Pao Legal Forms PDF

CODES
AND
REFERENCES
FOR THE

This publication was made possible through support provided by the U.S. Agency for
International Development, Philippine Mission, and the American Bar Association Rule
of Law Initiative through Cooperative Agreement No. 492-A-00-09-00026-00. The
opinions expressed herein are those of the author(s) and do not necessarily reflect
those of the U.S. Agency for International Development or the American Bar
Association Rule of Law Initiative.

TABLE OF CONTENTS
Page
Foreword
Acknowledgement
1
2
Code of Conduct for Public Attorneys and the
Employees of the Public Attorneys Office
3
Message from the Department of Justice
Message from USAID
4
5
Section 1. Purpose
Section 2. Coverage
Section 3. Core Values
Section 4. Declaration of Policies
Section 5. Definition of Terms
Section 6. Norms of Conduct of Public Attorneys
Section 7. Duties of Public Attorneys and Employees
Section 8. Duties of Public Attorneys
Section 9. Punctuality and Attendance
Section 10. Sanctions
Section 11. Amendment
Section 12. Employees Undertaking
Section 13. Repealing Clause
Section 14. Effectivity
6
6
7
7
7
8
19
21
23
24
25
25
25
26
Public Attorneys Office (PAO) Operations Manual
(as amended by PAO Office Order No. 124, Series of 2011)
Article l. Purpose
Section 1. Purpose

Article II. Clientele
Section 1. Persons Qualified for Legal Assistance
Section 2. Merit Test
Section 3. Indigency Test
Section 4. Cases which may be Provisionally Accepted
Section 5. Persons/Entities Qualified for Legal Assistance Pursuant to Memorandum
Agreement; Department of J ustice Directives and Special Laws
Section 6. Other Persons Qualified for Assistance
Section 7. Persons Not Qualified for Legal Assistance
Section 8. Cases Not to Be Handled

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31

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33
Article III. Handling of Criminal Cases Pursuant to the Provisions of the Speedy
Trial Act and Its Implementing Rules
Section 1. Cases Covered by the Rule on Summary Procedure
Section 2. Cases Under Regular Procedure
Section 3. Duties Where Accused is Detained
Section 4. Duties in Arraignment
Section 5. Duties on Pre-trial, during Pre-trial
Section 6. Time Limit for Trial
Section 7. When the Accused Enters a Plea of Not Guilty
Section 8. Exclusions
Section 9. Time Limit following an Order for New Trial
Section 10. Remedy

Article IV. Legal Assistance to Children in Conflict with the Law (CICL)
Section 1. Scope of Legal Assistance
Section 2. Provisional Legal Assistance
Section 3. Stages in the Rendition of Legal Assistance
Section 4. During Custodial Investigation
Section 5. During Inquest Proceedings and Preliminary Investigation
Section 6. Diversion
Section 7. Filing of the Complaint or Information in Court
Section 8. Recording and Reporting of Cases

Article V. Legal Assistance to Women and Their Children Subjected to Violence
under R.A. No. 9262 and Other Related Laws
Section 1. Legal Basis
Section 2. Legal Assistance to Women and Children Subjected to Abuse
Section 3. Handling of Cases
Section 4. Procedure in Extending Legal Assistance to Women and
Children Subjected to Violence

Article VI. Legal Assistance to Police Officers pursuant to DOJ Dept. Circular No.
78, dated Oct. 26, 2009
Section 1. Coverage
Section 2. Legal Assistance
Section 3. Procedure in Extending Legal Assistance

Article VII. Legal Assistance to Delinquent Credit Card Holders
Section 1. Legal Assistance
Section 2. Provisional Legal Assistance
Section 3. Stages in the Rendition of Legal Assistance

Article VIII. J udicial and Quasi-J udicial Cases
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48
Section 1. Procedure in Accepting Cases
Section 2. Court Assignments
Section 3. Handling of Cases
Section 4. Withdrawals of Representation

Article IX. Appeals
Section 1. Decision to Appeal
Section 2. Appeals to be Handled by the SAC Service (Central Office) and
its Regional Special and Appealed Cases Unit (RSACU)
Section 3. Appeals to be Handled by Field Lawyers
Section 4. Records to be Transmitted
Section 5. Immediate Transmittal of Records
Section 6. Habeas Corpus Cases
Section 7. Appeals by the Adverse Party
Section 8. SAC Service Responsibilities
Section 9. Monitoring of Compliance with Guidelines
Section 10. Miscellaneous Provisions

Article X. Non-J udicial Services
Section 1. Coverage
Section 2. Counseling
Section 3. Documentation
Section 4. Mediation, Arbitration, and Conciliation
Section 5. Authority to Administer Oaths
Section 6. Outreach Activities

Article XI. Recording and Reporting of Cases and Services
Section 1. Recording
Section 2. Reporting

Article XII. Litigation Expenses and Success Fees
Section 1. Exemption from Fees and Cost of the Suit
Section 2. Exemption from Filing Fees for Complaints filed before the Prosecutors
Office
Section 3. Cost of Suit, Attorneys Fees and Contingent Fees
Section 4. (untitled)

Article XIII. Franking Privileges.
Section 1. Franking Privilege
Section 2. Form
Section 3. Provision of Envelopes and Rubber Stamps
Section 4. Recording of Outgoing Mails

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Article XIV. Rules of Conduct

Article XV. Sanctions

Article XVI. Final Provisions
Section 1. Repealing Clause
Section 2. Effectivity
57

58

59
59
59
Consolidated Public Attorneys Office Legal Forms
PAO FORM NO. 2010-1, Interview Sheet
PAO FORM NO. 2010-1-A, Affidavit of Indigency
PAO FORM NO. 2010-2, Denial/Disqualification of PAO Legal Assistance
PAO FORM NO. 2010-3, Notice of Pre-Litigation Conference
PAO FORM NO. 2010-4, J oint Affidavit of Two Disinterested Persons
PAO FORM NO. 2010-5, Affidavit of Undertaking as Custodian
PAO FORM NO. 2010-6, Affidavit of Discrepancy
PAO FORM NO. 2010-7, Affidavit of Desistance
PAO FORM NO. 2010-8, Affidavit of Denial of Identity
PAO FORM NO. 2010-9, Affidavit of Consent and Support for Travel of a Minor
PAO FORM NO. 2010-10, Affidavit of Acknowledgement of Paternity, Support
and Consent to Use my Last Name
PAO FORM NO. 2010-11, Motion for Extension of Time to Submit Counter-Affidavit
PAO FORM NO. 2010-12, Notice of Appearance
PAO FORM NO. 2010-13, Motion to Set Case for Arraignment
PAO FORM NO. 2010-14, Application for Release on Recognizance
PAO FORM NO. 2010-15, Motion to Withdraw Appearance
PAO FORM NO. 2010-16, Application for Probation
PAO FORM NO. 2010-17, Motion to Quash Amended Information
PAO FORM NO. 2010-18, Motion to Dismiss Based on Demurrer to Evidence
PAO FORM NO. 2010-19, Petition
PAO FORM NO. 2010-19-A, Petition for Release Pursuant to R.A. No. 9344 in
Relation to Executive Order no. 633 (Court of Appeals)
PAO FORM NO. 2010-19-B, Petition for Release Pursuant to R.A. No. 9344 in
Relation to Executive Order no. 633 (Supreme Court)
PAO FORM NO. 2010-20, Motion to Withdraw Appeal (Court of Appeals)
PAO FORM NO. 2010-21, Petition for Certiorari (Court of Appeals)
PAO FORM NO. 2010-22, Brief for the Plaintiffs-Appellants-Quieting of Title,
Annulment for Declaration of Real Property
(Court of Appeals)
62

63
65
66
67
68
69
70
71
72
73
75

76
78
79
80
81
83
85
90
104
113

118

124
127
142

PAO FORM NO. 2010-23, Brief for the Plaintiffs-AppelleesConfirmation of
Perpetual Road Right of Way (Court of Appeals)
PAO FORM NO. 2010-24, Memorandum (Court of Appeals)
PAO FORM NO. 2010-25, Urgent Motion to Re-Open the Case with Leave of Court
(Supreme Court)
158

170
185

Additional PAO Materials
PAO Revised Standard Procedure in Mediation and Conciliation (Memorandum
Circular 001, Series of 2012)
Revised Standard Office Procedure in Extending Legal Assistance During Custodial
Investigation and Inquest Proceedings (Memorandum Circular 002, Series of 2012)
Standard Operating Procedure During Visitation in J ails and Holding Centers
(Memorandum Circular 003, Series of 2012)
Standard Operating Procedure in the Conduct of Barangay Legal Information
Dissemination and Outreach Program (Memorandum Circular 004, Series of 2012)
Clarification on Assistance in Preparation of Extra-J udicial Confession as Part of
Inquest Duties (Memorandum Circular 002, Series of 2011)
Public Attorneys Office Citizens Charter

References for Public Attorneys

198

199

210

228

233

237

241

270
International Conventions Signed by the Philippines
271
International Covenant on Civil and Political Rights (Excerpts) 271
Convention on the Rights of the Child (Excerpts) 274
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment
(Excerpts)
277
Convention on the Elimination of All Forms of Discrimination against Women 277
Convention on the Rights of Person with Disabilities (Excerpts) 278

Other International Materials

281
Universal Declaration of Human Rights (Excerpts) 281
Basic Principles on the Role of Lawyers (Excerpts) 282
Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment (Excerpts)
284
United Nations Rules for the Protection of J uveniles Deprived of their Liberty
(Excerpts)
286

Philippine Republic Acts
289
R.A. No. 3019, Anti-Graft and Corrupt Practices Act 289
R.A. No. 6713, An Act Establishing a Code of Conduct and Ethical Standards for
Public Officials and Employees
294
R.A. No. 7438, An Act Defining Certain Rights of Person Arrested, Detained or
Under Custodial Investigation
303
R.A. No. 8493, Speedy Trial Act 306
R.A. No. 9262, An Act Defining Violence against Women and their Children 312
R.A. No. 9406, An Act Reorganizing and Strengthening PAO 328

Philippine Court Documents

334
Supreme Court Circular No. 38-98, Implementing the Provisions of Republic Act
No. 8493
334
Rules of Court 138, Attorneys and Admission to Bar, Section 20 339

Philippine Legal Ethics Codes

340
Cannons of Professional Ethics 340
Code of Professional Responsibility 354
Code of Conduct for Prosecutors (Annotated)

365

FOREWORD

This book integrates three publications of the Public Attorneys Office
(PAO), the Code of Conduct for Public Attorneys and Employees of the
PAO (Code of Conduct), PAO Operations Manual, and PAO Legal Forms
Manual, with practical examples, PAO memoranda from 2011 and 2012,
and other references. Textboxes were added to the Code of Conduct
containing specific examples and dilemmas faced by Public Attorneys and
U.S. lawyers. The PAO Operation Manual was updated to incorporate PAO
Office Order No. 124, Series of 2011. All manuals were reformatted in
terms of spacing and punctuation. No changes were made to the wording
other than to correct typographical errors.
PAO Code Book 1 of 375

CODE OF CONDUCT FOR
PUBLIC ATTORNEYS AND
EMPLOYEES OF THE PUBLIC
ATTORNEYS OFFICE

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MESSAG I::
The C(xi[! of onduct for the 11ubli e Attorncys' Omce ( PAD) is :1
welcome d[!vcIQI)lll enl In the currcnt iluminislnttion',.. anli-eorruption
efforts and the pursuit 10 foll ow thc strili ght pllth II ... enunciated hy His
I::.xcelleney, I)rcsiclent Hen1gno S, I\quino in his Sodnl COll tl'act with the
Filipino people.
I alll pleased 10 note thut the Code provides fur the standards of
behaviOI' Ihat c<lch 1)/\ 0 lawycr nnd employee oll ghl to undCI't<lkc In
ma inwini ng the highest level of pl'Ofessiollalism in defi ling \vi lh their
clieTlts, the public, thei r eoll cagut!s and the members uf the b<l r nml
bench,
It is m)' s inccre hope that th\,; Cod\,; uf Cuutiucl will dictate a fi rmcr
commitmcnt from the !lAO to rise ilOOVe th\,; cimllcngcs of its work to
serve the plXl !' unci thc marglnali z\,;d sector of ... ocicty, Because it is this
\'ulnerable seelor which l'tllulrcs Ihe most of govCrlllllCnl inter\'cnliQn
when exercising thei l' rights and c\' ... n in the fulfil lment of their nel:ds. I I
is in the PAQ thllt the I)()()r lire able to find their champion al times whcn
their I'ights arc vio\fltcd li nd for them 10 g{'t fl fair cha nce of access 10
jnstice.
Ill'e:ltht.: Hfe into this Code by prncticing the tenet s jll'i)vilil'd h\,; I' ill
ns we wOI'k logcthel' fOl' the upliOmcnt of OUl" society",; mornl fibt' I'. I
tirml y bcli cvc thol 1' practiclng lin' provision ... of thi s Code, it will twlp
you all:lin youI' vislOI1 or 11 dyunmic orgnniziltion ror the PAO composcd
of highly competent and dC'(Ii(-iitcd Imblie nltorilc)'1i who arc rcsponsi\'c
to Il l(' needs of tIle indi .... cnls lind th ... OPlucssct\,
Rest as."uretl that li S )'f)\lr Sccrcwt)' of Jm' tk, .... I will continuc 10
slipp0l1 )'0111' undcI1akings and togdhcr WI,' wlll l rrl\'o.'rs ... the ri ght POittl
towards for Ollr nat ion.
CongrnluJation,.. to the dYl111111k Ilwn ;l nd 11'0111 ... 11 of th{' p,\O fIll'
" "h" wO<'thy end,"v",', 11111 11 11111:1111111
,. , ,


Message from the United States Agency for internat ional Devel opment
The lawyers and staff of the Public Attorney's Office (PAD) of the Phil ippines are an inspirat ion
for all those who know of t heir work. Their mandate - to provide legal services to all indigent
Fili pinos who need their assistance - is a noble one, and demonstrates government recognition
of every Filipino's right to access the justice system. The PAD is a great example of the direct
relationship between the poor and the often remotely located citi zenry and the national
government. Under the leadership of Chief Public Attorney Persida Rueda-Acosta, the mandate
of the PAO has grown tremendously and now includes not just cases of persons accused of
crimes, but all civil matters involving clients who cannot afford an attorney. PAD' s lawyers are
among the most dedicated public servants in the country, and their work has positively touched
the lives of hundreds of thousands of Filipinos.
This Manual of Operations and Code of Professional Conduct is another step in the phenomenal
development and growth of the Office of the Public Attorney. The United States Agency for
Internat ional Development, through its partnership with the American Bar Association - Rule of
law Initiative, is delighted that It could provide the technical assistance needed to make the
PAD an even stronger, more professional agency of the Government of the Philippines.
Mission Director
Republikang Pilipinas
Kagawaranng Katarungan
Tanggapanng Manananggol Pambayan
PUBLIC ATTORNEYS OFFICE
DOJ Agencies Building, NIA Road corner East Avenue
1104 Diliman, Quezon City
Telephone Nos. 9299010/9299436; Fax Nos. 9276610/9262878

Memorandum Circular No.007
Series of 2010

CODE OF CONDUCT FOR PUBLIC ATTORNEYS
AND EMPLOYEES OF THE PUBLIC ATTORNEYS OFFICE

Section 1. Purpose. This Code of Conduct is issued to set forth, define and consolidate
the policies and rules of conduct to be observed by Public Attorneys and other
employees of the Office in providing legal assistance pursuant to the Public Attorneys
Office mandate and in dealing with the public.

Section 2. Coverage. The Code of Conduct for Public Attorneys shall apply to all public
attorneys performing their duties in providing legal assistance pursuant to the mandate
of the Public Attorneys Office. On the other hand, the Code of Conduct for other
employees shall apply to all those who hold a permanent or temporary appointment,
including contractual, co-terminus and detailed employees as a guide in discharging
their respective functions of assisting the Office in carrying out its mandate.

The provisions of this Code shall be suppletory to the existing laws, rules and
regulations governing the conduct, responsibilities and accountabilities of public officials
and employees.
MISSION: The Public Attorneys Office exists to provide the indigent litigants, the
oppressed, marginalized and underprivileged members of the society free access to
courts, judicial and quasi-judicial agencies, by rendering legal services, counseling and
assistance in consonance with the Constitutional mandate that free access to courts
shall not be denied to any person by reason of poverty in order to ensure the rule of
law, truth and social justice as components of the countrys sustainable development.


Inadequate
Representation,
Philippine Case Study

In a criminal case, the defendants
attorney was ordered to file a brief. The
brief he filed was only two pages long
and inadequate in substance. The
Supreme Court expunged the brief and
ordered the attorney to show cause as
to why he should not be held in
contempt for filing an insufficient brief.
The attorney blamed his secretary. The
Court did not accept the excuse, finding
that the attorney should not have made
his secretary responsible for executing
such an important task. The Court
noted that if the attorney felt he was not
being paid his proper fees and could no
longer represent his clients interests,
he should have opted to withdraw.

Citing Canons 2 and 18 of the Code of
Professional Responsibility and Rule of
Court 138 Section 20, the Supreme
Court suspended the attorney from the
practice of law for five months and
ordered him to pay a P3,000 fine.

People vs. Almendral, G.R. No.
126025, December 4, 2000.
VISION: A government agency that is God-
centered and dynamic bureaucracy that is
responsive to the ever-growing legal needs of
the indigents and oppressed led by highly
competent, world- class, development-
oriented, honest, dedicated and nationalistic
leaders and lawyers.

Section 3. Core Values.

Respect for the rule of law, human rights and
dignity of human being

Commitment to public service

Public interest over and above personal
interest

Honesty, integrity and competence

Courtesy, sincerity and candidness

Prompt and effective delivery of legal
assistance

Non-discrimination as to creed, religion,
politics, sexual orientation, marital status or
age

Frugal use and responsible management of government resources

Section 4. Declaration of Policies. To promote a high standard of conduct and ethics
in providing legal services to qualified individuals, all Public Attorneys and employees of
this Office shall discharge their duties with utmost responsibility, integrity and
competence.

Section 5. Definition of Terms. As used in this Code, the term:

a. Office refers to the Public Attorneys Office;

b. Employee shall refer to all personnel,
including public attorneys, holding a permanent
or temporary appointment including contractual,
co-terminus and those detailed from other
government agencies;

c. Client shall refer to any person to whom the
Office renders legal services/assistance;

d. Gift shall refer to a thing or a right to dispose
gratuitously or any act of liberality in favor of
another who accepts it, including a simulated
sale or an ostensibly onerous disposition thereof
from a person who has been a client of PAO;

e. Receiving any gift shall refer to the act of
accepting, directly or indirectly, a gift from a
client who is not a member of his family or
relative;

f. Conflict of Interest shall refer to the Offices
representation at the same time of inconsistent
interest of two or more opposing parties in the
same case/s;

g. OB Slips refer to permits issued to the
employees before leaving the Office on official
business.

Section 6. Norms of Conduct of Public Attorneys and Employees. Every Public
Attorney and employee shall observe the following standards of personal conduct in the
discharge and execution of official duties:

A. Standards of Personal Conduct:

a. Commitment to free legal services All public attorneys shall strictly adhere to their
duty of providing free legal assistance and/or representation to indigent and qualified
persons in civil, criminal administrative and quasi-judicial cases at all times.

Inadequate
Representation,
Philippine Case Study

In a rape case, both the defendant and
his counsel, a Public Attorney, failed to
appear at a pre-hearing. A second
Public Attorney appeared at a later
hearing, but failed to cross-examine the
prosecutors primary witness and put
little effort into examining the other
witnesses. Neither attorney appeared at
later hearings or made any effort to
have the hearings postponed. The
defendant was sentenced to death.

The Supreme Court found that the
defendants right to counsel was
violated by the attorneys failure to
appear and lackluster performance. The
Court noted that the right to counsel in
the face of the death penalty was not
diminished by defendants failure to
appear or the nature of his crimes. The
Court remanded the case and
admonished the attorneys and trial
court judge.

People v. Ferrer, G. R. No. 148821,
J uly 18, 2003.

b. Professionalism

Public Attorneys shall
perform and dis-
charge their functions
promptly and effect-
ively in accordance
with the lawyers oath
and their oath of
office.

They shall be court-
eous, respectful and
professional in their
dealings toward their
clients, members of
the bar, the bench
and the public.

c. Justness and sincerity Public Attorneys shall uphold the interest of their clients and
shall be candid with them at all times; upholding the rule of law and what is fair, just
and equitable under the circumstances.

d. Integrity and Moral
Uprightness
Public Attorneys
integrity, morality and
conduct shall be beyond
reproach.

e. Non-discrimination
Employees of the Office
shall provide free legal
service to litigants in
accordance with
existing rules and
regulations without
discrimination, directly
or indirectly against any
person on grounds of
Improper Case Management , Philippine Example

A Public Attorney representing a client convicted of theft prepared a draft petition
for probation. He decided not to file the petition after learning that the client had a
previous conviction, which rendered him ineligible for probation. After the timeframe
for filing the petition had already passed, the clients relative asked the attorney for
a copy of the draft petition, saying that she would discuss it with the judge. The
attorney advised the relative that the client was ineligible for probation, and that the
timeframe for filing the petition had expired. The relative continued to demand a
copy of the petition, and the attorney finally gave it to her. The attorney asked the
relative to let him know whether the judge would be willing to entertain it, so he
could prepare a final copy.

The relative thereupon filed the draft petition with the court. The court denied the
petition and questioned why it was filed late, and PAO conducted an investigation
on the matter. The Chief Public Attorney strongly admonished the attorney both for
allowing the relative to dictate the procedure of the case and for allowing the filing
of a petition that was already out of time.

EXEC (LRD) No. 08-23, Oct. 7, 2008.

Zealous Representation, Philippine Case Study

After failing to timely file an answer in a civil case, a defendant sought the
assistance of a public attorney. The attorney filed a Manifestation seeking an
extension of time to answer. In the Manifestation, she alleged that the
plaintiff in the case had filed improper pleadings and harassed and maligned
government officials. The plaintiff filed a complaint against the attorney
alleging gross ignorance of the law and lack of professional competence.

PAOs investigation of the attorney determined that the attorney was acting
in good faith to protect the interests of her client, and that her actions did not
constitute gross ignorance of the law. The Chief Public Attorney issued an
order affirming that the attorney was obliged to take remedial measures to
address her clients failure to timely file an answer, but finding that the
attorney should have filed a Motion to Admit instead of a Manifestation.

EXEC (LRD) No. 02-118, Sep. 4, 2002.

race, color, ethnic or national origin, gender, marital status, sexual orientation, disability,
age, political predilections or religion.

f. Confidentiality Information obtained from and communications had with the clients
are privileged and shall be kept confidential at all times even after termination of
lawyer-client relationship; maintaining and respecting the fiduciary relations between
lawyer and client all the time.

Exception to Duty of Confidentiality, American Case Study

A crime suspect and his attorney discussed documents and emails that the prosecutor was seeking in the investigation
against the suspect. Apparently based on this conversation (and without the attorneys knowledge), the suspect
destroyed many of the documents and emails. The prosecutor subpoenaed the attorney to compel testimony regarding
the conversation that preceded the document destruction. The suspect claimed the attorney-client confidentiality
privilege.

The prosecutor argued that the crime-fraud exception to the attorney-client privilege should be applied. This exception
allows the privilege to be overridden if the client used the attorney's services to further a continuing or future crime or
fraud, and it applies even when an attorney is unaware that the client is engaged in or planning a crime.

The U.S. Third Circuit Court of Appeals found that the prosecutor supplied sufficient evidence to suggest that the
suspect was engaged in the ongoing crime of obstruction of justice, and that the communication with the Attorney was in
furtherance of the crime. The court thus upheld the subpoena of the attorney-client communications.

In re Grand J ury Investigation, 445 F.3d 266 (3rd Cir. 2006) cert. denied, 127 S. Ct. 538 (2006).

Over-Zealous Representation, American Case Study

While representing a defendant at trial, an attorney had someone who was not the defendant sit in the defendants
place at the counsel table, with the intent of causing misidentification. The attorney was aware of the court custom that
only the parties and those with the courts permission were allowed to sit at the counsel table.

The attorneys action created confusion and delay in the case, and the attorney was charged with contempt of court.
The court hearing the case against the attorney found him to be in contempt of court and in violation of professional
rules regarding trial conduct and candor to the court.

Upholding this ruling, the U.S. Ninth Circuit Court of Appeals noted that the duty to zealously represent a defendant
allows an attorney to impeach or confuse a witness, even if the attorney believes the witness is telling the truth. The
court explained that the line between zealous representation and actual obstruction is close, but the line is crossed
when an attorneys conduct impedes the court's search for truth and results in delays.

U. S. v. Thoreen, 653 F.2d 1332 (9th Cir. 1981).

g. Preparedness Public Attorneys shall
appear for trial adequately prepared on the
law and facts of the case, the evidence to be
adduced and the order of preference. They
shall be ready with the original documents
for comparison with the duplicate or
photocopy thereof; and shall file pleadings,
memoranda and briefs on time.

h. Simple living Public Attorneys shall lead
modest lives avoiding ostentatious display
of wealth in any manner.

i. Responsibility and frugality Public
Attorneys shall be the role model for others
on how to be responsible and frugal in the
management and use of government
resources.

j. Neutrality and Independence All
employees shall maintain professional
independence and shall not allow this to be
compromised by undue influence.

k. Unity in Information Dissemination To
preserve the integrity of the office and to
ensure the preservation of national security
and interest involving PAO cases, Public
Attorneys and employees shall refrain from
conducting press conferences and media interviews without prior authority of the Chief
Public Attorney or his duly authorized representative.

B. Prohibited Acts/Practices:

a. Public Attorneys shall refrain from encouraging or doing acts contrary to law, good
morals, custom, public policy and public order; and shall avoid any act, utterances or
circumstances that can cause intrigue and sow dissension and division in the Office.

Failure to FollowProper
Filing Procedure, Philippine
Example

A Public Attorney working in a field office
agreed to file a petition to the Supreme Court
for certiorari on behalf of an indigent client,
even though he was aware of the rule (under
Memorandum Circular No. 18) requiring such
appeals to be handled by PAOs Special and
Appealed Cases Service (SACS). The
attorney reasoned that the client was an
elderly woman with limited finances and
limited ability to travel to the SACS office in
Quezon City, and that the time frame for filing
was about to expire. The attorney prepared
the petition without including the required
original or certified copy of the lower courts
ruling, and the petition was denied based on
that technicality.

The Chief Public Attorney issued an order
reprimanding the Public Attorney, noting that
he had good intentions, but his failure to follow
the proper procedure prejudiced his client.

EXEC (LRD) No. 02-169, Oct. 8, 2002.

b. Public Attorneys are strictly prohibited from representing conflicting interests. They
shall therefore refrain from accepting, assisting or representing the opposing party of
any of the Offices clients which could prejudice the latters interest. Thus, once there
appears to be a conflict of interest or a risk thereof, public attorneys shall immediately
inform the client about the said conflict and cease to act for and in his behalf; and, refer
the latter to a law office or any of the organizations providing free legal service.

Conflict of Interest between Former and Current Clients, Philippine Case Study

An attorney represented several tenants in a case brought by a landlord for non-payment of rent. In a later case regarding
the same rental property, the attorney represented one of the tenants in pursuing a claim against another tenant.

In a disciplinary proceeding brought against the attorney, the Supreme Court observed that an attorney is forbidden from
representing a new client against a former client when the subject matter of the present controversy is related, directly or
indirectly, to the subject matter of the previous litigation in which he appeared for the former client. In considering whether
the interests of two clients are inconsistent, the attorney must consider whether representing the new client would prevent
the full discharge of his duty of undivided fidelity and loyalty to the former client, or invite suspicion of unfaithfulness or
double-dealing in the performance of that duty. The Court held that the attorney violated Rule 15.03, Canon 15 of the Code
of Professional Responsibility.

Samala v. Valencia, A.C. No. 5439, J anuary 22, 2007, 512 SCRA 1.

Unacceptable Office Conduct, Philippine Case Study

On several occasions, a Public Attorney who was frustrated with her job re-assignment threatened fellow employees with
bodily harm. One of the threats took place during a PAO flag ceremony, when the attorney shouted at an administrative
officer until other employees intervened. Employees were aware that the attorney was in possession of an office-issued
pistol and were concerned for their safety.

The attorney was charged with Grave Misconduct and Being Notoriously Undesirable. After an administrative hearing within
PAO, she was dismissed. She appealed to the Civil Service Commission, which found her liable only for simple
misconduct, subject to a six-month suspension.

When PAO appealed the case to the Court of Appeals, the Public Attorney challenged PAOs standing to appeal. The court
found that PAO, as the party responsible for the attorneys discipline and the safety of the office, had a right to appeal the
case. The court also found that the attorneys threats, even if they had not led to actual violence, were sufficiently grave
and inappropriate to constitute Grave Misconduct and Being Notoriously Undesirable. Thus, the court reinstated the
dismissal.

Public Attorneys Office v. Attorney X, CA-G.R. SP No. 117768, May 25, 2011.

c. Public Attorneys shall be strictly prohibited from engaging in private law practice
except in cases involving immediate members of their family; and, provided that a
written authorization of the Chief Public Attorney is first obtained.

Improper Participation in Private Action, Philippine Case Study

A Public Attorney was one of several heirs to a piece of land. He filed a land registration case on behalf of himself and
other heirs. He continued to participate in the case after he left PAO and became a judge. One of the heirs not represented
by the attorney filed a complaint against the attorney for improperly engaging in private practice while employed by PAO
and while serving as a judge. The attorney argued that he did not need permission from PAO or from the Supreme Court to
participate in the case, since he was a co-heir acting on behalf of himself and other heirs rather than serving as counsel.

The Supreme Court found that the attorneys letters, pleadings and numerous court appearance in defense of the co-heirs
rights amounted to the private practice of law. The Court cited the 1997 PAO Memorandum allowing PAO attorneys to
represent family members only with the approval of either the Regional Director or the Chief Public Attorney, but found the
memorandum inapplicable to the attorney since the actions took place prior to its issuance. The Court found that the
attorneys representation during his judgeship without proper permission violated the Code of Judicial Conduct, the Revised
Rules of Court, the Revised Civil Service Rules, and Code of Conduct and Ethical Standards for Public Officials and
Employees. The attorney was ordered to pay a fine of P10,000.

Ziga v. Arejola, A.M. No. MTJ -99-1203, J une 10, 2003.

Conflict of Interest between Co-Defendants, American Case Study

An attorney represented three co-conspirators charged in the same conspiracy. Two pled guilty in the hopes of getting
reduced sentences. They testified against the third co-conspirator, who pled not guilty and went to trial.

After being convicted, the third co-conspirator appealed on grounds that the attorneys conflict of interest in representing
the three clients had adversely affected the trial.

The U.S. Fifth Circuit Court of Appeals found that the attorney was conflicted between vigorously cross-examining the first
two co-conspirators, which could jeopardize their chances of obtaining reduced sentences, and not vigorously cross-
examining them, which could jeopardize the third co-conspirators case. Due to this conflict of interest, the court vacated
the lower courts holding and remanded the case for determination as to whether the conflict adversely affected the third
co-conspirators representation.

United States v. Infante, 404 F.3d 376 (5th Cir.2005).

d. Public Attorneys shall not allow or assist a witness to lie or circumvent facts, and/or
misrepresent himself.

e. Public Attorneys shall not browbeat or
harass a witness.

f. Public Attorneys shall not testify on
behalf of their clients, except

a. on formal matters such as,
among others, mailing and
authentication or custody of an
instrument; and

b. on substantial matters where the
testimony is crucial and indispensable
in serving the ends of justice; in which
event, the trial of the case shall be
entrusted to another counsel during
their testimony.

Improper Participation in Private Action, Philippine Example

An anonymous complainant accused a Public Attorney of handling several private cases without proper authority. In her
defense, the Public Attorney asserted that each case fell under an exception to the private practice prohibition, was referred
to her by a superior, or was something she had never worked on. An investigation of the complaint revealed that two
members of the investigation committee had helped the anonymous complainant prepare the complaint. The Chief Public
Attorney removed these officers from the committee but did not dismiss the complaint, as there was evidence that the
Public Attorney had improperly provided assistance to clients who did not meet PAOs indigency requirements.

The Chief Public Attorneys resolution on the matter explained that the mere fact that a potential client was a student,
friend, or relative did not mean that s/he was automatically entitled to PAO assistance. Even if a matter is referred to a
Public Attorney by a superior, it is the attorneys responsibility to review the file and make sure that the client is eligible for
PAO assistance. The resolution emphasized that the term refer means a request to accommodate, which is still subject
to the rules and regulations of the office.

The resolution admonished the attorney who was the subject of the anonymous complaint.

PAO Resolution re Anonymous Letter-Complaint against Attorney X, Aug. 6, 2001.

Avoiding Client Perjury,
American Case Study

A criminal defendant charged with murder told
his attorney that he would testify that he saw
the victim with a gun, even though he knew
the victim did not actually have a gun. The
attorney advised the defendant that he would
seek to withdraw from representation if the
defendant insisted on giving false testimony.
The defendant did not testify regarding the
gun and was convicted. He petitioned for
habeas corpus on grounds of ineffective
counsel.

The U.S. Supreme Court held that the
attorneys conduct was an acceptable
professional response to the threatened client
perjury, and that the defendants right to
effective counsel was not violated.

Nix v. Whiteside, 475 U.S. 157 (1986).

g. Public Attorneys and employees shall not take custody or possession of cash or
valuable of a client or any valuable which is the object/subject of settlement. Should
there be fees to be paid, the client shall be advised to make the payment directly to the
cashier of the appropriate court or quasi-judicial body.

Improper Acceptance of Money, Philippine Case Study

A client sought the assistance of a Public Attorney in filing civil and criminal actions, but she did not meet the indigency
requirements for PAO services. The Public Attorney referred her to a private attorney, who declined to take the case
because the client could not pay the requested fees. The client asked the Public Attorney to hold her money for safekeeping
until she could come up with the rest of the money needed to pay the private attorney.

Two years later, the Public Attorney resigned from PAO and agreed to file the clients case. The attorney then lost contact
with the client and kept the money without ever filing the case.

The Supreme Court found that the attorneys acceptance of money from the client created an attorney-client relationship
between the two. The attorney violated the prohibition against government attorneys accepting private cases and receiving
money from clients. The Court also noted that the attorney violated the lawyers oath not to do any falsehood by telling the
client he had filed the case when he had not. The attorney was also found to have violated Rule 1.01 and Canon 18, Rule
18.01 of the Code of Professional Responsibility. He was disbarred and ordered to return the clients money with interest.

Ramos v. Imbang, A. C. No. 6788, August 23, 2007, 530 SCRA 759.

Improper Acceptance of Money, Philippine Example

A client sought the assistance of a senior Public Attorney on behalf of her overseas brother, who wanted to obtain an
annulment. The Public Attorney did not clearly agree to take the case, but agreed to safeguard the significant expenses the
case would entail. The Public Attorney received several deposits to her bank account, totaling P93,000. No case was ever
filed, as the clients brother never returned to the Philippines to pursue the case. After five years, the Public Attorney
returned the money.

The Chief Public Attorneys resolution on the matter emphasized that the Public Attorneys receipt of the money was
improper, even if she later returned it, and even if she did not intend to violate the law. The resolution also noted that,
particularly as a senior government lawyer, the Public Attorney should have known to avoid any appearance of impropriety.
The Public Attorney was suspended for six months and one day without pay.

PAO Resolution re Attorney X, March 27, 2007.


h. Public Attorneys shall not coerce or pressure a client to plead guilty where it is not
warranted by the facts and circumstances surrounding the case.

i. Public Attorneys shall not appear in court where they are not assigned except upon
prior approval of the Chief Public Attorney, Regional Public Attorney or the District
Public Attorney.

j. Public Attorneys are strictly prohibited from soliciting or accepting gifts from any
person in connection with the performance of their official duties; or enter into any
transaction that would prejudice the interest of their clients or that of the Office.

Improper Acceptance of Money and Case Management, Philippine Example
When a client sought assistance for her son, a tenant in an eviction case, the District Public Attorney (DPA) requested
P10,000. He told the client the money would go to the court staff. He did not inquire into the clients indigency status, nor did
he record the case in the PAO log book. He then appeared in the case, even though it was not in his district. After
appearing, he failed to take the appropriate actions in the case, and the son was evicted from his home. The client filed a
complaint against DPA, and DPA was administratively charged with grave misconduct.

Following an investigation, DPA was found liable of grave misconduct on grounds that he violated the law with manifest
intent to do so. The Chief Public Attorneys order regarding his liability noted that this was not the first time the attorney was
found liable for misconduct. The attorney was dismissed from the service of PAO.

EXEC (LRD) No. 04.058, Apr. 23, 2007.

Harassment of Witness and Improper Relationship with Client, American Case Study

An attorney who was serving as pro bono counsel for a wife in a divorce proceeding began having a romantic relationship
with her. He hired her to do bookkeeping for him, and did work out of her house. The attorney then conducted burdensome
and legally irrelevant depositions of his client's husband and son that were designed to harass the husband.

The disciplinary office of the State of Colorado Supreme Court found that the attorney could not adequately represent the
wife, as his relationship with her caused him to lose the objectivity and independent judgment needed to serve as her
attorney. The office noted that the attorneys combative behavior toward the husband did not amount to zealous advocacy
on behalf of his client. The office held that the attorney violated the professional rules prohibiting conduct that has no
substantial purpose aside from harassment. The attorney was suspended from practice for a year.

People v. Beecher, 224 P.3d 442 (Colo.O.P.D.J , 2009).


k. Public Attorneys shall not directly or indirectly be interested, financially or materially,
in any property, right, privilege or transaction of the Offices clients.

l. Public Attorneys shall faithfully attend to their inquest duties and jail visitation as
directed.

m. Public Attorneys are prohibited from representing and assisting persons not qualified
for legal assistance subject to exceptions provided under PAO MC No. 18, Series of
2002 and Section 3 of RA 9406.

Improper Representation, Philippine Example No. 2

A landlord sought the assistance of a Public Attorney to eject her tenant. The landlord did not meet the indigency
requirements for PAO representation. Intending to help the parties resolve their dispute amicably, the attorney sent the
tenant settlement offers on behalf of the landlord.

The tenant filed a complaint with PAO regarding the attorney. In her order reprimanding the attorney, the Chief Public
Attorney noted that PAO policy prohibits Public Attorneys from representing landlords in ejectment and collection suits.
The attorneys letter-writing constituted representation, even if he did not enter a court appearance for the landlord. The
order also pointed out that PAO does provide mediation services, but requests for these services must be referred to the
District Public Attorney, and the party requesting the services must meet the PAOs indigency requirements.

EXEC (LRD) No. 01-008, J uly 23, 2002.


A litigant in an administrative board case sought the assistance of a Public Attorney. The litigant explained to the only
person available to help hera recently hired Public Attorneythat she was an unemployed widow whose only income
came from the rent of her property. The litigant did not have sufficient documentation to show that she met the indigency
requirements for PAO assistance. Relying only on the litigants statements, the attorney took on the case.

Not only did the attorney fail to verify the litigants income, he did not ascertain whether there would be a conflict
associated with the representation. It turned out that PAO was already representing another litigant in the case. The
attorney had to withdraw from representation.

The Chief Public Attorney found that the attorney had timely withdrawn from the representation. But the attorney was
admonished to be more circumspect in representing clients to avoid the appearance of impropriety.

EXEC(LRD) No. 01-073, Nov. 8. 2002.

n. Public Attorneys shall not unduly delay or cause the delay of the case and/or impede
the execution of judgment.

o. Public Attorneys and employees shall not engage in rumor mongering, sowing
intrigue and dissention against superiors or co-employees.

Improper Representation, Philippines Example No. 4

A Public Attorneys relative asked for assistance with a case. Since the relative was not indigent and not in the attorneys
district, the attorney requested permission from the Regional Public Attorney (RPA)to take the case. RPA did not act on the
request, despite the attorneys follow-up efforts. The attorney felt compelled to represent his relative, even without
authorization. Although he did not participate in the relatives court hearing, he signed a pleading as counsel for the relative.
He reasoned that RPA must not have objected to the representation, since the request was never clearly denied.

The Chief Public Attorneys order on the matter noted that the term appearance includes filing any pleading for a litigant, in
court or with an administrative body, and that the attorney had no basis for presuming permission to appear in the absence
of specific permission from RPA. For this and for other unauthorized appearances, the attorney was strongly reprimanded.

EXEC (LRD) No. 07-014, Dec. 17, 2007.


A complaint was filed against a Public Attorney for handling various cases outside the scope of PAOs services without
authorization. The attorney admitted to assisting with the cases, which included an adoption and several ejectment cases,
as well as providing notarial services for deeds of sale. Many of the requests for his services came from walk-in clients, and
the attorney, in his desire to assist the clients, had not required them to provide proof of their indigency. The attorney used
his own belief/standard in determining which clients qualified for PAO assistance.

An investigation found that the attorney had improperly represented landlords and non-indigent clients, in violation of PAO
policy. The investigation also found that the attorney notarized documents other than oaths and verifications of pleading,
outside the authority of a Public Attorney. Attempting to avoid the ramifications of the investigation, the attorney exercised
his option to retire early.

The Chief Public Attorneys order regarding the matter noted that PAO was established to level the playing field by providing
services to qualified indigents, and that allowing each lawyer to interpret PAO policies in his own way would open the
floodgates to abuse. The order suggested that if the attorney wanted the freedom to determine which cases to accept, he
should enter private practice. The attorney was fined one month of his salary, which was deducted from his retirement
benefits.

Admin. Case No. LC-09, Mar. 11 2002.

p. Public Attorneys and
employees shall at all times
during office hours be at their
respective designated areas of
work and shall not wander
around idling and/or chatting with
other persons on matters not
covered by their official duties
and responsibilities.

q. Public Attorneys and
employees shall not be absent
without filing an application for
leave in accordance with CSC
rules and regulations unless they
have suffered illnesses which
requires medical attention.

r. Public Attorneys and employees shall not engage in other analogous circumstances
in violation of existing laws, rules and regulations.

Section 7. Duties of Public Attorneys and Employees. In the performance of their
duties, all Public Attorneys and employees shall follow the provisions of the Citizens
Charter of the Office. In addition thereto, they are under obligation to observe the
following:

a. Act promptly on letters and requests, and comply with the fifteen (15) day working
period from receipt of such letter or request to respond to the same.

b. Submit performance reports. In the submission of the said reports, the following
periods shall be observed:
1. For Monthly Reports within the first three (3) days of the succeeding
month;
2. For Performance Evaluation Reports at the end of every semester,
within fifteen (15) days from the start of the succeeding semester; and
3. For Year- End Reports and Inventory of Cases within the first ten (10)
days of the succeeding year.

Unexcused Absence, Philippine Example

Without obtaining authorization, a PAO employee left the
office to finish her pregnancy and give birth in the United
States. When she returned to the Philippines three months
later, instead of reporting to work and completing the
appropriate forms, she submitted an affidavit attesting to the
reasons for her absence. The affidavit explained that there
were complications associated with the birth, and she had
experienced some health problems that prevented her from
returning directly to work. Three more months passed without
the employee returning to work or obtaining approval for her
leave. The Chief Public Attorney determined that the
employee violated the Civil Service Commission policies on
obtaining leave, as well as a PAO order requiring her to
report to work. Accordingly, the employee was dismissed
from the service of PAO.

EXEC (LRD) No. 02-207, Dec. 11, 2002.

c. Process documents and papers expeditiously.

d. Act immediately on the publics personal transactions. All Public Attorneys and
employees must attend to any qualified person who wants to avail of the services of the
Office and must act promptly and expeditiously.

e. Make documents accessible to the public. All public documents must be made
accessible to, and readily available to the public, within reasonable working hours,
except those covered by the confidentiality and privileged communication rules.

