Administrative Code of 1987

Section 14

The Citizen's Legal Assistance Office (CLAO) is renamed Public Attorney's Office (PAO). It shall exercise the powers and functions as are now provided by law for the Citizen's Legal Assistance Office or may hereafter be provided by law. The PAO shall be an independent and autonomous office, but attached to the Department of Justice in accordance with Section 38(3), Chapter 7 of Book IV of this Code for purposes of policy and program coordination. The PAO shall be the principal law office of the Government in extending free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. (as amended by Republic Act No. 9406, [March 23, 2007])

Section 14-A

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. (as amended by Republic Act No. 9406, [March 23, 2007])

Section 15

The PAO shall consist of the following constituent units: (1) Office of the Chief Public Attorney and two (2) Deputy Chief Public Attorneys to serve as a 'Deputy Chief Public Attorney for Administration' and placed in charge of three divisions, namely: Administrative; Financial Planning and Management; and Executive Division, while the other to serve as 'Deputy Chief Public Attorney for Operations' and shall be responsible for special and appealed cases; legal research; and field services and statistics upon the designation by the Chief Public Attorney. One of the deputies shall be designated as Deputy Chief Public Attorney for Luzon and the other Deputy Chief Public Attorney for Visayas and Mindanao. (2) Six (6) line divisions in the Central Office, namely: Administrative; Financial Planning and Management; Special and Appealed Cases; Legal Research and Statistics; Field Services and Statistics; and Executive Divisions. (3) Regional, Provincial, City and Municipal District Offices. (as amended by Republic Act No. 9406, [March 23, 2007])

Section 16

The PAO shall be headed by a Chief Public Attorney and shall be assisted by two (2) Deputy Chief Public Attorneys. Each PAO Regional Office established in each of the administrative regions of the country shall be headed by a Regional Public Attorney who shall be assisted by an Assistant Regional Public Attorney. The authority and responsibility for the exercise of the mandate of the PAO and for the discharge of its powers and functions shall be vested in the Chief Public Attorney. The Office of the Chief Public Attorney shall include his/her immediate staff, the six (6) line divisions in the Central Office, the Deputy Chief Public Attorneys and the Regional, Provincial, City and Municipal District Offices. The Chief Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of the Chief State Prosecutor of the National Prosecution Service. The Deputy Chief Public Attorneys shall have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of the Assistant Chief State Prosecutor of the National Prosecution Service. The services herein created shall each be headed by a staff director who shall have the same qualifications for appointment, rank, salaries, allowances and privileges as those of staff director of the National Prosecution Service. Each of the PAO Regional Offices shall be headed by a Regional Public Attorney who shall be assisted by an Assistant Regional Public Attorney. The regional offices shall have such provincial, city and municipal district offices as may be necessary. The Regional Public Attorney and the Assistant Regional Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances, and retirement privileges as those of a Regional State Prosecutor and the Assistant Regional State Prosecutor of the National Prosecution Service, respectively. The Provincial Public Attorney, City Public Attorney and the Municipal District Public Attorney shall have the same qualifications for appointment, rank, salaries, allowances and retirement privileges as those of a Provincial Prosecutor and City Prosecutor as the case may be, of the National Prosecution Service, respectively. The other administrative personnel in the PAO shall have the rank and salaries equivalent to their counterpart in the National Prosecution Service. (as amended by Republic Act No. 9406, [March 23, 2007])

Section 16-A

The Chief Public Attorney and the Deputy Chief Public Attorneys shall be appointed by the President. The Deputy Chief Public Attorneys and Regional Public Attorneys shall be appointed by the President upon the recommendation of the Chief Public Attorney. The Chief Public Attorney, Deputy Chief Public Attorneys and Regional Public Attorneys shall not be removed or suspended, except for cause provided by law: Provided, That the Deputy Chief Public Attorneys, the Regional Public Attorneys and the Assistant Regional Public Attorneys, the Provincial Public Attorneys, the City Public Attorneys, and the Municipal District Public Attorneys shall preferably have served as Public Attorneys for at least five (5) years immediately prior to their appointment as such. The administrative and support personnel and other lawyers in the Public Attorney's Office shall be appointed by the Chief Public Attorney, in accordance with civil service laws, rules and regulations.

Section 16-B

In case of death, permanent incapacity, removal or resignation of the incumbent Chief Public Attorney, Deputy Chief Public Attorneys or Regional Public Attorneys or vacancy thereof, the President shall appoint a new Chief, Deputy Chief or Regional Public Attorney or shall designate one, as the case may be, in an acting capacity until a new one shall have been appointed. In case of temporary absence of the Chief Public Attorney, the latter may designate an Officer-in-Charge to be a caretaker of the Office.

Section 16-C

The incumbent officials and personnel of the Public Attorney's Office shall continue holding his/her position without the need of new appointment.

Section 16-D

The clients of the PAO shall be exempt from payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies, as an original proceeding or on appeal. The costs of the suit, attorney's fees and contingent fees imposed upon the adversary of the PAO clients after a successful litigation shall be deposited in the National Treasury as trust fund and shall be disbursed for special allowances of authorized officials and lawyers of the PAO.

Section 16-E

Local government units, subject to their capabilities, are authorized to extend financial and other support in the form of honoraria, free office space, equipment, furniture, stationery, and manpower to the PAO.

Section 16-F

The PAO may transmit through ordinary mail and/or registered mail with return card, free of charge, all official communications and papers directly connected with the conduct of its duties, functions and/or its exercise of administrative supervision over its personnel. The envelope or wrapper of the privileged mail matter shall bear on the left upper corner 'Public Attorney's Office' together with its address and on the right upper corner, the word 'Private or unauthorized use to avoid payment of postage is penalized by fine or imprisonment or both. (as created by Republic Act No. 9406, [March 23, 2007])