Thirteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two
thousand six.
REPUBLIC ACT No. 9406 March 23, 2007
AN ACT REORGANIZING AND STRENGTHENING THE PUBLIC
ATTORNEY'S OFFICE (PAO), AMENDING FOR THE PURPOSE PERTINENT
PROVISIONS OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS
THE "ADMINISTRATIVE CODE OF 1987", AS AMENDED, GRANTING
SPECIAL ALLOWANCE TO PAO OFFICIALS AND LAWYERS, AND
PROVIDING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:
SECTION 1. Section 4, Chapter 1, Title III, Book IV of Executive Order No. 292,
otherwise known as the "Administrative Code of 1987", as amended, is hereby
further amended to read as follows:
"SEC. 4. Organizational Structure - The Department shall consist of the
following constituent units:
(1) Department Proper;
(2) Office of the Government Corporate Counsel;
(3) National Bureau of Investigation;
(4) Public Attorney's Office (as an attached agency);
(5) Board of Pardons and Parole;
(6) Parole and Probation Administration;
(7) Bureau of Corrections;
(8) Land Registration Authority;
(9) Bureau of Immigration; and
(10) Commission on the Settlement of Land Problems."
SEC. 2. Section 14, Chapter 5, Title III, Book IV of the same Code, as amended,
is hereby further amended to read as follows:
"SEC. 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 attached to the
Department of Justice in accordance with Sec. 38(3), Chapter 7 of Book
IV of this Code for the purposes of policy and program coordination.
"The PA0 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."
SEC. 3. A new Section 14-A, is hereby inserted in Chapter 5, Title III, Book IV of
Executive Order No. 292, otherwise known as the "Administrative Code of 1987",
to read as follows:
"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."
SEC. 4. Section 15, Chapter 5, Title III, Book IV of Executive Order No. 292, as
amended, is hereby further amended to read as follows:
"SEC. 15. Organizational Structure. - The PA0 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 Division.
(3) Regional, Provincial, City, and Municipal District Offices."
SEC. 5. Section 16, Chapter 5, Title III, Book IV of Executive Order No. 292, as
amended, is hereby further amended to read as follows:
"SEC. 16. The Chief Public Attorney and Other PA0 Officials. - The PA0
shall be headed by a Chief Public Attorney and shall be assisted by two
(2) Deputy Chief Public Attorneys. Each PA0 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."
SEC. 6. New sections are hereby inserted in Chapter 5, Title III, Book IV of
Executive Order No. 292, to read as follows:
"SEC. 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 Municipal
District Public Attorney 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."
"SEC. 16-B. Vacancy. - In case of death, permanent incapacity, removal
or registration 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."
"SEC. 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 needs of new appointment."
"SEC. 16-D. Exemption from Fees and Costs of the Suit . - The clients
of the PAO shall 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."
"SEC. 16-E. Local Government Support. - 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."
"SEC. 16-F. Franking Privilege. - 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, function 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.'"
SEC. 7. Ratio of Public Attorney"s Position to an Organized Sala. - There
shall be a corresponding number of public attorney's positions at the ratio of one
public attorney to an organized sala and the corresponding administrative and
support staff thereto.
SEC. 8. Sections 41 and 42, Chapter 10, Book I of the same Code, as amended,
is hereby further amended to read as follows:
"SEC. 41. Officers Authorized to Administer Oaths. - The following officers
have general authority to administer oaths: President; Vice-President,
Members and Secretaries of both Houses of the Congress; Members of
the Judiciary; Secretaries of Departments; provincial governors and
lieutenant-governors; city mayors; municipal mayors; bureau directors;
regional directors; clerk of courts; registrars of deeds; other civilian officers
in the public service of the government of the Philippines whose
appointments are vested in the President and are subject to confirmation
by the Commission on Appointments; all other constitutional officers; PAO
lawyers in connection with the performance of duty; and notaries public.
"SEC. 42. Duty to Administer Oaths. - Officers authorized to administer
oaths, with the exception of notaries public, municipal judges and clerks of
court, are not obliged to administer oaths or execute certificates save in
matters of official business or in relation to their functions as such; and
with the exception of notaries public, the officer performing the service in
those matters shall charge no fee, unless specifically authorized by law."
SEC. 9. Grant of Special Allowances. - The Chief Public Attorney, the Deputy
Chief Public Attorneys, the Regional Public Attorneys, the Provincial, City and
Municipal District Public Attorneys, other PAO lawyers and officials who have
direct supervision over PAO lawyers shall be granted special allowances in the
amounts to be determined by the Secretary of the Department of Budyet and
Management (DBM) and the Chief Public Attorney.
The grant of said special allowances shall not exceed one hundred percent
(100%) of the basic salary of the PAO officials and lawyers as provided in the
immediately preceding paragraph.
SEC. 10. Effects of Subsequent Salary Increases. - Upon the implementation
of any subsequent increases in the salary rates provided under Republic Act No.
6758, as amended, all special allowances granted under Section 9 hereof shall
be considered as an implementation of the said salary increases as may be
provided by law. The special allowance equivalent to the increase in the basic
salary as may be provided by law shall be converted as part of the basic salary.
SEC. 11. Appropriations. - The amount necessary for the initial implementation
of this Act shall be charged against the current fiscal year's appropriations under
the budget of the PAO. Thereafter, such sums as may be necessary for the
continued implementation of this act shall be included in the Annual General
Appropriations Act.
SEC. 12. Implementing Rules and Regulations. - Within ninety (90) days from
the approval of this Act, the DBM and PAO shall adopt and issue the rules and
regulations for the effective implementation of this Act.
SEC. 13. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of implementation, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SEC. 14. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full
force and effect.
SEC. 15. Effectivity. - This Act shall take effect upon its approval fifteen (15)
days following its publication in the Official Gazette or in two (2) newspaper of
general circulation in the Philippines.
Approved,
MANNY VILLAR JOSE DE VENECIA JR.
President of the Senate Speaker of the House of
Representatives
This Act which is a consolidation of House Bill No. 5921 and Senate Bill No. 2171
was finally passed by the House of Representatives and the Senate on February
8, 2007.
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of Senate Secretary General
House of Represenatives
Approved: MAR 23, 2007
GLORIA MACAPAGAL-ARROYO
President of the Philippines