Improper Handling of Complaints, Philippine Example
A complaint against a Public Attorney was addressed to a Regional Public Attorney (RPA). RPA resigned without taking
action on the complaint, and the Public Attorney who was the subject of the complaint became the new RPA. The former
RPA told a PAO administrative officer that she should forward the complaint to the Office of the Ombudsman. The
Ombudsman, after receiving the complaint, forwarded it to the Chief Public Attorney.

An investigation was launched as to why the complaint had not been properly and timely handled. The Chief Public Attorney
determined that the complaint should have been forwarded to her rather than to someone outside the agency, as the Chief
Public Attorney has the primary responsibility for supervising PAO employees. The administrative officer was strongly
admonished for not using the proper procedure to handle complaints.

EXEC (LRD) No. 07-103, Feb. 18, 2008.

Failure to Fulfill Administrative Duties, Philippine Example

The Regional Public Attorney asked an employee to prepare the year-end report of pending cases, but the employee failed
to do so. The employee explained that she did not know how to use the program required to produce the reports, that she
could not find the information she needed in the computer, and that she could not read the handwriting in the logbook. She
also claimed to be unaware of the deadline for the report.

The employee was administratively charged with simple neglect of her duties. The Chief Public Attorneys order regarding
the matter noted that the employee was aware of her duties from the start, and should have familiarized herself with the
program used for the year-end report. The employees other excuses were determined to have no basis.

To avoid being suspended, the employee decided to retire. A fine was deducted from her terminal leave pay.

EXEC (LRD) No. 06-023, Apr. 23, 2007.

f. Faithfully attend jail
visitations and inquest
duties.

g. Secure permission or
OB slips before leaving the
office during office hours.

h. Observe, follow and
uphold all laws, rules and
regulations.

i. Observe, follow and
uphold all office issuances,
including but not limited to
the PAO Operations
Manual.

Section 8. Duties of Public Attorneys. Subject to existing rules and regulations,
Public Attorneys shall assist or represent free of charge, indigent persons and other
qualified clients in all civil, criminal, administrative and quasi-judicial cases. In addition
thereto, Public Attorneys shall:

a. Endeavor to maintain
relationships with the legal
profession and other agencies
in the criminal justice system
based on courteousness,
mutual respect and
professionalism.

b. Maintain and respect the
fiduciary relationship which
exists between lawyer and
client. All Public Attorneys
shall not misuse their position
or information acquired in the
course of their duties to further
their interest or that of others.

Failure to Communicate and/or File Appeal a
Criminal Case, American Case Study

A defendant was convicted by a State of Kentucky court and sentenced to
life in prison. His attorney decided that an appeal would be frivolous and
told the defendants sister that he was not going to file one. The attorney
did not inform the defendant of the time frame for filing an appeal, and the
time expired. The defendant petitioned for habeas corpus.

The U.S. Sixth Circuit Court of Appeals held that there was a
constitutional right to counsel in appealing a criminal conviction. The court
noted that if an attorney believes that an appeal is unwarranted, the
attorney has the duty to inform the client in a timely manner so that the
client can consult another attorney or call the matter to the attention of the
court. The duty to promptly communicate with the client is particularly
compelling when the client is incarcerated. The court allowed the
defendant to appeal the decision to the appropriate state court in
Kentucky.

Boyd v. Cowan, 519 F.2d 182 (6th Cir. 1975).

Improper/Illegal Assistance,
Philippine Case Study No. 1

Policemen who were detained after being accused of murder
escaped from jail and were tried in absentia. The attorney
representing them was aware of their status as fugitives, but
apparently made no effort to counsel them to surrender. The
attorney stayed in contact with the accused and procured their
signatures on court documents.

The Supreme Court noted that attorneys are prohibited from
counseling or abetting activities aimed at defiance of the law, and
that the attorney appeared to be aiding the accused avoid capture.
The attorney was ordered to show cause as to why no disciplinary
action should be taken against him for violation of Rule 1.02,
Canon 1 of the Code of Professional Responsibility.

People v. Landicho, G.R. No. 116600, J uly 3, 1996.


c. All Public Attorneys shall not refuse to advise, assist or represent a client because of
the nature of the allegation of the client or because of the Public Attorneys personal
views.

Bias, Inadequate Representation, Philippine Case Study

During the first day of trial for a rape case, the Public Attorney representing the accused asked the trial court for
permission to withdraw on grounds that she was a lady lawyer and thus could not give justice to the accused. The
court appointed a male counsel who was not prepared to adequately represent the defendant. The new counsel moved
for a continuance of the case but the court did not grant it, and counsel failed to appear at the next proceeding. The
court appointed a third lawyer, who abandoned the case when it appeared that the second lawyer was going to
reassume his duties.

The Supreme Court found that the defendant had been denied the right to a fair trial, as he did not have adequate
counsel at each proceeding. The Court noted that the right to counsel is more than just having an attorney in the
courtroom, propounding standard questions and objections. Rather, the attorney must be committed to the defendants
cause and act accordingly.

The Court remanded the case for a new trial and admonished the three defense attorneys for their lack of responsibility
as officers of the court and members of the Bar.

People v. Bermas, G.R. No. 120420, April 21, 1999.

Improper/Illegal Assistance, Philippine Case Study No. 2

An attorney represented foreign defendants whose passports had been seized by public officials. The public officials
offered to return the passports in exchange for a bribe. The attorney took a sum of money from his clients and, after
setting aside some of the money for himself, gave the rest to one of the public officials in exchange for the passports.
The attorney claimed that the money he took for himself was his attorneys fee.

A corruption case was later brought against the attorney and the public officials involved. The Supreme Court found
that the attorney should have declined to participate in the bribe and reported the matter to the appropriate authorities
in a manner that would not have violated the attorney-client privilege. The Court determined that the attorney had
participated in a conspiracy and suppressed the evidence.

Acejas and Hernandez v. People, G.R. Nos. 156643 and 156891, J une 27, 2006.
d. Appear for trial adequately
prepared on the law and facts
of their cases, the evidence
they will adduce, and the order
of its preference. They should
also be ready with the original
documents for comparison
with duplicate or photocopies
thereof.

e. Observe strictly the rule on
forum shopping.

f. To file pleadings, memo-
randa or briefs on time.

g. Perform such other duties
and responsibilities as may be
assigned by their immediate
superiors or as the
circumstances may warrant in
the interest of justice.

Section 9. Punctuality and attendance. All Public Attorneys and employees shall be
punctual in reporting to office. They shall faithfully observe the regular eight working
hours as well as hours prescribed for inquest duties and custodial investigation
assistance. Infractions of the same shall be administratively sanctioned in accordance
with the CSC Resolutions stated hereunder:

a. CSC Resolution 10-1357. Policy on undertime
1. Any officer or employee who incurs undertime regardless of the number of
minutes/hours, ten (10) times a month for at least two months in a semester
shall be liable for simple misconduct and/or conduct prejudicial to the best
interest of the service, as the case may be; and,
2. Any officer or employee who incurs undertime, regardless of the number of
minutes/hours, ten (10) times a month for at least two consecutive months
during the year shall be liable for simple misconduct and/or conduct
prejudicial to the best interest of the service, as the case may be.

Inadequate Representation Due to Case
Overload, American Case Study

An indigent defendant represented by a court-assigned attorney was
on trial for various charges. Due to his large case load, the attorney
spent little time preparing for the case, and the defendant was
convicted of the charges.

The defendant appealed on grounds that he was inadequately
represented. One of his arguments concerned the inadequacy of the
system used by the local government to assign attorneys to indigent
clients. The State of Arizona Supreme Court agreed with this
argument, finding that the system did not take into account the time
the attorney was expected to spend in representing each indigent
client. The system so overworked attorneys that it violated defendants
rights to counsel and due process, as guaranteed by the Arizona and
United States Constitutions. The system also resulted in violations of
Arizona professional responsibility rules prohibiting attorneys from
accepting employment that cannot adequately be performed.

State v. Smith, 681 P.2d 1374 (Ariz.1984).

b. CSC Resolution no. 10-
1358. Policy on half-day
absence

1. Any officer or employee
who is absent in the
morning is considered to
be tardy and is subject to
the provisions on habitual
tardiness; and,

2. Any officer or employee
who is absent in the
afternoon is considered to
have incurred undertime,
subject to the provisions
on undertime.

Section 10. Sanctions. Any violation of the provisions of this Code shall be dealt with
in accordance with the applicable laws, jurisprudence and Civil Service Rules and
Regulations.

Unapproved Travel, Philippine Example

A Public Attorney applied for Forced and Special Leave to visit her mother. Just after submitting her application, she was
invited by her elderly father-in-law to take a family vacation to Hong Kong during the time of her planned leave. She
knew that she was supposed to apply for permission to travel abroad from the Chief Public Attorney, but she did not
have time to apply for and obtain permission before the trip. Not wanting to disappoint her family and thinking that she
might never have this opportunity again, she decided to go with her family to Hong Kong.

When PAO learned of the unapproved travel, the Public Attorney apologized and offered assurances that it would not
happen again. The attorney was admonished for violating office policy.

EXEC (LRD) No. 7-49, Aug. 6, 2007.

Habitual Tardiness, Philippine Example

A Public Attorney was administratively charged with habitual tardiness
for arriving late to work 25 times in two months. The attorney
apologized for his tardiness and explained that he and his wife had to
go in different directions to work each morning, and it was his
responsibility to bring his children to school. He saidand his
supervisor confirmedthat even though he arrived at work late, he
managed to get all of his work done.

The Chief Public Attorneys order reprimanding the attorney noted that
all employees must grapple with domestic obligations, traffic, etc., and
that these are not excuses for habitual tardiness. The order
emphasized the attorneys obligations to the public as a public servant,
and suggested that he work additional hours if needed to get his work
done.

EXEC (LRD) No. 07-027, Nov. 9, 2007; see also EXEC (LRD) No.03-
042, Oct. 14, 2003.

Section 11.
Amendment.

The provisions of
this Code may be
amended or modi-
fied as may be
deemed necessary
and to conform to
the prevailing laws,
rules, regulations
and conditions in
the service.

Section 12. Employees Undertaking. Each Public Attorney and employee shall be
furnished a copy of this Code. Furthermore, each of the said employees shall sign a
confirmation receipt indicating the date on which he received a copy of this Code of
Conduct. Each of them shall acknowledge that he has read the provisions of this Code,
undertake to abide by it at all times and keep abreast of any amendments to the same.

Section 13.
Repealing Clause.

The Code of
Conduct shall be
suppletory in char-
acter to the Public
Attorneys Office
(PAO) Operations
Manual. All other
issuances incon-
sistent hereto are
likewise repealed,
amended or modi-
fied accordingly.

Failure to Allowa Client to Testify, American Case Study

A defendant and his attorney agreed that it would be better for the defendants
case if the defendant refrained from testifying during trial. The defendant
changed his mind during the trial and sought to testify, but the attorney would not
let him.

After being convicted, the defendant appealed, arguing that his attorneys refusal
to let him testify amounted to ineffective counsel. The U.S. Fifth Circuit Court of
Appeals found that it was defective performance for the attorney to deny the
defendant his right to testify, although under the circumstances the error was not
so serious as to deprive the defendant of a fair trial.

U.S. v. Mullins, 315 F.3d 449, (5th Cir. 2002).
Proper Duties of a Public Attorney, Philippine Example

A litigant in a civil case sought the assistance of a Public Attorney. The attorney
declined to assist her, on grounds that her family members/co-litigants were
already represented by de parte counsel. Further, the attorney had previously
notarized a deed of sale (relevant to the case) for the opposing litigants. The
litigant filed a complaint with PAO against the attorney.

In her order addressing the complaint, the Chief Public Attorney noted that the
attorney properly declined to assist the litigant, since Memorandum Circular No.
18 precluded representation of parties represented by de parte counsel. As for
the deed of sale, the order noted that the notarial services of Public Attorneys
are limited to the administration of oath and verification of pleadings for the
purpose of providing legal services to the indigent. The attorneys notarization of
a commercial document was beyond his authority.

EXEC (LRD) No. 01-077, J uly 9, 2002.

Sect ion 14. Effectivity. - This Code shall take effect fifteen (15) days after its
oublicati on in a newspaper of general circulation.
Signed in Cebu City for Manila, Metro Manila on the 27th of August 2010.
~ ~
PERSIDA V. RUEDA-ACOSTA
Chief Publ ic Attorney

(PAO) OPERATIONS MANUAL

Republika ng Pilipinas
Kagawaran ng Katarungan
Tanggapanng Manananggol Pambayan
Telephone Nos. 9299010/9299436; Fax Nos. 9276610

Office Order No. 137
Series of 2010

PUBLIC ATTORNEYS OFFICE (PAO) OPERATIONS

MANUAL
ARTICLE I
PURPOSE

Section 1. Purpose. This Manual sets forth, defines and consolidates the policies, rules and
procedures to be observed by PAO lawyers and employees in the handling, recording and
reporting of cases and in rendering other forms of legal services to indigents and other persons
qualified for free legal assistance.

ARTICLE II
CLIENTELE

Section 1. Persons Qualified for Legal Assistance. Pursuant to Book IV, Title III, Chapter 5,
Section 14 of the Administrative Code of 1987, as amended by Republic Act 9406, in relation
to Presidential Decree No. 1 and Republic Act No. 6035, the Public Attorneys Office is
mandated to represent, free of charge, indigents, and other persons qualified for legal
assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after
due evaluation, it is determined that the interest of justice will be served thereby. Accordingly,
the PAO shall extend legal assistance to qualified persons whose case is meritorious.

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.

Section 2. Merit Test.. 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
society. In such cases, the Public Attorney should agree to represent the party concerned. A
contrario, 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 case.

However, if the indigent client is the defendant or respondent in a civil or administrative case
already filed in any court or quasi-judicial agency, notwithstanding the determination as to the
merit of the case, the Public Attorney shall still represent or extend legal assistance to the
client, in order to protect his rights.

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 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.

Section 3. 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 shall be considered indigent persons:

1. If residing in Metro Manila, whose net income does not exceed P14,000.00 a
month;

2. If residing in other cities, whose net income does not exceed P13,000.00 a month;
and

3. If residing in all other places, whose net income does not exceed P12,000.00 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. (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.

Section 4. Cases Which May be Provisionally Accepted. Public Attorneys may accept or handle
cases provisionally, pending verification of the applicants indigency and 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.

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 Public Attorney 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 indigent, the lawyer should request the
court to relieve him/her by filing a Motion for Withdrawal of Appearance from the
case.

6. Where the Public Attorney 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. Non-indigent
women and their children may seek PAOs assistance.

8. In cases involving Children In Conflict with the Law (CICLs), where there is an
immediate need of counsel.

9. In cases involving credit card holder/s considered as delinquent by the credit card
company, and immediate action is necessary.

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 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.
(emphasis supplied)

11. Other similar urgent cases.

Section 5. Persons/Entities Qualified for Legal Assistance Pursuant to Memoranda of
Agreement, Department of Justice Directives and special laws, as follows:

1. Department of Agrarian Reform lawyers, against whom criminal and/or administrative
complaints have been filed for acts committed in connection with the performance of
their official duties (Directive of the Minister of Justice).

2. Farmers-beneficiaries of the Agrarian Reform Law

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

(b) in cases against farmer 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 (2
nd
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 Philippine Overseas Employment Administration (Memorandum of
Agreement between PAO and DOLE, POEA, NLRC, OWWA and some NGOs, dated April
2, 1993).

6. Barangay Health Workers (Section 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 in 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 conflict of interest, or when a member does not
qualify under the PAOs Indigency Test, in which case, provisional assistance shall be
afforded to him/her (Memorandum of Agreement between the ALSWDOPI and the
Public Attorneys Office, dated August 27, 2009).

9. Qualified Print and Broadcast Media Practitioners, as well as their staff and crew, who
are harassed with 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
Attorneys Office, dated July 15, 2008).

11. Complaints of Filipinos against foreigners for violation/s of immigration, alien
registration and other local laws; respondent foreigners in deportation cases; Bureau of
Immigration clients in connection with the notarization of applications; and such other
legal services that may be assigned by the Commissioner (Memorandum of Agreement
between the Bureau of Immigration and the Public Attorneys Office, dated February 4,
2009).

12. Members of the Press Photographers of the Philippines (PPP) under investigation for a
complaint, or on trial, including 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 Attorneys Office, dated May 25,
2009).

13. Officials of the Philippine National Police holding the ranks of Police Officer I (PO1) 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).

14. Torture victims pursuant to the Anti-Torture Law of 2009 (RA 9745). [Note: Public
Attorneys Office has the authority to conduct an independent investigation in cases
involving torture per RA 9745.]

Section 6. Other Persons Qualified for Assistance.

a. Immediate members of the family, and relatives within the 4
th
civil degree of
consanguinity or affinity of a Public Attorney, may avail of his/her services
regardless of qualification under the indigency test, subject to the approval of the
Chief Public Attorney, upon the recommendation of the Regional Public Attorney or
Service Head, as the case may be. The lawyer concerned shall submit an Affidavit of
Kinship, file a leave of absence during hearings, and submit a monthly status report
on the case (Sec. 26(a) of the Implementing Rules and Regulations of RA 9406).

b. Public Attorneys and PAO employees may also avail of the services of the Public
Attorneys Office in criminal cases, provided, that the Office is not the adverse
party. (Sec. 26(b) of the Implementing Rules and Regulations of RA 9406).

Section 7. Persons Not Qualified for Legal Assistance. Public Attorneys and employees are
prohibited from assisting the following:

1. Juridical person/s and private/stock corporation/s; except juridical entities which
are non-stock, non-profit organizations, whose individual members will pass the
indigency test of the office. In cases involving land disputes, the PAO can represent
said juridical person/s provided they are not the lessor/s thereof.

2. 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 or in
pursuant to Sec. 2, paragraph 2 hereof.
3. Parties represented by de parte counsels.

4. Landlords or lessors of residential lands and/or buildings, with respect to the filing
of collection or unlawful detainer suits against their tenants or lessees; and

5. Political candidates and parties in all election cases.

Section 8. Cases Not To Be Handled. Public Attorneys shall not extend legal assistance in the
following cases:

a. Where they would be representing conflicting interests;
b. Prosecution of criminal cases except in the following instances where there
exists no conflict of interest and the accused being not a client of the Public
Attorneys Office in the subject case, to wit:
1. When the Public Attorneys Office assisted the offended party/
complainant during the preliminary investigation stage in the
Prosecutors Office, Municipal Trial Courts, or Municipal Circuit Trial
Courts, on first-come-first-served basis and the case is on appeal or
certiorari before the courts; and
2. When there is a directive from the Secretary of Justice or other
government authorities to assist the Prosecutor(s) assigned to prosecute
the criminal case in court;
c. Adoption cases, except in instances where the adopter is the biological
parent or the step-parent of the adoptee, subject to the indigency test;
d. Cases involving violation of Batas Pambansa No. 22 (B.P. 22), otherwise
known as the Anti-Bouncing Checks Law, unless the Public Attorney is
appointed by the court as counsel de officio under existing laws, rules and
regulations.
1

ARTICLE III
HANDLING OF CRIMINAL CASES PURSUANT TO THE PROVISIONS OF THE SPEEDY TRIAL
ACT AND ITS IMPLEMENTING RULES

Section 1.Cases Covered by the Rules on Summary Procedures. Upon learning of the filing of
an Information against a client, the Public Attorney shall:

A. Motion to Quash/Dismiss. File a motion to quash/dismiss the information against the
accused within the ten-day (10) period for filing the counter-affidavit where appropriate and
only on any of the following two (2) grounds:

a. lack of jurisdiction over the subject matter;
b. non-referral to the Barangay Conciliation process

B. Counter-Affidavit. File the requisite counter-affidavit of the accused and the affidavit/s of
his/her witnesses, as well as documentary evidence in support thereof, if any, where none of
the above grounds for Motion to Quash/Dismiss is present, within ten (10) days from the time
that the accused received a copy of the subpoena/summons.

1
The language in Section 8 was revised by Office Order No. 124, Series of 2011.

Section 2. Cases Under Regular Procedure. When a walk-in-client/ or a detained person avails
of the services of the Office, or a Public Attorney is appointed counsel de oficio for the accused,
the Public Attorney shall:

A. Immediately secure a copy of the information and affidavit of the complainant and his/her
witnesses and other documentary evidence against the accused;

B. Interview the accused focusing on:

1. the legality of the arrest, the nature of the charge and his/her rights under
existing laws including his/her right to demand trial;
2. his/her theory of defense, his/her witnesses, and his/her documentary
evidence, if any;
3. the plea of the accused, or the possibility of plea bargaining.

C. Move for a preliminary investigation/reinvestigation within five (5) days from learning of
the filing of the information,
2

if beneficial to the accused and if he/she is entitled thereto. In
case of an adverse resolution, the Public Attorney may file a Motion for Reconsideration or
appeal the same to the Regional State Prosecutors Office/Secretary of Justice;
D. Determine the existence of a ground for a Motion to Quash or Dismiss, and where
applicable, the Public Attorney shall file the same prior to arraignment,
3

except when to do so
would not work to the advantage of the accused.
Section 3. Duties Where Accused is Detained. If the Public Attorney knows that a person
charged of a crime is detained, either because he/she is charged of a bailable crime but has no
means to post bail, or is charged of a nonbailable crime, or is serving a term of imprisonment
in any penal institution, the Public Attorney shall:

a. File a Motion manifesting that the detainee/prisoner demands arraignment/trial and,
for this purpose, that the custodian of the detainee/prisoner be ordered to bring the
detainee/prisoner to the court, from time to time as ordered;

b. Upon receipt of notice from the custodian that he/she has in his/her custody a
detainee/prisoner who demands trial, the public attorney shall file a Motion that said
detainee/prisoner be brought to the court for arraignment/trial.

Section 4. Duties on Arraignment. The Public Attorney shall:

A. Ascertain the schedule for the arraignment of the accused. Should there be none, he/she
shall immediately file a Motion to Set Case for Arraignment of the accused:

2
Section 7, Rule 112, Rules of Court.When accused lawfully arrested without warrant. x xx. After the
filing of the complaint or information in court without a preliminary investigation, theaccused may within five
(5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule.
3
Section 1, Rule 117, Rules of Court. Time to move to quash. At any time before entering his plea, the
accused may move to quash the complaint or information.

1. Within thirty (30) days from the time the court acquired jurisdiction over the person
of the accused;

2. Within ten (10) days from the date of the raffle
4

or from receipt of the information
when the accused is a detention prisoner.
B. Immediately after arraignment, move either in open court or in writing that pre-trial be
scheduled:

1. Within thirty (30) days from the time the court acquires jurisdiction over the person
of the accused,
5

who is out on bail; or
2. Within ten (10) days after arraignment
6

when the accused is a detention prisoner.

Section 5. Duties on Pre-trial. During Pre-trial, the Public Attorney shall:

A. Ensure that the agreements or admissions made or entered into during the preliminary
and/or pre-trial conference are faithfully and accurately reflected in the written form before
signing the transcription, to the end that the accused shall be bound only by the admission/s
made by him/her, and by the agreement/s that he/she actually entered into.
7

B. To expedite the proceedings and if favorable to the accused, the Public Attorney may
prepare judicial affidavits, subject to additional direct examination, in case of clear necessity
and in the interest of speedy disposition of the case.

C. Determine if the Pre-trial Order is an accurate reflection of the actions taken, the facts
stipulated and the pieces of evidence marked. Should there be errors or inaccuracies, move for
the same to be rectified, prior to the agreed/scheduled initial presentation of evidence.
8

D. Thereafter, move for the setting of the case for trial to commence, with at least fifteen (15)
days to prepare for trial, but to make sure that the initial presentation of evidence be set within
thirty (30) days from receipt of the Pre-trial order.
9
4
Section 1(e), Rule 116, Rules of Court.When the accused is under preventive detention x xx. The accused
shall be arraigned within ten (10) days from the date of the raffle. The pre-trial conference of his case shall be
held within ten (10) days from arraignment.

5
Section 1, Rule 118, Rules of Court.Pre-trial; mandatory in criminal cases. In all criminal cases x xx,
the court shall, after arraignment and within thirty (30) days from the date the court acquires jurisdiction over
the person of the accused, unless a shorter period is provided for x xx.
6
Rule 116, Section 1(e). Ibid.
7
R.A. 8493, Section 3. Pre-trial Agreement. All agreements or admissions made or entered into during
the pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise the same
shall not be used in evidence against the accused. x xx.
8
Section 5, RA 8493.Pre-Trial Order After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the
trial to matters not disposed of and control the course of action during the trial, unless modified by the court to
prevent manifest injustice.
9
Section 6, S.C. Circular. No. 38-98. Pre-Trial Order. x xx. Thereafter, where a plea of not guilty is
entered, the accused shall have at least fifteen (15) days to prepare for trial which shall commence within thirty
(30) days from receipt of the pre-trial order. appearing at or being returned for trial.
(c) Any period of delay resulting from the fact that the accused is mentally incompetent or physically unable to
stand trial.
E. In the event that the pre-trial has already been scheduled and the complainant fails to
appear despite due notice, move for the termination of the pre-trial and the setting of the case
for trial.

Section 6. Time Limit for Trial. When the case is set for trial by the Court, the Public Attorney
shall take note and see to it that the case is set for continuous trial on a weekly or other short-
term trial calendar at the earliest possible time, EXCEPT for cases falling under the rules on
summary procedure.

The entire trial period shall not exceed one hundred eighty (180) days from the first day of
trial EXCEPT when the trial court is authorized in writing by the Chief Justice or by the Court
Administrator.

Section 7. When the Accused Enters a Plea of Not Guilty. If the accused enters a plea of not
guilty, the Public Attorney has at least fifteen (15) days to prepare for trial, which shall
commence within thirty (30) days from receipt of the pre-trial order.

Section 8. Exclusions. The Public Attorney shall take note of the period set forth in R. A. 8493
for the Speedy Trial and/or Resolution of cases, and shall see to it that only the allowable
periods of delay as provided in Section 10 thereof be excluded from computing the time within
which trial must commence.
10
10
RA 8493, Section 10. Exclusions. The following periods of delay shall be excluded in computing the
time within which trial must commence:

(a) Any period of delay resulting from other proceedings concerning the accused,
including but not limited to the following:
(1) delay resulting from an examination of the accused, and hearing on his/her mental
competency, or physical incapacity;
(2) delay resulting from trials with respect to charges against the accused;
(3) delay resulting from interlocutory appeals;
(4) delay resulting from hearings on pre-trial motions: Provided, that the delay does notexceed thirty
(30) days;
(5) delay resulting from orders of inhibition, or proceedings relating to change of venue ofcases or
transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial question; and
(7) delay reasonably attributable to any period, not to exceed thirty (30) days, duringwhich any
proceeding concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of the accused or an essential witness.
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
(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
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.
11

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 7
12
of R.A. 8493 as
extended by Section 9
13

thereof, the Public Attorney shall move to dismiss the
charge/information on the ground of the denial of his/her right to speedy trial. 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

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.
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.
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 trial within thirty (30) days impractical.
12
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
theinformation, or from the date the accused has appeared before the justice, judge or court in which thecharge is
pending, whichever date last occurs. Thereafter, where a plea of not guilty is entered, the accusedshall have at
least fifteen (15) days to prepare for trial. Trial shall commence within thirty (30) days fromarraignment as fixed
by the court. x xx
13
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
period, the time limit with respect to the period from arraignment to trial shall be eighty (80) days.
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 xx, 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 INCONFLICT 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, prosecutors 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.

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 childs 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.

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 Prosecutors
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 prosecutors
office, the Public Attorney shall, with the consent of the CICLs 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, 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; and

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 kinds 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 Attorneys 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 Attorneys 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; and

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.

e) In the event a criminal Information is filed in court against the accused, as a result of PAOs
assistance to the complainant at the prosecutors Office, the active prosecution of the criminal
case in court shall immediately be turned over to the public prosecutor.

4.2. 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. 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 Sheet and such other documents in
connection 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; and
c) Legal representation in judicial, quasi-judicial and other 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;
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) Where the holder is insolvent, said fact and its legal effects shall be raised in the
reply.

3.1.2. 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 attorneys 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 Prosecutors Office/Information Filed in Court. When a
complaint is filed before the Prosecutors 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 : Month : Number
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 clients 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 clients income or resources improve, and he no longer qualifies for continued
assistance;

3. When adequate proof is subsequently submitted, showing that the clients 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 clients 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 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 courts
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 latters 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 Court. Where there are extraordinary and very important
reasons for filing it with the Court of Appeals, the case shall be endorsed to the SAC Service.

Where an appeal is to be interposed, it must be perfected within forty-eight (48) hours from
notice of the judgment. The records of the case must be transmitted to the SAC Service
immediately upon the filing of the notice of appeal.

Section 7. Appeals by the Adverse Party. Where the adverse party appeals, the records of the
case shall be forwarded to the SAC Service immediately upon knowledge of the perfection of
the appeal, or filing of the petition or appeal memorandum by the adverse party.

Section 8. SAC Service Responsibilities. While the initial evaluation of the merit and propriety
of an appeal are made at the District Office level, it is the SAC Service which shall finally
decide if the appeal is justified, and whether the theory adopted, issues raised and mode of
appeal availed of, by the trial lawyer are proper.

If the SAC Service finds no merit in the appeal, or believes the course of action adopted is not
proper, and can no longer be remedied, the corresponding recommendation to consider the
case as terminated, shall be submitted to the Chief Public Attorney for his/her approval.

The SAC Service shall only enter its appearance once it receives the complete records of the
case. Such appearance in substitution of the trial lawyer, will relieve the latter of
responsibilities attendant to the case.

It is the duty of the SAC Service to furnish the field lawyer or his District Head, with a copy of
the decision the moment it receives the same from the Appellate Court.

Section 9. Monitoring of Compliance with Guidelines. The SAC Service shall closely monitor
compliance by field lawyers with this Article (Article VIII). Whenever necessary, their
attention shall be called regarding requirements that have not been met, or of any violations
that may have been committed. It shall apprise the Regional Public Attorney and the Chief
Public Attorney, of such violations or shortcomings.

Section 10. Miscellaneous Provisions. PAO lawyers must not file a Notice of Appeal for an
accused who jumped bail, escaped or who is a fugitive from justice, unless he surrendered or
posted bail pending appeal. Proof of such surrender or posting of bail shall be attached to the
records transmitted to the SAC Service. (People vs. Maria Luna Gonzales, CA-G.R. CR. NO.
08821, September 6, 1990, citing People vs. Patajo, 57718, November 20, 1988, en banc.
Minute Resolution).

ARTICLE X
NON-JUDICIAL SERVICES

Section 1. Coverage. The following are classified as Non-Judicial Services:

1. Instant Services:

a. Legal counseling and documentation;
b. Administering oaths; and
b. Mediation and conciliation of disputes.

2. Outreach Activities:

a. Assistance to persons undergoing police interrogation or persons under
detention and inquest proceedings;
b. Jail visitations; and
c. Barangay outreach programs.

Section 2. Counseling. Requests for legal advice or counseling by phone or in person should be
acted upon immediately, unless the problem presented requires further study and research, in
which case the clients should be advised to call back or return within 5 working days by which
time, the lawyer on the case should be ready with his advice or opinion. Requests for advice or
opinion shall not be subjected to the merit test, but care should be taken that affluent persons
do not avail of PAO services.

Section 3. Documentation. Requests for the preparation of affidavits, notices, and other
documents must be attended to immediately.

Included in this service is administering oaths pursuant to Republic Act 9406. Requests for
documentation services shall not be subjected to the merit test, and neither shall it be necessary
to accomplish the Interview Sheet. Again, care should be taken that documentation services are
availed of only by indigents. Hence, requests for the preparation of deeds of sale of real
properties and other commercial documents shall be denied.

Section 4. Mediation, Arbitration and Conciliation. Requests for legal assistance in justiciable
civil matters, shall first be evaluated by the District Public Attorney/Officer-in-Charge for the
purpose of determining whether the issues could possibly be resolved through mediation or
conciliation. In the affirmative, the case shall be assigned to a lawyer of the District, who shall
immediately schedule the same for mediation conference, notifying both parties thereof.
Conferences shall be within 3 months from acceptance of the case.
4.1 Public Attorneys conducting mediation or conciliation conferences, shall always
maintain strict neutrality. They shall encourage the parties to come to an agreement. If
a settlement is reached, the lawyer shall prepare a compromise agreement for the
signature of the parties. If no agreement is arrived at, the lawyer shall determine
whether or not a case should be filed on behalf of the applicant, and submit his/her
recommendation to the District Head, who shall decide the matter. If a decision to file a
case is reached, the matter shall be transferred to the Judicial Cases record of the
District.

4.2 Requests for assistance under this category are subject to the merit and indigency
tests, hence, the Interview Sheet must be accomplished.

Section 5. Authority to Administer Oaths. Public Attorneys shall have the general authority to
administer oaths in connection with the performance of their official duty free of charge.

5.1. In administering oaths, the Public Attorney shall use the following format:

NAME OF PAO LAWYER
POSITION/DESIGNATION
(Pursuant to R.A. No. 9406)

5.2. Recording of Oaths Administered. Every Public Attorney shall maintain a
separate record book as register of all the oaths administered, indicating the date
thereof, brief description of the document, name of the swearing party, and
witnesses, if any.

5.3. Reportorial Requirement. Every Public Attorney, exercising the authority to
administer oath, shall submit a monthly report of the oaths administered, to the
Field Operations and Statistic Service.

Section 6. Outreach Activities. The main thrust of the legal aid delivery program of the PAO is
to enable the marginalized sector of society to have access to counsel when needed. In
carrying out this mission, Public Attorneys shall reach out beyond the confines of their offices,
and make access to counsel visible to those who need our legal service. Regional and District
Heads, should institutionalize in their respective Regions and Districts, a dynamic inquest
program and regular jail visitations.
6.1. Custodial Interrogation and Inquest Investigation. District Heads shall ensure that a Public
Attorney is available to assist arrested persons during custodial interrogations and inquest
investigations. For these purposes, they shall coordinate with Precinct Commanders, other
police authorities and Prosecutors in their respective Districts.

a. Public Attorneys shall see to it that the persons assisted are informed of their
constitutional rights, before the start of the custodial interrogation, and shall be present at all
stages thereof. Should the client agree to execute a statement, he/she shall be apprised of the
consequences thereof, and informed that he/she is under no compulsion to sign the same.

b. The inquest lawyer shall see to it that due process is accorded the arrested person
during an inquest investigation. When proper, he/she shall assist the client in effecting a
compromise with the complainant to avoid court litigation. He/she shall move for the
dropping of the case, if warranted by the evidence, or the submission of the case to the
Prosecutors Office for preliminary investigation.

6.2. Jail Visitation Activities. Every Regional Public Attorney, Provincial, City and Municipal
District Attorney, shall see to it that jails within his/her Region, Province, City or Municipality,
are visited at least twice a month for the purpose of determining:

a. Those detained without legal counsel; and

b. Those in custody beyond the period equal to, or more than the maximum/minimum
imposable penalty for the offense charged.

Those who have been detained for a period equal to, or more than the maximum imposable
penalty for the offense charged, or for a period equal to, or more than the minimum of the
imposable principal penalty, should be informed, that through a proper motion, they could be
released pending trial or appeal, or that they could be released on a reduced bail, or on their
own recognizance, as the case may be (Article 29, Revised Penal Code). The discovery of such
a situation, should be relayed to the counsel de parte of the detention prisoner, if he/she is so
represented, otherwise, the PAO resident lawyer should be informed of this fact for immediate
action, to effect the release of the detained prisoner.

6.3. Barangay legal information dissemination and outreach program.

ARTICLE XI
RECORDING AND REPORTING OF CASES AND SERVICES

Section 1. Recording. All requests for legal assistance shall have to be recorded, as follows:

a. The Interview Sheet shall be filled-up by the Interviewer, and signed
by the client. The accomplished Interview Sheet shall be attached to the
case folder;

b. The control number assigned to the case shall appear in all the forms.
Assignment of numbers shall be in the sequence of receipt of cases,
regardless of classification, thus, there should be no separate control
numbers for judicial and non-judicial cases;

c. Accepted applications shall be recorded in a logbook, at the Provincial,
City, Municipal District Offices or Line Services. The logbook shall
contain columns for the following data: name of client, date the
application was received, PAO Control Number, name of lawyer to
whom the case was assigned, nature of case or cause of action, cause of
termination, and date of termination;

d. Transfer of cases duly approved by the Provincial, City, Municipal
Public Attorneys or Service Heads, shall be recorded in PAO Form No.2-
F. This contingency arises when there are changes in court assignments
of lawyers, or cases are re-raffled to other branches of the court, when
the lawyer assigned retires, transfers to another office, resigns or files an
application for leave for more than five (5) days, or other similar
situations. The original shall be submitted to the District Head as office
file, the duplicate to the transferor and the third copy to the transferee;

e. PAO Form No. 4 (Case History) shall be attached to the case folder, for
recording of every development of the case, such as dates of hearing, the
witnesses presented on direct or cross-examination, and documents
marked as exhibits;

f. Custodial interrogation and Inquest Investigation Services shall be
entered in PAO Form No. 5, which shall reflect the date, name of person
assisted, offense charged, and place where the services were rendered;

g. Jail visitation activities shall be recorded in PAO Form No. 6, which
shall contain the following: the person visited, detainees interviewed
and action taken on their problem, if any.

Section 2. Reporting. All lawyers are required to submit the following reports:

a. Monthly Reports. Public Attorneys shall submit monthly, in triplicate, to the
Provincial, City, Municipal District Public Attorney or Service Heads, within the first
three (3) working days of the succeeding month, a statistical report of their judicial,
quasi-judicial and non-judicial services, as well as limited services and outreach
activities, on Monitoring Form No. 01. The Unit Head shall immediately transmit the
original of the reports, including his/her own, to the Field Operations and Statistics
Service (FOSS), furnishing the Regional Public Attorney with a copy thereof. A copy
shall be retained by the District Office.

b. Year-end Reports. A year-end inventory of pending judicial and non-judicial cases,
as well as limited services and outreach activities, shall be submitted to the Provincial,
City, Municipal District Public Attorney or Service Heads, within the first five (5)
working days of the succeeding year, on PAO Form No. 8. The Provincial, City,
Municipal District Public Attorney or Service Heads, shall immediately submit within
three (3) working days, the original of the reports, including his/her own, to the Field
Operations and Statistics Service, furnishing the Regional Public Attorney a copy
thereof. A copy shall be retained by the District. The Regional Public Attorneys shall
submit within three (3) working days after receipt from the district offices, a
consolidated year-end report to the Field Operations and Statistics Service.

ARTICLE XII
LITIGATION EXPENSE AND SUCCESS FEES

Section 1.Exemption from Fees and Costs of the Suit. The clients of the PAO shall be exempt
from payment of docket, court fees and other fees, incidental to instituting an action in court,
and other quasi-judicial bodies, as an original proceeding or on appeal. (Section 6 [paragraph
5], R.A. 9406)

Section 2. Exemption from Filing Fees for Complaints filed before the Prosecutors Office.
Consistent with the Memorandum dated January 4, 2005 issued by then Secretary of Justice
Raul M. Gonzalez as reiterated in Department Circular No. 46 dated June 25, 2010 issued by
then Secretary Alberto C. Agra, indigent litigants assisted by the Public Attorneys Office, are
exempted from payment of filing fees for complaints filed before the Prosecutors Office.

Section 3.Costs of suit, attorneys fees and contingent fees. The costs of the suit, attorneys fees
and contingent fees, imposed upon the adversary of the PAO clients after a successful litigation,
shall be deposited to the National Treasury as trust fund, and shall be disbursed for special
allowances of authorized officials and lawyers of the PAO. (Section 6 [paragraph 6], R.A.
9406)

Section 4. The handling PAO lawyer shall file a request with the Office of the Clerk of Court of
the Metropolitan Trial Court, Metropolitan Circuit Trial Court, Regional Trial Court, Court of
Appeals, Supreme Court and cashiers/sheriffs of the National Labor Relations
Commission/Department of Labor and Employment and other quasi-judicial bodies, to issue
the proper receipt to the losing party, with regards to the payment of contingent fees and
attorneys fees adjudged in favor of the PAO client, and shall immediately turn-over the same
to the PAO cashier to be deposited to the National Treasury.

ARTICLE XIII
FRANKING PRIVILEGES

Section 1. 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, functions and/or its exercise of administrative
supervision over its personnel. (Section 6 [paragraph 8], R.A. 9406)

Section 2. Form. The envelope or wrapper of the privileged mail matter shall bear on the left
upper corner, Public Attorney together with its address, and on the right upper corner, the
words Private or unauthorized use to avoid payment of postage is penalized by fine or
imprisonment, or both. (Section 6 [paragraph 9], R.A. 9406)

Section 3. Provision of envelopes and rubber stamps. The PAO shall provide for the standard
mailing envelope and the standard rubber stamp for purposes of compliance with the
preceding section.

Section 4. Recording of Outgoing Mails. Every Service, Regional and District Office, shall
maintain a separate logbook to serve as record of all official communications sent either
through ordinary mail and/or registered mail with return card, free of charge, indicating
therein, the date of mailing, brief description of the mail matter and the registry receipt
number, as the case may be.

ARTICLE XIV
RULES OF CONDUCT

Section 1. Rules of Conduct for Public Attorneys. Public Attorneys should primarily play the
role of peacemakers. They must be guided by a high sense of fairness, integrity, good faith and
justice, in the performance of their functions. Cases must be evaluated that only the
meritorious ones are entertained, and only deserving persons are extended free legal
assistance.

Section 2. In rendering legal services to the needy, Public Attorneys must give the fullest
measure of assistance.

PAO lawyers must be courteous in their language and demeanor towards clients and the
general public. Our avowed policy should be prompt service with a smile.

Section 3. No Public Attorney shall take custody of cash or valuables of a client. If there are
fees to be paid, the client should be the one to pay. In amicable settlements, the PAO lawyer
should refrain from taking custody of any money or valuables which is/are the object/s or
subject/s of settlement.

Acceptance of pasalubong or gifts from clients is punishable under RA 6713 (Code of
Conduct and Ethical Standards for Public Officials and Employees), and should, therefore, be
strictly avoided.

ARTICLE XV
SANCTIONS

Section 1. Administrative Sanction. Disciplinary action in accordance with the existing Civil
Service Laws, rules and regulations shall be taken against a PAO lawyer or employee who
commits any of the following acts:

a. Handles cases of persons who are not qualified for legal services under the
indigency test, or those who are not entitled to services specifically mentioned in
Rule VI (Free Legal Services) of the Implementing Rules and Regulations of R.A.
9406;

b. Handles cases outside of his/her court residency assignment, without appropriate
written authorization;

c. Fails to submit monthly and year-end report on time;

d. Travels abroad without securing a Permit/Authority to Travel Abroad from the
Chief Public Attorney;

e. Fails to transmit records of cases to the Special and Appealed Cases Service within
the specified time-frame prescribed herein;

f. Handles appealed cases in the Appellate Courts, if he/she is a field lawyer;

g. Fails to perfect an appeal on time to the prejudice or interest of the client;

h. Failure to attend inquest duty without valid reason; and

i. Any other violations in accordance with the PAO and Civil Service Rules and
Regulations.

Section 2. Administrative action shall, likewise, be taken against those who will unjustifiably
and willfully violate Republic Act No. 9406 and its Implementing Rules and Regulations,
without prejudice to the filing of criminal charges under existing penal laws, and the
provisions of R.A. 3019 and R.A. No. 6713.

ARTICLE XV
FINAL PROVISIONS

Section 1.Repealing Clause. All circulars and memoranda, or any portion thereof, inconsistent
herewith, are hereby repealed or modified accordingly.

Section 2.Effectivity. This PAO Operations Manual shall take effect fifteen (15) days after its
publication in a newspaper of general circulation.

Signed in Cebu City for Manila, Metro Manila on the 27
th
of August 2010.

