Article 32p. 32

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

and

to

the

limitations

prescribed

in

the

General

Appropriations Act for personnel services expenditures in

the NBI, the NBI director may be authorized to determine

the internal organization of the constituent units of the

Bureau including the composition and size thereof and

the number, classes and level of positions (below the rank

of presidential appointees) to be assigned or allocated

thereto.

CHAPTER 5 Public Attorney's Office

SECTION 14. Public Attorney's Office (PAO) . — 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. 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. (as amended by Republic Act No. 9406,

[March 23, 2007])

SECTION 15. Organizational Structure . — 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 Chief Public Attorney and Other

PAO Officials . — 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. Appointment. — 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. Vacancy of Office. — 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. Incumbent Officials and Personnel. —

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. Exemption from Fees and Costs of the

Suit. — 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

© Compiled by RGL

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