case is within his region or
the Chief Public Attorney, if the case is outside of
his region and provided further that the said
lawyer files a leave of absence on the day of the
hearing.

PAO personnel may also avail of the legal services

of PAO lawyers in criminal cases: Provided, that
the PAO is not the adverse party.
B. PERSONS NOT QUALIFIED FOR LEGAL ASSISTANCE

(PAO Memorandum Circular No. 18, Series of

2002, Article II, Section 6)
Public Attorneys are prohibited from assisting the
following parties:

Juridical persons; except those juridical entities

which are non-stock, non-profit organization whose
individual members will pass the indigency test of
the office, provided their cases involve land
disputes and that they are not the lessor thereof;

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;
Parties represented by de parte counsel; and

Landlords of residential lands and building with

respect to the filing of collection or unlawful
detainer suits against their tenants.
C. CASES NOT TO BE HANDLED
(PAO Memorandum Circular No. 18, Series of
2002, Article II, section 7)

PAO lawyers shall not handle cases where they

would be representing conflicting interests. Neither
shall they handle the prosecution of criminal cases
in court.

As a matter of office policy, PAO lawyers should,

likewise, refrain from undertaking the defense of
persons accused of violating BP 22, unless they are
appointed by the court as counsel de oficio under
existing laws, rules and regulations.

PAO lawyers shall, likewise, not handle Adoption

cases, except when either parent of the person to
be adopted is the petitioner-adopter and provided
that he/she passes the indigency test.