Chief Public Attorney


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CONSOLIDATED PUBLIC
ATTORNEYS OFFICE
LEgAL FORMS

PAO CLIENT FORMS

PAO FORM NO. 2010-1
REPUBLIKA NG PILIPINAS
KAGAWARAN NG KATARUNGAN
TANGGAPAN NG MANANANGGOL PAMBAYAN

Region: ___________________
District Office: ____________________

INTERVIEW SHEET

Control No. ________________ Assigned to: __________________________________

Ref. No. _________________ Instructions: __________________________________
____________________________________________

Public Attorney III/Unit Head:
_____________________________________________

I. Interviewee/Client

Plaintiff [ ] Petitioner [ ] Complainant [ ] Oppositor [ ] Others [ ]

Defendant [ ] Respondent [ ] Accused [ ] Others [ ]

Name: _____________________________ Age: ________ Civil Status: ___________
Address: ________________________________________________________________________
Contact numbers: ___________________________________________
E-mail:_________________
Monthly Individual Net Income: _______________________ Spouse: _____________________
Detained: YES ___ NO___ Place of Detention: __________________________________________
Detained since: _______________________

II. Adverse Party

[ ] Plaintiff/Petitioner/Complainant [ ] Oppositor/Others
[ ] Defendant/Respondent/Accused

Name Address
___________________________________ _______________________________________

___________________________________ _______________________________________

III. Facts of the Case: ______________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________


IV. Cause of Action/Nature of Offense: __________________________________________________
________________________________________________________________________________

V. Pending in Court? Yes [ ] No [ ] Court/Body/Tribunal _____________________
Title of the case: _______________________________________________________________

VI. Proof of Indigency Submitted, if any:

1. Income Tax Return [ ]
2. DSWD Certification [ ]
3. Barangay Certification [ ]
4. Others : Payslips, etc., [ ]

PAO FORM No. 2010-1-A

Republic of the Philippines
Province of S.s.
City/Municipality of__________

AFFIDAVIT OF INDIGENCY

I, _______________________________________ of legal age, single/married to
______________________________________________ and residing at ___________
______________________________________________ and having been duly sworn in
accordance with law, depose and say:

1. That I desire to avail of the free legal service of the Public Attorneys Office.

2. That my monthly net salary/income is P______________________.

3. That I am executing this affidavit to entitle me to the desired legal services.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ day of
___________________, 20___, in the City/Municipality of ____________________, Province of
_________________________.

_____________________________
Signature of Affiant

SUBSCRIBED AND SWORN to before me this ______ day of ______________, 20___ at
____________________________, and I have read and translated the foregoing Affidavit in a
dialect known and understood by him/her.

ATTY. _______________________
Public Attorney II
(Pursuant to R.A. 9406)

PAO FORM No. 2010-2

(PUBLIC ATTORNEYS OFFICE)
DOJ Agencies Bldg., NIA Road corner East Avenue
Tel. Nos. 926-2878; 929-9010; 929-9436

DENIAL / DISQUALIFICATION OF PAO LEGAL ASSISTANCE

_____________________
_____________________
_____________________
(Name & Address)

DATE: ___________________

Dear Sir / Madam:

We regret to inform you that your request for legal assistance from our office cannot be
granted at this time due to the following:

You failed to qualify as an indigent.
REASON:

Conflict of Interest.
REASON:

Acceptance of case on provisional basis only.
REASON:

Public Attorneys do not act as prosecutors in criminal cases in court.
REASON:

You have engaged the services of another counsel.
REASON:

Others: _____________________________________________________
_____________________________________________________
_____________________________________________________

___________________________
Public Attorney

APPROVED: Received by:

______________________ ___________________________
District Public Attorney/OIC Printed Name and Signature
Date: ______________________

Cc: ____________________________________________

(Name/Address of Indorser)

PAO FORM No. 2010 -3

DOJ Agencies Bldg., NIA Road corner East Avenue
Tel. Nos. 926-2878; 929-9010; 929-9436

NOTICE OF PRE-LITIGATION CONFERENCE

__________________________

___________________
___________________
___________________

___________________:

Please be informed that ________________________ of ___________________________
had filed/referred a complaint against you in this office for support. After interview, the undersigned
deems it best to conduct a Pre-Litigation Conference whereby you may present your side on the
matter or settle the case amicably on the date, time and place indicated below:

DATE : ______________________

TIME : ______________________

PLACE: ______________________
______________________
______________________

You may avail the services of a lawyer to assist you during the pre-litigation conference.
However, even without a lawyer, the pre-litigation will proceed as scheduled. Rest assured that you
shall be afforded all your rights under the law during these proceedings.

Your preferential attention on this matter shall be to your interest and benefit as a court
action may be avoided.

Very truly yours,

ATTY. _______________________
Public Attorney _____

PAO FORM No. 2010-4
AFFIDAVITS

REPUBLIC OF THE PHILIPPINES)
MANILA ) Ss.

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS

WE, _______________________ and ______________________ both of legal ages,
Filipino and with residence addresses at ____________________ and __________________,
respectively, after having been jointly sworn to in accordance with law do hereby depose and state,
that:

1. We personally know the person of _____________________ who was born on
_______________ at ___________________ to the spouses __________________and
___________________;

2. It was discovered lately that his/her NAME / MIDDLE NAME / FAMILY NAME / DATE OF
BIRTH / PLACE OF BIRTH, _______________________, was erroneously entered as
_________________________ in his/her ______________________ (document);

3. The true and correct NAME / MIDDLE NAME / FAMILY NAME / DATE OF
BIRTH/PLACE OF BIRTH is/are __________________________;

4. ________________________ and _____________________ refer to one and the same
person;

5. That we are executing this affidavit to attest to the foregoing narration of facts and for
whatever legal purposes and intents this may serve.

IN TESTIMONY WHEREOF, WE have hereunto affixed our signatures this ____ day of
________________at ____________________, Philippines.

_______________________ ____________________
Affiant Affiant
Com. Tax Cert. No. ___________ Com. Tax Cert. No.__________
Issued on _________________ Issued on ________________
Issued at __________________ Issued at________________

SUBSCRIBED AND SWORN to before me this ____ day of _______________, at Manila,
Philippines. The identities of the affiants are established by their respective Philippine Passports
Nos. ____________ and ______________, issued on__________.

NAME OF PUBLIC ATTORNEY
Public Attorney ____


PAO FORM No. 2010-5

______________ ) Ss.

AFFIDAVIT OF UNDERTAKING AS CUSTODIAN

I, ___________________, Filipino, of legal age, single/married/widow/widower, and
a resident of _________________________, after having been duly sworn to in
accordance with law, depose and state, that:

1. I am the incumbent Punong Barangay of Barangay ______________,
________City;

2. ___________ is one of the residents of our barangay;

3. I was informed that ___________ has applied for probation having been
convicted for the crime of _______________ by the ____________ Trial Court of
________, Branch ____, and docketed as Criminal Case No. __________;

4. I was further made to understand that ____________ desires to be released on
recognizance pending the resolution of her application for probation, and needs a
custodian for this purpose;

5. I hereby agree to be the said custodian of ______________ and undertakes to
bring him to court whenever required;

6. I am executing this affidavit to apprise all those concerned of foregoing facts and
for whatever other legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
______________, at _______, Philippines.

_________________________
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of _______________, at
________, Philippines. The identity of the affiant is established by his Philippine Passport
No. ____________, issued on__________.


PAO FORM No. 2010-6

_______________ ) Ss.

AFFIDAVIT OF DISCREPANCY

I, ___________________, Filipino, of legal age, single/married/widower/widow, and
a resident of _____________________________, after having been duly sworn to in

1. I was born on _________________ to Spouses _____________________ and
______________________, on ______________ at___________________ as evidenced
by the certified true copy of my Certificate of Live Birth which is hereto attached as Annex
A;

2. Since I came to reason and up to the present, I have been using the name
________________ in all my personal and business transactions, as well as in all of my
school records and diplomas from elementary up to college, my name was spelled as
__________________________;

3. On ______________________ when I secured a copy of my birth certificate from
the National Statistics Office, I was surprised to learn for the first time that my name therein
was spelled as _____________________;

4. The names ____________________ and __________________ refers to me,
being one and the same person;

5. I am executing this Affidavit of Discrepancy to attest to the truth of the foregoing
facts and in support of my application for a Philippine Passport with the Department of
Foreign Affairs.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______________,
at Manila, Philippines.

_________________________
Affiant

__________, Philippines. The identity of the affiant is established by his Philippine
Passport No. ____________, issued on__________.


PAO FORM No. 2010-7

_______________ ) Ss.

AFFIDAVIT OF DESISTANCE

I, _____________________, of legal age, single/married, Filipino citizen and a
resident of ________________________, Philippines, after being duly sworn in
accordance with law, depose and state:

1. That I am the complainant in a criminal case docketed in the Regional Trial Court
of _________________ as Case No. _______________________ against
__________________;

2. That I am no longer interested in the prosecution of said case considering that the
facts and circumstances surrounding the instant case arose of misunderstanding and
misapprehension of facts between me and the accused.

3. I understand that the dismissal of my complaint against the accused/respondent
carries with it the dismissal of the civil aspect of the case, and the same can no longer be
re-instituted.

4. I am executing this affidavit voluntarily and free from any form of coercion,
compulsion or undue influence.

IN WITNESS WHEREOF, I have signed this Affidavit this __________day of
_______________, 20__ at the Municipality of _________________Province of
____________________.

______________________
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20__
at the Municipality of _______________ Province of _______________, Philippines,
affiant showing to me

ATTY. ________________
Public Attorney ___
(Pursuant to RA 9406)

PAO FORM NO. 2010-8

_______________ )Ss.

AFFIDAVIT OF DENIAL OF IDENTITY

I, ___________________, Filipino, of legal age, single/married/widow/widower, and
a resident of _____________________________, after having been duly sworn to in

1. I am an applicant for a record clearance at the National Bureau of Investigation in
Manila, Philippines;

2. I learned that according to NBI records, a person without a middle name, but
bearing my same first and last names, had been convicted for the crime of _________ by
the Regional Trial Court, Branch ____, in ______ City, docketed as Criminal Case No.
_____;

3. I have not been charged of any criminal offense, and I therefore hereby declare
that I am not the same person named _______________ in the said criminal case;

4. I am executing this affidavit to apprise all those concerned of the foregoing facts
and for whatever other legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of
______________, at Manila, Philippines.

_________________________
Affiant

No. ____________, issued on__________.


PAO FORM No. 2010-9
PROVINCE OF _______________)Ss.
CITY/MUNICIPALITY OF _______)
x - - - - - - - - - - - x
AFFIDAVIT OF CONSENT AND SUPPORT FOR TRAVEL OF A MINOR
We, _____________ and _____________, of legal ages, married, Filipinos, and
residents of _____________, Philippines, with residential telephone no. _____________
and with Tax Identification Nos. (T.I.N.) _____________ and _____________, respectively,
after having been duly sworn in accordance with law, hereby depose and state, that:
1. We are the parents of _____________ who is of legal age and a citizen of the
Republic of the Philippines and a holder of valid Philippine Passport with No.
_____________ and who is going for a trip abroad specifically to _____________
this _____________;
2. We are giving our full consent to our said (son/daughter) to travel abroad or
specifically to _____________;
3. For this purpose, we have sufficient and adequate financial capacity to support and
defray the said travel and do hereby undertake to finance (his/her) trip abroad from
the application fees, airline tickets, board and lodging, pocket money and such other
expenses that (he/she) may incur so that (he/she) would neither be a burden to the
state nor at their place of destination at any time during (his/her) trip abroad;
4. There is no criminal case pending in court against (him/her) nor has (he/she) been
charged of subversion, rebellion, insurrection or any crime or offense involving moral
turpitude in any court of the Philippines;
5. Further, _____________ will be accompanied or escorted by (his/her)
_____________, _____________ in (his/her) travel abroad;
6. We are hereby giving my full consent to the said _____________ to accompany or
escort _____________ in (his/her) travel abroad;
7. We are executing this affidavit to declare the truth of the foregoing facts and for
whatever legal purpose it may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this _____________ at
_____________, Philippines.
________________________ _____________________
Affiant Affiant
(Jurat)
PAO FORM No. 2010-10

______________ )Ss.

AFFIDAVIT OF ACKNOWLEDGMENT OF PATERNITY, SUPPORT AND
CONSENT TO USE MY LAST NAME

I, __________________ of legal age, and a resident of
______________________________, after having been duly sworn to in accordance with
law, hereby depose and state, that:

1. I am the natural or biological father of the minor _____________ who was born
outside of wedlock on ______________ in _________ City;

2. The mother of my child is _____________;

3. That as such, I hereby oblige to provide my child ______________ financial
support in the amount of P________ monthly;

4. I likewise hereby give my consent for my child _____________ to use my last
name, and to cause the change of her last name in her certificate of live birth
from ________ to __________;

5. I am executing this affidavit to apprise all those concerned of the foregoing facts
and for whatever other legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________,
at __________, Philippines.

________________
Affiant

No. ____________, issued on__________.


PAO FORM No. 2010-11 SAMPLE PLEADINGS

REPUBLIC OF THE PHILILPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City/Municipality/Province of___________

_______________________, I.S. NO. ________________
Complainant, FOR: __________________

-versus-

_______________________,
Respondent(s).
x--------------------------------------------------x

MOTION FOR EXTENSION OF TIME
TO SUBMIT COUNTER-AFFIDAVIT

Respondent(s) ___________________, assisted by the Public Attorneys Office
(PAO), unto the Honorable City/Municipal/Provincial Prosecutor, most respectfully aver(s),
that:
1. Respondents on __________________, received a subpoena from the
Prosecutors Office charging him of the above-stated offense and requiring him to submit
his counter-affidavit and other supporting documents within (ten)10 days from receipt
thereof;
2. Today, _____________, appears to be the last day for the submission of
respondent(s) counter-affidavit and other supporting documents;
3. There is a need to further study the case and to gather relevant evidence to
support the defense/s of the Respondent(s), thus, this request for a period of ten (10) day
extension within which to submit the respondent(s) Counter-Affidavit and other supporting
documents;
4. That the filing of this motion is done in good faith and not for purposes of delaying
the proceedings of this case but for the reason above-stated.
P R A Y E R

WHEREFORE, premises considered, it is respectfully prayed of the Honorable
Prosecutor that this Motion, praying for an extension of TEN (10) DAYS within which to
submit Respondents Counter-Affidavit and supporting documents, be granted.
___(date)__, at the City/Municipality/Province of __________, Philippines.

Department of Justice
__________ DISTRICT OFFICE

By:

ATTY. __________________
Roll No. __________
IBP No. __________
MCLE Comp. No. III-____________

CONFORME:
________________
(respondent)
N O T I C E

The Clerk
Office of the City/Municipality/
Provincial Prosecutor/City/Municipality/
Province of__________

G R E E T I N G S :

Please submit the foregoing motion for the consideration of the Honorable City
Prosecutor immediately upon receipt hereof without further oral argument.

ATTY. _____________________

Copy furnished:

(Complainant / counsel for the complainant)

REPUBLIC OF THE PHILIPPINES
________________ COURT
______________JUDICIAL REGION
__________, BRANCH _____

PEOPLE OF THE PHILIPPINES,
Plaintiff,

- versus - CRIM. CASE. NO.______
FOR: ________________
__________________________,
Accused.
x---------------------------------------------x

NOTICE OF APPEARANCE

THE BRANCH CLERK OF COURT
MTC/RTC, Branch _____
_________ City

GREETINGS:

Please enter the appearance of the PUBLIC ATTORNEYS OFFICE (PAO), through
the undersigned, as counsel for the accused in the above-entitled case. Henceforth, it is
respectfully requested that all notices, orders and other court processes be furnished to the
undersigned counsel at the office address herein below indicated.

________, (date).


By:
____________________
Roll No. __________
IBP No. __________
MCLE ___ Compliance. No.__________

CONFORME:
________________
(Name and signature of client)

Copy furnished:

PROSECUTORS OFFICE
_________ City

REGIONAL TRIAL COURT
_________________JUDICIAL REGION
__________, BRANCH ______

Plaintiff,
CRIM. CASE NO. ___________ -
versus - FOR: _____________________

__________________________,
Accused.
x---------------------------------------------------x

MOTION TO SET CASE FOR ARRAIGNMENT

ACCUSED, represented by the PUBLIC ATTORNEYS OFFICE, to this Honorable
Court, most respectfully states, that:
1. The accused in the above-entitled case is under preventive imprisonment and
currently detained at the __________ Jail;
2. Pursuant to accuseds constitutional right to speedy trial, there is a need to set the
immediate arraignment of the accused.
P R A Y E R
WHEREFORE, it is most respectfully prayed of this Honorable Court that the case
be immediately set for arraignment of the accused.
___________, (Date).

By:
____________________
Roll No. __________
IBP No. __________
MCLE ___ Compliance. No.__________

Copy furnished: (By personal Service)
Prosecutors Office

__________, BRANCH ______

Plaintiff, CRIMINAL CASE No. ______________

-versus-

____________________, FOR:___________________________
Accused.
x-----------------------------------------------x

APPLICATION FOR RELEASE ON RECOGNIZANCE

The undersigned accused, __________________________, hereby applies for release
on recognizance pursuant to section 7, Presidential Decree No. 968, as amended, and
declares:

1. That he filed an application for probation ______________________ to this
Honorable Court; (Date)

2. That he is presently confined at ____________________
for________________________ and failed to post the required bail bond;

3. That _______________________________ a responsible member of the
Community and a resident of ________________________________ is willing to
accept the custody of the undersigned accused and guarantee his appearance
whenever told to do so by the Court or the Probation Administration.

___________________________ __________________________
(Place) (Date)

__________________________ __________________________
(Accused/Applicant)

C O N F O R M E :

Name: ________________________________________________________
Address:___________________________________________________
Barangay No. _______________________Zone:____________________

Copy furnished: (Personal service)

Prosecutors Office

__________, BRANCH ______

People of the Philippines,

- versus - Crim. Case. No. 2010
FOR: MURDER
Juan Dela Cruz,
Accused.
x----------------------------------x

MOTION TO WITHDRAW APPEARANCE

Undersigned counsel, unto this Honorable Court, most respectfully states:

1. That the accused in the above-entitled case had engaged the service of a
private counsel;

2. With the accuseds conformity as evidenced by his signature below, the
undersigned counsel is withdrawing his appearance in this case.

PRAYER

PREMISES CONSIDERED, it is most respectfully prayed of this Honorable court
that the undersigned be allowed to withdraw as counsel for the accused.

________, (Date)
DOJ Agencies Bldg., NIA Road
Corner East Avenue, Diliman
Quezon City

By:

Atty._________________________
Roll No. 12345
IBP No. 678910
MCLE Compliance No.0000001
CONFORME:

____________________
(Name and signature of Client)
NOTICE

The Branch Clerk of Court
RTC, Branch 261
Pasig City


GREETINGS:

Please take notice that the foregoing Motion will be submitted for the consideration
and resolution of the Court on March__________ at 2:00 P.M.

(Name and signature of Public Attorney)

Copy Furnished:

City Prosecutors Office (personal service)
_________________ JUDICIAL REGION
__________, BRANCH ______

Plaintiff, CRIMINAL CASE No. ___________
FOR:
-versus-

____________________,
Accused.
x-----------------------------------------------x

APPLICATION FOR PROBATION

ACCUSED_______, assisted by the PUBLIC ATTORNEYS OFFICE, to this
Honorable Court, most respectfully applies for Probation under P.D. No. 968, as amended, and
aver, that:
1. Accused _____________ was sentenced to an imprisonment ranging from
_____________________;
2. The offense for which accused was convicted is not a crime against the Security of the
State and Public Order;
3. The accused does not suffer from any of the disqualifications of the Probation Law and
he would like to avail of the benefits and privileges accorded by law to first time
offenders;
4. The accused has not been previously placed on probation under the provisions of P.D.
968, as amended;
5. The accused is sincerely remorseful of having committed the offense and if granted
probation, he is willing to undergo supervision under such terms and conditions that may
be imposed by the Honorable Court;
P R A Y E R

WHEREFORE, foregoing premises considered, it is most respectfully prayed of this
Honorable Court to give due course to this Application for Probation and place herein applicant
____________________ on probation in accordance with law.

Other reliefs, just and equitable under the premises, are also prayed for.

_________ City, (date)
_____________________
Applicant
Assisted by:
_______________________
Public Attorney____

Copy furnished: (by personal service)

Prosecutors Office

NATIONAL CAPITAL JUDICIAL REGION
________, BRANCH_____

Plaintiff,

-versus- Crim. Case No. ________

JUAN DELA CRUZ,
PEDRO DELA CRUZ,
MARIO DELA CRUZ
Accused.
x---------------------------------------------x

MOTION TO QUASH AMENDED INFORMATION

Accused-movant JUAN DELA CRUZ, represented by the PUBLIC ATTORNEYS
OFFICE, to his Honorable Court, most respectfully avers:
1. Accused Juan Dela Cruz stands charged with the crimes of Robbery with Homicide
and Frustrated Homicide under an Amended Information which alleged:
That on or about the 22
nd
day of August, 2005, in Quezon City,
Philippines, the said accused, conspiring together, confederating with and
mutually helping each other, with intent to gain, by means of violence
against and intimidation of persons, did then and there willfully, unlawfully and
feloniously rob the NILOOBAN PAINT STORE, located at No. 1234 NIA
Road, Brgy. Pinyahan, this City, owned by JUANITO NILOOBAN y DUCUT in
the following manner, to wit: said accused robbed and carried away an
undetermined amount of cash money, and by reason of the robbery or on
occasion of said Robbery, said accused with intent to kill, shot JUANITO
NILOOBAN y DUCUT, WILBERT MURIAGA y SULIT and GARY MURIAGA y
SULIT, several times, thereby inflicting upon them fatal physical injuries which
caused the untimely death of Juanito Nilooban y Ducut and Gary Muriaga y
Sulit, accused performed all the acts of execution that would have produced
the crime of Homicide with regard to Wilbert Muriaga y Sulit as a
consequence, but the crime is not produced by reason of causes independent
of the will of the accused, to the damage and prejudice of the said offended
parties.

CONTRARY TO LAW.


2. Based on the above-quoted Information, it appears that the allegations in the
Amended Information is glaringly defective and should be quashed on two (2)
grounds:
a) The aforesaid Amended Information charges the accused of more than
one offense, in violation of Sec. 13, Rule 110 of the 2000 Rules of
Criminal Procedure;
1

b) The Court has no jurisdiction over the person of the accused, the latter
having been arrested without a valid warrant of arrest;

3. A cursory glance of the assailed Amended Information readily shows that the
accused was being charged with two (2) separate offenses under one criminal
Information, Robbery with Homicide and Frustrated Homicide, despite the fact
that the two (2) alleged incidents arose from one occasion. Such improper merger of
two (2) separate offenses is highly prejudicial to the accused unless this Honorable
Court declares the said defective Amended Information as invalid and consequently
dismissed.

4. Moreover, the said defective Amended Information alleged:
x x x said accused with intent to kill shot JUANITO NILOOBAN y DUCUT,
WILBERT MURIAGA y SULIT and GARY MURIAGA y SULIT, several times,
x x x

In effect, the accused were charged with several distinct and separate crimes,
because of the phrase several times. There is therefore an obvious duplicity of
charges which accused-movant seeks to avoid.

5. In one analogous case, the Supreme Court held that where in describing the offense
of murder with double less serious physical injuries, the information states that
appellant feloniously attack, assault and shoot for several times the victims, it in
1
SEC. 13. Duplicity of the offense. A complaint or information must charge only one offense,
except when the law prescribes a single punishment for various offenses.
effect charged the accused with several distinct and separate crimes, as it is the
allegations or actual recitals in the information rather than the technical description
of the crime that controls.
2
Likewise, in the case of People v. Ducay,
3

the Supreme
Court ruled that several victims dying from separate shots constitute separate
offenses although charged only in one information.
6. In People v. Palijon, et al.,
4
citing People v. Pamintuan,
5

the Supreme Court held
that the physical injuries committed during or on occasion of robo con homicidio, are
absorbed therein, irrespective of the number of homicides or physical injuries
committed.
7. In the case at bar, both the alleged killing and the physical injuries described in the
Amended Information were perpetrated during the alleged robbery with the objective
of removing both opposition and witnesses to the robbery. The physical injuries
allegedly inflicted against complainant Wilbert Muriaga and the alleged killing of
Juanito Nilooban y Ducut and Gary Muriaga y Sulit should be merged in the
composite, integrated whole of robbery with homicide it being clear that both the
killing and physical injuries were perpetrated with the end in view of removing all
opposition to the robbery, suppressing the relevant evidence or both.
6
2
People v. Peralta, 193 SCRA 9, January 18, 1991.
Thus, it is
respectfully submitted that the insofar as the allegation as to the alleged Frustrated
Homicide of private complainant Wilbert Muriaga, as stated in the challenged
Amended Information, there should be no separate charge for the same, considering
that the same arose of and is deemed absorbed in Robbery with Homicide.
3
225 SCRA 1.
4
343 SCRA 486.
5
222 SCRA 716
6
See People v. Lascuna, 225 SCRA 286, 404, (1993).

8. Finally, accused Juan Dela Cruz was illegally arrested as revealed by the Joint
Affidavit of the arresting officers namely, SPO1 Ricardo Magtugis and PO3 Elpidio
Magsiyasat. Noteworthy, that the alleged Robbery incident occurred on August 22,
2005 whereas the warrantless arrest of accused-movant Juan Dela Cruz was
effected by virtue of a follow-up operation conducted by the police only on August
24, 2005 or two (2) days after the alleged robbery incident. Surely, the alleged
follow-up operation of the arresting team that led to the warrantless arrest of
accused Juan Dela Cruz could not be stretched beyond what the Constitution and
Rules of Court have empowered our law enforcement officers. Said follow-up
operation that led to the supposed warrantless arrest of accused Juan Dela Cruz
could not be interpreted as a hot-pursuit. Hence, the apprehension of accused
Juan Dela Cruz was improper for inquest investigation. On this ground, the
Amended Information should likewise be dismissed for lack of jurisdiction of this
Honorable Court over the person of accused Juan Dela Cruz.
P R A Y E R
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable
Court that the Amended Information be QUASHED for having duplicity of offenses and for
lack of jurisdiction of this Honorable Court over the person of accused Juan Dela Cruz.
Other reliefs that are just and equitable under the premises are likewise prayed for.

Manila City District Office

By:

___________________
Public Attorney II
Roll No._________
IBP No._________
MCLE Compliance No. II:___________

NOTICE OF HEARING

Regional Trial Court
Branch____, Manila

GREETINGS:

Please include the foregoing motion in the Courts calendar of cases for ________,
2___ at 2:00 P.M., for the consideration and resolution of the Court.

ATTY. ___________________

Hon. _________________
Asst. City Prosecutor
Office of the City Prosecutor
Manila

GREETINGS:

Please take notice that the undersigned will submit the foregoing motion on
________, 2___ at 2:00 P.M., for the consideration and resolution of the Honorable Court.

ATTY. ___________________
Copy furnished: (personal service)

Office of the City Prosecutor
Quezon City
PAO FORM No. 2018

______________JUDICIAL REGION
BRANCH____, ______________

Plaintiff,

-versus- Crim. Case No.____________

JUANA DELA CRUZ,
Accused.
x------------------------------------------------x

MOTION TO DISMISS BASED ON
DEMURRER TO EVIDENCE

ACCUSED, by counsel, unto this Honorable Court, with prior leave of court, most
respectfully moves to dismiss the above-entitled criminal case against accused Juana Dela
Cruz, by way of demurrer, due to insufficiency of the prosecutions evidence, and
respectfully avers:

STATEMENT OF THE CASE AND FACTS
Juana Dela Cruz was indicted for the crime of QUALIFIED THEFT under an
Information, which alleges:

That on or about the 1
st
day of July 2002, in Quezon City, Philippines, the
said accused, being then employed as vault keeper of Big Time Pawnshop
represented by Alex Pingas y Garcia, located at No. 21-C Shorthorn St., Brgy.
Pinyahan, Quezon City, and as such have free access to the place where the
properties are kept and with grave abuse of confidence reposed to her by her
employer, with intent to gain and without the knowledge and consent of the owner
thereof, did then and there willfully, unlawfully and feloniously take, steal and carry
away various jewelry (sic) worth P400,000.00 and cash in the amount of P26,000.00
belonging to Big Time Pawnshop represented by Alex Pangan y Garcia, to the
damage and prejudice of said offended party in the total amount of P426,000.0,
Philippine Currency.


CONTRARY TO LAW.

During arraignment, accused with the assistance of her counsel de parte in the
person of Atty. Martin Mystica, pled not guilty to the information. Thereafter trial
proceedings ensued.
The prosecution sought to prove the guilt of the accused through circumstantial
evidence through the testimonies of its four (4) witnesses, namely: complainant Mr. Alex
Pingas, SPO2 Felix Pajaging, PC/Insp. Ruel Declaro, and Estrellita Estemalipala.
ALEX PINGAS, the complainant in this case, substantially testified that accused
Juana Dela Cruz was his employee for more or less ten (10) years in his pawnshop
business. Accused was hired as a teller at Subasta Pawnshop located La Loma, Quezon
City. Accused was later assigned as a vault custodian and appraiser at Big Apple
Pawnshop located at 21 Shorthorn Street, Brgy. Pinyahan,
7
On July 1, 2002, at around 8:15 oclock in the morning, while he was at the Subasta
Pawnshop, he received a telephone call from Juana Dela Cruz informing him that she just
arrived at Big Time Pawnshop to open the said shop. According to Juana Dela Cruz, his
pawnshop was robbed. He proceeded to the Big Time Pawnshop to see for himself what
happened thereat. There, he examined that vault and noticed that the said vault was not
forcibly opened, nor destroyed. He reported the matter to Police Station 3 at Pinyahan,
Quezon City, where SP03 Felix Pajaging went back with him the Big Time Pawnshop to
investigate. Operatives from the, SOCO (Scene of the Crime Operation) also arrived at the
Big Time Pawnshop to gather some fingerprints.
Quezon City.
After the SOCO operatives left, he instructed accused Juana Dela Cruz to close the
Big Time Pawnshop, and that both of them are to proceed to Subasta Pawnshop.

7
TSN, Dec. 2, 2003.
He instructed accused Juana Dela Cruz, to continue reporting for work, which Juana
complied, as the latter came to work for the next three days after the robbery incident, after
which, he decided to suspend accused from her work for fifteen (15) days. He reasoned
that the cause of Juanas suspension from her work was due to the on-going investigation
and accused might overhear his conversation with the investigator on the phone and that
Juana was his main suspect in the robbery.
Juana, however, did not report back to work anymore even after the lapse of her
fifteen (15) days suspension. He strongly suspects accused Juana Dela Cruz to be
responsible for the robbery because of his observation that the vault was opened without
having been destroyed. In support of his speculation, that accused Juana Dela Cruz is his
suspect for the robbery, he opined that in his 15 years in the (pawnshop) business, he has
never heard of a case where the vault was opened by the robbers, without destroying the
dial. He added that it was only accused Juana Dela Cruz who has custody of the keys as
well as the combination.
8
During cross-examination, complainant Alex Pingas was steadfast in his claim that it
was Juana who committed the crime, thus:

Q That Juana Dela Cruz was your employee for almost ten years
and her employment was cut short by your decision to dismiss
her from your employment, is that correct?

A No, sir.

Q How was she separated from her work?

A We suspended her for fifteen days and she did not come
back, sir.

Q And the reason why you suspended her for fifteen days was
because of your suspicion that she may have some
connivance with the thieves who entered your pawnshop, is
that correct?

8
TSN, Dec. 2, 2003.

A Not only suspicion, I know she is the main suspect in the
robbery, sir.
9

x x x x x x x x x

Q You mentioned during your direct examination that three
days after the robbery incident, you suspended the
accused Juana Dela Cruz for fifteen days but you are
really suspecting her of being involved in that robbery?

A Yes, sir.

Q But you have no direct evidence yet that she was directly
involved?

A Yes, sir.

Q So you have no basis yet to suspend her from her work
considering that you have no evidence yet to suspect
that she had something to do with that robbery?

A No direct evidence but circumstantial evidence, sir.

Q Despite the fact that she has been working for you for ten
years, you still suspected her?

A Yes, sir, because the combination was not
destroyed.

Q At the time you suspended her from work, did you
personally inform her that she was your suspect and that
is why she was being suspended?

A I told her that she was being suspended because a
robbery was committed in the shop and she was the one-
in-charge and that the robbery is under investigation.

Q But there were no findings yet by the police or by the
SOCO that she was directly linked to that crime, you
suspended her nevertheless, despite the fact that the
case is still under investigation?

A I also conducted my own investigation, sir.

Q What kind of investigation did you do?

A I checked everything and because she was the only one
in the shop during that time.
10
9
TSN, Aug. 18, 2004, pp. 4-5.

10
Ibid., pp. 11-13.

x x x x x x x x x

Q After you told her that she is suspended for fifteen days,
she never again reported back to work?

A That is right, sir.

Q And were you even surprised why she never reported
back for work after you suspended her, having suspected
her of being involved in that robbery?

A No, sir, because when she did not come back, I
presumed that she has done something.

Q Did it occur to you that the reason why she did not report
anymore for work was because you might have hurt her
feelings, because you had the temerity of accusing her
for having something to do with the robbery?

A No, sir.

Q It did not occur to you that you might have hurt her
feelings?

A No, sir, I received a complaint from the NLRC.

Q So, Juana filed an illegal dismissal case against you?

A Yes, sir.
11

SPO2 FELIX PAJAGING, the assigned investigator in this case testified that on July
1, 2002 at around 10:30 oclock in the morning complainant Alex Pingas arrived at his office
at Station 3 and reported that his pawnshop was robbed. He notified the Crime Laboratory,
particularly the SOCO team, to gather fingerprints at the pawnshop. He went with Mr.
Pingas at the Big Time pawnshop and arrived thereat between 9:00 a.m. and 10:00 a.m.
Upon arrival thereat, he noticed that the padlock of the passage toward the
residential apartment was opened. He identified in court the pictures taken by Mr. Alex
Pingas which were shot on July 16, 2002. The SOCO team headed by Pol. Insp. Declaro
11
Ibid., pp. 13-14.
arrived and gathered finger prints. He likewise admitted that there were no suspects at the
time, thus:
Q At the time you took the statement of Mr. Pingas in this case,
did you have any suspects at that time?

A At that time sir, I have no suspects at that time but according
to complainant Pingas he said that [he] has a suspect who did
the crime and it was Juana Dela Cruz.

x x x x x x x x x

Q What was the basis of Mr. Pingas, the private complainant in
this case when he said that he has a suspect, and this was the
accused in this case when you conducted the investigation on
July 1, 2002.

A According to Mr. Pingas the person who has an access and at
the same time who keeps the key of the vault is Juana Dela
Cruz.
12

x x x x x x x x x

Q What was your conclusion regarding this incident as
reflected in your report?

A After [I] took all the statements of the complainant and
witnesses, I had the conclusion, based on the
testimonies of the private complainant and the witnesses,
I made a conclusion of a circumstantial evidence based
on the testimony of Florida and Estrellita. And one of the
basis is the vault itself, the vault was opened without any
force, so it might be open[ed] by Juana Dela Cruz who
knows the combination or there are other person who
knows the combination.
13

During cross-examination, SPO2 Pajaging admitted that the referral to the
prosecutors office was immediately forwarded based only on the suspicions of complainant
Alex Pingas that Juana Dela Cruz is the suspect, despite the fact that the SOCO team has
yet to submit its report on the evidence gathered at the crime scene, thus:

Q So, Mr. Witness, you would agree with me that the accused
was present when you arrived at the Big Time Pawnshop?

A She was present, sir.

Q She did not try to run away when you and the other persons
arrived?
12
TSN, Oct. 6, 2004, pp. 11-12.
13
Ibid., p. 17.

A No, sir.

Q And some operatives arrived?

A The SOCO team, sir.

Q Now, what was the result o the investigation of the SOCO?

A Up to the present I dont have a copy of the result coming from
the Crime Laboratory, sir.

Q Are you saying Mr. Witness, that you proceeded with the
recommendation of this case for referral to the Prosecutors
Office even without waiting for the result of SOCO crime
laboratory?

A Only based on my investigation and the testimonies of
two witnesses I gathered and the documentary evidence.

Q As an experienced investigator, did you find it
unnecessary to await the SOCO result before referral of
this case to the Prosecutors Office against the accused?

A I wasnt able to wait for the result of the SOCO but the
case was already filed with the Prosecutors Office.
14

x x x x x x x x x

Q Mr. Witness, did Mr. Pingas tell you how he discovered this
robbery of his pawnshop?

A Actually, according to him he suspected that Juana Dela
Cruz as the one who robbed his pawnshop.

x x x x x x x x x

Q Would you say that as a result of your investigation, there
was no suspect at first?

A During the time of my investigation?

Q Yes, you have no suspect in your mind?

A Yes, sir.

Q And it was only complainant Pingas who told you that
Juana Dela Cruz was his suspect who robbed his
pawnshop, and you considered the case solved?

A Based on his statement, sir.
15

14
Ibid., p. 20.
15
Ibid., pp. 22-24.

The next witness to testify was PC/ Insp. RUEL DECLARO, the representative from
the SOCO. Declaro testified that on July 1, 2002, he received a telephone call from SPO2
Felix Pajaging and informed him about a robbery which occurred at the Big Time Pawnshop
located at No. 21-C Shorthorn Street, Barangay Pinyahan, Quezon City. A SOCO team was
formed composed of the team leader, fingerprint technician, photographer, driver and the
evidence clerk. They proceeded to the place of the incident and arrived at 11:45 a.m.
Upon arrival thereat, they determined the whole area of the crime scene, conducted
crime interpretation and started to process the possible evidence gathered. According to
Declaro there was no forcible entry. As far as he knows, the robbers entered and exited
through the back door. He presented in court photographs of the scene. Declaro noted that
there was no force applied in opening the vault, because the lock can still be moved.
Declaro likewise admitted that although latent fingerprints were gathered from the
crime scene, the SOCO office never submitted its report to the investigator or prosecutors
office, nor did it bothered to process the results to determine to whom the said fingerprints
belonged to. The SOCO team never asked the accused, and other personnel of Big Time
Pawnshop to give samples of their fingerprints for comparison with the said fingerprints
lifted from the crime scene.
Thus, he testified, to wit:

Q At the time you went to the crime scene, was
there already a suspect?

A It was not yet established, sir.

Q You mentioned about the taking of fingerprints, do you have
any result of the fingerprints taken from the crime scene?

A Since there was no suspect at that time, we have not
arrived to any examination, sir.

Q There was no examination on the fingerprints lifted from the
crime scene?

A Yes, sir.
16

On cross-examination, Vacaro testified:
Q When did you submit your report to Pajaging?

A We did not submit that report, sir.

Q So this was never received by Pajaging, the investigator?

A No, sir.

Q In fact, this is the first time that you produced this report,
it was never submitted in the Prosecutors Office neither
to Pajaging?

A We prepared it on the indicated date, sir.

Q My question was, you did not submit this to Pajaging, the
investigator in this case, and neither was this submitted
to the Prosecutors Office?

A No, sir.

Q This is the first time you are bringing this document?

A Yes, sir.

x x x x x x x x x

Q Mr. witness, you mentioned that your investigation turned
up zero, there was no suspect in this case per your
SOCO investigation?

A We gathered latent prints, subject to examination but the
particular person as to whom these belong or the
suspect is based on the follow-up investigation
conducted by the office on case. We told them we
gathered latent prints that remain in our office for future
reference.

Q Until now, there is no result as to whom those prints
belong?

A No result yet, sir.

16
TSN, April 6, 2005, pp. 13-14.
Q You have no record whatsoever as to whom those prints
belong?

A No record, sir.

Q Up to this time you have not processed anything about
those prints?

A Not yet, sir. They remain in our office.

Q Is it not that the reason why you did not submit this to
Pajaging, not even to the Prosecutors Office, was
because there is no suspect?

A During the preparation of the report, the suspect was not
yet established, sir.

C O U R T

What is your reason in not submitting that report to the
investigator or the prosecutors office?

A We cannot arrive at the final report because there was
no person taken for fingerprinting, your honor.

C O U R T

Is that SOP in your office?

A In our office, your honor, the questioned latent prints
remain in our office for future reference.

C O U R T

Is that your SOP, non-submission of your report to the
Fiscals Office or office of the investigator?

A Yes, your honor.

C O U R T

Continue

PUBLIC ATTORNEY:

Mr. Witness, did anyone tell you, whether the
complainant or investigator handling this case, that there
is already a suspect?

A We received subpoena on February 17 and then we
received another subpoena directing me to report in this
office to testify, I had no idea if there is a suspect, sir.

Q So, therefore, SOCO office never bothered to get the
fingerprints of the accused to compare with the latent
fingerprints you lifted from the crime scene?

A No, sir.
17

The last witness to testify was Estrellita Estemalipala, an employee of complainant
Alex Pingas. The gist of her testimony was that she resigned from her work at Subasta
Pawnshop as she planned to work overseas. She turned over to accused Juana Dela Cruz
all the keys to the pawnshop after she resigned. However, her plan did not materialize,
thus she was re-employed by Alex Pingas as a cashier at Subasta Pawnshop. On July 16,
2002, while at the Subasta Pawnhop, she saw her employer Alex Pingas placed the bunch
of keys on top of a table. She noticed that the padlocks from the Big Time Pawnshop and
some keys were missing. She called the attention of Mr. Pingas to the fact of said missing
keys. Thereafter, Mr. Pingas accompanied her to the police station to report the loss of the
missing keys.
18

DISCUSSION
The prosecution miserably failed to prove the supposed unbroken chain of
circumstantial evidence that accused Juana Dela Cruz committed the crime of Qualified
Theft.
The prosecution was emphasizing the fact that the vault of complainants pawnshop
was opened by the robbers without destroying the said vault. However, the prosecution
presented as one of its exhibits (Exh. E) a photograph showing the destroyed portion of
the grill above the door, supposedly where the robbers passed through. Noteworthy that if
17
Ibid., pp. 17-22.

18
TSN, August 10, 2005.
accused Juana Dela Cruz would be the one who committed the theft at the said pawnshop,
it would be absurd for her to go through all the trouble of destroying the grills above the
pawnshop door, despite having possession of all the keys to the said pawnshop.
It should be remembered at the outset, the circumstantial evidence consists only of
speculations and probabilities that accused was responsible for the theft/robbery that
occurred at Big Apple Pawnshop.
Noteworthy that prosecution witness PC/Insp. Ruel Declaro, a member of the
responding SOCO team, admitted in court that the latent fingerprints that he lifted was not
even processed for identification to either confirm or establish that the same indeed
belonged to accused Juana Dela Cruz, OR whether said latent fingerprints belonged to
persons other that the accused. The identification of the said latent fingerprints would have
ruled out any participation of accused in the robbery if it were proven that it belonged to
other persons, not necessarily accused Juana Dela Cruz.
As in all criminal cases, speculation and probabilities cannot take the place of proof
required to establish guilt beyond reasonable doubt.
19
Evidence showing a mere possibility of guilt, no matter how strong, is
insufficient to warrant a conviction.

20
In the appreciation of evidence in criminal cases, it is a basic tenet that the
prosecution has the burden of persuasion in establishing the guilt of the accused for the
offense he is charged ei incumbit probation non qui negat. The conviction of the accused
must rest not on the weakness of his defense but on the strength of the prosecutions
evidence.

21
19
People v Balderas, G.R. No. +106582, July 31, 1997, 276 SCRA 470.
It failed to do so in this case.
20
People v. Comesario, 306 SCRA 400-404 (1999).
21
People v. Fabon, 328 SCRA 302, 318 (200); citing People v. Masalihit, 300 SCRA 147 [1998]; People
v. Olivarez, Jr., 299 SCRA 635 [1998].
Otherwise, we will see the absurdity of an accused being put in a more difficult
position where the prosecutions evidence is vague and weak than where it is strong.
22
The presumption of innocence is founded upon the basic principles of justice and is
a substantial part of the law, it cannot be overcome by mere suspicion or conjecture.

23

Under our criminal justice system, the overriding consideration is not whether the court
doubts the innocence of the accused but whether it entertains a reasonable doubt as to his
guilt.
24
This applies with more vigor in the case at bar where the evidence of the
prosecution is purely circumstantial. A judgment of conviction must rest on nothing less
than moral certainty.
25
In summation, the defense respectfully submits that the pieces of circumstantial
evidence are insufficient to prove the guilt beyond reasonable doubt of accused Juana
Dela Cruz for the crime of Qualified Theft. They do not pass the requisite moral certainty,
as they admit of the alternative inference that other persons, not necessarily the accused,
may have perpetrated the crime. Where the evidence admits of two interpretations, one of
which is consistent with guilt, and the other with innocence, the accused must be acquitted.
Indeed, it would be better to set free ten (10) men who might be probably guilty of the crime
charged than to convict one innocent man for a crime he did not commit.

26

P R A Y E R
Court that the Information for Qualified Theft against accused Juana Dela Cruz be
DISMISSED for insufficiency of evidence.
22
People v. Manambit, G.R. Nos. 72744-45, April 18, 1997, 271 SCRA 344.
23
People v. Isla, 278 SCRA 47.
24
People v. Vasquez, 280 SCRA 160.
25
People v. Canlas, G.R. No. 141633, Dec. 14, 2001, citing People v. Caparas, Jr., 290 SCRA 78
[1998].
26
People v. Capili, 333 SCRA 335, 366 [2000].
Quezon City, November 03, 2005.

DOJ Agencies Building,
NIA Road corner East Avenue,
Diliman, Quezon City

By:
______________________
Public Attorney____
Roll No. ____________
IBP No. ________________
MCLE Compliance No.__________ Date: ___________

NOTICE OF HEARING

This Court

_______ Prosecutors Office
_____________City/Municipality

Greetings:

Please take notice that the Public Attorneys Office is submitting the foregoing
motion for the consideration and resolution of the Honorable Court on ____________ at
2:00 oclock in the morning.

ATTY. __________________

Copy furnished:

Hon. City Prosecutor
Prosecutors Office



OFFICE OF THE EXECUTIVE JUDGE
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA

IN THE MATTER OF THE PETITION FOR HABEAS
CORPUS OF MINORS/BABIES, NICKNAMED BABY
BOY CRISTINA STA. CLARA, BABY BOY
EXCELSIE BINGGAO, BABY BOY EVANGELINE
FERRER, BABY BOY ANNA GRACE NAYVE, BABY
BOY BERNADETTE DY, BABY BOY JHERMINE
BARASONA,

Spouses ALAN C. STA. CLARA & CRISTINA STA.
CLARA, Spouses LEONARDO BINGGAO &
EXCELSIE BINGGAO, EVANGELINE FERRER,
Spouses SONNY BOY SANTIAGO & ANNA GRACE
SANTIAGO, Spouses ENERO DY & BERNADETTE
DY, Spouses ELTON JOHN FAJARDO & JHERMINE
FAJARDO,
Petitioners,

Special Proceeding No.
-versus- For: Writ of Habeas Corpus

CHINESE GENERAL HOSPITAL AND MEDICAL
CENTER, AND ITS PRESIDENT/ CHAIRMAN,
MEMBERS OF THE BOARD OF DIRECTORS, AND
HOSPITAL ADMINISTRATOR AND/OR MEDICAL
DIRECTOR.
Respondents.
x---------------------------------------------------------x

P E T I T I O N

PETITIONERS, represented by the PUBLIC ATTORNEYS OFFICE (PAO), to this
Honorable Court, most respectfully state:

JURISDICTIONAL FACTS

1. Petitioners are Filipinos, of legal ages, and are respectively the parents and/or
relatives of the above named minors/babies. For purposes of this petition, they may
be served with judicial processes c/o XXX ABS-CBN, Mo. Ignacia Avenue, Quezon
City. They are represented in this proceeding by the PUBLIC ATTORNEYS
OFFICE, with address at DOJ Agencies Bldg., NIA Road cor. East Avenue, Diliman,
Quezon City;

2. Respondent CHINESE GENERAL HOSPITAL AND MEDICAL CENTER is a private
hospital owned and operated by the Philippine-Chinese Charitable Association,
Incorporated. It may be served summons and other legal processes at its address at
Blumentritt Street, Sta. Cruz, Manila;

3. Respondent President/Chairman, Members of the Board of Directors, and Hospital
Administrator and/or Medical Director are all officials of CHINESE GENERAL
HOSPITAL AND MEDICAL CENTER. They may be served summons and other
legal processes c/o CHINESE GENERAL HOSPITAL AND MEDICAL CENTER,
Blumentritt Street, Sta. Cruz, Manila;

STATMENT OF MATTERS INVOLVED

4. Sometime in the month of June 2007, petitioner Alan Sta. Claras wife Cristina, gave
birth to a baby boy, nicknamed Baby Boy Cristina Sta. Clara at respondent
hospital. The latter was due for discharge since June 2007. However, in view of the
fact that petitioner spouses Sta. Clara were not able to settle the bills being
assessed by respondent hospital, the latter detained and refused to release and turn
over the custody of said baby to his parents, herein petitioner spouses Sta. Clara.

The said baby has been unlawfully detained by respondent hospital since June 2007
up to the present or a total of 8 months from the time of scheduled discharge;

5. Sometime in August 2007, petitioner Leonardo Binggaos wife Excelsie, gave birth to
a baby boy nicknamed Baby Boy Excelsie Binggao at respondent hospital. The
latter was due for discharge since November 2007. However, in view of the fact that
petitioner spouses Binggao were not able to settle the bills being assessed by
respondent hospital, the latter detained and refused to release and turn over the
custody of said baby to his parents, herein petitioners spouses Binggao. The said
baby has been unlawfully detained by respondent hospital since November 2007 up
to the present or a total of 3 months from the time of scheduled discharge;

6. Sometime in August 2007, petitioner Evangeline Ferrer, gave birth to a baby boy
nicknamed Baby Boy Evangeline Ferrer at respondent hospital. The latter was due
for discharge since October 2007. However, in view of the fact that petitioner
Evangeline Ferrer was not able to settle the bills being assessed by respondent
hospital, the latter detained and refused to release and turn over the custody of said
minor to his mother, herein petitioner Evangeline Ferrer. The said baby has been
unlawfully detained by respondent hospital since October 2007 up to the present or
a total of 5 months from the time of scheduled discharge;

7. Sometime in November 2007, petitioner Sonny Boy Santiagos wife Anna Grace,
gave birth to a baby boy nicknamed Baby Boy Anna Grace Nayve at respondent
hospital. The latter was due for discharge since January 2008. However, in view of
the fact that petitioner spouses Santiago were not able to settle the bills being
assessed by respondent hospital, the latter detained and refused to release and turn
over the custody of said minor to his parents, herein petitioners spouses Santiago.
The said baby has been unlawfully detained by respondent hospital since January
2008 up to the present or a total of more or less, 1 month from the time of scheduled
discharge;

8. Sometime in July 2007, petitioner Enero Dys wife Bernadette, gave birth to a baby
boy nicknamed Baby Boy Bernadette Dy at respondent hospital. The latter was
due for discharge since August 2007. However, in view of the fact that petitioner
spouses Dy were not able to settle the bills being assessed by respondent hospital,
the latter detained and refused to release and turn over the custody of said minor to
his parents, herein petitioner spouses Dy. The said baby has been unlawfully
detained by respondent hospital since August 2007 up to the present or a total of 6
months from the time of scheduled discharge;

9. Sometime in October 2007, petitioner Elton John Fajardos wife Jhermine, gave birth
to a baby boy nicknamed Baby Boy Jhermine Barasona at respondent hospital.
The latter was due for discharge since November 2007. However, in view of the fact
that petitioner spouses Fajardo were not able to settle the bills being assessed by
respondent hospital, the latter detained and refused to release and turn over the
custody of said minor to his parents, herein petitioner spouses Fajardo. The said
baby has been unlawfully detained by respondent hospital since November 2007 up
to the present or a total of 3 months from the time of scheduled discharge;

10. Based on the foregoing, from the time when the aforesaid babies should have been
discharged, the hospital bills could not have accumulated beyond the financial
capacity of the petitioners if only the respondents allowed the babies to be taken
home by the petitioners, subject to the payment of the hospital bills upon tender of
promissory notes. Hence, the accumulation and progressive rise in the hospital bills
from the time of scheduled discharge is due to the fault and bad faith of respondents
in maliciously and illegally detaining the said babies in its hospital premises;

11. On January 31, 2008, petitioners, accompanied by the staff of the ABS-CBN public
service TV program XXX sought legal assistance from the PUBLIC ATTORNEYS
OFFICE. Thus, on even date, the PAO sent to respondent hospital a Demand letter to
Immediately Release the Detained Babies,
27

with enclosed respective promissory notes
of the petitioners regarding the settlement of the hospital bills being assessed and
claimed by respondents;
12. Despite receipt by respondent hospital of the aforesaid Demand Letter and
promissory notes, respondents refused and continue to illegally detain and withhold
custody of the subject babies from the herein respective petitioner parents/relatives,
unless the latter will fully pay their respective assessed hospital bills, which have
compounded, due to respondents own doing;

13. On February 2, 2008, the public service ABS-CBN TV program XXX aired on
broadcast television the complaint of petitioners and the detention of their babies by
respondents;

14. On February 3, 2008, in an obvious act of retaliation, respondents removed the
hospital baby cribs being used by the subject babies. Petitioners were left with no
choice but to lay their babies on the pieces of cartons which served as makeshift beds
on the floor;

27
A copy of the Demand letter with enclosed promissory notes is hereto attached as Annex A.
15. Attached herewith as Annex B-1 to B-5 are the petitioners certificates of
indigency to form an integral part of this Petition

GROUND FOR THE ALLOWANCE AND
ISSUANCE OF THE WRIT OF HABEAS CORPUS
AGAINST THE RESPONDENTS

THE CONTINUING ACT OF THE RESPONDENTS IN ILLEGALLY
DETAINING THE SUBJECT BABIES/MINORS WHO ARE BEING HELD
CAPTIVES AND THE UNLAWFUL REFUSAL TO TURN OVER CUSTODY
OF SAID BABIES TO THE PETITIONERS UNLESS THE LATTER WILL
FULLY PAY THE ASSESSED HOSPITAL BILLS, CONSTITUTE CRIMINAL
ACTS OF SERIOUS ILLEGAL DETENTION IN EXCHANGE FOR RANSOM,
WHICH IS PUNISHABLE UNDER ARTICLE 267 OF THE REVISED PENAL
CODE, ARTICLE 19 OF THE NEW CIVIL CODE, AS WELL AS, VIOLATION
OF THE CONSTITUTIONAL RIGHTS OF THE PETITIONERS AND THE
SUBJECT BABIES. IF NOT CORRECTED, THIS WILL WORK GRAVE
INJUSTICE TO THE PETITIONERS AND THE SUBJECT BABIES.

DISCUSSION

Under the guise of demanding payment of the assessed hospital bills, respondents
are in reality extorting ransom in exchange for the release from respondents custody and
freedom of the captive babies to the petitioners herein.

As early as the case of People v. Kamad Akiran, et al.,
28

the Supreme Court has
already discussed the concept of ransom as defined under Article 267 of the Revised
Penal Code, thus:
Even if the purpose is to compel the alleged payment under Art. 267
of the Penal Code, the offense is still kidnapping for ransom.

The last paragraph of Art. 267 having been derived from statues of
the United States, particularly the Lindenbergh Law, American Jurisprudence
has application. Under American rulings ransom is money, price or
consideration paid or demanded for redemption of a captured person or
persons, a payment that releases from captivity. x x x Now, since the accused
demanded and received money as a requisite for releasing a person from
captivity, whatever other motive may have impelled them to do so, the
money is still ransom under the law.
28
18 SCRA 239.

Petitioners have been unlawfully deprived of the custody of the subject babies, due
to the unlawful acts of respondents in continuously detaining the subject babies.
Respondents pernicious practice of utilizing the living bodies of the captive babies
as a sinister form of guarantee or collateral to compel petitioners to pay the assessed
hospital bills clearly tantamount to criminal acts of serious illegal detention for ransom. It
should be noted that the living body of a person is outside the commerce of man, more so
innocent babies who are being used as collateral and restrained of their rightful liberty and
custody from the petitioners.
Furthermore, the continued and unlawful detention of the subject babies by the
respondents are clearly anathema to the very protection accorded by the Bill of Rights
enshrined in the 1987 Constitution, specifically, the Due Process clause and Non-
imprisonment for debt clause, which are hereby respectively quoted:
Section 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal
protection of the laws.

x x x x x x x x x

Section 20. No person shall be imprisoned for debt or non-payment of
a poll tax.

Likewise, the Civil Code mandates under Article 19 thereof, to wit:

Art. 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.

Petitioners come before the Court to afford adequate relief, as provided in Article 24
of the Civil Code:

Art. 24. In all contractual, property or other relations, when one of the
parties is at a disadvantage on account of his moral dependence, ignorance,
indigence, mental weakness, tender age or other handicap, the courts must
be vigilant for his protection.

Thus, under the parens patriae doctrine, the State has an obligation to protect and
rescue the petitioners and their children from respondents patent illegal act of detaining the
subject babies.
In view of the nature of the emergency and the fact that the subject babies are
continuously being deprived of the opportunity of being reared by their parents outside the
confines of respondents hospital premises, there is an urgent need for this Honorable
Court to immediately issue the writ prayed for, to set the case for hearing at the earliest
opportunity, and to eventually rescue the subject babies from their captors, respondents
herein.
R E L I E F
WHEREFORE, premises considered, and in the paramount interest of the subject
babies, it is most respectfully prayed of this Honorable Court that:

1. A Writ of Habeas Corpus be immediately issued, pursuant to Rule 102 of the Rules
of Court, directing the respondents to produce the living bodies of the subject
babies before this Honorable Court at the time specified in the writ;

2. To summon respondents before the Honorable Court to show cause of the unlawful
restraint of liberty of the subject babies and deprivation of custody to petitioners of
the said babies;

3. Directing the respondents to immediately release and discharge the subject babies
to their respective parents/relatives.

Other reliefs that are just and equitable are likewise prayed for.
Quezon City for Manila, February 4, 2008.
'epartment of Justice
BBB__________ DISTRICT OFFICE

By:

ATTY. __________________
Roll No. __________
IBP No. __________
MCLE Comp. No. III-____________

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

We the undersigned petitioners, after being sworn to in accordance with law, do
hereby depose and state, that:

1. We are the petitioners in the above-entitled case;

2. We have caused the preparation of the foregoing petition;

3. We have read and understood its contents and that the allegations therein are true
and correct to the best of our knowledge and/or based on authentic documents;

4. No other Petition of similar nature has been filed or is pending before any court
tribunal or agency;

5. If ever we discover that a similar petition has been filed in connection therewith, we
undertake to immediately inform this Honorable Court of such action, within five (5)
days from notice.

ALAN C. STA. CLARA LEONARDO BINGGAO

SONNY BOY SANTIAGO ENERO DY

ELTON JOHN FAJARDO EVANGELINE FERRER

SUBSCRIBED AND SWORN to before me this 4
th
day of February, 2008.

PAO FORM No. 2010-19-A

SAMPLE PLEADINGS BEFORE THE COURT OF APPEALS AND
SUPREME COURT

COURT OF APPEALS
MANILA

ELEVENTH DIVISION

Plaintiff-Appellee,

-versus- CA-G.R. CR-HC No. 00871

ALEJANDRO LORENZO
Petitioner.
x-----------------------------------------------------x

PETITION FOR RELEASE PURSUANT TO R.A. No. 9344 IN
RELATION TO EXECUTIVE ORDER No. 633

ALEJANDRO LORENZO, assisted by the PUBLIC ATTORNEYS OFFICE, most
respectfully states:
ANTECEDENTS
In a Decision
29
29
A photocopy of the Court of Appeals Decision dated October 26, 2006 is hereto attached as Annex
A.
promulgated on October 26, 2006, this Honorable Court affirmed the
conviction of appellant Alejandro Lorenzo in two (2) counts of Rape committed against then
8-year old Glory Lorenzo and then 10-year old Nelia Lorenzo. The penalty upon him by the
trial court was however reduced from reclusion perpetua, to indeterminate penalties of
imprisonment ranging from SIX (6) YEARS of prision correccional, as minimum, to TEN
(10) YEARS of prision mayor, as maximum, in each case, taking into consideration the
privileged mitigating circumstance of minority, accused being then a 12 year old minor at
the time of the commission of the alleged rapes.
On April 27, 2007, this Honorable Court issued an Entry of Judgment showing that
the Decision in this case has become final and executory on November 29, 2006.
GROUND SOUGHT FOR THE RELEASE OF PETITIONER
REPUBLIC ACT No. 9344, OTHERWISE KNOWN AS THE
JUVENILE JUSTICE AND WELFARE ACT OF 2006, AND
EXECUTIVE ORDER No. 633 WHICH PROVIDE FOR THE
RELEASE OF DETAINED CHILDREN IN CONFLICT WITH
THE LAW.

DISCUSSION
Under Republic Act No. 9344, otherwise known as the Juvenile Justice Act of
2006, particularly under Section 6 thereof:

Sec. 6. Minimum Age of Criminal Responsibility. A child fifteen (15) years
of age or under at the time of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.

Alejandro Lorenzo, who is a 12 year old minor at the time of the commission of the
alleged rapes and currently serving sentence at the National Bilibid Prisons, would like to
avail of the retroactive application of Republic Act No. 9344 as provided in Section 68
thereof, to wit:

Sec. 68. Children Who Have Been Convicted and are Serving
Sentence. Persons who have been convicted and are serving
sentence at the time of the effectivity of this Act, and who were below
the age of eighteen (18) years at the time of the commission of the
offense for which they were convicted and are serving sentence, shall
likewise benefit from the retroactive application of this Act. They shall
be entitled to appropriate dispositions provided under this Act and their
sentences shall be adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or other applicable
law. (emphasis supplied)

Considering that Alejandro Lorenzo is clearly a minor under fifteen (15) years of age
at the time of the commission of the offense, his criminal liability is obliterated by operation
of law and thus, should immediately be released from confinement at the National Bilibid
Prisons in Muntinlupa City, pursuant to the applicable provisions of Republic Act No. 9344.
Considering the existence of a supervening event, that is, the enactment of R.A.
9344 which obliterated Alejandro Lorenzos criminal responsibility, there is sufficient
justification for this Honorable Court to order the immediate release of the petitioner in
order for the judgment of conviction to conform to the law.

In Echegaray v. Secretary of Justice,
30

the Supreme Court declared:
x x x To be sure, the most important part of litigation, whether civil or
criminal, is the process of execution of decisions where supervening events may
change the circumstances of the parties and compel courts to intervene and
adjust the rights of the litigants to prevent unfairness. It is because of these
unforeseen, supervening contingencies that courts have been conceded the
inherent and necessary power of control of its processes and orders to make
them conformable to law and justice. (underscoring supplied)

Also in People v. Gallo,
31

the High Court reiterated:

The Court has had the opportunity to decide in a long line of cases that the
tribunals retain control over as case until the full satisfaction of the final judgment
conformably with established legal processes. It has the authority to suspend the
execution of a final judgment or to a modification thereof as and when it
becomes imperative in the higher interest of justice or when supervening
events warrant it.

Finally, on July 16, 2007, Her Excellency President Gloria Macapagal-Arroyo, issued
Executive Order No. 633
32
30
301 SCRA 97.
directing the Public Attorneys Office to file the necessary
Petition to the court for the release of children in conflict with the law who are situated like
herein petitioner, Alejandro Lorenzo.
31
315 SCRA 461.
32
A photocopy of Executive Order No. 633 signed by Her Excellency President Gloria Macapagal-
Arroyo is hereto attached as Annex B.
The Public Attorneys Office has in fact filed a similar petition
33
before the Supreme
Court on behalf of a minor inmate in the case of People v. Baroy, which was granted in a
resolution dated September 4, 2007.
34

P R A Y E R
Court that a Resolution be issued, ordering the Director of the National Bilibid Prisons,
Muntinlupa City to immediately release Alejandro Lorenzo pursuant to Sections 6 and 68 of
RA 9344, in relation to Rule 3 of the Implementing Rules and Regulations of RA 9344, and
Executive Order No. 633.


Quezon City for Manila, September 27, 2007.

DOJ Agencies Bldg.NIA Road
cor. East Avenue, Diliman
Quezon City

By:

ATTY.___________________
Public Attorney____
Roll No. ________
IBP No. ___________

33
A photocopy of the Petition for Release, etc., filed in the case of People v. Baroy, G.R. Nos. 137520-
22 is hereto attached as Annex C;
34
A copy of the Supreme Court Resolution dated September 4, 2007 in the case of People v. Baroy,
G.R. Nos. 137520-22 is hereto attached as Annex D, and the Order of Release as Annex E.
E X P L A N A T I O N
(Pursuant to Section 11, Rule 13, of the
1997 Revised Rules on Civil Procedure)

The foregoing Motion was served to the other parties by registered mail since
personal service is impracticable due to distance and time constraints.

ATTY. _________________

Copy furnished:

THE SOLICITOR GENERAL
134 Amorsolo Street
Legaspi Village
1229 Makati City
(SC-G.R. Nos. 137520-22)

THE PRESIDING JUDGE
Regional Trial Court, Branch 19
Bangui, Ilocos Norte
(Crim. Cases Nos. 1405-19/1406-19)

PAO FORM No. 2010-19-B

SUPREME COURT
MANILA

En Banc

Plaintiff-Appellee,

-versus- G.R. Nos. 137520-22

ALFREDO BAROY and FELICISIMO
NACIONAL,
Accused-Appellants,

ALFREDO BAROY,
Petitioner.
x-----------------------------------------------------x

PETITION FOR RELEASE PURSUANT TO R.A. No. 9344 IN
RELATION TO EXECUTIVE ORDER No. 633

ALFREDO BAROY, assisted by the PUBLIC ATTORNEYS OFFICE, most
respectfully states:
ANTECEDENTS
Accused ALFREDO BAROY together with his co-accused, were charged with three
(3) counts of rape. He was duly convicted and meted with the death penalty by the trial
court. In a Decision dated May 9, 2002, this Honorable Court affirmed their conviction for
three counts of rape with the use of a deadly weapon, but the penalty imposed upon them
by the trial court was reduced from death to reclusion perpetua for each count of rape.

Alfredo Baroy filed a Motion for a partial reconsideration of this Honorable Courts
Decision claiming that he is entitled to the privileged mitigating circumstance of minority,
hence, entitled to a penalty two degrees lower that reclusion perpetua. He presented a
Birth Certificate
35

duly certified by the National Statistics Office (NSO) as the best evidence
of his age. His Birth Certificate shows that he was born on January 19, 1984 while the
alleged crimes were committed on March 2, 1998. Hence, he was only fourteen (14) years
old at the time of the commission of the alleged crime.
This Honorable Court gave due course to Baroys motion and ruled that based on
his birth certificate, Baroy was indeed only fourteen (14) years old when he committed the
alleged crime of rape. Thus, in appreciating the privileged mitigating circumstance of
minority in favor of Alfredo Baroy, the latters penalty for each count of rape was further
reduced to four (4) years and two (2) months of prision correccional medium, as minimum;
to 10 years of prision mayor medium, as maximum.
36
GROUND SOUGHT FOR THE RELEASE OF PETITIONER

REPUBLIC ACT No. 9344, OTHERWISE KNOWN AS THE
JUVENILE JUSTICE AND WELFARE ACT OF 2006, AND
EXECUTIVE ORDER No. 633 WHICH PROVIDE FOR THE
RELEASE OF DETAINED CHILDREN IN CONFLICT WITH
THE LAW.

DISCUSSION
Under Republic Act No. 9344, otherwise known as the Juvenile Justice Act of
2006, particularly under Section 6 thereof:
Sec. 6. Minimum Age of Criminal Responsibility. A child fifteen (15)
years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.

35
Rollo, p. 2.
36
A copy of Supreme Court Resolution promulgated August 15, 2003 (409 SCRA 154), is hereto
attached as Annex 1, for easy reference.
Alfredo Baroy, who is a minor and currently serving sentence at the National Bilibid
Prisons, would like to avail of the retroactive application of Republic Act No. 9344 as
provided in Section 68 thereof, to wit:
Sec. 68. Children Who Have Been Convicted and are Serving
Sentence. Persons who have been convicted and are serving
sentence at the time of the effectivity of this Act, and who were below
the age of eighteen (18) years at the time of the commission of the
offense for which they were convicted and are serving sentence, shall
likewise benefit from the retroactive application of this Act. They shall
be entitled to appropriate dispositions provided under this Act and their
sentences shall be adjusted accordingly. They shall be immediately
released if they are so qualified under this Act or other applicable
law. (emphasis supplied)

Considering that Alfredo Baroy is clearly a minor under fifteen (15) years of age at
the time of the commission of the offense, his criminal liability is obliterated by operation of
law and thus, should immediately be released from confinement at the National Bilibid
Prisons in Muntinlupa City, pursuant to the applicable provisions of Republic Act No. 9344.

Considering the existence of a supervening event, that is, the enactment of R.A.
9344 which obliterated Alfredo Baroys criminal responsibility, there is sufficient justification
for this Honorable Court to release the petitioner in order for the judgment of conviction to
conform to the law.

In Echegaray v. Secretary of Justice,
37
x x x To be sure, the most important part of litigation, whether civil or
criminal, is the process of execution of decisions where supervening events may
change the circumstances of the parties and compel courts to intervene and
adjust the rights of the litigants to prevent unfairness. It is because of these
unforeseen, supervening contingencies that courts have been conceded the
inherent and necessary power of control of its processes and orders to make
them conformable to law and justice. (underscoring supplied)

Also in People v. Gallo,
38

the High Court reiterated:
37
301 SCRA 97.
38
315 SCRA 461.
The Court has had the opportunity to decide in a long line of cases that the
tribunals retain control over as case until the full satisfaction of the final judgment
conformably with established legal processes. It has the authority to suspend the
execution of a final judgment or to a modification thereof as and when it
becomes imperative in the higher interest of justice or when supervening
events warrant it.

The case of People v. Parazo,
39

also finds application in the case at bar, where the
accused-appellant therein, being a deaf-mute, was granted a re-arraignment and re-trial of
his case, with the aid of a sign language interpreter.
Likewise, in People v. Ebias,
40
We recognize that court litigations are primarily for the search of truth, and a
liberal interpretation of the rules by which both parties are given the fullest
opportunity to adduce proofs is the best way to ferret out such truth.
this Honorable Court declared:
41
Hence, a
liberal interpretation of the rule granting a motion for new trial is called for.
42

x x x x x x x x x

As has been said, the overriding need to render justice demands that an
accused be granted all possible legal means to prove his innocence of a crime
of which he is charged. (emphasis supplied)

Finally, on July 16, 2007, Her Excellency President Gloria Macapagal-Arroyo, issued
Executive Order No. 633
43
39
G.R. No. 121176, July 8, 1999
directing the Public Attorneys Office to file the necessary
Petition to the court for the release of children in conflict with the law who are situated like
herein petitioner, Alfredo Baroy.
40
G.R. No. 127130, Oct. 12, 2000.
41
262 SCRA 266, 273 (1966).
42
Ibid.
43
A copy of Executive Order No. 633 signed by Her Excellency President Gloria Macapagal-Arroyo is
hereto attached as Annex 2.

P R A Y E R
Court that a Resolution be issued, directing the Honorable Secretary of Justice and the
Director of the National Bilibid Prisons, Muntinlupa City to immediately release Alfredo
Baroy pursuant to Sections 3 and 68 of RA 9344, in relation to Rule 3 of the Implementing
Rules and Regulations of RA 9344, and Executive Order No. 633.
Quezon City for Manila, August 01, 2007.

DOJ Agencies Bldg.NIA Road
cor. East Avenue, Diliman
Quezon City

By:

Roll No. 36327
IBP No. 645763 01-04-06

&

HOWARD B. AREZA
Public Attorney IV
Roll No. 43886
IBP No. 04638 (Lifetime)
E X P L A N A T I O N
(Pursuant to Section 11, Rule 13, of the
1997 Revised Rules on Civil Procedure)

7he foregoing Motion was served to the other party by registered mail since

HOWARD B. AREZA

Copy furnished:

Hon. EDUARDO R. ERMITA
Executive Secretary
Office of the President
Malacaang, Manila

THE SOLICITOR GENERAL
134 Amorsolo Street
Legaspi Village
1229 Makati City
(SC-G.R. Nos. 137520-22)

THE PRESIDING JUDGE
Regional Trial Court, Branch 259
1700 Paraaque City
(Crim. Cases Nos. 98-355-7)

HON. RAUL GONZALEZ
Secretary of Justice
Padre Faura Street
Manila

HON. ALICIA R. BALA
JUVENILE JUSTICE AND WELFARE COUNCIL
Department of Social Welfare and Development
Batasan Pambansa Complex, Constitution Hills
Quezon City

ATTY. ALBERTO MUYOT
Project Coordinator
UNICEF
31
st
Floor, Yuchengco Tower
RCBC Plaza, Ayala Avenue
Cor. Buendia,
Makati City

Hon. RICARDO B. DAPAT
Director
National Bilibid Prisons
Bureau of Corrections
1770 Muntinlupa City


COURT OF APPEALS
MANILA

Plaintiff-Appellee,

- versus - CA-G.R. CR NO. ________

ABC,
Accused-Appellant.
x-------------------------------------x

MOTION TO WITHDRAW APPEAL

ACCUSED-APPELLANT, by counsel and to this Honorable Court, most respectfully states:
In the Resolution dated 1 January 2010, a copy of which was received on 15 January 2010,
the accused-appellant was given thirty (30) days from notice, or until 14 February 2010, within
which to file his brief.
On 14 February 2010, the undersigned seasonably filed a Notice of Appearance with Motion
for Extension of Time to File Appellants Brief praying for an additional period of thirty (30) days
from 14 February 2010, or until 16 March 2010, within which to file the Appellants Brief.
On 5 March 2010, however, the accused-appellant manifested his desire to withdraw his
appeal pending before this Honorable Court. Thus, the undersigned conferred with the latter and
confirmed that his decision was voluntary and without the presence of any kind of force, coercion or
intimidation. He was further informed of the consequences and legal implications of the withdrawal
of his appeal. Notwithstanding this, the accused-appellant still signified his intention to withdraw.
Hence, the instant motion with the written conformity of the accused-appellant.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court
that the accused-appellant be allowed to withdraw his appeal and the said appeal be now
considered as WITHDRAWN.
Quezon City for Manila, 15 March 2010.


BY:
----------------------------------
Public Attorney IV
Roll No. xxxxx
IBP OR No. xxxxxx; 1/6/10
MCLE Compliance No. III-000xxxx; 1/20/10

----------------------------------
Public Attorney IV
Roll No. xxxxx
IBP OR No. xxxxx0; 1/4/10

- and -

----------------------------------
Public Attorney II
Roll No. xxxxx
IBP No. xxxxxx; 1/5/10

With my conformity:

ABC
Identification Card No. xxxxx
Issued on ____________
Issued at ____________
Valid until ____________


EXPLANATION
(Pursuant to Sec. 11, Rule 13 of the 1997 Rules of Civil Procedure)

The foregoing Motion to Withdraw Appeal is being served by registered mail since
personal service is not practicable, because of distance and limited number of messengers in the
undersigneds office.

----------------------------------
Public Attorney II

COPY FURNISHED:

OFFICE OF THE SOLICITOR GENERAL Reg. Receipt No. __________
134 Amorsolo Street,
Legaspi Village, Makati City


COURT OF APPEALS
Manila

AAA,
Petitioner,

- versus CA G.R. SP No. ___________
(NLRC CA No.__________; NLRC NCR RAB
IV________)

NATIONAL LABOR RELATIONS COMMISSION
(xxxxx Division), XYZ / ZZ,
Respondents.
x---------------------------------------x
PETITION FOR CERTIORARI
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure,
which seeks to annul the Decision and Resolution of the National Labor Relations Commission
(xxxxx Division) promulgated on 1 January 2009
44
and 1 January 2010,
45
The pertinent provisions of the Rules of Court requiring the payment of docket fees for the
purpose of filing this petition notwithstanding, the petitioner is exempted from the application thereof
pursuant to Section 16-D, Chapter 5, Title III, Book IV of E.O. No. 292, as amended by R.A. No.
9406 (Exempting Clients of PAO from Payment of Docket and Other Fees), Supreme Court
Resolution dated 12 June 2007 on A.M. No. 07-5-15-SC, and OCA Circular No. 121-2007 dated 11
December 2007.
on the ground as stated in
page 5 of this petition.
STATEMENT OF MATERIAL DATES
On 15 January 2009, the petitioner received a copy of the Decision of the public respondent,
National Labor Relations Commission (NLRC for brevity), promulgated on 1 January 2009, setting
44
Annex A Certified True Copy.
45
Annex B Certified True Copy.
aside the Decision of the Labor Arbiter dated 1 January 2008. Thus, on 30 January 2009, the
petitioner filed a Motion for Reconsideration, which was denied by the public respondent in a
Resolution promulgated on 1 January 2010, a copy of which was received on 15 January 2010.
In accordance with Section 4, Rule 65 of the 1997 Rules of Civil Procedure, as amended,
the petitioner has sixty (60) days from receipt of the resolution denying the Motion for
Reconsideration, or until 16 March 2010, within which to file a Petition for Certiorari.
The present petition is being filed within the prescribed period.
THE PARTIES
Petitioner AAA is of legal age and a resident of xxxxxxxxxxxxx. He is represented by the
Special and Appealed Cases Service of the Public Attorneys Office, with office address at the 5
th

floor, DOJ-Agencies Building, NIA Road corner East Avenue, Diliman, Quezon City, where notices
and other processes of this Honorable Court may be served.
The private respondent, XYZ, is a single proprietorship business engaged in construction,
owned and operated by private respondent ZZ. It may be served with notices and other legal
processes of this Honorable Court at xxxxxxxxxxxxxxxxxx.
The private respondents are represented by their counsel, the YY LAW FIRM, holding office
at xxxxxxxxxxxxxxxxxx.
The public respondent, NATIONAL LABOR RELATIONS COMMISSION (xxxxx Division),
may be served with notices and processes of this Honorable Court at the PPSTA Building, Banawe
Street, Quezon City. Pursuant to Section 5, Rule 65, it shall be the duty of the private respondents
to appear and defend both on their behalf and on behalf of the public respondent.
STATEMENT OF THE MATTERS INVOLVED
This case involves a complaint
46

for illegal dismissal and for money claims.
46
Certified true copy attached hereto as Annex C.
On 1 January 2000, the petitioner was employed by the private respondents as a helper.
He was given a meager salary of Two Hundred Twenty Pesos (P220.00) daily.
When the private respondents discovered sometime in January 2003 that the petitioner was
a union member, they started committing acts of discrimination against him.
On 1 February 2003, the private respondents supervisor, XX, asked the petitioner to
purchase three (3) pieces of adhesive used for connecting pipes. XX gave One Thousand Five
Hundred Ninety Pesos (P1,590.00) to the petitioner, One Thousand Five Hundred Pesos
(P1,500.00) of which was spent by the latter to purchase the items and Ninety Pesos (P90.00) of
which was used by him to buy his snack. This extremely angered the private respondents, who
deducted the said Ninety Pesos (P90.00) from his February salary.
The foregoing incident was followed by a series of

adverse acts against the petitioner, the
last of which was in December 2003, when he was informed that there were no more trucks left for
him to drive. He was, instead, advised to just check every now and then for the availability of any of
the trucks for driving.
Despite the apparent attempt of the private respondents to deprive the petitioner of his work,
he still reported for duty. However, on 15 December 2003, he was barred from entering the private
respondents premises. He was told that he was already dismissed. Although the petitioner
begged for an opportunity to have a dialogue with the management and to claim his earned salary
for the month, his pleas fell on deaf ears, which compelled him to file the instant case.
47
For its part, the private respondents explained that the petitioner was initially engaged in
January 2000 as a construction laborer, and was later promoted to the position of truck driver. His
functions include transporting personnel, equipment and materials to and from the construction
sites whenever the business is engaged in horizontal land development projects, and the delivery of
crude oil and/or diesel fuel whenever the business is otherwise engaged in leasing its heavy
equipment and machineries. Hence, he is only made to work whenever there was a need for his
services.

47
Complainants Position Paper (original duplicate copy attached hereto as Annex D), pp. 2-3.
On 1 February 2003, the petitioner was suspended for reckless driving while operating a
truck and for destroying the private respondents main gate. Consequently, he was required to
submit himself to a drug test, which he, however, failed to do.
On 1 March 2003, he was given the amount of One Thousand Seven Hundred Thirty Pesos
(P1,730.00) for the purpose of purchasing certain materials from ALS Industries. When he was
required to submit the necessary receipts, he alleged that he lost the same. However, upon
investigation, it was discovered that he pocketed the amount of One Hundred Fifty-six Pesos
(P156.00). When confronted, he requested that the said amount be credited as a cash advance.
On 30 December 2003, work at the last construction project of the private respondents
ceased and, therefore, all laborers, masons, carpenters and drivers operating trucks for
construction purposes were laid-off, including the petitioner. Since then, there had been no new
construction projects requiring the petitioners services.
48
The parties having filed their respective Replies,

49
the case was submitted for decision. On
1 January 2008, the Labor Arbiter rendered a Decision,
50
WHEREFORE, premises considered, judgment is hereby
rendered ordering respondent ZZ to pay complainant the following:
the dispositive portion of which reads:
Separation pay - P 42,432.00
Backwages - 275,641.60
Grand Total - P318,073.60
SO ORDERED.
Aggrieved, the petitioners filed a Notice of Partial Appeal with Memorandum of Partial
Appeal.
51
On 1 January 2009, the National Labor Relations Commission, xxxxx Division, (NLRC)
issued a Decision,
52
48
Respondents Position Paper (copy attached hereto as Annex E), pp. 2-4.
the dispositive portion of which states:
49
Original duplicate copy of the Complainants Reply attached hereto as Annex F; original duplicate
copy of the Respondents Comment attached hereto as Annex G.
50
Original duplicate copy attached hereto as Annex H.
51
Original duplicate copy attached hereto as Annex I.
52
Supra note 1.

WHEREFORE, premises considered, the decision of the labor
arbiter is SET ASIDE, and a new one entered dismissing the
complaint for lack of merit. However, respondent is ordered to
reinstate complainant to his former position but without backwages.
SO ORDERED.
The petitioners Motion for Reconsideration
53
filed thereafter was denied in a Resolution of
the NLRC promulgated on 1 January 2010.
54
Hence, this petition.

GROUND FOR THE ALLOWANCE OF
THE PETITION
The public respondent, National Labor Relations Commission, committed grave abuse of
discretion amounting to lack or excess of jurisdiction in reversing the Decision of the Honorable
Labor Arbiter, which reversal is contrary to law and applicable jurisprudence. It grossly
misappreciated evidence in arriving at its conclusion, so much so that if this palpably erroneous
ruling which is tantamount to grave abuse of discretion will not be corrected, it would cause grave
injustice and irreparable damage to the petitioner.
ISSUES PRESENTED FOR RESOLUTION
I
WHETHER THE NLRC COMMITTED GRAVE ABUSE OF
DISCRETION IN REVERSING THE LABOR ARBITERS FINDING
THAT THE PRIVATE RESPONDENTS FAILED TO DISCHARGE
THEIR BURDEN OF PROVING THE LEGALITY OF THE
PETITIONERS DISMISSAL.
II
WHETHER THE NATIONAL LABOR RELATIONS COMMISSION
COMMITTED GRAVE ABUSE OF DISCRETION IN RULING THAT
THE PETITIONERS COMPLAINT WAS PREMATURELY FILED.
III
WHETHER THE PETITIONERS ARE ENTITLED TO PAYMENT OF
BACKWAGES AND SEPARATION PAY IN LIEU OF
REINSTATEMENT.
53
Original duplicate copy attached hereto as Annex J.
54
Supra note 2.
DISCUSSION
THE NLRC COMMITTED GRAVE ABUSE OF DISCRETION IN REVERSING THE LABOR
ARBITERS FINDING THAT THE PRIVATE RESPONDENTS FAILED TO DISCHARGE
THEIR BURDEN OF PROVING THE LEGALITY OF THE PETITIONERS DISMISSAL.
At the outset, we reiterate the rule that in certiorari proceedings under Rule 65, this
Court does not assess and weigh the sufficiency of evidence upon which the labor arbiter
and public respondent NLRC based their resolutions. Our query is limited to the
determination of whether or not public respondent NLRC acted without or in excess of its
jurisdiction or with grave abuse of discretion in rendering the assailed resolutions. While
administrative findings of fact are accorded great respect, and even finality when supported
by substantial evidence, nevertheless, when it can be shown that administrative bodies
grossly misappreciated evidence of such nature as to compel a contrary conclusion, this
court had not hesitated to reverse their factual findings. Factual findings of administrative
agencies are not infallible and will be set aside when they fail the test of arbitrariness.
55
In reversing the Labor Arbiters ruling, the NLRC held, viz:

The decision appear (sic) vague and failed to discuss why
complainant was illegally dismissed. The Labor Arbiter simply relied
on the statement of the complainant that he was barred from entering
the premises (by whom) and was, therefore, illegally dismissed.
The decision simply ignored the claims and evidence of
respondents on the following matters:
xxx xxx xxx
The Labor Arbiter just believed complainants uncorroborated
testimony, without scrutinizing respondents (sic) evidence.
56
A careful perusal of the Labor Arbiters findings reveal otherwise. For clarity, pertinent
portions of the Labor Arbiters decision are worth quoting, viz:

The issues for resolution are: (1) whether complainant is a
project employee whose employment merely expired, hence, he was
not illegally dismissed; and (2) whether he is entitled to his money
claims.
55
Aklan Electric Cooperative Inc. v. NLRC, et al., G.R. No. 121439, 25 January 2000 (citations omitted).
56
NLRCs Decision, pp. 3-4.
On the first issue, we rule that complainant is a non-project
employee. While it may be conceded that respondent is engaged
in construction projects, it failed to present any evidence (in
particular, the employment contracts) that complainant was
indeed hired only for the duration of specific projects. Hence, we
cannot just rely on the self-serving allegation that respondents
last project was completed on 30 December 2003. For if it is true,
respondent should have complied with the reportorial
requirement upon completion of the project. That being the case,
we are constrained to rule that complainant is not project hired. But
(sic) a regular employee whose services can only be terminated for
just cause. In termination cases, the burden of proof rests upon the
employer to prove that the dismissal is for just cause, otherwise, the
employees discharge is illegal. In the present case, the respondent
failed to discharge said burden.
57
The foregoing ruling should be examined vis--vis the private respondents stance in their
position paper, viz:
(emphasis supplied)
xxx xxx xxx. Since the respondents are engaged in the
construction business, they are not required by law to continuously
hire the complainant, he not being part of the administrative
personnel, an engineer nor a mechanic, but as part of the pool of
construction workers who are hired only when there is work to
be done. xxx xxx xxx.
xxx xxx xxx
As a project employee, the complainant cannot claim that he
had been illegally terminated from employment as a result of the
lack of construction projects of the respondents.
58
Clearly then, prescinding from the private respondents contention, the Labor Arbiter
unquestionably pronounced that for lack of evidence that the petitioner was a project employee, he
is deemed a regular employee, whose termination must have been based on a just cause.
(emphasis
supplied)
Indeed, the petitioners status as a project employee remained unproven.
Nothing in the records would show that the petitioner was made to sign previous contracts
signifying his project employment. Not even the last project with which he was engaged (leasing of
the trucks to third persons) was supported by any written contract. In Abesco Construction and
Development Corporation, et al. v. Ramirez, at al.,
59
The principal test for determining whether employees are "project
employees" or "regular employees" is whether they are assigned to
the Honorable Supreme Court explained:
57
Labor Arbiters Decision, pp. 5-6.
58
pp. 5-7.
59
G.R. No. 141168, 10 April 2006.
carry out a specific project or undertaking, the duration and scope of
which are specified at the time they are engaged for that project.
Such duration, as well as the particular work/service to be
performed, is defined in an employment agreement and is made
clear to the employees at the time of hiring.
In this case, petitioners did not have that kind of agreement with
respondents. Neither did they inform respondents of the nature
of the latter's work at the time of hiring. Hence, for failure of
petitioners to substantiate their claim that respondents were
project employees, we are constrained to declare them as
regular employees. (emphasis supplied, citations omitted)
There was likewise no proof that the private respondents reported the project completion to
the nearest public employment office. Failure of the employer to file termination reports after
every project completion with the nearest public employment office is an indication that an
employee was not and is not a project employee.
60
Without a doubt, the petitioner was a regular employee, whose services may not be
terminated without any just or authorized cause and without the observance of the twin
requirements of procedural due process.

Surprisingly, the private respondents subsequently posited that the petitioner was merely
placed on floating status.
61
But the sudden change of theory did more damage than reparation to the private
respondents case. In Building Care Corporation v. NLRC, et al.,
This stance is of a dubious nature. It was obviously spurred by the
afore-quoted pronouncement of the Labor Arbiter, the private respondents not being able to negate
the said finding.
62
Complainant's (herein private respondent) claim that he was
suspended for no apparent reason for one week is borne out by the
logbook entry for February 11, 1988 and by his letter-explanation
dated March 28, 1988. It should also be noted that complainant stood
pat on this claim throughout the entire proceedings.
the Honorable Supreme
Court stamped with approval the following observation of the NLRC on the matter of presenting a
completely opposite allegation of fact, viz:
On the other hand, respondent, in its position paper filed on July 13,
1988, simply contended that complainant failed, without prior leave, to
60
Handbook on Pleadings, Practice and Procedure before the Labor Arbiters by Atty. Michael Anthony
N. Clemente, 2005 Edition, p. 140, citing Audion Electric Co., Inc. v. NLRC, 308 SCRA 340.
61
Memorandum of Partial Appeal, p. 7.
62
G.R. No. 94237, 26 February 1997.
report for work despite respondent's repeated instructions. In the
affidavits submitted on September 21, 1988, three of respondent's
employees averred that complainant was transferred to the day shift
and he quit his job because he was against such transfer. This is an
entirely new twist which did not appear in the memoranda and
logbook entries earlier submitted by respondent, nor even in its
position paper. For this reason, said averment appears to be an
afterthought, which cannot be given much weight. (emphasis ours;
citations omitted)
Under the Rules of Court, which is applicable in a suppletory character in labor
cases before the Labor Arbiter or the NLRC pursuant to Section 3, Rule I of the New Rules
of Procedure of the NLRC, defenses which are not raised either in a motion to dismiss
or in the answer are deemed waived.
63
As what can be deduced from the private respondents position paper, the petitioner was a
project employee whose employment was terminated upon completion of the project, thus: as a
project employee, the complainant cannot claim that he had been illegally terminated from
employment as a result of the lack of construction projects of the respondents.

64
This
position was reinforced by the private respondents in their Comment on the petitioners Position
Paper, by saying, and work on the last project of the respondent actually ended in
December 15, 2003, the complainant had simply not inquired from the respondent if there
was work available.
65
In their appeal, however, they abandoned the foregoing contentions and
adopted a totally opposite hypothesis that the petitioner was merely placed on floating status.
66

By arguing that the latter was re-assigned as a driver of one of the trucks formerly utilized in the
construction projects which had already been completed,
67
63
Emphasis ours, PCL Shipping Philippines, Inc., et al. v. NLRC, et al., G.R. No. 153031, December 14,
2006.
the private respondents, while
attempting to seek exemption from the reportorial requirement in the event of project completion,
64
Supra note 15.
65
pp. 8-9.
66
Supra note 18.
67
Respondents Memorandum of Partial Appeal, p. 7.
inescapably subscribed to the petitioners regular employment. Regular employment is
inconsistent with project employment.
68
Interestingly, they also averred at one point that the petitioner was demoted to a mere
helper and that he is no longer a truck driver.

69
This buttressed the petitioners statement that in
December 2003, he was advised that there was no longer any available truck for him to drive.
70
Be that as it may, as will be delved into shortly, the allegation of being placed on floating
status does not hold water, for there was a categorical statement that the petitioner was dismissed.

Moreover, the NLRC took note of the following facts purportedly culled from the private
respondents evidence, saying that the Labor Arbiter should not have shunted the same aside:
xxx xxx xxx
b) that there are no assigned security guards in the premises.
c) that there is no existing union in XYZ as would be the cause of his
being discriminated against.
d) that it was not only P90.00 that complainant misappropriated but
P150.00 xxx xxx xxx.
e) that complainant was required to submit to a drug test and to
present a Certificate in connection with the drug test but he failed to
comply therewith. xxx xxx xxx.
71
Insofar as the last two (2) particulars are concerned, the same are irrelevant. Even
assuming, without necessarily admitting, that the petitioner failed to submit a clearance for drug use
and he misappropriated the amount of One Hundred Fifty Pesos (P150.00), these facts do not have
a bearing on project completion or temporary lay-off, which are both premised on non-availability of
work.

The non-existence of a union is equally irrelevant, for as noted by the private respondents
themselves, the Labor Arbiter already ignored such fact.
72
Anent the alleged absence of a security guard in the company premises, suffice it to say that
it was not proven by the private respondents. All they offered were bare allegations and denials,

68
Labor Code of the Philippines Annotated by J.G. Chan, Volume II, pg. 659, citing Magcalas v. NLRC,
G.R. No. 100333, March 13, 1997.
69
Respondents Comment on the Position Paper of the Complainant, pp. 6-7.
70
Supra note 4.
71
NLRCs Decision, p. 4.
72
Respondents Memorandum of Partial Appeal, pp. 12-13.
which do not qualify as proof. They could have submitted, at the very least and without necessarily
admitting its sufficiency, an affidavit of any of their employees attesting to such fact, just as they did
in endeavoring to prove the completion of the so-called construction project and the
misappropriation allegedly committed by the petitioner.
73
They did not. As this issue goes to the
very core of the petitioners dismissal, it is incumbent for the private respondents to prove such an
allegation with concrete evidence, in line with the basic precept that the unflinching rule in illegal
dismissal cases is that the employer bears the burden of proof.
74

Absence of such proof
could only mean that the petitioners averment that the companys security guard barred him from
entering the premises, saying that he was already dismissed, was true.
THE NLRC COMMITTED GRAVE ABUSE OF DISCRETION IN FINDING THAT THE
PETITIONERS COMPLAINT WAS PREMATURELY FILED.
In finding that the petitioners complaint was prematurely filed, the NLRC stated that as
borne by the records, it was on 30 December 2003 when the petitioner and his co-workers were
temporarily laid-off, such that when the complaint was filed on 4 May 2003, six (6) months has not
yet lapsed.
75
In the first place, emphasis should be laid on the fact that the private respondents confirmed
the petitioners cessation of work to be on 15 December 2003.
We beg to differ.
76
This affirmed the petitioners
statement that the companys security guard barred him from entering the premises during the said
date. In accordance with the basic precept that all doubts should be resolved in favor of labor,
77
Second, under pain of being repetitive, it bears stressing that as the private respondents
could not prove that they complied with the requirements in project employment, they adopted the
floating status theory instead. In truth and in fact, however, their stance is actually cessation of a
the
petitioners averment should be given preference, as opposed to the unsubstantiated allegation of
the private respondents that they had no security guards in their employ.
73
Annexes 4 and 5 of the Respondents Position Paper.
74
Handbook on Pleadings, Practice and Procedure before the Labor Arbiters by Atty. Michael Anthony
N. Clemente, 2005 Edition, p. 348.
75
76
Supra note 27.
77
Article 4, Labor Code.
project, the leasing of the trucks in the interim falling within the concept of a project. A project
could also refer to a particular job or undertaking that is not within the regular business of
the corporation. Such a job or undertaking must also be identifiably separate and distinct
from the ordinary or regular business operations of the employer.
78
Obviously, the floating status theory was conveniently adopted to take advantage of the
fact that the complaint was filed prior to the expiration of the six (6) month period. This should not
be condoned.

Besides, Department Order No. 19, Series of 1993, [Guidelines Governing the Employment
of Workers in the Construction Industry], which specifically governs in the instant case, categorized
the employees in the construction industry as follows:
1. project employees; and
2. non-project employees.
Project employees are those employed in connection with a
particular construction project or phase thereof and whose
employment is coterminous with each project or phase of the project
to which they are assigned.

Non-project employees are those employed without reference to
any particular construction project or phase of a project.
79
A regular employee placed on floating status is not contemplated therein.

Hence, while it is conceded that the petitioner was subsequently informed that they were
laid-off temporarily beginning 30 December 2003,
80
Moreover, as already discussed, the floating status theory does not deserve merit due to
the following reasons: (a) the said theory totally contradicts the private respondents first stance,
that is, project completion; (b) the same was adopted by the private respondents only on appeal,
and is, thus, deemed waived; and (c) the private respondents denial of having a security guard is
unsubstantiated, thereby validating the petitioners contention that he was barred from the company
premises.
the same does not necessarily stamp validity to
the so-called placement of the petitioner on floating status.
78
Labor Code of the Philippines Annotated by J.G. Chan, Volume II, pg. 658, citing Cosmos Bottling
Corporation v. NLRC, G.R. No. 106600, March 29, 1996.
79
Labor Code of the Philippines Annotated by J.G. Chan, Volume II, pg. 657.
80
Complainants Motion for Reconsideration, p. 3.
Third, assuming, without necessarily admitting, that the floating status theory deserves
ample consideration, subsequent events further established actual dismissal. Around February
2004, the petitioner was informed by his co-workers that they had already been recalled and that
they were already working.
81
When the former reported to the private respondents office, however,
XX told him that he was already terminated. Even setting this statement aside, the recall of the
private respondents employees in February 2004 with the exception of the petitioner is proof of the
latters dismissal. After all, there is no question that the the employer may suspend his
business operation for less than six months but not more.
82
Therefore, whether the complaint was filed before the lapse of the six (6) - month period
does not matter.

THE PETITIONER IS ENTITLED TO PAYMENT OF BACKWAGES AND SEPARATION
PAY.

As fully elucidated above, the petitioners dismissal was without just cause. His dismissal,
therefore, was illegal. Consequently, he is entitled to payment of backwages, as it is well-settled
that the employer has to pay backwages as part of the price or penalty he has to pay for
illegally dismissing his employee.
83
In view of the strained relations of the petitioner and the private respondents, the
award of separation pay in lieu of reinstatement is also proper, in line with Hernandez v.
National Labor Relations Commission.

84
RELIEF

that the petition be given due course and after due consideration, the Decision and Resolution of
the National Labor Relations Commission, First Division, promulgated on 1 January 2009 and 1
81
Annex B of the Complainants Motion for Reconsideration.
82
83
Ibid, pg. 615, citing Philippine Industrial Security Agency Corporation vs. Dapiton, G.R. No. 127421, 8
December 1999.
84
G.R. No. 84302, 10 August 1989.
January 2010, respectively, be REVERSED and SET ASIDE, and the Decision of the Honorable
Labor Arbiter dated 1 January 2008 be REINSTATED.
Other reliefs just and equitable under the premises are likewise prayed for.
Quezon City for Manila.

15 March 2010.
Tel. Nos. 928-91-37/927-68-06

BY:

----------------------------------
Public Attorney IV
Roll No. xxxxx

----------------------------------
Public Attorney IV
Roll No. xxxxx

- and -

----------------------------------
Public Attorney II
Roll No. xxxxx

VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, ABC, of legal age, Filipino, and residing at xxxxxxxxxxxxx, after having been duly sworn to
in accordance with law, hereby depose and state:

1. I am the petitioner in the above-entitled case.

2. I have caused the preparation of the foregoing Petition for Certiorari.

3. I have read and understood the same and that all the statements therein are true, correct
and of my own personal knowledge, and based on authentic documents.

4. I hereby certify that: (a) I have not commenced any other action or proceeding involving the
same issues thereto with the Supreme Court, the Court of Appeals, or any other tribunal or agency;
(b) to the best of my knowledge, no such action or proceeding involving the same issues is pending
before the Supreme Court, the Court of Appeals, or any other tribunal or agency; (c) if there is any
action or proceeding involving the same issues pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I will state the status thereof; and (d) should I learn
thereafter that a similar action or proceeding involving the same issues is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or agency, I will report the fact within
five (5) days therefrom to this Honorable Court, and to the court where the original pleading has
been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ____________ in
Quezon City, Philippines.

ABC
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ____________ in Quezon City,
Philippines, affiant having exhibited to me his ____________ I.D. numbered ____________, issued
on __________ at ____________, and valid until ____________, bearing his photograph and
signature.

----------------------------------
Public Attorney II
(Pursuant to Republic Act No. 9406)

EXPLANATION

The foregoing Petition for Certiorari is being served by registered mail since personal
service is not practicable, because of limited number of messengers in the undersigneds office.

----------------------------------
Public Attorney II

COPY FURNISHED:

YY LAW FIRM Reg. Receipt No. _______
(Private respondents counsel)
Address

(xxxxx Division) Reg. Receipt No. _______
PPSTA Building, Banawe St.,
Quezon City

XYZ / ZZ Reg. Receipt No. _______
(Private respondents)
Address


COURT OF APPEALS
MANILA

CA-G.R. CV NO. xxxxx

HEIRS OF XYZ, REPRESENTED BY WW,
Plaintiffs-Appellants,

-versus-

AAA, REPRESENTED BY BBB AND CCC BANK,
Defendants-Appellees.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

BRIEF FOR THE
PLAINTIFFS-APPELLANTS

ATTY. ---------------------------
ATTY. ---------------------------

and

ATTY. ---------------------------

DOJ Agencies Building
NIA road, cor. East Avenue,

TABLE OF CONTENTS

Pages

I. Assignment of Errors 1

II. Statement of the Case

1-3
III. Statement of the Facts

3-4
Evidence for the Plaintiffs-Appellants
Evidence for the Defendants-Appellees

IV. Arguments

4-14
V. Prayer

14

AUTHORITIES CITED

i. Heirs of Felicidad Canque v. Court of
Appeals .

275 SCRA 741 (1997)
ii. Consolacion Lumahin de Aparicio v.
Hipolito Paraguya .

G.R. No. L-29771 May 29, 1987
iii. Philippine National Bank v. Court of
Appeals, et al...

G.R. No. 81524, February 4, 2000
iv. Mallari v. People of the Philippines
.

G.R. No. 153911, December 10, 2004
v. Serina v. Caballero

436 SCRA 593
vi. Calicdan v. Cendena 422 SCRA 272
vii. Rural Bank of Siaton, (Negros
Oriental), Inc. v. Felix Macajilos, et al.
.

G.R. No. 152483, July 14, 2006
viii. Aracleo Erasusta, Jr., et al. v. Court
of Appeals, et al. .

G.R. No. 149231, July 17, 2006
ix. Rule 132 of the Rules of Court
x. Philippine National Bank v. Court of
Appeals, et al...

G.R. No. 81524, February 4, 2000
xi. Article 2217 and 2218 of the Civil
Code

xii. Article 2208 of the Civil Code

APPENDIX A Decision

COURT OF APPEALS
Manila

HEIRS OF XYZ, Represented by
WW,
Plaintiffs-Appellants,

- versus - CA-G.R. CV NO. ______

AAA, represented by BBB and
CCC Bank,
Defendants-Appellees.
x-------------------------------------x
BRIEF FOR THE PLAINTIFFS-APPELLANTS

ASSIGNMENT OF ERRORS

I

THE COURT A QUO GRAVELY ERRED IN NOT FINDING THAT
THE SUBJECT LOT CORRESPONDS TO THAT POSSESSED AND
OWNED BY THE PLAINTIFFS-APPELLANTS.

II

THE COURT A QUO GRAVELY ERRED IN NOT RULING THE
PLAINTIFFS-APPELLANTS AS PRIOR AND ACTUAL
POSSESSORS, AND HENCE, LAWFUL OWNERS OF THE
SUBJECT LAND.

III

THE COURT A QUO GRAVELY ERRED IN NOT RULING THAT THE
OWNERSHIP BY THE PLAINTIFFS-APPELLANTS PREVAILS OVER
THE CLAIM OF OWNERSHIP BY THE MORTGAGEE BANK.

STATEMENT OF THE CASE
The instant case involves an action for quieting of title, annulment of Declaration of Real
Property (ARP), with claim for damages.
In their Complaint, the plaintiffs alleged, among others, that they are the heirs of the late
XYZ, who died sometime on January 1988. During his lifetime, XYZ owned and possessed Lot No.
1 (erroneously declared as Lot No. 2, which is a separate and distinct parcel of land), covered by
Tax Declaration Nos. 1, 2, 3 and 4, and more particularly described as follows:

A stonyland located at xxxxxxx consisting of xxx sq. ms.; It is
bounded on the North by Lot No. 3; on the East by a river; on the
south by Lot No. 4 and on the West by a river.
85

The ownership and possession by the late XYZ of the subject land started way back in the
1940s when he cleared the same, cultivated and introduced improvements thereon. Upon his
death, his children, particularly WW, continued his possession and ownership thereof up to the
present, cultivating and introducing improvements thereon.
AAA, claiming to be the owner of Lot No. 1, mortgaged the same to the CCC Bank.
Although the tax declaration he used in mortgaging the land identified the land as Lot No. 1, its
description refers to another land.
For his failure to redeem the property, it was foreclosed and sold at public auction, with the
CCC Bank as the highest bidder. The description of the land as appearing in the new Tax
Declaration subsequently issued is the same as the description of the land of the plaintiffs, which is
Lot No. 1.
The CCC Bank countered in its Answer with Counterclaim and Special Affirmative Defenses
that Lot No. 1 was not erroneously declared as Lot No. 2. The former is actually owned by AAA,
the same having been surveyed for him on 1 January 1973, while the latter is the one actually
owned by the plaintiffs.
The fact is, AAA occupied, developed, cleared and cultivated the property in question
continuously until his death. Sometime thereafter, the plaintiffs intruded into such property.
For failure of defendant AAA, as represented by BBB, to answer, he was declared in default
by virtue of an Order dated 1 January 2002. The CCC Bank was later represented by the Philippine
Deposit Insurance Company (PDIC for brevity), acting as liquidator thereof.
85
Complaint, p. 2; Exhibit B.
After the plaintiffs rested their case, a Motion to Dismiss (Demurrer to Evidence) was filed by
the PDIC, which was denied in an Order dated 1 January 2006. The Motion for
Reconsideration/Motion to Transfer Hearing that the PDIC subsequently filed was also denied in an
Order dated 1 February 2006.
The PDIC having presented its evidence and having submitted its Memorandum, the case
was deemed submitted for decision. On 1 January 2007, the Regional Trial Court of xxxxx City,
Branch xxx, issued a Decision,
86

WHEREFORE, premises considered, this Court finds for
defendant CCC Bank and rules against plaintiffs and thus:
1. Dismisses the complaint for lack of merit;
2. Declares defendant CCC Bank as the lawful owner of the
property; and
3. Orders the plaintiff to surrender possession of lot no. 1 to CCC
Bank.
SO ORDERED.
Aggrieved, the plaintiffs appealed the adverse ruling.
STATEMENT OF THE FACTS
EVIDENCE FOR THE PLAINTIFFS-APPELLANTS:
The plaintiffs presented the testimonies of WW, daughter of XYZ; and XX, YY and ZZ,
neighbors of XYZ and his family.
Among the properties owned by XYZ were Lot Nos. 2 and 1 located at xxxxxxxxxx. He had
been in possession of the said lots since the 1940s. At that time, the land was still pasture land and
forest land. The improvements thereon, particularly agricultural plantings, were introduced by XYZ
and later, by his children. Some constructions were even done with the help of YY. From then to
the present, they are the ones occupying, cultivating and receiving the fruits of the land. AAA or his
daughter, BBB, never owned the said land or even any property adjacent thereto.
86
Original duplicate copy attached as Appendix A.
In 1976, XYZ and his family discovered that BBB sold Lot No. 1 to then DDD. Prompted by
the sale, the heirs of XYZ went to the Assessors Office to check on the records of the land and
discovered that the property was being claimed by AAA.
She, thus, applied for the titling of the subject property. Ocular inspection revealed that XYZ
and his heirs were the first occupants thereof.
87

EVIDENCE FOR THE DEFENDANTS-APPELLEES:
On the other hand, the defendant bank presented the testimony of Dr. DDD, Assistant
Manager of the Philippine Deposit Insurance Corporation. Defendant AAA, as represented by BBB,
was declared in default by virtue of an Order dated 1 January 2002.
The subject property was covered by a Real Estate Mortgage entered into by the CCC Bank
and AAA. Supporting ownership of the latter was a tax declaration in his name. Due to non-
payment of the loan, it was foreclosed and finally bought by the mortgagee bank after expiration of
the period of redemption. Thus, ownership was vested in it. As per the Municipal Assessors
Office, the property consolidated by CCC Bank is the same property subject of the instant case.
88
ARGUMENTS

In support of the first assigned error:

I

THE COURT A QUO GRAVELY ERRED IN NOT FINDING THAT
THE SUBJECT LOT CORRESPONDS TO THAT OWNED BY THE
PLAINTIFFS-APPELLANTS.

At the outset, it bears stressing that It is settled that factual findings of the trial court will
not be disturbed on appeal unless the court has overlooked or ignored some fact or
circumstance of sufficient weight or significance, which, if considered, would alter the result
of the case.
89
87
TSN, 1 January 2003, pp. 6-21; 1 February 2003, pp. 2-7; 1 March 2003, pp. 3-6; 1 April 2004, pp. 3-
6; 1 May 2005, pp. 4-10; TSN, 1 June 2005, pp. 4-6.
(citations omitted). The instant case falls within the established exception.
88
TSN, 1 July 2007, pp. 3-11.
89
Heirs of Felicidad Canque v. Court of Appeals, 275 SCRA 741 (1997).
In finding against the plaintiffs-appellants, credence was accorded by the court a quo on Tax
Declaration No. 5
90
as proof of the ownership of AAA. Shunt aside was the Declaration of Real
Property (ARP No. 6)
91
Tax
Declaration
No. 4
in the name of the bank and the tax declarations in the name of XYZ. For
clarity and convenience, the following illustration is hereby presented to establish the fact that the
lands referred in the Declaration of Real Property (ARP No. 6) in the name of the bank and in Tax
Declaration No. 6 in the name of XYZ are one and the same:
92
New tax declaration

Tax under this declaration begins
with the year 1954
North AR
South AD
East Barrio road
West River
Tax
Declaration
No. 3
93
Cancels Tax Declaration No. 4

with the year 1974
North AR
South AD
East Barrio road
West River
Tax
Declaration
No. 2
94

with the year 1980
North Lot 3
South Lot 4
East River
West River
Tax
Declaration
No. 1
95

with the year 1985
North Lot 3
South Lot 4
East River
West River
ARP No. 6
96
North Lot 3
South Lot 5
East River
West River

It is clear from the Cadastral Land Map
97
Anent any disparity in the land area, it has been settled that the correct boundaries of a
land prevail over the discrepancy as regards its area.
that the property south of the subject lot is not
divided into two (2) horizontal lots. Hence, the property south of the subject lot could only refer to
Lot No. 5 and not Lot No. 4.
98
90
Exhibit 2.

91
Exhibit E.
92
Exhibit D.
93
Annex C-2 of the Complaint.
94
Exhibit C.
95
Exhibit B.
96
Exhibit 2.
97
Marked as Exhibit M, offered as Exhibit H.
98
Consolacion Lumahin de Aparicio v. Hipolito Paraguya, G.R. No. L-29771, 29 May 1987.
From the foregoing, it can be readily deduced that the lot covered by the tax declarations of
XYZ is the same lot covered by the banks Declaration of Real Property (ARP No. 6). Such a
conclusion is reinforced by the observation of ALS, Special Investigator II of the Department of
Environment and Natural Resources (DENR) in her Report on the Protest,
99
The Intervenors (mortgagee bank in the instant case) state that the
Protestants have no valid claim on the lot subject matter of dispute, as
it is very clear that the Tax declarations submitted by the Protestants
refer to Lot No. 2 and not Lot No. 1. A closer scrutiny of the tax
declarations submitted by the Protestants would reveal that though
there might be a different Lot Number assigned to Lot No. 1 in the tax
declarations made by the Protestants, the declared adjoining owners
remain the same. The adjoining owners declared in the 1954 tax
declaration are the same adjoining owners declared in the
subsequent tax declarations though these were assigned as
pertaining to Lot No. 2. On the North, it was declared to have been
bounded by AR, on the South AD, on the East Barrio Road and on
the West River. The land area has also been declared as more or
less with an area of xxxxx square meters which made a minimal
increase after the cadastral survey and became xxxxx square meters.
In contrast, the land which the Intervenors are referring to as the
land the Protestants truly owns is Lot No. 2, which has also been
declared by the late XYZ with an area of more or less xxxx square
meters with adjoining Owners: MY on the North, AB on the South, on
the East the Barrio Road and on the West ST. This is supported
by a Tax declaration incorporated in the records of the case to support
the Protest. The B.L. Form V-37 of the Bureau of Lands would
reveal that Lot No. 2 was surveyed in the name of XYZ on
January 1, 1973 and its land area reduced to a mere xxx square
meters, a far cry from the area of xxxxx being declared by XYZ in
his other tax declaration. These facts creates a presumption that
XYZ has been declaring for tax purposes more than one parcel of
land as made evident by the discrepancy in the land area and two
distinct tax declarations. Further a closer scrutiny of the xerox
copy of the survey notification card would reveal that the original
name written on it indicated XYZ as the survery claimant,
however, it was corrected and AAA was written and the name
XYZ crossed out.
which states:
100

The failure of the Cadastral Land Map to reflect the actual owners and possessors of
the land and the consequent mistake in the assigned lot numbers is further substantiated
by XX, when he positively declared that he is the owner of Lot No. 5, appearing in the
99
Exhibit G.
100
p. 7.
Cadastral Land Map as being owned by XYZ, albeit falsely.
101
Significantly, the lot covered by Tax Declaration No. 5 in the name of AAA is
bounded on the north by the Barrio Road and a lot owned by KA; on the south by a lot
allegedly owned by the defendant; and on the East and West by rivers. The said
boundaries point to Lot No. 6. Furthermore, the boundaries as reflected in the tax
declaration in the name of AAA is contrary to that indicated in the Declaration of Real
Property (ARP No. 6) offered in evidence by the bank itself, which is bounded on the north
by Lot No. 3; on the South by Lot No. 5; and on the East and West by rivers. In view of the
foregoing discrepancies, the authenticity and truthfulness of Tax Declaration No. 5 is
placed in serious doubt.
The defendant bank neither
impaired the credibility of XX nor belied his testimony.
In support of the second assigned error:

II

THE COURT A QUO GRAVELY ERRED IN NOT RULING THE
PLAINTIFFS-APPELLANTS AS PRIOR AND ACTUAL
POSSESSORS, AND HENCE, LAWFUL OWNERS OF THE
SUBJECT LAND.

Notwithstanding the foregoing, it was sufficiently proven by the plaintiffs-appellants that they
were in prior possession of the land. At this juncture, it is worthy to note that we are here
dealing with unregistered land. Thus, in the absence of a certificate of title, the trial court
had to rely on the other pieces of evidence submitted by both parties to prove their
respective claims of ownership.
102
101
TSN, 1 April 2004, pp. 7-8.
Evidence for consideration obviously includes not only the
tax declarations, but the testimonies of the witnesses presented by both parties as well.
102
Philippine National Bank v. Court of Appeals, et al., G.R. No. 81524, 4 February 2000.
In the absence of the testimony of AAA or his daughter,
103
The testimonial evidence proffered by the bank could in no way establish the nature of
ownership of AAA and disprove the ownership of the plaintiffs-appellants, for no person who has
personal knowledge about information relative thereto was ever presented. Dr. DDD, the sole
witness for the bank, admitted:
the testimonial evidence of WW,
XX, YY and ZZ bear substantial weight. They testified that the late XYZ had long been occupying
and improving the land, his possession having started way back in the 1940s and that the said
possession was and still is open, exclusive, public, continuous and adverse to the whole world.
Note that their testimonies were straightforward and categorical declarations of the ownership of the
subject land by XYZ. The defendant bank neither impaired the credibility of the said witnesses nor
belied their testimonies in open court.
Q. And those documentary evidence came from the bank?
A. Yes, sir.
Q. When was it turned over to you?
A. This was turned over by the previous deputy to me on
January 1, 2005, but there were previous deputy
liquidators that turned over the bank on January 1, 2002.
Q. So, as the liquidator, you were not concerned as to who is the
real owner of the land, am I correct?
A. We were concerned of the owner because it is CCC Bank.
Q. But you never tried to verify who is the real or true
previous owner of that land before CCC Bank?
A. As of now, we have not gone there, but we just base (sic)
on our notes.
104

(emphasis supplied)
Witnesses can testify only with regard to facts of which they have personal
knowledge. Testimonial or documentary evidence is hearsay if it is based, not on the
personal knowledge of the witness, but on the knowledge of some other person not on the
witness stand. Consequently, hearsay evidence -- whether objected to or not -- has no
probative value unless the proponent can show that the evidence falls within any of the
103
Order dated 1 January 2002.
104
TSN, 1 July 2007, pp. 12-13.
exceptions to the hearsay rule, as provided in the Rules of Court
105
The bank may argue that Tax Declaration No. 5, assuming the same to be an authentic
public document and thus, excepted from the hearsay rule, deserves due consideration. However,
while it may be admitted as proof, its weight is an entirely different matter. Taken in the light of the
categorical and straightforward declarations of the plaintiffs-appellants witnesses, it does not prove
ownership by AAA of the subject land. Tax declaration does not by itself give title and has a
little value in proving ones ownership, tax declarations are not conclusive evidence of
ownership if not coupled with the fact of possession.
(emphasis supplied).
Clearly, none of the exceptions apply in the present case.
106
Besides, a careful perusal of the tax declarations at hand would reveal that the lots covered
in Declaration of Real Property (ARP No. 6) in the name of the bank and in Tax Declaration No. 4 in
the name of XYZ are one and the same. That covered by Tax Declaration No. 5 is more likely to
refer to another land.

Even assuming that the lot covered by Tax Declaration No. 5 is the same as the subject lot,
the plaintiffs-appellants possession of the land antedated that of AAA. As sufficiently discussed,
the property may be traced back to Tax Declaration No. 4,
107
which showed the plaintiffs-appellants
possession since 1954,
108
whereas, the possession of AAA only began in the year 1971.
109
In the report of ALS of the DENR, the prior possession of the subject land by the plaintiffs-
appellants is beyond cavil, thus:

It is to be observed that the Protestant (plaintiffs-appellants in the
instant case), has been in possession of the land subject matter
of dispute even prior to the outbreak of the Second World war. In
fact, the Protestant XYZ had been declaring the same for tax
purposes since 1954 as evidenced by a xerox copy of the tax
declaration submitted in evidence.
xxx
In the conduct of the Ocular Inspection, it was found that it was
the Heirs of XYZ who were in actual possession of the land
subject matter of controversy. In fact, the stoney and sandy land
105
Mallari v. People of the Philippines, G.R. No. 153911, 10 December 2004.
106
Serina v. Caballero, 436 SCRA 593; Calicdan v. Cendena, 422 SCRA 272.
107
Exhibit D.
108
Ibid, p. 2.
109
Exhibit 2.
referred to in the tax declaration of AAA and marked in the tax
mapping of xxxxxxxxxx and the Cadastral survey as pertaining to AAA
was found to be in the actual possession of the Heirs of XYZ. The
xxxxx square meters referred to in the tax declaration of AAA
was nowhere to be found. Also, a closer look at the dates of the tax
declarations of AAA would reveal that the earliest presented tax
declaration was dated in 1971. No date earlier than 1971 was
presented, nor were there any documents presented to prove that
AAA inherited the same from his predecessors-in-interest in their
names to make concrete the claim that he inherited the same.
The actual, continuous and notorious possession by XYZ and his
Heirs have been supported by the testimony of the owner of the
land immediately adjoining Lot No. 1, in the person of Mrs. ZZZ.
This is further strengthened by other Affiants, who are the
barangaymates of XYZ and who personally know the late AAA
and they are in unison in their testimony that it was the late XYZ
whom they saw clearing, cultivating and occupying Lot No. 1 and
not AAA, whom they knew did not own any parcel of land at
xxxxxxxxxx.
In the conduct of the Ocular Inspection the Undersigned found
the Protestants in the actual possession and occupation of the
land subject matter of the case. In fact, all the improvements
therein were introduced by them and not a single improvement
was introduced by the Respondents.
Found in Lot No. 1 were trees and agricultural crops and a small
make shift hut made of light materials, all of which were introduced by
the Heirs of XYZ. The Respondent Mrs. BBB went further to
comment that the Heirs of XYZ did not give her a portion of the
harvest and the Heirs of XYZ refuted said statement by emphasizing
that the said land belonged to their Father and the Respondent did not
have any right to participate in the division of the harvest as the land
was not owned by her Father, but owned by XYZ. No evidence was
ever presented by the Respondent to substantiate her claim. By her
actuations, she has intentionally refused to participate in the
continuance of the investigations on the above-noted case.

RECOMMENDATION:
1. That the above-entitled Protest be UPHELD for its merit.
2. That the Protestants should be given preferential claim over
the land subject matter of a Free Patent Application, by virtue
of their actual, continuous and notorious possession of the
land subject of dispute.
110

In support of the third assigned error:

III

110
Exhibit G, pp. 6, 9.
THE COURT A QUO GRAVELY ERRED IN NOT RULING THAT THE
OWNERSHIP BY THE PLAINTIFFS-APPELLANTS PREVAILS OVER
THE CLAIM OF OWNERSHIP BY THE MORTGAGEE BANK.

As may be gleaned from the documentary evidence presented by the defendant bank, the
only matters proven are the following facts: (a) AAA mortgaged the property in favor of the bank;
111

(b) the basis of ownership by AAA of the property in question submitted to the bank for the latters
consideration is Tax Declaration No. 5;
112
(c) the property was foreclosed and sold at public auction,
with the mortgagee bank as the only bidder;
113
(d) the property was not redeemed by defendant
AAA within the one (1) year redemption period, thus, it was definitively sold to the mortgagee
bank;
114
(e) the bank thereafter declared the property as its own;
115
and (f) the Assessors Office
registered the land in favor of the bank.
116
Notably, no proof was proffered by the bank to the effect that the mortgagee bank
ascertained if there was any flaw in the title of AAA and that it examined the condition of the
property prior to the acceptance of the mortgage an indispensable requirement on the part of the
mortgagee bank.

For lack of any evidence proving that an investigation or ocular inspection was conducted,
the most logical conclusion is that the mortgagee bank merely relied on the tax declaration
submitted by AAA in approving the mortgage. Not being a conclusive evidence of ownership and
not being an evidence as convincing as a certificate of title, it was incumbent upon the mortgagee
bank to determine the true ownership of the property. At the very least, it should have conducted
an ocular inspection of the lot. Had they conducted an ocular inspection, they would readily see that
the plaintiffs-appellants are in actual possession of the land. For the mortgagee banks failure to do
so, its right is defeated by the prior possession and actual ownership of the lot by the plaintiffs-
appellants. One who purchases an unregistered land does so at his peril. His claim of
having bought the land in good faith, i.e., without notice that some other person has a right
111
Exhibit 1.
112
Exhibit 2.
113
Exhibit 3.
114
Exhibit 4.
115
Exhibit 5.
116
Exhibit 6.
to, or interest in, the property, would not protect him if it turns out that the seller does not
actually own the property. Nevertheless, the application of this doctrine will not affect the
outcome of this case. (RBSI) bought the property during the auction sale at its own peril
and must suffer the consequences of its failure to investigate the true owners of the subject
property who turned out to be respondents (Macajilos brothers).
117
A banking institution is expected to exercise due diligence before entering into a
mortgage contract. The ascertainment of the status or condition of a property offered to it
as security for a loan must be a standard and indispensable part of its operations.

118
It bears stressing that the tax declaration relied upon by the mortgagee bank was not even
stamped certified by the issuing public officer as a true copy of the original, which should have
cautioned the mortgagee bank in accepting the mortgage. Evidently, the submitted document does
not qualify as proof in accordance with Rule 132 of the Rules of Court, viz:

SECTION 24. Proof of official record. The record of public
documents referred to in paragraph (a) of Section 19, when
admissible for any purpose, may be evidenced by an official
publication thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the Philippines, with a
certificate that such officer has the custody. If the office in which
the record is kept is in a foreign country, the certificate may be made
by a secretary of the embassy or legation, consul general, consul,
vice consul, or consular agent or by any officer in the foreign service
of the Philippines stationed in the foreign country in which the record
is kept, and authenticated by the seal of his office.

What is more, the said tax declaration stated that it was new, beginning in the year 1971,
and it is notable that the number 1 was merely handwritten while the numbers 197 were
typewritten.
119
This reveals the suspicious nature of the document. On this matter, the case
Philippine National Bank v. Court of Appeals, et al.
120
The theory of defendant PNB is that it acted in good faith in
accepting the land in question as collateral for the loan obtained by
deserves consideration. In the said case,
117
Rural Bank of Siaton, (Negros Oriental), Inc. v. Felix Macajilos, et al., G.R. No. 152483, 14 July 2006.
118
Aracleo Erasusta, Jr., et al. v. Court of Appeals, et al., G.R. No. 149231, 17 July 2006.
119
Exhibit 2.
120
G.R. No. 81524, 4 February 2000.
defendant Manuel de los Santos. A cursory examination, however, of
the documents submitted by defendant Manuel de los Santos to the
defendant PNB would not justify such claim of good faith. The
documents are by themselves dubious in nature and unreliable.
Thus only one Tax Declaration (Exhibit 10) in the name of
defendant Manuel de los Santos was submitted to the defendant
PNB which, on its face, appears to be newly issued to him in the
year 1974. In said Exhibit 10, it is indicated that it cancelled Tax
Declaration No. 7591, (Exhibit A) and the name of the previous owner,
Consuelo Yu, was clearly typewritten thereon. This circumstance
alone would put a reasonable man to inquire into the basis of the
cancellation of the previous declared owner's tax declaration or at
least to require the defendant Manuel de los Santos to produce the
document of conveyance of the property by the previous declared
owner, Consuelo Yu, to him (de los Santos). Defendant PNB
apparently failed to do this. Had it investigated the matter, it could
have easily known that the issuance of Tax Declaration No.
40055 (Exhibit 10) in the name of Manuel de los Santos was upon
the latter's self-serving affidavit, dated December 13, 1973,
(Exhibit C) which is basically not a mode of conveyance of title
or ownership over the property to defendant Manuel de los
Santos, nor could it operate to divest the owner of her title and
ownership thereof. By legal presumption, defendant PNB is
bound to know that which he has failed to find out due to his
inaction or improvidence. (emphasis supplied)

In fine, the identity of the subject lot was proven to be that possessed by XYZ since 1954.
Accordingly, the tax declaration in the name of AAA smacks of uncertainty and suspicion. Even a
comparison of the tax declarations in the name of XYZ and AAA would reveal that the possession
by the former antedates that of the latter. Thus, the mortgagee bank must suffer the consequences
of its failure to inquire into the real status and ownership of the property mortgaged.

P R A Y E R

that the Decision dated the 1 January 2007 rendered by the Regional Trial Court of xxxxxxxxxx,
Branch xx, be REVERSED and SET ASIDE and a new one be rendered, thus:
1. Declaring XYZ and his heirs as the prior and actual possessors of the subject
land, and consequently, as the lawful owners of the subject property; and,
2. Declaring the Declaration of Real Property (ARP No. 6) as null and void, the
CCC Bank not having acquired rights better than that of AAA, who was not
the true and lawful owner of the subject property.
Quezon City for Manila
1 March 2010.
Tel. Nos. 928-91-37/927-68-06

BY:

----------------------------------
Public Attorney IV
Roll No. xxxxx

----------------------------------
Public Attorney IV
Roll No. xxxxx

- and -

----------------------------------
Public Attorney II
Roll No. xxxxx

EXPLANATION

The foregoing Appellants Brief is being served by registered mail since personal service is
not practicable, because of distance and limited number of messengers in the undersigneds office.

----------------------------------
Public Attorney II

COPY FURNISHED:

ATTY. EE Reg. Receipt No. __________
(Counsel for the Defendants-Appellees)
Address



COURT OF APPEALS
MANILA

CA-G.R. CV NO. xxxxx
(Confirmation of Perpetual Road Right of Way)

XXX and SPOUSES YYY and ZZZ,
Plaintiffs-Appellees,

-versus-

AAA, BBB, CCC, DDD and EEE,
Defendants-Appellants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

BRIEF FOR THE PLAINTIFFS-APPELLEES

ATTY. ---------------------------
ATTY. ---------------------------

and

ATTY. ---------------------------

DOJ Agencies Building
NIA road, cor. East Avenue,
TABLE OF CONTENTS

Pages
VI. Statement of the Case

. 1-3
VII. Statement of the Facts

. 3-4
Evidence for the Plaintiffs-
Appellees

Evidence for the Defendants-
Appellants

VIII. Arguments

. 4-9
IX. Prayer

. 10

AUTHORITIES CITED

xiii. Article 649, Civil Code
xiv. Woodridge School, Inc., et al. v. ARB
Construction Co., Inc.
.

G.R. No. 157285, February 16,
2007
xv. Tuason and Co., Inc. v. Land Tenure
Administration, et al. ..

G.R. No. L-21064, February 18,
1970
xvi. National Power Corporation v. Manubay
Agro-Industrial Development Corporation

G.R. No. 150936, August 18, 2004
xvii. Section 24, Rule 132 of the Rules of
Court

xviii. Tanjangco v. Jovellanos, et al. . G.R. No. L-12332, June 30, 1960
xix. Martirez v. Cokieng, et al. G.R. No. 150192, February 17,
2005

COURT OF APPEALS
Manila

XXX and SPOUSES YYY and ZZZ,
Plaintiffs-Appellees,

- versus - CA-G.R. CV NO. ______

AAA, BBB, CCC, DDD and EEE,
Defendants-Appellants.
x------------------------------------x

BRIEF FOR PLAINTIFFS-APPELLEES

STATEMENT OF THE CASE
This is an action for confirmation of a perpetual road right of way.
In their Complaint, the plaintiffs alleged, among others, that they are the owners of parcels
of land located at xxxxxxxxxxxxxxxxxxx, and more particularly described as follows:
1) A parcel of land located at xxxxxxxxxxxxxxxx with an
area of xxx sq. meters Southern Portion under ARP No. 1
declared in the name of YYY; and,
2) A parcel of land located at xxxxxxxxxxxxxxxx with an
area of xxx sq. meters Middle Portion under ARP No. 2 declared
in the name of XXX;
Defendants, on the other hand, are the co-owners of a parcel of land fronting the properties
of the plaintiffs, and more particularly described as follows:
A parcel of land classified as Unirrigated Riceland and
Residential Lot located at xxxxxxxxxxxxxxxx with an area of xxx
sq. meters under ARP No. 3 with an assessed value of
P8830.00.

Originally, the said properties were owned by one XYZ. The said owner gave them a
perpetual right of way, which was traversing the middle of his property. They have been using the
same since 2003.

After the death of the said owner, however, the defendants constructed a perimeter fence at
the southern portion of their property, depriving them of their perpetual right of way. Although they,
in turn, started constructing improvements thereon, the defendants tried to close the same.
The plaintiffs sought to have the matter settled before the Office of the Barangay Captain,
but to no avail. Their subsequent efforts to amicably settle the case via the Public Attorneys Office
also turned out futile, as the defendants were demanding the amount of Two Thousand Five
Hundred Pesos (P2,500.00) per square meter.
In their Answer with Compulsory Counterclaim, the defendants countered that there was no
agreement between the plaintiffs and the defendants predecessor-in-interest as to the granting of
the right of way.
Moreover, as per cadastral survey, the land where the alleged right of way is located is
covered by Lot No. 3, which is owned by the defendants. The lots owned by the plaintiffs came
from Lot No. 4. If they are indeed entitled to a right of way, it should be taken from the latter.
Also, Lot No. 4 is in a location with the shortest distance to the road, where ingress or
egress from the same can be had.
As counterclaim, the defendants sought payment of moral and exemplary damages, in view
of the malicious and baseless nature of the suit. They also sought to recover their lawyers
acceptance and appearance fees.
In due course, the sole issue left for the resolution of the court boiled down to the
determination of the amount which the plaintiffs should pay for the right of way.
121
On 1 January 2008, the Regional Trial Court of xxxxxxxxxxxxxx, Branch xx, rendered a
Decision,

122
WHEREFORE, this Court determines the indemnity to be paid by
the plaintiffs for the right of way as follows --
38 sq. meters at P700.00 per sq. meter or P26,600.00
P6,000.00 for loss or reduction of the produce from the mango
inside the right of way

P5,000.00 for other consequential damages
121
RTC Decision, p. 3.
122
Annex A of the Appellants Brief.
or a total of THIRTY-SEVEN THOUSAND SIX HUNDRED PESOS
[P37,600.00] for the road right of way established in defendants
property.
xxx xxx xxx
SO ORDERED.

Not satisfied with the above decision, the defendants appealed.
COUNTER STATEMENT OF THE FACTS
EVIDENCE FOR THE PLAINTIFFS-APPELLEES:
As per the Certification as to the zonal value of the land in xxxxxxxxxxxxxxxx,
123
the right of
way, being along the Barangay Road, is valued at Eighty Pesos (P80.00) to Ninety Pesos (P90.00)
per square meter.
124
EVIDENCE FOR THE DEFENDANTS-APPELLANTS:
However, the amount of Sixty Pesos (P60.00) is reasonable under the
circumstances.
As per the property record form issued by the Provincial Assessor of xxxxxxxx,
125
Moreover, a mango tree owned by the defendants is traversed by the said right of way. The
tree produces 20 kaings of mangoes per year, valued at Two Hundred Pesos (P200.00) per kaing,
or a total of Four Thousand Pesos (P4,000.00) a year. From the time the plaintiffs laid a claim on
their purported right of way in 2003, the defendants were deprived of the produce of the said tree
amounting to Twenty Thousand Pesos (P20,000.00).
the
defendants land, consisting of six hundred ninety (690) square meters, has a market value of only
One Thousand Four Hundred Fifty-four Pesos and 65/100 (P1,454.65). However, as they will be
deprived of the use of their property, the amount of Two Thousand Pesos (P2,000.00) and an
additional amount of Twenty Thousand Pesos (P20,000.00) are reasonable under the
circumstances.
123
Annex D of the Plaintiffs Memorandum.
124
Plaintiffs Memorandum, pp. 2-3.
125
Annex 1 of the Defendants Memorandum.
As they were constrained to engage the services of a counsel to protect their rights, they are
entitled to recover Twenty Thousand Pesos (P20,000.00) representing their lawyers acceptance
fee and a total amount of Four Thousand Five Hundred Pesos (P4,500.00) as appearance fee.
126
Aside from the zonal valuation for xxxxxxxxxxxxxxxxxx,

127
that of xxxxxxxxxxxxxxx
128
ARGUMENTS
should
also be taken into consideration.
In refutation of the lone assigned error:

THE COURT A QUO DID NOT ERR IN THE DETERMINATION OF
THE VALUE OF THE PROPERTY TAKEN BY THE PLAINTIFFS-
APPELLEES AS ROAD RIGHT OF WAY.

In the case of a legal easement, Article 649 of the Civil Code prescribes the
parameters by which the proper indemnity may be fixed. Since the intention of petitioners is
to establish a permanent passage, the second paragraph of Article 649 of the Civil Code
particularly applies:
Art 649. xxx xxx xxx
Should this easement be established in such a manner that its use
may be continuous for all the needs of the dominant estate,
establishing a permanent passage, the indemnity shall consist of
the value of the land occupied and the amount of the damage
caused to the servient estate. xxx.
129

(emphasis supplied)
As the sole issue to be determined in the instant case pertains to the amount of the proper
indemnity, the pieces of evidence on record which are of significance are the certification as to the
zonal value of the lots within xxxxxxxxxxxxxxxxxxx,
130
as well as the Property Record of the servient
estate.
131
126
Defendants Memorandum, pp. 2-5.
The market value of the defendants-appellants land, according to the latter document, is
Two Pesos and Thirty-five Centavos (P2.35) per square meter, while the zonal value of the lots in
xxxxxxxxxxxxxxx with a classification A (as that of the servient estate) actually ranges from Three
127
Annex 1 of the Defendants Manifestation and Motion to Admit Supplemental Evidence.
128
Annex 2, Ibid.
129
Woodridge School, Inc., et al. v. ARB Construction Co., Inc., G.R. No. 157285, 16 February 2007.
130
Annex D of the Plaintiffs Memorandum, Annex 1 of the Defendants Manifestation and Motion to
Admit Supplemental Evidence.
131
Annex 1 of the Defendants Memorandum.
Pesos and Fifty Centavos (P3.50) to Seventy-five Pesos (P75.00) per square meter, as per the first
cited document.
While the defendants-appellants recognize the market value of their land, they would like the
court to disregard such assessment on the premise that its neighboring lands are allegedly priced at
Two Thousand Pesos (P2,000.00) per square meter.
132
They further capitalize on the propertys
purported accessibility to the provincial road.
133
In the first place, the amount proposed by the defendants-appellants is not only self-serving
but also unproven. They did not present documentary evidence, or even testimonial evidence,
supportive of their posture. Thus, even assuming, without necessarily admitting, that the market
value should not be limited to that as provided by the Provincial Assessor, it is submitted that
presentation of proofs of the lands market value is still required. The Honorable Supreme Court, in
a case involving expropriation proceedings and not legal easements, recognized the
indispensability of such proof in this wise:
We beg to differ.
Testimonies as to real estate transactions in the vicinity are
admissible. It must be shown though that the property as to use must
be of similar character to the one sought to be condemned.
134
More telling is the following ruling of the Honorable Supreme Court in a case also involving
expropriation, to wit:

In fixing the valuation at P550 per square meter, the trial court had
considered the Report of the commissioners and the proofs submitted
by the parties. These documents included the following: (1) the
established fact that the property of respondent was located along the
Naga-Carolina provincial road; (2) the fact that it was about 500
meters from the Kayumanggi Resort and 8 kilometers from the Naga
City Central Business District; and a half kilometer from the main
entrance of the fully developed Naga City Sports Complex -- used as
the site of the Palarong Pambansa -- and the San Francisco Village
Subdivision, a first class subdivision where lots were priced at P2,500
per square meter; (3) the fair market value of P650 per square
meter proffered by respondent, citing its recently concluded sale
of a portion of the same property to Metro Naga Water District at
a fixed price of P800 per square meter; (4) the BIR zonal
valuation of residential lots in Barangay Pacol, Naga City, fixed
at a price of P220 per square meter as of 1997; and (5) the fact
that the price of P430 per square meter had been determined by
132
Appellants Brief, pp. 8-9.
133
Ibid, p. 11.
134
Tuason and Co., Inc. v. Land Tenure Administration, et al., G.R. No. L-21064, 18 February 1970.
the RTC of Naga City (Branch 21) as just compensation for the
Mercados adjoining property, which had been expropriated by
NPC for the same power transmission project.
135
Similarly, the allegation that the said lot is near the provincial road is baseless. The only
evidence that may be linked thereto is the cadastral survey.
(emphasis supplied,
citations omitted)
136
Without necessarily admitting the
authenticity thereof (the same not being a certified true copy of the original
137
), it is submitted that a
careful perusal of such document would reveal that although the defendants-appellants property is
near a road, the latter does not appear to be the main provincial road. Note must be taken of the
fact that, as reflected in the Certification of the zonal value of the lands in xxxxxxxxxxxxxxx,
138
More importantly, to submit to the valuation advanced by the defendants-appellants would
be to depart from what the law provides. This is unjustified. Interpreting Article 649 of the Civil
Code, the Honorable Supreme Court explained in Woodridge School, Inc., et al. v. ARB
Construction Co., Inc.,
the
said barangay is being traversed by a barangay road and a national highway. The one which
appears in the cadastral survey is apparently the barangay road.
139
The Civil Code categorically provides for the measure by which the
proper indemnity may be computed: value of the land occupied
plus the amount of the damage caused to the servient estate.
Settled is the rule in statutory construction that "when the law is clear,
the function of the courts is simple application." Thus, to award the
indemnity using factors different from that given by the law is a
complete disregard of these clear statutory provisions and is
evidently arbitrary. This the Court cannot countenance. The Civil
Code has clearly laid down the parameters and we cannot depart
a case involving legal easement (and thus, is squarely applicable in the
instant case), viz:
135
National Power Corporation v. Manubay Agro-Industrial Development Corporation, G.R. No. 150936,
18 August 2004.
136
Annex 1 of the Answer with Compulsory Counterclaim.
137
Rule 132 of the Rules of Court:
xxx x xxxx xxx
SECTION 24. Proof of official record. The record of public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a
copy attested by the officer having the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the
custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer
in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his office. (emphasis supplied)
138
Supra note 10.
139
Supra note 9.
from them. Verba legis non est recedendum. (emphasis supplied,
citations omitted)
In the above-cited case, the High Court reversed the following finding:
In [o]ur Decision, [w]e awarded the amount of P500,000.00 merely as
reasonable indemnity for the use of the road lot, not the alienation
thereof. The amount was based on equitable considerations
foremost of which is that, while there is no alienation to speak of,
the easement is of long-standing, that is, until a shorter and
adequate outlet is established. Moreover, [ARB] should be
compensated for the wear and tear that [petitioners'] use of the
road would contribute to; it is [ARB] which is solely to be credited
for the completion of the road lot. Going by the conservative
valuation of the Municipality of Bacoor, Cavite presented by
[petitioners], the 4,760 sq. m. road lot would cost P1,904,000 but
as stated what is compensated is the use of the road lot not its
alienation. (emphasis supplied)
If we are to go by the ruling of the Honorable Supreme Court in the above-cited case, the
value of the land occupied should have been Eighty-nine Pesos and Thirty Centavos (P89.30) only,
based on the lands market value as determined by the Provincial Assessor.
140
Yet, the court a quo
awarded the amount of Seven Hundred Pesos (P700.00) per square meter, which is actually the
highest zonal value of lands classified as A located in xxxxxxxxxxxxxxxxxxxxx a barangay
different from where the subject land is located.
141
The foregoing considered, the indemnity awarded may already be taken as constitutive of
the amount of the damage to the servient estate arising from the permanent deprivation of that
portion of the property.
This is an obvious display of generosity.
As for the alleged deprivation of the produce of the mango tree, suffice it to say that the
defendants-appellants allegation that the said tree bears annual fruits valued at Four Thousand
Pesos (P4,000.00) equally remains unproven. In the early case of Tanjangco v. J ovellanos, et
al.,
142
As was stated by the lower court no evidence was submitted
respecting damages. Appellees should have presented proof as
to how much and in what manner they had been prejudiced.
Their allegations as to damages having been squarely
challenged by appellant, they had the burden of proving them by
means of competent evidence. And even if appellant failed to
it was held, viz:
140
Supra note 11.
141
Annex 2 of the Defendants Manifestation and Motion to Admit Supplemental Evidence.
142
G.R. No. L-12332, 30 June 1960.
deny the damages, appellees still must prove them. The rule in
this jurisdiction is that all judgments for damages whether arising from
breach of contract or resulting from some provision of law must be
based upon satisfactory evidence of the real existence of the
damages alleged to have been suffered and the amount of damages
must be proven with at least some degree of certainty. In the absence
of definite and satisfactory proof of the amount of damages suffered,
no damages may be awarded. The lower court clearly erred in
awarding damages without proof thereof. The court cannot rely on its
own speculation as to the fact and amount of damages, but must
depend on actual proof that damage had been suffered and of the
amount. (emphasis supplied, citations omitted)
Displaying yet another act of generosity, the court a quo opted to grant the amount of Six
Thousand Pesos (P6,000.00) to answer for the loss or reduction of the produce from the mango
tree, on top of another Five Thousand Pesos (P5,000.00) representing consequential damages,
despite lack of proof thereof.
Finally, in the light of the foregoing jurisprudence, even more baseless was the defendants-
appellants demand to recover their counsels acceptance and appearance fees.
143
Besides, the defendants-appellants demand is grounded on the averred malicious and
baseless nature of the complaint. The plaintiffs-appellees were not shown to have been in bad faith.
They merely sought to claim their right to a perpetual right of way, which was ultimately
acknowledged by the defendants-appellants.
There are no
receipts on record to prove their contention. Not even a contract of engagement was offered as
evidence.
144
Moreover, the defendants-appellants admitted that
the plaintiffs-appellees availed of remedies to settle the instant case amicably,
145
There is, therefore, no malicious and baseless suit to speak of, for as aptly pronounced by
the Honorable Supreme Court, viz:
but the
defendants-appellants had been firm on their stand in demanding the amount of Two Thousand
Pesos (P2,000.00) per square meter, which, as fully detailed above, is excessive and without any
solid foundation.
To the mind of this Court, the twin elements of probable cause
and malice are lacking in the case at bar to entitle petitioner to
143
Appellants Brief, p. 11.
144
Ibid, p. 8.
145
Answer with Compulsory Counterclaim, p. 2.
damages he now seeks out. For one, it is an elementary rule in this
jurisdiction that good faith is presumed and that the burden of
proving bad faith rests upon a party alleging the same. In the
case at bar, petitioner has failed to prove bad faith on the part of
respondents. For another, there are no factual allegations in the
complaint that can support a finding that malice and bad faith
motivated the respondents in filing the two informations against
petitioner. Allegations of bad faith, malice, and other related
words without ultimate facts to support the same are mere
conclusions of law.
146
P R A Y E R
(emphasis supplied)

that the Decision of the Regional Trial Court of xxxxxxxxxxxxxx, Branch xx, be AFFIRMED, and the
appeal of the defendants-appellants be DENIED for lack of merit.
Quezon City for Manila,
15 March 2010
Tel. Nos. 928-91-37/927-68-06

BY:
----------------------------------
Public Attorney IV
Roll No. xxxxx

----------------------------------
Public Attorney IV
Roll No. xxxxx

- and -

----------------------------------
Public Attorney II
Roll No. xxxxx

146
Martirez v. Cokieng, et al., G.R. No. 150192, 17 February 2005.

EXPLANATION

The foregoing Plaintiffs-Appellees Brief is being served by registered mail since personal
service is not practicable, because of distance and limited number of messengers in the
undersigneds office.

----------------------------------
Public Attorney II
COPY FURNISHED:

ATTY. FF Reg. Receipt No. __________
(Counsel for the Defendants-Appellants)
Address


COURT OF APPEALS
MANILA

XYZ Company and ZZ,
Petitioners,

- versus - CA G.R. SP No. __________

and ABC,
Respondents.
x-------------------------------------x

MEMORANDUM
PRIVATE RESPONDENT, by counsel, to this Honorable Court, in compliance with the
Resolution promulgated on 28 February 2010, a copy of which was received on 1 March 2010,
most respectfully states:
STATEMENT OF THE CASE and FACTS
Elevated to this Honorable Court on a Petition for Certiorari under Rule 65 is the decision of
the National Labor Relations Commission (NLRC for brevity), xxxxx Division, promulgated on 1
January 2009 and its Resolution promulgated on 1 July 2009.
For the appreciation of this Honorable Court, the private respondent reproduces herein the
pertinent facts relative to this case and briefly states:
The instant case stemmed from the Complaint of ABC against the petitioners for illegal
suspension, constructive dismissal, non-payment of 13
th
month pay and separation pay.
147
The private respondent was a regular and permanent employee of the petitioner
corporation. He was hired as a Warehouse Stockman on 1 January 2000, and was assigned in
xxxxxxxxxx. His latest salary was Three Hundred Fifty Pesos (P350.00) per day, including

147
Labor Arbiters Decision, p. 1.
ECOLA,
148
Sometime in the last week of October 2006, stocks of HP ink were reportedly missing.
Thus, on 3 November 2006, the private respondent was handed a notice by Mr. YY placing him
under preventive suspension. The notice states, among others, viz:
and he was tasked to work from 9:00 oclock in the evening to 7:00 oclock in the
morning from Mondays through Saturdays.
Pending such investigation, above employees are hereby
suspended and barred from XYZ Company premises until
resolution of said case by the NBI. All personnel are enjoined
from discussing the case with above suspended person to
prevent contamination of evidence and testimonies and crime
scene
The private respondent was, accordingly, constrained to go home.
The following day, the private respondent went to see petitioner ZZ at the latters office in
xxxxxxx. However, the guard on duty refused him admittance. It was even relayed to him by the
said guard that the owner had no time to talk to him.
Until the filing of the complaint, no return-to-work order was sent to the private respondent.
He tried to report back for work but was refused.
149
For its part, the petitioner explained that on several occasions, there were pilferages in its
warehouse, and because management could not pinpoint who the real culprit(s) is/are, they
became stricter in the recording of the flow of goods.

Sometime in September and October of 2006, management found out that the private
respondent was instrumental in the pilferages. They, thus, requested for an investigation by the
National Bureau of Investigation (NBI for brevity). The private respondent failed to appear during
the same. The petitioner then posted a notice in the bulletin board of the companys office
requesting him to answer and be present during the investigation to be conducted by the company.
He was further advised that at his option, he may bring a lawyer of his own choice.
148
Admitted by the petitioners in the Respondents Reply, p. 1.
149
Complainants Position Paper, pp. 1-2.
Unfortunately, he never attended the said investigation despite the fact that one of the
security guards saw him loitering around the premises. Rather than dismiss him, his suspension
was extended for another two (2) weeks.
However, the private respondent filed the instant complaint on 25 January 2007. The truth
of the matter is that he went on Absence Without Official Leave. Hence, the loss of trust and
confidence of the petitioners towards the private respondent for his repetitive misdemeanor.
When the labor complaint was filed, it was then that the private respondent was barred from
entering the company premises.
150
Soon thereafter, the parties submitted their respective position papers

151
and replies.
152

Additionally, the private respondent filed his rejoinder.
153
On 1 January 2008, the Labor Arbiter
issued a Decision,
154
WHEREFORE, a decision is hereby rendered dismissing the
case for illegal dismissal for lack of merit. However, Respondents are
hereby ordered to pay complainant 13
th
month pay computed as
follows:
ABC:
13
th
Month Pay. (3 yrs.)
P300 x 26 x 36/12 = P23,400.00
SO ORDERED.
Aggrieved, the private respondent filed a Notice and Memorandum of Partial Appeal.
155
On
1 January 2009, the National Labor Relations Commission, xxxxx Division (NLRC for brevity),
issued a Decision,
156
WHEREFORE, premises considered, the Decision of January 1,
2008 is VACATED and REVERSED and a new one entered declaring
complainant illegally dismissed and the respondent XYZ Company is
directed to pay to the complainant as follows:
1. Separation pay computed at one (1)
month per year of service------------- P 84,708.00;

150
Respondents Position Paper, pp. 2-3.
151
Annexes C and D of the Petition.
152
Copy of Complainants Reply attached as Annex 1 of the Comment; Duplicate original copy of
Respondents Reply attached as Annex 2 of the Comment.
153
Duplicate original copy attached as Annex 3 of the Comment.
154
Annex E of the Petition.
155
Annex F of the Petition.
156
Annex B of the Petition.
2. Backwages ------------------------------- P232,188.38;

3. 13
th
month pay ------------------------ P 20,651.58;

SO ORDERED.
A Motion for Reconsideration
157
was thereafter filed by the petitioners, which was denied by
the NLRC in a Resolution promulgated on 1 July 2009.
158
Hence, the petitioners filed the instant Petition for Certiorari under Rule 65 of the Revised
Rules of Court, raising as lone issue, viz:

THAT THE HONORABLE PUBLIC RESPONDENT NLRC
THIRD DIVISION COMMITTED GRAVE ABUSE OF
DISCRETION AND ERROR IN LAW IN HOLDING THAT
PRIVATE RESPONDENT WAS ILLEGALLY DISMISSED.
STATEMENT OF THE ISSUES:
I.
ABANDONED THE THEORY OF CONSTRUCTIVE DISMISSAL.
II.
WHETHER THE PRIVATE RESPONDENT WAS ILLEGALLY
DISMISSED FROM HIS EMPLOYMENT.
III.
COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO
LACK OR EXCESS OF JURISDICTION.

IV.
WHETHER THE PRIVATE RESPONDENT IS ENTITLED TO
PAYMENT OF BACKWAGES AND SEPARATION PAY.
DISCUSSION
THE NLRC DID NOT ABANDON THE
THEORY OF CONSTRUCTIVE DISMISSAL.
157
Annex G of the Petition.
158
Annex A of the Petition.
The petitioners clamored on the NLRCs alleged finding of actual dismissal. Thus, a careful
perusal of the NLRCs decision is necessitated. It held:
After a careful evaluation of the evidence on record, WE FIND
PARTIAL MERIT IN THE APPEAL. Well-settled is the rule that the
employer has the burden of proving by substantial evidence, the
lawful cause for the employees dismissal (Farrol vs. Court of
Appeals, G.R. No. 133259, February 10, 2000). For loss of trust and
confidence to be a valid ground for an employees dismissal, it must
be substantial, and not arbitrary, and must be founded on clearly
established facts sufficient to warrant the employees separation from
work.
In the instant case, we disagree with the Labor Arbiter, as we
find the respondents have failed to substantiate the charge of
loss of confidence against the complainant, to warrant the
latters dismissal. At the outset, there is no proof of the alleged
pilferages, for which the complainant was charged of. On the
existence of just cause for dismissal, there are (sic) no concrete
evidence, which would show some basis for the finding of guilt for
pilferage of the complainant. We agree with the complainants
assertion, that the only evidence of the respondents against him,
is the fact that he was the warehouseman and he had the keys of
the warehouse, which gave them the suspicion, that the pilferage
could not be done without his participation. Although the
respondents claim to have secured the assistance of the NBI to
investigate on the alleged pilferages, and that the investigation
lasted for one-and-a-half months, yet nothing was presented to
prove that an investigation was conducted, nor as to any result
thereof. Moreover, the complainant was not afforded the due
process nor given the opportunity of a hearing and to defend
himself. The respondents could not even state the dates of the
alleged investigation, supposed to be attended by the
complainant.
159
The petitioners expressed its disagreement with the NLRCs action of passing upon the
issue of whether they were able to substantiate the charge of loss of trust and confidence. They
further argued that the private respondent was not dismissed on such ground, but he instead,
abandoned his job.
(emphasis ours)
160
However, they may have forgotten that in their position paper, they presented no argument
other than the propriety of the private respondents termination due to loss of trust and
confidence,

161
159
pp. 5-6.
thereby endeavoring to justify such course of action. Not only that, the Labor
160
Petition, pp. 10-11.
161
Respondents Position Paper, p. 3.
Arbiters decision, to which the petitioners concurred with,
162
devoted the latter part of its ruling in
validating such ground for dismissal.
163
Moreover, the above-quoted ruling of the NLRC was precipitated by the following discussion
of the private respondent, viz:
The NLRC cannot be faulted in passing upon this matter
because, after all, it was mandated to review the factual and legal findings of the Labor Arbiter.
There is no question that complainant-appellant was placed
under preventive suspension by respondents-appellees.
Preventive suspension is justified where continued
employment poses a serious and imminent threat to the life
or property of the employer or his co-workers. Without this
kind of threat, preventive suspension is not proper. The
maximum period of suspension is 30 days. Beyond that, the
employee becomes entitled to his pay and benefits and the
employer may be required to pay indemnity. (JRS Business
Corporation vs. NLRC, G.R. NO. 108891, 17 July 1995)
In this case, respondents-appellants failed to submit in
evidence any showing that complainant-appellant was
responsible for the pilferage. Neither were they able to submit
proof that the latters continued employment would pose a
serious and imminent threat to their life or property, or that of
their other workers other than their suspicions simply because
complainant-appellant had the keys to the warehouse.
With all due respect, other than their self-serving allegations, no
evidence was furnished by respondents-appellants to substantiate
such claim. Evidence is not synonymous to suspicions. Once (sic)
allegations, to be believed, demand factual and legal justifications,
and it cannot be left to speculations and conjectures. The fact that
he was a warehouse stockman would not necessarily mean that
he had participation in the alleged pilferage, if indeed true.
xxx xxx xxx
Respondents-appellees had even implied that the NBI failed
to finish the investigation within thirty (30) days which caused
them to extend the preventive suspension of complainant-appellant
for another fifteen (15) days. xxx.
xxx xxx xxx

It was also the pronouncement of the Honorable Labor
Arbiter that complainant-appellant was afforded due process as
he admitted having received the Memorandum.
Let it be stressed that the suspension order (Annex C of the
Complainants Position Paper) only indicates the fact that
employees were suspended and barred from entering the office.
There was no indication the employees placed under preventive
suspension were required to attend the investigation and at their
162
The petitioners did not appeal the Labor Arbiters decision.
163
Labor Arbiters Decision, p. 5.
option, to bring a lawyer of their own choice, to answer the charges
against them.
In their attempt to evade any liability, respondents-appellees,
again, self-servingly claimed that: x x x. The management field (sic)
a request to the NBI for an investigation but complainant failed to
appear therein. The company then decided to hand a notice to
complainant posted in the bulletin board of the companys office to
answer and be present and at his option to bring with him a lawyer of
his own choice in the investigation to be conducted by the company.
(page 2 of the Respondents Position Paper)
No evidence was submitted to support the posting of the
notice at the bulletin board. Be that as it may, the procedure
undertaken by the respondents is not proper as the notice should be
sent at the employees last known address.
Respondents, further, claimed that: The two (2) weeks period
lapsed, but the investigation was not yet finished. Complainant was
then notified through mail that he must report back to work. However,
complainant failed to return to work. Such failure of complainant to
resume his job constitutes abandonment of work. (pages 3 and 4 of
the Respondents Reply)
Complainant-appellant had already denied that he was
notified to return to work, or that he received the return-to-work
order. It is worthy to emphasize that respondents-appellees
failed to submit proof that they sent notice by mail to the worker.
They could not even mention when the mail was sent. More
importantly, this allegation is merely an afterthought which they
did not even mention in their Position Paper.
164

Clearly then, the NLRCs pronouncement was taken in the wrong context. It did not decree
actual dismissal.
THE PRIVATE RESPONDENT WAS
ILLEGALLY DISMISSED.
In challenging the NLRCs ruling, the petitioners posit that it erroneously assumed the
instant case as one of actual dismissal, emphasizing that the private respondent alleged
constructive dismissal in his complaint, position paper and even on appeal.
165
164
Private Respondents Notice and Memorandum of Partial Appeal, pp. 4-7.
The petitioners
stance is short of saying that the NLRC should limit its evaluation of the case only on the basis of
the private respondents allegation of constructive dismissal and cannot rule on actual dismissal
even if the factual circumstances are indicative of such. This would be extremely adverse to the
States policy to protect labor.
165
Petition, pp. 7-9.
More importantly, it matters not whether the private respondent was constructively or
actually dismissed, what matters is that he was illegally dismissed. After all, the legal
consequences generated by these two (2) modes of dismissal are identical.
166
In Mark Roche
International, et al. v. NLRC, et al.,
167
However, it must be made clear here that the dismissal of
private respondents was not a constructive dismissal but an
illegal dismissal, and this is where both the NLRC and the Labor
Arbiter erred. Constructive dismissal or a constructive discharge has
been defined as a quitting because continued employment is
rendered impossible, unreasonable or unlikely, as an offer involving a
demotion in rank and; a diminution in pay. In the instant case,
private respondents were not demoted in rank nor their pay
diminished considerably. They were simply told without prior
warning or notice that there was no more work for them.
(emphasis ours, citations omitted)
where the dismissed employees lodged a constructive
dismissal case, and both the Labor Arbiter and the NLRC affirmed such mode of dismissal, the
Honorable Supreme Court, nonetheless, held:
As will be detailed hereunder, one fact remains the private respondent was illegally
dismissed, whether it be actual or constructive dismissal.
The petitioners allegation that the private respondent abandoned his job, as well as their
other allegations of fact, are not worthy of belief.
For one, they subjected themselves to glaring discrepancies which significantly diminished
their credibility.
While initially averring that the private respondent was barred only from the time the instant
case was filed,
168
they subsequently admitted that he was barred to enter the company premises
simultaneous with his suspension.
169
This discrepancy cannot be brushed aside, for it has a
bearing on whether the private respondent was dismissed prior to his complaint. Note that in
clarifying this issue,
170
166
Mariculum Mining Corporation v. Decorion, G.R. No. 158637, 12 April 2006.
they merely subscribed to their second position, without offering any
justification or explanation for the discrepancy.
167
G.R. No. 123825, 31 August 1999.
168
Respondents Position Paper, p. 2.
169
Respondents Reply, p. 3.
170
Herein petitioners Reply, p. 3.
Moreover, nowhere in their position paper did they aver that the private respondent was
directed to return to work.
171
Hence, the loss of trust and confidence
172
theory. Subsequently,
however, they averred that the private respondent was notified to return to work by mail, thereby
strengthening the angle of abandonment.
173
This is more than just a suppletory allegation of fact,
as what the petitioners would like to impress upon this Honorable Court,
174
In Building Care Corporation v. NLRC, et al.,
but a total change of
theory.
175
Complainant's (herein private respondent) claim that he was
suspended for no apparent reason for one week is borne out by the
logbook entry for February 11, 1988 and by his letter-explanation
dated March 28, 1988. It should also be noted that complainant stood
pat on this claim throughout the entire proceedings.
the Honorable Supreme Court stamped
with approval the following finding of the NLRC, viz:
On the other hand, respondent, in its position paper filed on July 13,
1988, simply contended that complainant failed, without prior leave, to
report for work despite respondent's repeated instructions. In the
affidavits submitted on September 21, 1988, three of respondent's
employees averred that complainant was transferred to the day shift
and he quit his job because he was against such transfer. This is an
entirely new twist which did not appear in the memoranda and
logbook entries earlier submitted by respondent, nor even in its
position paper. For this reason, said averment appears to be an
after-thought, which cannot be given much weight. (emphasis
ours; citations omitted)
Under the Rules of Court, which is applicable in a suppletory character in labor
cases before the Labor Arbiter or the NLRC pursuant to Section 3, Rule I of the New Rules
of Procedure of the NLRC, defenses which are not raised either in a motion to dismiss or in
the answer are deemed waived.
176
Second, their allegations were not backed up by corresponding proofs, which must have
been available had their version been true.

171
Respondents Position Paper, pp. 1-2.
172
Ibid, p. 3.
173
Respondents Reply, pp. 2-3.
174
Supra note 24.
175
G.R. No. 94237, 26 February 1997.
176
PCL Shipping Philippines, Inc., et al. v. NLRC, et al., G.R. No. 153031, 14 December 2006.
Although claiming that the private respondent was sent a notice to return to work by mail,
177

the petitioners presented no proof of mailing and receipt of the said notice. They did not even
mention when the alleged mail was sent. Their bare allegation, therefore, cannot withstand the
private respondents categorical denial of having been furnished the same.
178
The ruling of the
Honorable Supreme Court in Golden Thread Knitting Industries, Inc., et al. v. NLRC, et al.
179
The NLRC sustained Cachucha that he did not abandon his work
considering that he seasonably filed a complaint for illegal dismissal
against petitioners on 16 July 1992 and positively disavowed any
notice to return to work allegedly sent to him by petitioners.
is,
consequently, of great significance. The High Court held therein, viz:
The NLRC is correct. For abandonment to exist, it is essential that
(1) the employee must have failed to report for work or must
have been absent without valid or justifiable reason; and, (2)
there must have been a clear intention to sever the employer-
employee relationship manifested by some overt acts. The
circumstance that Cachucha lost no time in filing a complaint for
illegal dismissal against petitioners on 16 July 1992 is
incompatible with the charge of abandonment and confirms in
fact that he was refused entry into the company premises on 6
July 1992.
Petitioners' allegation that they informed Cachucha's wife that
Cachucha must report to work immediately is unsubstantiated
and self-serving. The alleged notification through the
memorandum of 22 July 1992 has not been shown to have been
received by Cachucha. xxx xxx xxx. (emphasis ours; citations
omitted)
In view of the foregoing, the petitioners allegation that the private respondent abandoned
his work is even more demolished.
What is more, if the private respondent indeed failed to comply with such return-to-work
directive, surely, his attention would have been called by the petitioners and his refusal reduced in
writing. The petitioners could not have taken such purported act lightly and pass over the same
without any warning, for it was already tantamount to insubordination or abandonment. The most
logical conclusion for such lack of documentary evidence is the falsity of the petitioners claim.
177
Respondents Reply, p. 3.
178
Complainants Rejoinder, p. 2.
179
G.R. No. 119157, 11 March 1999.
Contrary to the petitioners posture,
180
the act of filing a constructive dismissal case does not
readily indicate that he abandoned his job. Labor jurisprudence, in fact, decrees the contrary view.
A charge of abandonment is totally inconsistent with the immediate filing of a complaint for
illegal dismissal.
181
Incidentally, it must be noted that the petitioners, in their petition, no longer tried to make the
most out of the so-called return-to-work notice allegedly sent by mail. Instead, they capitalized on
the offer they made during the mandatory conciliation conference and thereafter.

182
Similarly, the private respondents alleged refusal to attend the investigation remained to be
a bare allegation. As the said proceeding was already preparatory to dismissal, his refusal to
attend the same must have been put in writing, more so taking into account its effect in supposedly
validating his dismissal.
This only goes
to prove that their allegation of having sent a return-to-work order by mail is untrue. Besides, the
belated offer would, in no way, legalize the private respondents dismissal.
As a matter of fact, as aptly noted by the NLRC, there remains no proof that there was an
investigation being then conducted by the NBI.
183
Clearly, the petitioners averment that the private respondent precipitately filed the instant
case without waiting for the results of the NBI investigation

184
All told, the undisputed facts are the following: (a) the private respondent was a regular and
permanent employee of the petitioner corporation; (b) sometime in the last week of October 2006,
stocks of HP ink were reportedly missing; (c) the private respondent turned out to be one of the
suspects; (d) on 3 November 2006, the private respondent was placed under preventive
suspension; and (e) there is no existing document proving that the private respondent was advised
to return to work. The foregoing facts obviously established illegal dismissal.
fell on shaky ground.
Even if we are to limit the evaluation of the instant case on the theory of constructive
dismissal, the above-enumerated facts, nonetheless, established such mode of dismissal.
180
Supra note 24.
181
Hda. Dapdap I, et al. v. NLRC, et al., G.R. No. 120556, 26 January 1998.
182
Petition, p. 7.
183
184
Ibid, pp. 8-9.
Assuming, without necessarily admitting, that there was indeed an investigation which
persisted, it would be highly unfair for the private respondent to wait for the resolution of the same,
given that the period of his suspension already elapsed. Note that the private respondent filed the
instant case only on 25 January 2007, well beyond the additional period of suspension for two (2)
weeks / fifteen (15) days,
185
Hence, the private respondent was constructively dismissed, for preventive suspension
which lasts beyond the maximum period allowed by the Implementing Rules amounts to
constructive dismissal.
which supposedly ended on 18 December 2006. As fully detailed
above, at the time of the filing of the complaint, there was as yet no offer to return to work.
186
As a final note, it must be stressed that the petitioners were of the mistaken belief that in
constructive dismissal cases, the burden of proof shifts to the employee.

187
This contradicts one of
the most basic tenets in labor law, for as plainly and positively declared by the Honorable Supreme
Court, in cases of constructive dismissal, the burden of proof is on the employer to show
that the employee was dismissed for a valid and a just cause.
188
Later on conceding that the burden of proof in constructive dismissal cases is not shifted to
the employee, the petitioners, nonetheless, advanced that the private respondent should lay down
the basis of his constructive dismissal, such as, whether he was demoted or transferred.
As thoroughly discussed, all
the same, the petitioners failed to discharge their burden.
189
To
repeat, assuming that there was indeed an investigation which persisted, when the private
respondent filed the instant case on 25 January 2007, the additional period of suspension for two
(2) weeks / fifteen (15) days,
190
185
Petition, p. 3; Respondents Reply, p. 3.
which supposedly ended on 18 December 2006, already elapsed.
As fully detailed above, at the time of the filing of the complaint, there was as yet no offer to return
to work. This is already the basis of the complaint; hence, it became incumbent for the petitioners
to prove that he was not dismissed, which they failed to do.
186
Mark Roche International, et al. v. NLRC, et al., supra note 21.
187
Petition, p. 8.
188
Emphasis ours; Suldao v. Cimech System Construction, Inc. and Engr. Labucay, G.R. No. 171392,
30 October 2006.
189
190
Petition, p. 3; Respondents Reply, p. 3.
The petitioners countered that the additional suspension was for another period of thirty (30)
days.
191
THE NATIONAL LABOR RELATIONS
COMMISSION (NLRC) DID NOT COMMIT
GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF
JURISDICTION.
This is not only one of the many inconsistent postures of the petitioners, but also one of
those unsubstantiated.
Grave abuse of discretion implies such capricious and whimsical exercise of
judgment as is equivalent to lack of jurisdiction, or, in other words, where the power is
exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and
it must be so patent and gross as to amount to an evasion of positive duty or a virtual
refusal to perform the duty or act at all in contemplation of law.
192
The NLRCs decision is far from grave abuse of discretion warranting the issuance of a writ
of certiorari. On the contrary, it merely fulfilled its duty of protecting the interest of labor, for the
evident fact is that the private respondent was illegally dismissed.

Even if the NLRC indeed erred in evaluating the case as one of actual dismissal (without
necessarily admitting so), the same only constitutes an error of judgment, as can be gleaned from
the Mark Roche International case.
193
Where the court has jurisdiction over the case, even
if its findings are not correct, its questioned acts would at most constitute errors of law and
not abuse of discretion correctible by certiorari.
194
Anyway, apart from the erroneous ruling, the petitioners failed to particularize acts of the
NLRC purportedly establishing grave abuse of discretion amounting to lack or excess of jurisdiction.
Under pain of being repetitive, be it actual or constructive dismissal, the factual milieu of the instant
case established illegal dismissal.
(citations omitted).
191
192
Cuison v. Court of Appeals, 289 SCRA 195
193
Supra note 21.
194
Lalican v. Vergara, et al., supra note 47.
THE PRIVATE RESPONDENT IS
ENTITLED TO PAYMENT OF
BACKWAGES AND SEPARATION PAY.
As the private respondents dismissal was illegal, he is entitled to payment of backwages, as
it is well-settled that the employer has to pay backwages as part of the price or penalty he
has to pay for illegally dismissing his employee.
195
In view of the strained relations of the petitioners and the private respondent, the award of
separation pay in lieu of reinstatement is also proper.

196
PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that
the Petition for Issuance of a Writ of Certiorari be DENIED for utter lack of merit.
Private respondent prays for such other reliefs just and equitable under the premises.
Quezon City for Manila.
11 March 2010.

Tel. Nos. 928-91-37/927-68-06

BY:

----------------------------------
Public Attorney IV
Roll No. xxxxx

----------------------------------
Public Attorney IV
Roll No. xxxxx

- and -
195
196
G.R. No. 107234, 24 August 1998.

----------------------------------
Public Attorney II
Roll No. xxxxx

EXPLANATION

The foregoing Memorandum is being served by registered mail since personal service is
not practicable, because of distance and limited number of messengers in the undersigneds office.

----------------------------------
Public Attorney II

Copy Furnished:

ATTY. YY Reg. Receipt No. _______
(Counsel for the petitioner)
Address

NATIONAL LABOR RELATIONS COMMISSION Reg. Receipt No. __________
(xxxxx Division)
PPSTA Bldg., Banawe St.,
1100 Quezon City

PAO FORM N0. 2010-25

SUPREME COURT
MANILA
En Banc

Plaintiff-Appellee,

-versus- G.R. No. 140900
& 140911
[RTC CRIM. Cases No. 98-2605MK & 98-
2606MK]
RODERICK LICAYAN @ Rudy,
ROBERTO LARA @ Tungkoy/Unyok,
PEDRO MABANSAG @ Putol, ALEX
PLACIO, JOJO SAJORGO, ALLAN
PLACIO, NOEL DELOS REYES,
DODONG ADOLFO, and BENJIE
MABANSAG,
Accused,

RODERICK LICAYAN @ Rudy,
ROBERTO LARA @ Tungkoy/Unyok,
Accused-Appellants.
x-------------------------------------------------------x

URGENT MOTION TO RE-OPEN THE CASE WITH LEAVE OF
COURT

Accused-Appellants Roderick Licayan and Roberto Lara thru the PUBLIC
ATTORNEYS OFFICE, before this Honorable Supreme Court, most respectfully, aver and
show, with prior leave of court, that:
Antecedents of the Motion
On September 6, 2001, the Public Attorneys Office (PAO) received a copy of this
Honorable Courts Decision in G.R. Nos. 140900 & 140911 dated August 15, 2001
AFFIRMING with MODIFICATION the Decision of the Regional Trial Court, Branch 272,
Marikina City, dated September 9, 1999, which found accused-appellants Roderick Licayan
and Roberto Lara guilty of Kidnapping for Ransom under Art. 267 of the Revised Penal
Code, as amended (C.C. NO. 98-2605-MK) and sentencing each of them to DEATH, but
ACQUITTED them (accused Licayan and Lara) of the crime of Robbery (C.C. NO. 98-
2606-MK). The other seven (7) co-accused of Licayan and Lara remained at-large.

A Motion for Reconsideration
197

was timely filed which was subsequently DENIED
with FINALITY in this Honorable Courts Resolution dated October 9, 2001.
Accordingly, on March 18, 2002, the undersigned counsel received a copy of the
Entry of Judgment which states that the Decision of this Honorable Court has attained
finality and is executory on November 9, 2001.

Late last year of 2003, Her Excellency President Gloria Macapagal-Arroyo lifted the
moratorium on Death penalty convicts, specifically those involved in Kidnap for Ransom
cases and Illegal drugs.

The first batch of convicts in Kidnap for Ransom cases who are scheduled to be
executed on January 30, 2004 are herein movants Roderick Licayan and Roberto Lara.

197
Dated September 17, 2001.

In two (2) separate letters by the undersigned Chief Public Attorney and Atty.
Howard Areza (Public Attorney II), requests were made to the Office of the President for
the deferment of the scheduled executions of Licayan and Lara.
198

On January 9, 2004, Pedro Mabansag, one of the accused in the same case was
arrested in Bacolod City by virtue of an arrest warrant dated October 28, 1998.
199

During an interview with television station GMA Channel 7 of accused Pedro
Mabansag, the latter categorically, declared that his nephew, death convict Roberto Lara
has nothing to do with the Kidnapping case.

The Chief Public Attorney immediately informed President Gloria Macapagal-Arroyo
regarding the capture of Pedro Mabansag a.k.a. Pedrito and renewed the efforts of the
PAO to defer the scheduled executions of Licayan and Lara.
200

On January 12, 2004, another co-accused of Licayan and Lara, namely Rogelio
delos Reyes @ Noel delos Reyes was also captured in Surigao, by virtue of another arrest
warrant also dated October 28, 1998 in Surigao City.
201
Another letter was furnished to the President regarding this latest development
regarding the arrest of Rogelio delos Reyes @ Noel delos Reyes.
Rogelio delos Reyes corroborated
the claim of Pedro Mabansag that Roberto Lara has nothing to do with the kidnapping
incident almost six (6) years ago.
202

198
Photo copies of the immediate letters of the Chief Public Attorney and Public Attorney Howard B.
Areza are hereto, respectively attached as Annexes A and B.
199
A photo copy of the Certificate of Detention of Pedro Mabansag is hereto attached as Annex C.
200
A photo copy of the Letter of the Chief Public Attorney to the President dated January 9, 2003 is
hereto attached as Annex D.
201
A photo copy of the Certificate of Detention of Rogelio delos Reyes is hereto attached as Annex E.
202
A photo copy of the Letter dated of the Chief Public Attorney informing the President regarding the
capture of Noel delos Reyes is hereto attached as Annex F.

On January 13, 2004, after hearing the news that Roberto Lara is about to be
executed on January 30, 2004, a woman, claiming that she knows something about the
innocence of Roberto Lara, came to the Office of the Chief Public Attorney to give her
statement that might help exonerate Roberto Lara.

Meanwhile, the arraignment of accused Pedro Mabansag and Noel delos Reyes
were initially set on January 12, 2004 by the Regional Trial Court, Branch 272 in Marikina,
but was however, reset to February 9, 2004 in view of the failure of Police Escort Rodolfo
Bayas of the Police Anti-Crime Emergency Response (PACER) at Camp Crame to bring
accused Pedro Mabansag for arraignment.
203

Arguments in support of the Motion

Honorable Magistrates, there are compelling justifiable reasons for ordering a stay of
the scheduled executions of condemned convicts Roderick Licayan and Roberto Lara, in
view of the arrest of other named individuals who are co-accused in the said kidnapping
case and the surfacing of a witness claiming the innocence of Roberto Lara. Others may
surface too, and help testify for the defense of accused-appellant Roderick Licayan.

Your Honors, it would be very much legally absurd to go to trial with the other named
suspects herein who are set to be arraigned, yet allow the executions of Licayan and Lara
to proceed, despite of the fact that all of the nine (9) accused were charged in the same
said cases.

After the assumption of the Arroyo administration, the composition of the Supreme
Court has drastically changed with the appointment of new members thereof upon the
203
Photocopies of the Order and Notice of Arraignment dated January 12 & 13 2004 respectively are hereto
attached as Annex G
retirement of other Members. The Decision of the lower Court imposing the death penalty
on appellants Licayan and Lara was promulgated during the past administration in 1999.

We would like to draw the attention of all the Members of this Honorable Court to the
fact that, during the presentation of the defense evidence of Licayan and Lara in the trial
court level, the testimonies of the accused-appellants herein, were uncorroborated. They
alone testified in their defense.

Your Honors, the government, through the prosecution service has, at its wide range
of disposal, an arsenal of government resources to prosecute accused persons and in
securing the attendance of its witnesses. Complainants and victims of criminality, in
general, have the privilege of coordinating their legal strategy with prosecutors without any
hindrance.

On the other hand, accused persons, like Licayan and Lara who are behind bars,
during the pendency of their trial, have difficulty coordinating their defense strategy with
their counsel, considering that they are detention prisoners which restricts formulation of
legal strategy and coordination with their witnesses who may help reveal the truth and
exonerate them from criminal liability.

As a result, vital witnesses for the defense did not surface, as in this case. It was
never known if there ever will be..until now.

With this predicament notwithstanding, more witnesses may come out, especially if
their conscience are bothered, that may result in the reversal or at least modify the
conviction of accused-appellants herein.

While we are not unaware of the principle of finality of judgments, there are
exceptions obtaining in this case, pro hac vice, that will justify the re-opening of the case of
appellants Licayan and Lara.

Can we even fathom the deadly consequences of allowing the execution of death
convicts Licayan and Lara to proceed, while the trial is still on-going with respect to the
other co-accused?

The cases were in fact set for arraignment on February 9, 2004 insofar as the
arraignment of Pedro Mabansag and Noel delos Reyes which is 10 days after the
supposed excecutions on January 30, 2004 have taken place.

What if later on, one or both accused Licayan and Lara will be revealed to be
innocent by the evidence subsequently presented after their executions, how can we
make both of them alive to rejoice upon the verdict of acquittal?

The appearance of witnesses which will form part of the testimonial evidence that
maybe presented after the supposed execution are circumstances that ought to delay the
execution.

We as Public Defenders strongly believe that the Honorable Supreme Court has an
imperative duty in the eyes of the law and our God to meet this emergency and order the
postponement of the scheduled executions.

The celebrated case of Echegaray v. Secretary of Justice,
204

while not favorably
acted upon by this Honorable Court cannot be used to deny this Motion because we have
different grounds raised herein. We have new circumstances on hand.
As lawyers for the poor, we are of course, unsure as to whether at the end of the
day, the capture and trial of the cases of the other co-accused of Licayan and Lara, as well
as any other new witnesses will have made a difference in saving the lives of Licayan and
Lara. One thing for sure is that, awaiting the outcome of the trial of the other co-accused is
the better option, lest we terminate the lives of two (2) men who turn out to be innocent by
mounting evidence of exoneration that may arise during the trial of the other co-accused.
The process of execution of death inmates in case of wrongful convictions is irreversible.

In Padayawon v. People,
205
It is well-settled that the Supreme Court has the power to control the
enforcement of its decision, including the issuance of a temporary restraining
order (TRO) to stay the execution of a death sentence which is already final.
in which, herein death convicts Licayan and Lara also
joined as petitioners, the Supreme Court held, that:

In the said case of Echegaray
206
x x x it must be accepted as a hypothesis that postponement of the
date (of execution) can be requested. There can be no dispute on this point. It
is a well-known principle that notwithstanding the order of execution and the
executory nature thereof on the date set at the proper time, the date therefore
can be postponed even in sentences of death. x x x
the Supreme Court however, declared that
postponement of the date of execution can be requested if there are supervening events
and circumstances that may compel the Court to intervenene. It emphatically declared,
that:

x x x If one of the ways is by direction of the court, it is acknowledged
that even after the date of the execution has been fixed, and notwithstanding
the general rule that after the (court) has performed its ministerial duty of
204
301 SCRA 97.
205
G.R. No. 154569.
206
301 SCRA 97.
ordering the execution . . . and its part is ended, if however a circumstance
arises that ought to delay the execution, and there is an imperative duty
to investigate the emergency and to order a postponement.

x x x To be sure, the most important part of a litigation, whether civil or
criminal, is the process of execution of decisions where supervening events
may change the circumstance of the parties and compel courts to
intervene and adjust the rights of the litigants to prevent unfairness. It is
because of these unforeseen, supervening contingencies that courts
have been conceded the inherent and necessary power of control of its
processes and orders to make them conformable to law and justice.
(underscoring supplied)

In the more recent case of People v. Romeo Gallo,
207
The Court has had the opportunity to decide in a long line of cases
that the tribunals retain control over a case until the full satisfaction of the final
judgment conformably with established legal processes. It has the authority
to suspend the execution for a final judgment or to a modification
thereof as and when it becomes imperative in the higher interest of
justice or when supervening events warrant it.
the accused-appellant therein,
through the Public Attorneys Office filed a Motion to Re-Open Case. In this case, the
Decision of this Honorable Court affirming accused-appellants conviction had already
become final and executory. In fact, accused-appellant was already scheduled to be
executed by lethal injection. The Supreme Court gave due course to the Motion to Re-
Open Case and rationalized in this wise:
208

(Underscoring supplied)
Your Honors, we respectfully submit, that the present Motion to Re-open the case of
death convicts Licayan and Lara, is now the very case, where the exact circumstances of
the ratio decidendi aforementioned in Echegaray and Gallo are present.

We respectfully submit that the latest apprehension of the other co-accused in
this case, as well as the surfacing of new witnesses for the defense is a supervening
event that ought to defer the scheduled execution of Roderick Licayan and Roberto Lara.
207
315 SCRA 461.
208
Candelaria v. Caizares, 4 SCRA 738; Philippine Veterans Bank v. Intermediate Appellate Court, 178
SCRA 645; Lipana v. Development Bank of Rizal, 154 SCRA 257; Lee v. De Guzman, 187 SCRA 276;
Bacharach Corporation v. Court of Appeals, G.R. No. 128349, Spetember 25, 1998.

Some vital issues still need to be addressed in the trial court that may change the
fate of the accused-appellants herein. For example, as argued in the Brief for the Accused-
Appellants, assuming without admitting, that appellants Licayan and Lara are guilty of
complicity in the crime, their criminal liability should be that of accomplices only. Thus, the
imposable penalty would necessarily be reduced from that of a principal, to that of an
accomplice only.
209

However, this argument was rejected by this Honorable Court, reasoning that
conspiracy existed between appellants and the other alleged kidnappers as inferred
allegedly from appellants act of guarding the kidnap victims herein.

Now, the capture of co-accused Mabansag and Delos Reyes who are both claiming
that Lara was innocent, and another witness who volunteered to testify in favor of the
appellants may have a convincing effect on the lower court and which may prove that there
was no conspiracy to speak of between appellants Licayan, Lara, Pedro Mabansag, and
Nestor delos Reyes. Thus, there is reasonable doubt as to their guilt.

There is also the matter of the alleged torture that was inflicted on Roberto Lara.
Aside from this, Lara also remained consistent during the interview of the undersigned
(Public Attorney II) regarding his claim that his sworn confession taken on August 12, 1998
was already prepared when the supposed counsel
210
209
Brief for the Accused-Appellants, Third assignment of error.
provided for by him made him sign
the same. Your Honors, please, if the scheduled executions of Licayan and Lara shall
proceed with as scheduled on January 30, 2004, then the prosecution service has become
a weapon of defeating justice itself. This should not be allowed to happen so that the
complete truth behind this case will be unraveled.
210
Atty. Confessor Sansano.

In fact, even the Office of the Solicitor General (OSG) recommended to the effect
that the death penalty should not be imposed on Licayan and Lara in the interest of
justice and civility. We quote:
x x x But in the interest of justice and civility, the death penalty should not be
imposed x x x
211

As Public Attorneys for death convicts Roderick Licayan and Roberto Lara, we
respectfully move before this Honorable Court to exercise its highest form of judicial
statesmanship by extending its extraordinary arm in this difficult novel move to plead for the
lives of death convicts Licayan and Lara and allow the re-opening of their cases and have
the same remanded to the court a quo.
While the governments drive against kidnapping incidents deserves everybodys
support, it is precisely when the governments aims are beneficient that Courts should be
most on guard to protect the rights of the accused.

With due highest respect, let us all not be blinded to the glaring possibility that death
convicts Licayan and Lara might be the victims of injustice, under the guise of State
sanctioned killing, but rather we as members of the Bar should be enlightened with the
truth, for this may yet be our finest hour in the history of the Philippine legal profession.
The Public Attorneys Office sincerely hopes that the Honorable Supreme Court shall
adopt the ratio decidendi in People v. Gallo,
212
P R A Y E R
in the interest of truth and justice.
WHEREFORE, premises considered, and in view of the recent development that Pedro
Mabansag and Noel delos Reyes who were charged in the same criminal case numbers
211
See Brief for the Appellee (Solictor General), p. 31, par. 1.
212
Supra.
before the Regional Trial Court, Branch 272, Marikina City, have been set for arraignment
on February 9, 2004, it is most respectfully prayed of this Honorable Court that a
Resolution be issued:
1. Ordering the DEFERMENT/POSTPONEMENT of the scheduled executions on
January 30, 2004 of Roderick Licayan and Roberto Lara; and,
2. Ordering the case of death convicts Roderick Licayan and Roberto Lara in G.R.
Nos. 140900 & 140911 to be RE-OPENED and REMANDED to the court a quo for
further trial and reception of defense evidence, together with the trial in so far as
newly arrested accused Pedro Mabansag and Rogelio Delos Reyes are concerned.
Quezon City for Manila, January 15, 2004.

NIA Road, cor. East Avenue
Diliman, Quezon City.

By:

ROLL No. 36327
IBP No. 590164 12-29-03

AMELIA C. GARCHITORENA
Public Attorney IV
ROLL No. 23557
IBP No. 603866 1-07-2004

ELPIDIO C. BACUYAG
Public Attorney III
ROLL No. 33197
IBP No. 560420 05-03-2002

&

HOWARD B. AREZA
Public Attorney II
ROLL No. 43886
IBP Lifetime No. 04638

NOTICE OF HEARING

ATTY. LUZVIMINDA D. PUNO
Clerk of Court
Supreme Court En banc
Manila

Office of the Solicitor General
134 Amorsolo St. Legaspi Village,
Makati City

G R E E T I N G S:

Kindly set the foregoing URGENT MOTION TO REOPEN, etc. for ORAL
ARGUMENTS on J anuary 19, 2004 at 10:00 a.m. or at the time when the Court is
available in view of the urgency and importance of this Motion.

HOWARD B. AREZA

EXPLANATION
(Pursuant to Sec. 11, Rule 13
of the 1997 Rules on Civil Procedure)

The foregoing pleading was served to the other parties by registered mail, since

HOWARD B. AREZA

Copy furnished:

Her Excellency
PRESIDENT GLORIA MACAPAGAL-ARROYO
Office of the President
Malacaang, Manila

Hon. Merceditas N. Guttierez
Acting Secretary of Justice
Padre Faura

OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street,
Legaspi Village,
Makati City

OFFICE OF THE CITY PROSECUTOR
Marikina City

The Presiding Judge
RTC, Branch 272
Marikina City

NATIONAL BILIBID PRISONS
Bureau of Corrections
Muntinlupa City



Tanggapan ng Manananggol Pambayan

MEMORANDUM CIRCULAR NO. 001
SERIES OF 2012

PAO REVISED STANDARD PROCEDURE IN
MEDIATION AND CONCILIATION

Preliminary Statement

WHEREAS, pursuant to Chapter 7 (Good Governance and Rule of Law) of the
Philippine Development Plan (2011-2016), which is His Excellency President
Benigno S. Aquino IIIs development agenda and tool in the implementation
of His Excellencys administrations programs and projects, it is provided
that Strengthen the Rule of Law xxx Promote the Use of Alternative
Dispute Resolution (ADR) - The government shall encourage and actively
promote the use of ADR. Resorting to ADR could help decongest both court
and prosecution dockets of cases which may be subject of ADR and allow the
courts and the prosecution to dedicate their resources in resolving equally
important cases brought before them. It will also spare both the parties and
the government from litigation costs and the tedious judicial and
administrative processes thus helping the parties achieve speedy and
impartial justice;

WHEREAS, the Citizens Legal Assistance Office (CLAO) since its creation under
Presidential Decree No. I and Implementing Order No. 4 dated October 23,
1972, now known as Public Attorneys Office (PAO) pursuant to the
Administrative Code of 1987 and Republic Act (RA) No. 9406, has been
conducting up to the present its Mediation and Conciliation Services for the
benefit of indigent clients involved in disputes not yet filed in court;

WHEREAS, to set the standards and policies in protecting the rights of the
conflicting parties involved thereat, then Chief Public Attorney Reynold S.
Fajardo issued Memorandum Circular (MC) No. 05, Series of 1997, Section
4, Article V, dated August 21, 1997, and amended by Section 4, Article V,
Memorandum Circular (MC) No. 18, Series of 2002, dated May 9, 2002
issued by incumbent Chief Public Attorney Persida V. Rueda-Acosta,
strengthening the Mediation and Conciliation services consistent with the
mandate of the Public Attorneys Office;

WHEREAS, the said Mediation and Conciliation services of the Public Attorneys
Office, resulted in thousands of disputes settled thereby reducing the influx
of cases being filed in courts and quasi-judicial bodies;

WHEREAS, Public Attorneys acting as Mediators and Conciliators who
exercise/perform Quasi-Judicial function and services, have contributed to
the unclogging of dockets of courts and quasi-judicial bodies nationwide;

WHEREFORE, to set policies responsive to the present situation and existing laws
and regulations applicable on the matter, it is imperative for the Public
Attorneys Office to promulgate its Revised Standard Procedure in Mediation
and Conciliation.

ARTICLE 1
PURPOSE

Section 1. Purpose. - This Memorandum Circular is issued to set forth, define, amend,
and clarify the guidelines to be observed by Public Attorneys in rendering mediation and
conciliation services to qualified clients, so that the mandate of the Office under R.A.
9406 (PAO Law), the state's policy of party autonomy in resolution of disputes and the
promotion of the use of alternative dispute resolution
1
, and the Code of Professional
Responsibility
2
, be fully served and realized.

This Memorandum Circular is also issued to consolidate and integrate the
practices and guidelines observed first by the CLAO lawyers and subsequently by
Public Attorneys, in the implementation of the PAO's policy of exhausting non-litigious
and non-adversarial means of conflict resolution.

ARTICLE 2
DEFINITION OF TERMS

Section 1. Definition of Terms. - for purposes of this Memorandum Circular, the
following terms shall mean:

a) Conciliation/Mediation the process whereby a Public Attorney to whom a
dispute is referred, calls the parties thereto for a conference to discuss their
differences and assists them in developing mutually agreeable and beneficial
solutions to their dispute.

b) Notice of Conciliation/Mediation a written notice from a Public Attorney

1 As expressed in Republic Act No. 9285 otherwise known as the Alternative Dispute Resolution Act of 2004, to
wit: To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make
their own arrangement to resolve disputes. Towards this end, the State shall encourage and actively promote
the use of Alternative Dispute Resolution as an important means to achieve speedy and impartial justice and de-
clog court dockets. X x x [Sec. 2(a)]
2 Canon 1, Rule 1.04. - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit
of a fair settlement.

addressed to the parties in a dispute calling them to a conference before the
Public Attorney at a specific place, date and time to discuss and find solutions
thereto.

c) Compromise Agreement a written agreement by which, in consideration of
mutual concessions, the parties terminate a controversy under such terms and
conditions they agreed upon.

ARTICLE 3
COVERAGE

Section 1. Coverage. - The Public Attorneys Office shall extend legal assistance to an
indigent requesting party or parties involved in a dispute for the purpose of
mediation/conciliation.

Section 2. Subjects of Mediation/Conciliation. - All disputes except those already filed
in courts.

ARTICLE 4
MEDIATION/CONCILIATION PROCEDURE

Section 1. Initial Interview. The initial interview of the requesting party or parties
shall be conducted by the staff, or in his/her absence, by the Public Attorney, to
determine if qualified under the Indigency Test
3
.

Section 2. Referral to the Public Attorney. The requesting party or parties shall be
referred to the Public Attorney who shall determine if the matter is proper for
conciliation/mediation. If appropriate, the Public Attorney shall issue a Notice of
Mediation/Conciliation to the parties indicating therein the place, date and time for the
conduct of the same.

Section 3. Personal Appearance of Parties. The Mediation/Conciliation shall be
conducted with both parties present. However, the parties may appear through their duly
authorized representative if justified by the circumstances.

In case the adverse party appears with counsel, the latter shall be informed that he
can only serve or act as his adviser for purposes of protecting his rights.

The Mediation/Conciliation shall be set at least three (3) times and if the adverse
party shall not appear without any justifiable cause, the appropriate action/petition may
be filed before the proper court or quasi-judicial body having jurisdiction over the
subject matter of the dispute or complaint provided that the requesting partys cause of
action is meritorious and supported with sufficient evidence.

Unless an extension of time has been requested by either party on reasonable
grounds, the Public Attorney rendering mediation/conciliation services shall terminate

3 Section 2b, Article V of the PAO Operations Manual

the proceedings not later than three (3) months from the acceptance of the case.

Section 4. Effect of a Party's Failure to Appear.

a) Requesting Party/Complainant The failure of the requesting
party/complainant to appear in the first scheduled Mediation/Conciliation shall cause the
setting of the case for another conference. If said failure was without justifiable reason,
the handling Public Attorney shall consider the case closed and terminated for lack of
interest.

b) Adverse Party/Respondent In case the adverse party/respondent fails to
appear for three (3) consecutive scheduled Mediation/Conciliation without justifiable
reason, the Public Attorney shall evaluate the complaint and file the appropriate action
in court or the proper forum, if warranted.

Section 5. Conduct of the Mediation/Conciliation Proceedings. During the
Mediation/Conciliation, the Public Attorney shall explain to the parties the importance
and benefits of the same and shall encourage them to come to an amicable settlement or
compromise agreement not contrary to law, public policy, customs and good morals.
The Public Attorney shall, at all times, avoid impropriety in the conduct thereof.

The Public Attorney conducting the mediation/conciliation shall record or cause
the recording of the material facts that transpired during the meeting and shall be signed
by him and the parties and attached to the folder of the case.

Section 6. Termination of the Mediation/Conciliation Proceedings.

a) When the parties agree to a settlement, the handling Public Attorney shall, in
their presence, prepare a Compromise Agreement stating therein the terms and
conditions agreed upon. Before the parties and their witnesses affix their signatures on
the document, the handling Public Attorney shall read and explain its contents, in a
language or dialect known and understood by them, giving emphasis to their
corresponding duties and obligations as well as the consequence for non-compliance
therewith.

b) If no agreement is reached by the parties, the handling Public Attorney shall
determine whether or not a case should be filed in court or before a proper forum with
the approval of the District Head, if applicable.

ARTICLE 5
RECORDING AND REPORTING CASES

Section 1. Office Logbook and Recording System for Mediation/Conciliation. - A
separate logbook and recording system shall be maintained by the office conducting
mediation/conciliation.

The logbook shall contain the following entries:

Entry No.
Date Received
Name, Gender, Age, Citizenship, Ethnicity, Contact Number and Address
of Requesting Party/Complainant
Name, Gender, Age, Citizenship, Ethnicity, Contact Number and Address
of Adverse Party/Respondent
Issue/s for Mediation/Conciliation
Date of 1
st
Notice/ Mediation/Conciliation
Date of 2
nd
Date of 3
rd
Recommendation
Results

Section 2. Reporting. - The Public Attorney shall include in the monthly report the
number of cases for conciliation/mediation received and the number of cases terminated.

ARTICLE 6
FINAL PROVISIONS

Section 1. Suppletory Application. The provisions of Office Order No. 137, Series of
2010, otherwise known as the PAO Operations Manual and Memorandum Circular No.
007, Series of 2010 otherwise known as the Code of Conduct for Public Attorneys and
Employees, shall apply herein in suppletory manner.

Section 2. Repealing Clause. All Circulars and Memoranda or any portion thereof
inconsistent herewith are hereby repealed or modified accordingly.

Section 3. Effectivity. This Memorandum Circular shall take effect immediately.

Signed in Quezon City, Metro Manila on the 4
th
of January 2012.



WE, the undersigned Officials of the PUBLIC ATTORNEYS OFFICE, do hereby present and
ratify the PAO Revised Standard Procedure in Mediation and Conciliation, this 14
th
day of December
2011 at the 4
th
MCLE Accredited Convention for Nationwide PAO Lawyers, the Tent, Manila Hotel,
One Rizal Park, Manila, Philippines.

(Sgd.) MACAPANGCAT A. MAMA (Sgd.) SILVESTRE A. MOSING
Deputy Chief Public Attorney Deputy Chief Public Attorney
for Luzon for Visayas & Mindanao

(Sgd.) EMMANUEL H. DIONES (Sgd.) FRISCO F. DOMALSIN
Officer-in-Charge Regional Public Attorney
National Capital Region Cordillera Administrative Region

(Sgd.) TOMAS B. PADILLA (Sgd.) RENATO T. CABRIDO
Regional Public Attorney Regional Public Attorney
Region I Region II

(Sgd.) SALVADOR S. HIPOLITO (Sgd.) DIOSDADO S. SAVELLANO
Region III CALABARZON

(Sgd.) ELPIDIO C. BACUYAG (Sgd.) RAMON N. GOMEZ
MIMAROPA Region V

(Sgd.) CALIXTO S. PEREZ (Sgd.) MA. G-REE R. CALINAWAN
Region VI Region VII

(Sgd.) FLORENCIO M. DILOY (Sgd.) NORLAINE M. CAPAL-AMPASO
Regional Public Attorney Officer-In-Charge
Region VIII ARMM

(Sgd.) EDGARDO D. GONZALES (Sgd.) NUNILA PARAS-GARCIA
Zamboanga Penisula Region 10

(Sgd.) FRANCIS A. CALATRAVA (Sgd.) DATUMANONG A. DUMAMBA
Davao Region SOCCSKSARGEN

(Sgd.) EDGAR Q. BALANSAG
Regional Public Attorney
CARAGA Region

Signed:


(Heading)

___________________ PAO Mediation /Conf. Control No. ________
___________________
__________________ For:
Complainant/s,

- versus

___________________
___________________
___________________
Respondent/s.
X - - - - - - - - - - - /

NOTICE OF MEDIATION/CONCILIATION CONFERENCE

TO: _________________
_________________
_________________

Sir/Madam:

Please be informed that the herein complainant/s has/have sought legal assistance for
a possible conciliation with you on the matter.

In line with the policy of this Office to explore all possible avenues for an amicable
settlement of disputes/controversies, and of the government on Alternative Dispute Resolution,
as mandated under Republic Act No. 9285, you are hereby invited to a conference on the date,
time and place indicated below:

DATE : _____________________
TIME : _____________________
PLACE : PUBLIC ATTORNEYS OFFICE

Cagayan de Oro City, __________________.
Very truly yours,

___________________________
Regional Public Attorney/DPA/PA

REQUEST FOR SERVICE

THE CHIEF OF POLICE THE PUNONG BARANGAY
_________________ _____________________
_________________ _____________________
Sir/Madam:

ANNEX A
NOTICE FORMS

Kindly cause this Notice of Conciliation Conference to be served to the addressee/s
and return the original copy to the undersigned with your proof of service.

Thank you.
__________________________
(Heading)

___________________ PAO Mediation/ Conf. Control No. ________
___________________
___________________ For:
Complainant/s,

- versus

___________________
___________________
___________________
Respondent/s.
X - - - - - - - - - - - /

2
nd

TO: _________________
_________________
_________________

Sir/Madam:


as mandated under Republic Act No. 9285, you are hereby invited to a SECOND conference
on the date, time and place indicated below:

DATE : _____________________
TIME : _____________________


Very truly yours,

___________________________


REQUEST FOR SERVICE

THE CHIEF OF POLICE THE PUNONG BARANGAY
_________________ _____________________
_________________ _____________________

Sir/Madam:

Kindly cause this Notice of Mediation/Conciliation Conference to be served to the
addressee/s and return the original copy to the undersigned with your proof of service.

Thank you.
__________________________
(Heading)

___________________ PAO Mediation/Conf. Control No. ________
___________________
___________________ For:
Complainant/s,

- versus

___________________
___________________
___________________
Respondent/s.
X - - - - - - - - - - - /

3
rd

TO: _________________
_________________
_________________

Sir/Madam:


as mandated under Republic Act No. 9285, you are hereby invited to a THIRD and FINAL
conference on the date, time and place indicated below:

DATE : _____________________
TIME : _____________________

Failure on your part to attend the Mediation/Conciliation Conference may compel the
complainant/s to take action before the courts.



Very truly yours,

___________________________

REQUEST FOR SERVICE

THE CHIEF OF POLICE THE BARANGAY CHAIRMAN
_________________ _____________________
_________________ _____________________

Sir/Madam:

Kindly cause this Notice of Conciliation Conference to be served to the addressee/s
and return the original copy to the undersigned with your proof of service.

Thank you. __________________________

________________________ ) S. S.

COMPROMISE AGREEMENT

We, ____________________ and ___________________, both of legal age,
single/married, and residents of _________________, and ______________________,
respectively, after having been duly sworn to an oath in accordance with law, hereby depose
and say, that:

1. On ___________________, at the Public Attorneys Office, District of
__________________________, Region ______, a mediation/conciliation
conference was conducted between/among us;

2. As a result of the said mediation/conciliation conference, we settled our differences
and amicably come to an agreement, the stipulations of which are as follows;

a. _______________________________________________________________

b. _______________________________________________________________

c. _______________________________________________________________

d. _______________________________________________________________

e. _______________________________________________________________

ANNEX B

3. We hereby undertake to comply with our respective obligations as above set forth,
with utmost diligence and good faith;

4. It is understood that should anyone among us shall violate the terms and conditions
of this agreement, the appropriate court action can be filed against the party for
failure to comply the stipulations agreed upon herein.

5. This compromise agreement is not contrary to existing law, morals, good customs,
public policy and 1987 Constitution.

6. Before affixing our signatures below, this Compromise Agreement was read and
explained to us, in a dialect/language known to us and we fully understand the
foregoing Compromise Agreement and the contents of the same.

IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of
______________, 20__ at _________________, Philippines.

______________________ ______________________
Complainant/Requesting Party Respondent/Adverse Party
_____ID No. ID No. ____ _____ID No. ID No. ____

______________________ ______________________
Witness Witness
_____ID No. ID No. ____ _____ID No. ID No. ____

SUBSCRIBED AND SWORN to before me on the date and place above-written by the
Affiants who exhibited their identification cards ____________ and __________. I hereby
certify that I personally examined the herein Affiants and I am morally convinced and satisfied
that they voluntarily executed this Compromise Agreement and have fully understood its
contents.


MEMORANDUM CI RCULAR NO. _ _ _
Ser i es of 2 0 12

REVISED STANDARD OFFICE PROCEDURE IN EXTENDING
LEGAL ASSISTANCE DURING CUSTODIAL INVESTIGATION
AND INQUEST PROCEEDINGS

WHEREAS, under Sec. 12 (1) Article III of the Philippine Constitution and
Republic Act No. 7438 enacted on April 27, 1992, all persons arrested,
detained or under custodial investigation are entitled to be assisted by counsel
and as mandated by Republic Act (RA) No. 9406;

WHEREAS, to safeguard the rights of persons arrested, detained, or
under custodial investigation and inquest proceedings required to be assisted
by counsel but who cannot secure their own counsel, then Minister of Justice
Hon. Ricardo C. Puno, issued Ministry Order No. 50-K-1 dated 03 December
1979, to the then Chief Citizens Attorney regarding the assignment of Citizens
Attorneys to Central Inquest Stations;

WHEREAS, the Chief Public Attorney Persida V. Rueda Acosta issued
Memorandum Circular No. 002, Series of 2008 dated April 04, 2008, setting
forth the guidelines to be observed by the inquest lawyers of the Public
Attorneys Office (PAO) and their assistants in rendering legal assistance to
arrested/detained persons;

WHEREAS, Article X , Section 6.1 of Office Order No. 137, Series of 2010
otherwise known as PAO Operations Manual similarly prescribed guidelines and
procedure to be observed by Public Attorneys in rendering legal assistance to
arrested persons during custodial interrogation and inquest proceedings;

WHEREFORE, to consolidate the above mentioned Memoranda and update
them to make them more responsive to the present situation and guide Public
Attorneys in the discharge of their duties in rendering legal assistance during
custodial investigations and inquest proceedings to persons arrested, it is
imperative for the PAO to promulgate this Revised Standard Office Procedure in
Extending Legal Assistance During Custodial Investigations and Inquest
Proceedings.

Article I

Purpose this Memorandum Circular is issued to set forth, define, amend,
and clarify the guidelines to be observed by Public Attorneys in rendering legal
service to persons arrested, detained or under custodial investigations and inquest
proceedings.

002

Article II

Definitions of Terms

1. Custodial Investigation refers to the critical pre-trial stage when the
investigation being conducted by the police or other law enforcement bodies is no
longer a general inquiry into an unsolved crime but has begun to focus on a
particular person as a suspect.

2. Inquest Proceedings informal and summary investigation conducted by
a public prosecutor in criminal cases involving persons arrested and detained
without the benefit of the warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and
correspondingly be charged in court.

Article III Coverage

Section 1. The PAO shall extend legal assistance to persons arrested,
detained, under custodial investigation or inquest proceedings who cannot secure
their own counsel pursuant to Memorandum Circular 002, Series of 2008 and Office
Order No. 137, Series of 2010 otherwise known as PAO Operations Manual;

Article IV

Duties and Responsibilities of Inquest Duty Lawyers, Inquest Assistants,
Over-all Coordinators, Coordinators, and Secretariat

Section 1. Inquest Lawyers

a. Inquest lawyers who are on duty shall render assistance during
police custodial interrogation and inquest investigation to persons
who cannot secure their own counsel, and arrested indigent
persons as called-in by police precincts;

b. Inquest lawyers shall provide other legal services necessary for
effective assistance to arrested indigent clients and phone callers
seeking legal advice;

c. In case a duty Inquest lawyer is unavailable to render inquest
assistance, the inquest lawyer shall immediately and properly
inform and make the necessary arrangement with the Team
Leader for duty substitution;

d. Upon request, the Inquest lawyer shall assist the
suspect/respondent in the protection of his constitutional and
statutory rights and in the observance of due process;

e. Harmonious and friendly relations with the police investigators
and inquest prosecutors shall be maintained, without however
compromising the interest of justice and of the person being
assisted;

f. They shall perform such other duties as may be impliedly
necessary for the effective performance of inquest duties.


g. They shall submit a report on the legal action taken on the case of
the arrested indigent client and other legal services rendered.

Section 2. Inquest Assistants

a. Inquest Assistants shall perform steno-clerical functions in giving
assistance to the Inquest Lawyer assigned in a specific station
during the day;

b. They shall accompany the assigned Inquest Duty lawyer and record
all inquest and legal assistance activities extended to arrested
indigent clients and legal advice over the phone;

c. Inquest Assistance shall wear their Office identification Card (ID
Card) while on inquest duty;

d. They shall perform such other duties as may be impliedly
necessary for the effective performance of inquest duties.

Section 3. Over-all Coordinators and Coordinators

a. Supervise and monitor the performance of Night Duty Lawyer and
Night duty staff;

b. Conduct spot / surprise inspection if the Night duty lawyers and
Night Duty staff are performing their assigned duties and if they
are at their work stations; and

c. Act as substitute whenever a Night Duty Lawyer or Night Duty
Staff is not available / absent.

Section 4. Secretariat (PAO Central Office)

a. The Secretariat shall receive, compile and record the reports
submitted by the Inquest Night duty lawyer;

b. The Secretariat members, including the Secretariat Head and
Assistant Head shall also act as substitute whenever a Night Duty
Staff is not available / absent. The secretariat Head or Assistant
Head shall assign who among themselves shall be the substitute;
and

c. The Secretariat Head, Assistant Head, and members shall also
conduct spot/surprise inspection if the Night Duty Lawyers / Staff
are performing their assigned duties and if they are at their work
station;

d. The Secretariat shall be responsible in monitoring the submission
of said report and also the submission to the Over-all Coordinators
of the list of Night Duty Lawyers who failed to comply/.

e. They shall perform such other related functions as assigned by the
Over-All Coordinators.


Article V

Procedure to be observed during custodial investigations
and inquest proceedings.

1. Public Attorneys shall extend legal assistance to persons arrested,
detained, under custodial investigation or inquest proceedings who cannot secure
their own counsel;

2. The Public Attorney shall initially interview the arrested or detained
person to determine his personal circumstances, the date, time and place of his
arrest or detention and the circumstances surrounding his arrest;

3. Should the arrested/detained person appears to be 15 years old and
below, the Public Attorney shall communicate this matter to the investigating
officer and request him/her to refer the arrested/detained minor to the local
DSWD for proper disposition pursuant to Republic Act (R.A.) No. 9344, otherwise
known as Juvenile Justice and Welfare Act of 2006;

4. Where the arrested/detained person appears above 15 years but below 18
years old, the Public Attorney shall request the investigating officer to determine
whether the minor acted with discernment and if found negative, to demand the
immediate release of the arrested/detained minor;

5. The Public Attorney shall likewise determine whether the
arrested/detained person appears to have been tortured and if in the affirmative,
to demand that he be immediately brought to the nearest government medical
practitioner or in the absence thereof, to a private physician for a thorough
medical and physical examination pursuant to RA No. 9574 otherwise known as Anti
Torture Act of 2009 approved on November 10, 2009;

6. In case of custodial investigation, should the Public Attorney believe that
the evidence in the hands of the arresting/investigating officers is insufficient to
support the charge against the arrested/detained person, he shall demand the
immediate release of the said person pending further investigation;

7. Should his request be denied, the Public Attorney shall demand the
immediate transmittal of the records of the police investigation to the Inquest
Prosecutor for inquest proceedings;

8. In case the arrested/detained person wishes to execute an extra judicial
confession, the assisting Public Attorney shall ensure that the affiant is given the
full opportunity to make an informed and voluntary decision, the consequences of
his execution of an extra-judicial confession and that he is under no compulsion to
sign the same by uprising him of his Miranda Rights under the 1987 Constitution
and pursuant to Republic Act (R.A.) No. 7438
1
;

9. Should the arrested/detained person insist on giving his extra-judicial
confession after the Public Attorney has apprised him of his rights as stated in the
immediately preceding paragraph, the Public Attorney shall:

a. Be present at all stages of the proceedings.

1
An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation As Well As the Duties of the Arresting, Detaining and Investigating Officers, and
Providing Penalties for Violations Thereof.

b. Ensure that the arrested/detained person is accorded his full rights
as provided for in Section 2 of RA 7438;

c. Read and adequately explain to the arrested/detained person in a
language and dialect known and understood by him the content of his
extra-judicial confession before he signs or affix his thumb mark
thereon;

10. In case of inquest proceedings, the Public Attorney shall determine if
the same is proper for inquest proceeding and if in the negative, to request the
investigating prosecutor to immediately order the release of the arrested/detained
person for further investigation, otherwise, the Public Attorney shall advise the
arrested/detained person the best course of action under the circumstances to
protect his rights. The Public Attorney shall likewise assist the arrested/detained
person in securing the approval of the reduction of his bail bond and in posting the
same;

11. Should the arrested/detained person wishes to invoke his right to a
preliminary investigation, the Public Attorney shall assist him in the execution of
his waiver of the provision of Article 125 of the Revised Penal Code;

12. Every District Public Attorney shall be responsible in designating lawyers
and staff to respond to the requests for legal assistance of police
stations/precincts and jails particularly during custodial interrogation, inquest
investigation proceedings and jail visitation activity even beyond office hours and
during holidays, Saturdays and Sundays;

13. District Public Attorneys and Regional Public Attorneys shall prepare the
schedule of inquest duties of lawyers and their staff in advance and submit the
same to the Regional Office and the Central Office at least ten (10) days before
the beginning of the month;

14. All lawyers and staff shall perform inquest duties by way of legal
assistance whenever requested by the Police Station Commander or his duly
authorized representative for purposes of inquest proceedings and jail visitation
outreach program even beyond office hours and during holidays, Saturdays and
Sundays;

15. The Inquest duty lawyer and staff assigned at the Regional and District
offices during holidays, Saturdays and Sundays shall render inquest duty from 8:00
a.m. to 5: 00 p.m., and those assigned in the evening shall render inquest duty
5:00 p.m. to 10:00 p.m.;

16. Regional Public Attorneys shall lead and monitor compliance therewith
by all lawyers and staff under their supervision in such a manner as to ensure the
efficient rendition of services during inquest proceedings and the conduct of jail
visitation outreach activity as herein required;

17. Regional Public Attorneys and District Public Attorneys shall ensure the
availability of office telephone lines during office hours and mobile phones at all
times even beyond office hours and during holidays, Saturdays and Sundays to
Station Commanders for efficient coordination and orderly referral of requests for
inquest and custodial investigation assistance;


18. The duty lawyer and duty staff shall be on call to attend to the legal
needs of suspects in the police station within the territorial jurisdiction of the
district;

19. Swapping of scheduled duty may be allowed in cases of emergency
situations (subject to the approval by the Regional Public Attorney or District
Public Attorney concerned);

20. The Inquest duty lawyer and staff shall use their individual monthly Daily
Time Record (DTR) card to record their attendance;

21. The night duty lawyer and night duty staff shall use the landline number
of the field office as their communication line with the police precincts and the
general public;

22. The night duty lawyer and night duty staff whose night duty schedule
will fall on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays shall continue
to report for work on the next day unless the same is declared a non-working
holiday. In such case, the Regional Public Attorney and District Public Attorney
concerned shall coordinate with the Central Office for the arrangement of
schedule of the night duty lawyer and night duty staff for such non-working
holiday;

23. After the disposition of the case, the Public Attorney shall prepare his
written report using PAO Inquest Form No.1-1.

24. The duty lawyer with the assistance of the duty staff, shall submit a
report of his/her activities to the Regional Public Attorney and District Public
Attorney concerned within 3 working days after his/her duty, in consonance with
Memorandum Circular No. 002, Series of 2008.

25. The duty lawyer and the duty staff shall use the existing Inquest Report
form for the report;

26. Failure to submit the required report shall result to the temporary
withholding of the duty lawyers Representation and Transportation Allowance
(RATA); and

27. The Regional Public Attorney or District Public Attorney concerned shall
be responsible in monitoring the submission of the said report and the submission
to the PAO-Central Office of the list of duty lawyers and staff who failed to
comply.

28. The Regional Public Attorney or Regional Officer-in-Charge shall prepare
a consolidated report to be submitted to the Chief Public Attorney within the first
five (5) days of the succeeding month for the determination of the personnel
entitled to inquest allowance, subject to availability of funds, as well as the
Department of Budget and Management (DBM), Civil Service Commission (CSC) and
Commission on Audit (COA) rules and regulations.

Article VI
Final Provisions

Section 1. Suppletory Application. The provisions of Memorandum Circular No.
002, Series of 2008; Memorandum dated September 14, 2010, Memorandum

Circular No. 002, Series of 2011 and Office Order No. 137, Series of 2010 otherwise
known as the PAO Operations Manual shall apply herein in a suppletory manner.

Section 2. Repealing Clause. All Circulars and Memoranda or any portion thereof

Section 3. Effectivity. This Memorandum Circular shall take effect immediately.

th
of January 2012.



ratify the Revised Standard Office Procedure in Extending Legal Assistance During Custodial
Investigation and Inquest Proceedings, this 14
th
day of December 2011 at the 4
th
MCLE Accredited
Convention for Nationwide PAO Lawyers, The Tent, Manila Hotel, One Rizal Park, Manila,
Philippines.



Region I Region II


MIMAROPA Region V


Region VIII ARMM



CARAGA Region

Signed:


..
P)lO IIII0U8::., tW. 1-1
I::wl r:nf!'J
(P 1I'.l1:3ltto Offi:>l 0 rtil r IIIc,. 107.:sa r"9 of2\TE
aid effie r Iatld Offi:>l 0 rde rs)
Inquest Lawyer:
Inquest .A.ssistant:
Schedule of Dutr
Name of Client/s
_ ..
1-- -
,.....--
____
---
--
Nature of Callis
(LBgnl A Ad lAce
-
- -
. j
Ir" ,JQUEST .I.!..SSISTA.NT
--
.... P. ilWi1es
Oaparm Itof.J ISD:::i<
__-\of,
PU B.LlCATTORN EY'S OF F IC E
Dilin :31.0Ia2D1
. .
REPORT
Location Caseis
--
.I
.,
0
-
.. '--
c--.
--
-'
--
C-o
--
-
------- ------------ _ ._._---
IrJQUEST LtI.\lV{ER
-;
I
Action Taken
I
i
I
,
I
,
--
----
.-

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MINIS1RI N3 l,
TANOGI-',PAN 1\lG. PAIvIJt..T! .... S NA LG NG SA MANIJ..),:oA, Y L,N
(CITIZENS LEGAL ASSIS1/...,NCE OFFICE)
. ! ., ::: I" ':::, : M1nlla
"i
OFFICE 'ORDER i :
NO, 74

SUBJECT
"
AIvlENDMENT OF ()FFICE ORDER NO. Li
'S. 1951, REce mnul Il"k:? lRE W1RO
}\(\!\NIL7\ ONI".
In the Interest of' th'oservlcQ C'nd to furlher strengthen the
inguest legal oul're(lch activity whicn "nsurC$ acceS5 to 10
p8fsons urdergolng police custodlcd Inquest In-
vestlgQtion, the Metro Iv'anil(1 In'1ulStUnil o'f the: CLAO is
by rGconstituted Cls'follows:
The Chief Citizens Attorney will b" the: Over-oil Co-
ordinator of the Unit, with thl! Deputy Chief Citizens Attorney
oS the Assistant OVElr-oll Coordinator,' They sholl be
by Coordinators and In'1uest t..,sslstC'nts, who sholl function as ,
ths 'secretariat ond sholl help (1nd manltOf thg <x;tivHlG.3
oFthe ten (10) In'1uGst 1eoms hcreinurY.lur designated.
The composition of tho ten (lr..) Inquost Teams ond their
areas of responsiLility are, QS follows:
Police Stotlon No, 1 ,Honorlo Lot>ez (North Bay) Clvd.,
G0001C1ngin, londo, Iv\:1nllo
1,
2.
,3,
'4 ,
5,
'"
'7.
U.
Mty. JUC'ln L: Luna loom LQodel'
\I Abdulkolirn ,.i\, Alkoli
11
11
Diosdodo T, Cabiling
r\modor G, NG,.;oi11\"CElno
Jacinto P. FormGSo.
Luis E.
WlercedGs V
Arocd'li 1\. RuLln
Police Station No.2, Sande- St" londo, Jv\:,nilo
1. Ally. AI A, C(lstro
2. II Francisco Ton, jr.
3. Danllo VargN
4. II Lino B. Sori("no
5.
6 .
7.
8.
\I
\I
II
\I
Jorge M.
Diosdodo S. SavGllono
10 V. LonoriCl
JU(1nito A. H",rnondcz
TfXlm Leoder

J. j . Jo.. ::- I'
Pollee" St.citionNo;J3j:'Ol:,roto
..
1, Atty, Aurora S ,Lagrnan
2, Alexander T.
3," Danilo V, Ontog
4. II Elpidio N, Abello

S t , I ' [
nlio
. " ' . _
i'lG .. : J'
. ' .. .5. II Robed l.'Cbwed
.. '\;'
,\',:.i'" "': ," . :
Police Station No.4, G, Tuozon Cor, SJi....
,. . , . $<1rnpoIQc,' Monlla
:; '.r _" i :-> :< .. ,.,,:ir,j :,:". ).' .;
. ,.( ,,'Atty .. Pork0r' .': ' ... . , LeodQrc'
fll
.... -. -(,r. "2>':: :11 .,. "'Bonodlcto Cajucom'-:: I: . . .;, . :.:.',.:;., "Jr:i<:.i-::"' J
. 1_'; ,; .) 3',: u "Godofredo R, Robonlol:."" . i. ;"":,';:"
4, II tviell;)nclo W, Claros';; .' d'.,:.' 'I '.; .;
':.5. II .W<ory June Inc long
'.: ..... : .. "6
7
' ", . II, 'Bortolomo P . Reus
,II S . Ccirogqn
I.:.
I',.,
8: II Antonlo!3acolod
. : ',I' . t .. :..I . . .1 \.
i.
Headquarters, WPD, UN Avenue) Corrnlr
,Vonl!a
1 ,
2 ;
Atty.
1\
' .. ;. 3 ... '11
! ;
:,'.!:J
.... : "'4. ':'11
Jose" V.' JUCJn .
ROberto C. Onundnrol
C iri 10 D Doror_1i 10
Procopio C, Lao III
P. Orgul(j)z.c:t
P&dro 8, aagu 1ieTt I . '
LltC1T. Gontle ::., ,;.
Ponfllo ToycJ'<l'! , .
EllzClboth DIt:stll0S "
5,
II
'.
6.
: It
7,
II
I
8.
tI\
:<
",
$' ,
III
l " : ': .. " :.:: ' ,!
Pollee Station No, 0, Fod Bonifacio, H'.otro
, "Nanlla ".
1, Atty.
2 '., .. .11 .
3, II
4i .,'11.
5. II
6. II
7,
II
:;\
Teedor C. Son Juon
Romeo p,' PC1rcon .
Fiorito :..
Leonido 1-\;'1',,'<00010
G odofrooo JOSGf
Eli>idio Colis
Leopoldofl; M::ci nN
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C:,
. : '
Team LoodE;\"
-'.i!.; .
...........

.r " t ".!
I. I '
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QU8:z.on, City Police, Station ,,\rC'm:tll Cenler I CubC"!o, .c:.
. ..
1. "..A try M.
2., IIHlpoilto qa Pcrcdto
3, It t .. CQb<1tuando
4. 1\ Conrddo M. JC'r(lOitn
5, II N'onuol V. GNoia
6,' GIC'dysP.G('IrcICl
7, It Lorra I ne J. LlI.'lOS
8, ,It Erllndo BElllrlln
9," ty\.t..rc6ga
Coloocan Police St,otion , E iglo t,wo 51., ColooC<ffi
-. "'"
1. ,'-\Ily. ALrohom Iv;, Ibn:'1.:z
2.. Rolondo to,. Atanocio
leam
3. 1\ Hortensio G . Do,nlnoo
4. Restituto Yivrn(,!$
5. 1\ Freilan C. Zo,.'Ontc
6. II Erncsto C. GClboy
7. 1\ T ('ronc ill S. Ernl-R iVuro
8. ">.IJonsa
ENtern Police DistriCt , OrUgo. I,ye. Ccr. E.. Rodriguez, Jr.
1. t,tty. Ro,;cllo J. JQI(OS0lcr".
2 '\')oi i nor 10 \)0 n
3 . Ro rLen S. Y
4. . J uo n . S u co, 'J r .
5 . " EdithClC.f'io
6. Ro!;() S. 11llr.d
7." !"ndrc,;z S. Flo
8." Jison I). Julbn
Southern DislTkt , Pasoy City
,
1. Atty. Ign0c io E. ["en i to
2.
"
Roque S. Ferrer
3.
" F03 H. Pociill o
4.
"
,6,be lordo D lO">::15
5.
" Conrado r. Romas
-
6.
II
Felix E. Untnlon
7. Adelino 1". Lu ,',,<" ko ng
Teo m L:.a.d GI'
Team LeadEd"
In the imfJlernentotlon of this Order, the following guidGlln<:s sholl
be o!Jservld:
A. DUTIES L/\WYERS .t..ND ASSIS1/\N1S-
1. Nlole lawyers will bo on niohttirr.Q duty on rotntlon ;X'sis from
o:uO P.M. to. 12:(0 midnight, Including ScdurdC'ys, Sundays rmd KolldQYs.
LCldy lowYf.r, will rcnder SI;;rvlc .. on Sr,.turdays, Sundays I'nd

l' ( ,
, "
If .
)\:;:/;':"\t6 'P:; (da )'11 rne) I
b<; ,:.:;t\ .', ,: .,
2. At the InquEst
C.' 1 ! 1 ..... " ': .. ' ;,' ':' \';;1, : ' I.,.-
o. Int(v i ew Ined to
determine If
CLI\O osshtClli,cOi; ' .. ; ,,' .
. . 'fI
b. Assist th,t:, porsons during :the
Interrogotlonand inqut:sr
1
inve5tigotion,' ond
;,<,', pro.P?ryoses
sory. \Xl II bondj., ....... " .. .. : __ ... _ .. _ .. ..... __
U::I:,'!'.'c';: If aftEr hos)eeri;ex":'
tended I it '(1p'?cors that. thqrre.sfed ;pers():n Is in
need of furthor I'Gg<'1 ossisto'nc'E{ th,,\;CLAO lC\wYE:r
concHned sho I(forthwith tl),e int.I'v iew
sheet to the 0 islrlc t Citizens t,ltornVlY conc('fnEd
or Field Servicgs Divislon';"foi to C1 lriol
lowyer,",' "". ',: '.
.1 sholl su!;.mlt 9 rc;port to:the
, WlthlrilVolo days.'after.lholr,,Jour of duty Hotlng thl.t1omes of, the '
!e,nt,s I' tho ofllorrut(;d,
ond'the asslstanco exlEinded. ' . ."'"
.: ",1_;', t ', ,
, ,
4. Thu Inqu6st .A.ssistC\nts sholl '",rovide,the following sue,00rt
duties: .... : .. " . . I, I-
',' j'
0, Pe,rform steno-cI8ri<;o'l work for the llearn Leoda
and Inquest LnW,i:fS of tilO .
. . ' , . '
b ': I\ssist in interviGwing the orrmtoo/deto
, - .. .' . ," . .. ).- ....
, c, Check the ottwdclncc of InquEst Lowyers nS reflected
" . in the logbook cd tilG '
,! ;,: I j.',.- "
,- . , . ,f ,It
d. Perform such other' be,Pssigned to thtimby
th e Teo m Load ors', 'j' ,,'" I:
'! ,), '
B. DUTIES OF TEt>,MLEt,DERS
,,'
':
, Team. Leaders, "sioe, p0rfonning r.egular Irrquc$t duty f
'5hcill: . .
' f', :', '
1. Sup0'fvise,the iGCjuest octivit.ks of the'merroers of.their
teamsii'" 'I,:, .' ,,' ," ".
.. ,. .. of; .of ;
"\ submlt.\cd 10 .thl;).Over-a1.l C.oo(dlnqlQr w.ltl\ln
"'theflrst five (5) daY's 6f fhEi men thi ',' ' ' '.' <I' ., '\"1 ,bed


, ,
/
I I
I I
,; . " .
''---..-
v
.. b -
j J
I I
'\
3. Submitc consolIdated monthly report of thfJoccnmplish-
ments of theIr te('ms not !r1\t::r thon the seventh dCly 'of thE;
month to the Ovor-'oll Inqudt Coordlnotor.
(
I
C. ALLOWANCES -
The afor0nomed personnel hatlLy C'uthorized to recdve
ollowances and Incentiv .. ' .In such nillounts <:,S riK'y be dIrected by
thil Ove.r-all Coordinctor, to bEl dr(1wn from the ap?"or-"I.oHo.ns,
of .thls OfficE). The InventivGs for In
Office Order No.!:', serle!.-of 191, C'nd a5 amonded by OfflcC':l OrdGl'
No. 69, serles-orm2, shall continue to gOVeI'n the award of In-
centlves. However I the prlvileg() extended to lawyers C'nd InqulIst
oulstants excusing them from work tn", following cloy is hereby dls-
continved .
This Order sholl toke effect Irnrm"diately.

Scpterooer 1, lYS&
Copy furnished:
All Concocncd
,.
/"/9. //l l
.. c.,.-,./ . X'
s.
CbJ.f Citizens
. i
+' . .

Justice
. ' .Manila
DEPARTJvlENT ORDER NO.
July 23, 2007
SUBJECT DESIGNATION OF PERSONNEL
In the interest of public interest and pursuant to the provisions of
laws) Chief Persida V. Rueda-Acosta of the Public Attorney's
Office is hereby authorized t.o conduct legal and medical visitation and
program which will cover .... all jails nationwid,:' including the
Bureau of Corrections, Correctional Institute for Women (CIVV), and
YOUth DetentionHomes nnd Female Detention Centers.
The aims to declog court dockets, decongest over-crowded
detention filciUties i1ud to release oYerstC1ying inmates '""ho h(]ve the
possible maximum sentence which is in consonance with the Social Justice
Program of the gov.er.nment, particularly the Department of Justice.
It. is understood tbat this request is being made l\rithout ilny intent uf
circumventing the austerity meaSUres being by the
government under Adm. Order No. 103 and DOJ Circular
No. 28 and subjoct to the availability of funds and ap?licable COA./DBi\1
if ntI regulif tiuu:;,
7
. i,
". '

.' :;,;\ ,.' ; ",.: .,7 ' , ' ",
',' " RepuolikiLhg'i:pllipihas ",. , '
KAGAWARAN NGKAfARUNGAN
DeparTment of Justice
M.anila
July 02, 1007
Returned to CHIEF PERSIDA V. RUEDA-ACOSTA, Public
i\Uorney's cr ' lice, 5
th
Floor, DOJ Agencies Building, NIA Road corner
East A venu , Difunan., Quezon City, approving her request to conduct
legal and !1Ldical visitation jail decongestion program covering 211
j ails in 311 plovinci31 detention centers nation'\vide.
The request is being tnade to carry the noble purpose of the DOJ-
PAO t.o dec10g court dockets, decongest over-crowded detention
facilities to release overstaying itun3ies \V110 have served the possible
sentence \vhich is consonance \vith the social justice progr3tll
of the gm.renltnent p3t1icularly tile Departtnent. of Justice.
It is understood that the request is being tnacle "\vithout any inte:i
of circutnVentitlg the austerity tneasures being itnpletnented by the
govermncnt under Acln1. Orc
1p
r No. 103 and DO] IVIe!norandutn Circular
No. 28 3nd subject to the availability of fimc1s and applicable eOA/DEJVI
niles
; If '
," - , i
r-
. .... " " '0 t \
i . .
, j .
' -. ' . " ' , ;'r"'" ",' ! , r, "
" ., : ,;; ; ; . \ _ w '; . ,/ +-
I " . :.' i. ' ; '" .:; :.; : __ F I
(
" .. .... " -" ..... -:",.,-" .. '"
/

\?
The Program aim.s to dec10g court decongest
over-cro'ivded detention facilities and to release overstaying
inmates 'ivho have seryed the possible maxinlum sentence
"\vhich is in consonance "\vith the social justice program of the
governnlent, particularly the Department of Justice.
I
' ',' ... '----j <..!:? ,I
,!
It is"'1.lflderstood that this request is being made without
: i intent of c1rcuHlventing the austent:.y measures be1ng
\ \' I;,--' :, ., -,',J
L
:, '" .,. implenl.ented by the governnl.ent under Adm. Order No , 103
. _ _ and DOJ IvIemoranduDl. Circular No. 28 and subiect to the

( '; availability of funds and applicable COAl DBlvI rules and
'Po e" 11 "' t '1' !111<:= ..
.L \..J u-.... ..... (..-L '-'" ...
-ON .', ,"

O
It \
FEB 2 7 Z007 il \
lLi I
- 1\ )
Rl:C' D
\
Secretar.y


MEMORANDUM CIRCULAR NO. ___
SerieS of 2012

STANDARD OPERATING PROCEDURE DURING VISITATION
IN J AILS AND HOLDING CENTERS

WHEREAS, under Section 12 (1), Article III of the 1987 Constitution
and Republic Act No. 7438
1
guarantees that all persons arrested, detained
or under custodial investigation are entitled to be assisted by counsel and
as mandated by Republic Act No. 9406 (PAO Law);

WHEREAS, the Public Attorneys Office (PAO), formerly known as
Citizens Legal Assistance Office (CLAO), has been mandated to conduct
jail visitation in detention cells nationwide pursuant to the directive of the
Minister of J ustice, and the then Chief Public Attorney;

WHEREAS, pursuant to Section 6 (2), Article V of Memorandum
Circular No. 18, Series of 2002, the PAO has been conducting jail visitation
activities;

WHEREAS, pursuant to the Department of J ustice (DOJ ) 1
st

Indorsements dated February 8, 2007 and J uly 2, 2007, as well as its
Department Order No. 587, dated J uly 23, 2007, the Chief Public Attorney
was authorized to conduct Legal and Medical Visitation and Decongestion
Program, covering all jails nationwide including the Bureau of Corrections
(BuCor), Correctional Institution for Women (CIW), youth detention
homes, female detention centers, and city and provincial jails. This activity
is geared toward the declogging of court dockets, decongestion of
overcrowded detention facilities and to release overstaying inmates, who
have served the possible maximum sentence which is in consonance with
the Social J ustice Program of the government, particularly that of the DOJ ;

WHEREAS, there is a need to assist those who are detained without
legal counsel and cannot afford to hire his own counsel;

WHEREAS, there is a need to determine those accused persons who
are preventively detained while pending trial beyond the period equal to
or more than the minimum or maximum penalty for the offense for which
they are being charged;

1
An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation As Well As the Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof.

003

WHEREAS, there is a need to determine cases of inmates who have
not been arraigned within the required period prescribed under Republic
Act No. 8493 (Speedy Trial Act of 1998);

WHEREAS, there is a need to determine the cases that are subject
for immediate release from confinement or detention pursuant to Republic
Act No. 9344 (J uvenile J ustice and Welfare Act of 2006);

WHEREFORE, in order to address the abovementioned cases, and to
serve as a guide to Public Attorneys in the discharge of their duties during
jail and detention center visitations, it is imperative for the Public
Attorneys Office (PAO) to promulgate this Standard Operating Procedure
during Visitation in J ails and Holding Centers.

Article I Purpose

This Memorandum Circular is hereby issued for the purpose of setting forth
the standard operating procedure in extending legal assistance and other services
during visitation in jails and holding centers.

Article II Clientele

Section 1. Inmates in jails/detention facilities or children in conflict with the
law (CICL) in holding centers who are in need of PAO legal and other services.

Article III Guidelines for Visitation

Section 1. Regional/district offices shall conduct jail visitation in their
respective jurisdictions at least once a month.

Section 2. Before conducting jail visitations, all lawyers and staff shall secure
the required authorization from the Regional Public Attorney or the District Head
concerned.

Section 3. After said visit, PAO lawyers and staff shall secure the certificate
appearance from the jails/holding centers visited, whose attendance shall be
reflected in their daily time records.

Section 4. To render appropriate legal advice, counseling and assistance, jail
visitation shall be undertaken and conducted by lawyers and staff in jails nationwide,
youth detention homes, female detention centers and other commitment centers
located within their respective territorial jurisdiction and/or to which their clients are
committed at least once a week.

Section 5. Lawyers and staff shall perform their respective regular and usual
functions and may discharge such other duties as may be assigned by the Chief
Public Attorney and/or undertake duties as may be impliedly necessary under the
circumstances for the effective and orderly delivery of services.

Article IV Documentation

Section 1. The information to be gathered during the interview of
inmates while on jail visitation are, but not limited to the following:

a. Who among those detained are without legal counsel ;

b. Who among them have been in custody beyond the period
equal to or more than a maximum imposable penalty for the offense
charged;

c. Who have been in custody for a period equal to or more than
the minimum imposable principal penalty for the offense charged.

Those who have been in custody shall be informed that the
services of the PAO could be availed of at no cost.

Those who have been detained for a period equal to, or more
than the maximum imposable penalty for the offense charged, or for a
period equal to, or more than the minimum of the imposable principal
penalty should be informed, that through a proper motion, they could
be released pending trial or appeal, or that they could be released on a
reduced bail, or on their own recognizance, as the case may be (Article
29, Revised Penal Code). In the interest of justice, the discovery of
such a situation, should be relayed to the counsel de parte of the
detention prisoner, if he/she is so represented, otherwise, the PAO
resident lawyer should be informed of this fact for immediate action;

d. Cases involving inmates who have not been arraigned within
the required period prescribed under the Speedy Trial Act; and

e. Cases requiring the release of minors who are under custody
pursuant to the provision of Republic Act No. 9344 (J uvenile J ustice
and Welfare Act of 2006).

Article V Recording and Reporting of jail visitation

Section 1. J ail visitation activities shall be recorded in the visitation interview
sheet (VIS) for jails and holding centers reflecting the following data;

a. name of detainee/s interviewed;
b. age;
c. date of confinement;
d. crime/offense charged;
e. court where pending;
f. handling PAO lawyer;
g. legal problems/findings;
h. recommendation; and
i. other necessary/relevant information included in Paragraphs b
and c, Section III hereof;

Article VI Action Taken/ Accomplishment

Section 1. The action taken/accomplishment shall be reflected on the
visitation accomplishment report (VAR) which shall contain the following information:
a. name of inmate/CICL interviewed;
b. interviewing lawyer;
c. date of interview;
d. resident Public Attorney;
e. recommendation/findings;
f. action taken;
g. date action taken; and
h. signature of resident Public Attorney

Section 2. Where the interviewing lawyer is not the resident Public Attorney
of the court where the case is pending, he/she shall immediately refer the same to
the concerned resident Public Attorney.

Section 3. The resident Public Attorney shall submit a report to the Regional
Public Attorney or the District Head on the action taken from the
findings/recommendation contained in the VIS, within a period of five (5) working
days from the date of the interview or referral.

Article VII Other related jail activities

Section 1. Whenever practicable, medical, dental and optical services, may
also be conducted during the visitation in coordination with or the
assistance of other government agencies, civic organizations or local
government units.

Article VIII Suppletory Application

Section 1. The provisions of Office Order No. 137, Series of 2010, otherwise
known as the PAO Operations Manual and Memorandum Circular No. 007, Series of
2010, otherwise known as the Code of Conduct for Public Attorneys and Employees,
shall apply herein in a suppletory manner.

Section 2. Repealing Clause. All Circulars and Memoranda or any portion
thereof inconsistent herewith are hereby repealed or modified accordingly.

Section 3. Effectivity. This Memorandum Circular shall take effect
immediately.

th
of J anuary 2012.



ratify the Standard Operating Procedure During Visitation in J ails and Holding Centers, this 14
th
day
of December 2011 at the 4
th
MCLE Accredited Convention for Nationwide PAO Lawyers, The Tent,
Manila Hotel, One Rizal Park, Manila, Philippines.



Region I Region II


MIMAROPA Region V


Region VIII ARMM



CARAGA Region

Signed:


MEMORANDUM CIRCULAR NO. ___
Series of 2012

STANDARD OPERATING PROCEDURE IN THE CONDUCT
OF BARANGAY LEGAL INFORMATION DISSEMINATION
AND OUTREACH PROGRAM

WHEREAS, pursuant to Chapter 7 (Good Governance and Rule of Law) of the
Philippine Development Plan (2011-2016), which is His Excellency President
Benigno S. Aquino IIIs development agenda and tool in the implementation of His
Excellencys administrations programs and projects, it is provided that
Strengthen the Rule of Law xxx Strengthen the Katarungang Pambarangay Law to
resolve cases at the local level. The strengthening of the Katarungang
Pambarangay Law will result in the speedy resolution of cases at the local level
without going through the rigors of court processes. This will substantially improve
the delivery of justice and facilitate the declogging of court dockets;

WHEREAS, the Citizens Legal Assistance Office (CLAO) since its creation
under Presidential Decree No. I and Implementing Order No. 4 dated October 23,
1972, now known as Public Attorneys Office (PAO) pursuant to the Administrative
Code of 1987 and Republic Act (RA) No. 9406, has been conducting up to the
present its Barangay Legal Information Dissemination and Outreach Program;

WHEREAS, there is a need for the PAO to provide legal information
dissemination, consultation, counseling, lectures and other instant services to be
conducted at the barangay level, pursuant to the Barangay Outreach Program of
the PAO in order to promote the legal and human rights of the poor and to abort
cases that may further congest court dockets;

WHEREAS, there is a need to inform the community at the barangay level
about the programs initiated by the PAO;

WHEREAS, there is a need to coordinate with other government agencies
and non-governmental organizations to enhance the Barangay Outreach Program;

WHEREFORE, in order to enhance and sustain an effective PAO Barangay
Outreach Program, and to serve as a guide to Public Attorneys in the discharge of
their duties in relation thereto, it is imperative for the PAO to promulgate this
Standard Operating Procedure in the Conduct of Barangay Legal Information
Dissemination and Outreach Program.

ARTICLE 1
PURPOSE

Section 1. Purpose. This Memorandum Circular is issued to set forth, define, and
clarify the guidelines to be observed by Public Attorneys in the conduct of barangay
004

legal information dissemination and outreach program to enable the indigent sector
of the society to have access to counsel at the moment of need.

In carrying out this mission, Public Attorneys shall reach out beyond the
confines of their offices and make access to counsel visible to those who truly need
their legal service.
ARTICLE 2
COVERAGE

Section 1. Coverage. This Memorandum Circular covers activities of the Public
Attorney's Office (PAO) involving information dissemination, legal
consultation/counselling, lectures, and other instant services to be conducted at the
barangaylevel.

The programs for barangay legal outreach activity shall include, but not
limited to, the following:
A. Programs initiated by the Public Attorney's Office
B. Programs in coordination with other government departments and
agencies/local government units/NGOs
C. Lectures conducted upon invitation of other agencies/local government
units/NGOs
D. Other related activities

ARTICLE 3
PROCEDURE

Section 1. Procedure in the conduct of Barangay Outreach Program. -
A. The respective district offices of every region shall conduct barangay
outreach programs at least once a month.
B. The District Public Attorney/OIC shall determine, in coordination with the
respective Punong Barangays or any other government
agencies/LGUs/NGOs, the desired topics, target audience, schedule, and all
other related matters.
C. The District Public Attorney/OIC shall then assign lawyers and staff who
shall undertake the outreach activity.

Section 2. The Deputy Public Attorney/OIC shall see to it that the barangay
outreach activity shall not impair/hamper or cause any delay in the trial
schedules of the public attorneys.

Section 3. The barangay outreach activity may be conducted after scheduled
hearings during office hours or beyond regular working hours or even on
weekends.

ARTICLE 4
RECORDING/REPORTING

Section 1. Official Logbook and Recording System - A separate logbook and
recording system shall be maintained by the office for barangayoutreach programs.

Section 2. Reporting .
A. Upon completion of the outreach activity, the District Public
Attorney/OIC shall prepare a monthly report for submission to the
Regional Public Attorney the details of the activity such as:

1. Date when the activity was conducted
2. Name of Barangay and the City/Municipality where such barangay is
located
3. Activity/ies undertaken
4. Subject matter
5. Number of beneficiaries
B. The Public Attorneys shall include in their individual performance
report the barangayoutreach activities conducted during the month.

ARTICLE 5
FINAL PROVISIONS

Section 1. Suppletory Application. - The provisions of Office Order No. 137, Series of
2010, otherwise known as the PAO Operations Manual and Memorandum Circular
No. 007, Series of 2010 otherwise known as the Code of Conduct for Public Attorneys
and Employees, shall apply herein in a suppletory manner.

Section 2. Repealing Clause. - All Circulars and Memoranda or any portion thereof

Section 3. Effectivity. - This Memorandum Circular shall take effect immediately.

th
of January 2012.



ratify the Standard Operating Procedure in the Conduct of Barangay Legal Information Dissemination
and Outreach Program, this 14
th
day of December 2011 at the 4
th
MCLE Accredited Convention for
Nationwide PAO Lawyers, The Tent, Manila Hotel, One Rizal Park, Manila, Philippines.



Region I Region II


MIMAROPA Region V


Region VIII ARMM



CARAGA Region

Signed:

(PUBLIC ATTORNEY'S OFFICE)
OFFICE OF THE CHIEF PUBLIC ATTORNEY
DO] Agencies Bldg., NIA Road corner East Avenue
Tel. Nos. 926-2878; 929-9010; 929-9436
MEMORANDUM CIRCULAR
No. 0 02
Series of 2011
SUBJECT
DATE
CLARIFICATION ON ASSISTANCE IN PREPARATION OF
EXTRA-JUDICIAL CONFESSION AS PART OF INQUEST
DUTIES.
APRIL 1, 2011
I n view of reports that some Public Attorneys are either hesitant or refuse
to assist suspected criminals in the preparation and execution of their extra-
judicial confessions, all Public Attorneys are hereby reminded that the
assistance, preparation and administration of oath, and waiver of counsel
in writing, relative to a voluntary extra-judicial confession of a criminal suspect
are considered part of inquest duties in accordance with the provisions of Office
Order No. 137, Series of 2010, otherwise known as PAO Operations Manual,
particularly, Section 6.1 Custodial Interrogation and Inquest Investigation, under
Article 10 (Non-judicial services) thereof.
All Public Attorneys are however reminded to ensure that the affiant is
given the full opportunity to make an informed and voluntary decision, the
consequences of executing an extra-judicial confession and that they are under
no compulsion to sign the same by apprising them of their Miranda rights under
the 1987 Constitution and pursuant to R.A. 7438 (April 27, 1992) otherwise
known as "An Act Defining Certain Rights of Person Arrested, Detained or under
Custodial Investigation as well as the duties of the arresting, detaining and
investigating officers, and providing penalties for violations thereof."
Please be guided accordingly.
~
: ~ R S I D A V. RUEDA-ACOSTA
t Chief Public Attorney
Cc: (Encl : R.A. 7438)
All concerned
Republic Act No. 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED
OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF
THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled: :
Section 1. Statement of Policy - It is the policy of the Senate to value the dignity of
every human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation;
Duties of Public Officers.-
(a) Any person arrested detained or under custodial investigation shall at all times
be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel, preferably
of his own choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such person cannot
afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or thumb marked
if the person arrested or detained does not know how to read and write, it shall be
read and adequately explained to him by his counselor by the assisting counsel
provided by the investigating officer in the language or dialect known to such
arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person in the
presence of his counselor in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.
( e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiance
or fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is suspected
to have committed, without prejudice to the liability of the "inviting" officer for any
violation of law.
Section 3. Assisting Counsel - Assisting counsel is any lawyer, except those directly
affected by the case, those charged with conducting preliminary investigation or those
charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following
fees ;
(a) The amount of One hundred fifty pesos (PI50.00) if the suspected person is
chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where
the custodial investigation is conducted, provided that if the municipality of city
cannot pay such fee, the province comprising such municipality or city shall pay
the fee: Provided, That the Municipal or City Treasurer must certify that no funds
are available to pay the fees of assisting counsel before the province pays said
fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the
suspected person can only be detained by the investigating officer in accordance with the
provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. - (a) Any arresting public officer or employee, or any
investigating officer, who fails to inform any person arrested, detained or under custodial
investigation of his right to remain silent and to have competent and independent counsel
preferably of his own choice, shall suffer a fme of Six thousand pesos (P6, 000.00) or a
penalty of imprisonment of not less than eight (8) years but not more than ten (10) years,
or both. The penalty of perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to
provide a competent and independent counsel to a person arrested, detained or
under custodial investigation for the commission of an offense if the latter cannot
afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of
the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister chosen by him
or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the
night shall suffer the penalty of imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as
may be necessary to secure his safety and prevent his escape.
Section 5. Repealing Clause - Republic Act No. No. 857, as amended, is hereby
repealed. Other laws, presidential decrees, executive orders or rules and regulations, or
parts thereof inconsistent with the provisions of this Act are repealed or modified
accordingly.
Section 6. Effectivity - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any daily newspapers of general circulation in the
Philippines.
Approved: April 27, 1992


CITIZENS CHARTER

M I S S I O N

To provide free legal representation, assistance and counselling to indigent
persons in criminal, civil, labor, and administrative cases thereby giving realization
to the constitutional mandate that free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by reason
of poverty (Sec. 11, Article 3 of the 1987 Philippine Constitution).

V I S I O N

The PAO envisions a God-centered, service-oriented and dynamic institution
that would be the center of excellence as the principal law office of the government
in extending free legal assistance to indigents led by highly competent, world-
class, development oriented and nationalistic leaders.

In support of its Mission and Vision, the PAO adheres to the following
objectives and thrust:

< To provide the indigent clients with free legal services;

< To fulfil the constitutional guarantee of free access to courts, due process
and equal protection of the law and rights of a person under investigation for an
alleged commission of an offense.

Performance Pledge

We, the officials and employees of the Public Attorneys Office, commit to:

Serve you promptly, efficiently, and with utmost courtesy
by authorized personnel with proper identification
from Mondays to Fridays, 8:00 a.m. to 5:00 p.m.,
without noon break;

Ensure strict compliance with service standards, with
written explanation for any delays in frontline
services;

Respond to your complaint about our services the
soonest or within the day through our complaint
and assistance desk and take corrective measures;

Value every citizens comments, suggestions, and needs,
including those with special needs such as the
differently-abled, pregnant women, and senior
citizens; and

Empower the public through access to information
on our policies, programs, activities and services
through tri-media.

All these we pledge,
because YOU deserve no less.

Feedback and Redress
Mechanisms

Please let us know how we have served you by doing any of the following:

Accomplish our Feedback Form available in our offices
and put it in the designated drop box

Send your feedback through e-mail at [email protected] or call us at
our hotline (02)9299436.

Talk to our OFFICER OF THE DAY.

In case of a valid grievance, you may also send a letter-complaint against a
public attorney or PAO employee to:

The Office of the Chief Public Attorney
5
TH
Flr., DOJ Agencies Bldg., NIA Rd. cor. East Ave.,

If you are not satisfied with our service, your written/verbal complaints shall
immediately be attended to by the Officer of the Day at the Public Assistance and
Complaints Desk.

THANK YOU for helping us to continuously improve our services.

I. FRONTLINE SERVICES:

A. REGULAR JUDICIAL AND QUASI-JUDICIAL SERVICES

1. Representation of Indigent Accused in Court (Criminal Cases)
2. Preparation of responsive pleadings and Representation of Indigent defendant in Ordinary
Civil Actions
3. Preparation of responsive pleadings and Representation of Indigent defendant/respondent
in Special Proceedings
4. Preparation of responsive pleadings and Representation of Indigent defendant/respondent
in Special Civil Actions
5. Preparation and filing of Complaint in Ordinary Civil Action
6. Preparation and filing of Complaint/petition in Special Civil Actions
7. Preparation and filing of petition in Special Proceedings
8. Representation of employee-complainant in Labor Cases
9. Representation of indigent in Administrative Cases
10. Preparation of Affidavits / Representation of Indigents in preliminary investigation

B. NON-JUDICIAL SERVICES

1. Preparation of affidavits, administration of oaths and documentation
2. Legal Counselling
3. Mediation/conciliation services

C. LEGAL OUTREACH ACTIVITIES

1. Assistance of indigent suspect/respondent under custodial interrogation and inquest
investigations
2. Jail visitation
3. Barangay Outreach

II. CLIENTELE

A. PERSONS QUALIFIED FOR LEGAL ASSISTANCE
(PAO Memorandum Circular No. 18, Series of 2002, Sections 1-5)

The Public Attorneys Office is mandated to represent, free of charge, indigent persons or
the immediate members of their family, in all civil, labor, and administrative and criminal cases
where, after due investigation, it is determined that the interest of justice will be served thereby.
Thus, Public Attorneys should extend legal assistance to an applicant who is indigent and whose
case is meritorious.

The Merit Test

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

The following shall be considered indigent persons:
1. Those residing in Metro Manila whose family income does not exceed P14,000.00 a
month;
2. Those residing in other cities whose family income does not exceed P13,000.00 a
month; and
3. Those residing in all other places whose family income does not exceed P12,000.00
a month.

The term family income shall be understood to refer to the gross income of the litigant
and that of his or her spouse, but shall not include the income of the other members of the family.

For purposes of determining the indigency of an applicant, ownership of land shall not per se
constitute a ground for disqualification for free legal assistance.

Cases Which May be Provisionally Accepted

Under the following instances, Public Attorneys may provisionally accept or handle cases
pending verification of the applicants indigency and evaluation of the merit of his/her case:

1. Where a warrant for the arrest of the applicant has been issued;

2. Where a pleading has to be filed immediately to avoid adverse effects to the client;

3. Where an appeal or petition for certiorari or prohibition has to be perfected or filed
immediately;

4. Where the Public Attorney 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 indigent, the lawyer should respectfully request the court to
relieve him;

5. Where the Public Attorney is designated on the spot as counsel de oficio for the purpose
only of arraignment, pre-trial or the promulgation of the decision;

6. Where a Public Attorney is called upon by proper government authorities to render
assistance to other persons who are in need of legal services subject to existing laws, rules
and regulations; and

7. Other similar urgent cases.

Persons Qualified for Assistance Pursuant to MOAs and DOJ Directives

The following are qualified for legal assistance by virtue of agreements entered into with
other government offices, directives from the Department of Justice, and special laws:

1. Department of Agrarian Reform lawyers against whom criminal and administrative
complaints have been filed for acts committed 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, dated May 19,
1988, of the Secretary of Justice);

4. Indigent aliens (2
nd

Indorsement, dated March 25, 1974, of the Undersecretary of
Justice) however, in view of the limited facilities and personnel of the PAO, preference
should be given to deserving Filipino citizens in extending legal services; as
supplemented by Memorandum of Agreement with the Bureau of Immigration (BI)
dated February 4, 2009;
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; and

7. The Department of Social Welfare and Development in filing of petitions for the
involuntary commitment of minors as well as in 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 National Press Club (per Memorandum of Agreement between
PAO and NPC dated May 29, 2009)

10. Members of the Philippine National Police (PNP) from the rank of PO1 up to PO3
in connection with the performance of their duties (per Memorandum dated March 19,
2009, referring to DOJ Department Order No. 106 issued by the then Secretary
Raul. M. Gonzalez)

11. Members of the Press Photographers of the Philippines who are under custodial
investigation and/or inquest or preliminary investigation (per Memorandum of
Agreement between PAO and PPP, dated May 25, 2009)

12. Print and Broadcast Media Practitioners who are under custodial investigation
and/or inquest or preliminary investigation (per Memorandum Circular No. 001, Series
of 2009, dated January 5, 2009)

13. Qualified Filipino complainants who are without counsel or cannot afford such
counsel against foreigners for violations of immigration, alien registration, and other
local laws; detained foreigners who are respondents in deportation cases who are
likewise without counsel or cannot afford one; and Bureau of Immigration clients
whose transactions require notarization of applications, documents and other papers
(per Memorandum of Agreement between PAO and BI, dated February 4, 2009).

Other Persons Qualified for Assistance

Immediate members of the family and relatives within the 4
th

civil degree of consanguinity or
affinity of Public Attorneys may avail of the latters 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:

1. 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;

2. 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;

3. Parties represented by de parte counsel; and

4. 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)

1. PAO lawyers shall not handle cases where they would be representing conflicting
interests. Neither shall they handle the prosecution of criminal cases in court.

2. 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.

3. 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.

D. COMMON REQUIREMENTS TO QUALIFY AS INDIGENT CLIENTS

1. Any of the following proofs of indigency:

a. Latest Income Tax Return;
b. Certificate of Indigency from the DSWD Office where the applicant
resides; or
c. Certificate of Indigency from the Barangay Chairman of the place
where the applicant resides.

D. SCHEDULE OF AVAILABILITY OF SERVICE

1. Regular Services
Monday to Friday
8:00 a.m. 5:00 p.m. without noon break

2. Emergency services (inquest activities)

On call anytime of the day

III. STEP-BY-STEP PROCEDURE IN OBTAINING PARTICULAR SERVICE

A. REGULAR JUDICIAL AND QUASI-JUDICIAL SERVICES

1. REPRESENTATION OF INDIGENT ACCUSED IN COURT

SCHEDULE OF AVAILABILITY OF THE SERVICE:

MONDAY TO FRIDAY
8:00 A.M. 5:00 P.M. without NOON BREAK

WHO MAY AVAIL OF THE SERVICE:

1. Only indigent person charged with a crime in court

WHAT ARE THE REQUIREMENTS:

1. Copy of the information/complaint
2. Police Investigation Report
3. Sworn Statement/affidavits of prosecution witnesses
4. Other documentary evidence for the prosecution
5. Such other documents as maybe required by the handling Public Attorney

DURATION:

56 MINUTES
Approximate
HOW TO AVAIL OF THE REGULAR SERVICES:

STEP APPLICANT/CLIENT SERVICE PROVIDER TIME
FRAME
PERSON

IN CHARGE
1
Register with the Public
Assistance Desk in
charge and inform the
Desk officer about the
nature of the assistance
he/she needs.
Public assistance Desk in charge will
conduct an initial interview to determine
the qualification of the client and
determine what court the case is filed and
thereafter refer the client to the resident
Public Attorney of the court where the
case is filed.
5 minutes Public Assistance
Desk in Charge
2
Approach the Table of
the Resident Public
Attorney of the Court
where the case is filed.
The Public Attorney concerned will
interview the client and advice the client
of the legal action needed and require the
client to submit proof of Indigency.
3 minutes Resident Public
Attorney of the
court where the
case is filed
3
Submit the records of
the case and proof of
Indigency and
approach the Resident
Public Attorney for
interview.
The resident Public Attorney will
interview the client and evaluate the case
for appropriate action. If the client is
disqualified, the resident public attorney
shall prepare the denial/disqualification
form
- if the client is qualified the resident
Public Attorney will cause the recording of
the case and assignment of control
number.
Attorney of the
court where the
case is filed
4
Approach the clerk for
the recording of the
case and execute the
affidavit of Indigency.
The clerk in charge will assign a control
number of the case and require the client
to sign the affidavit of indigency.
3 minutes Clerk in charge
5
Return to the resident
Public Attorney for
further interview,
evaluation of the case
and submission of
additional documents, if
necessary.
The resident Public Attorney will interview
the client, prepare the necessary
pleadings and advise the client of the
nature of the case and subsequent
proceedings in court.
Attorney of the
court where the
case is filed
6
Public Attorney will verify and inform the
client of the scheduled hearing of the
case.
Resident Public
Attorney of the
court where the
case is filed
7
Appear in court in all
the scheduled hearings.
Public Attorney will represent and assist
the client in all the proceedings in court.
Depending
on the
schedule
hearings set
by the court
Resident Public
Attorney of the
court where the
case is filed

NOTES: 1. Services are FREE OF CHARGE under R.A. 9406.
2. No forms are required except for the Affidavit of Indigency at Step 4.

END OF THE TRANSACTION

Approximate
2. PREPARATION OF RESPONSIVE PLEADINGS AND REPRESENTATION OF
INDIGENT DEFENDANT IN ORDINARY CIVIL ACTION

SCHEDULE OF AVAILABILITY OF SERVICE:

Monday to Friday
8:00 A.M. to 5:00 P.M. without NOON BREAK


1. Only indigent defendant with pending civil case in court


1. Copy of the summons, complaints and all the attachments in the
summons and other necessary documents

DURATION:

Within the reglementary period to file the responsive pleadings.


FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
determine what court the case is filed and
thereafter refer the client to the resident
Public Attorney of the court concerned.
Desk in Charge
2
the Resident Public

interview the client and advice the client
of the legal action needed and requires
the client to submit proof of Indigency.
Attorney of the
court where the
case is filed
3
indigency and approach
the Resident Public
Attorney for interview.
The resident Public Attorney will
disqualified, the Public Attorney will
prepare the denial/disqualification form
- if the client is qualified, the resident
Public Attorney will cause for the
recording of the case and assignment of
control number.
Attorney of the
court where the
case is filed
4

Approximate
FRAME
PERSON

IN CHARGE
5
Public Attorney for
further interview,
and submission of
necessary.
Public Attorney will assist the client in the
preparation of the responsive pleading
and other necessary pleadings and file
the same in court.
Within the
reglement-
ary period to
file
responsive
pleading in
court
Resident Public
Attorney of the
court where the
case is filed
6
The Public Attorney will verify and inform
the client of the scheduled hearing of the
case.
Resident Public
Attorney of the
court where the
case is filed
7
Appear in court in all
the scheduled hearing.
The Public Attorney will represent and
assist the client in all the stages of the
proceedings.
Depending
on the
scheduled
hearing set
by the court
Resident Public
Attorney of the
court where the
case is filed



3. PREPARATION OF RESPONSIVE PLEADINGS AND REPRESENTATION OF INDIGENT
DEFENDANT/RESPONDENT IN SPECIAL PROCEEDINGS


Monday to Friday



WHAT ARE THE REQUIREMENTS :


DURATION:

Within the reglementary period to file the responsive pleadings

Approximate

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
determine what court where the case is
filed and thereafter refer the client to the
resident Public Attorney of the court
concerned.
Desk in Charge
2
the Resident Public
interview the client and advise the client
the legal action needed and require the
Attorney of the
court where the
case is filed
3

the Resident Public
the client and evaluate the case for
appropriate action. If the client is
disqualified, the resident Public Attorney
form
recording of the case.
Attorney of the
court where the
case is filed
4
The clerk in charge will record the case,
assign a control number to the case and
require the client to sign the affidavit of
Indigency.
5
Return back to the
resident Public Attorney
for further interview,
and submission of
necessary.

Public Attorney will assist the client in the
preparation of the responsive pleading
the same in court.
Within the
reglement-
ary period
Resident Public
Attorney
6
case.
Resident
Public
Attorney
7
Appear in court in the
initial and subsequent
hearings of the case.
assist the client in all the hearings of the
case.
Depending
on the
schedule set
by the court

Resident
Public
Attorney


Approximate
4. PREPARATION OF RESPONSIVE PLEADINGS AND REPRESENTATION OF
INDIGENT DEFENDANT/RESPONDENT IN SPECIAL CIVIL ACTIONS


Monday to Friday





DURATION:

Within the reglementary period to file the responsive pleadings


FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
determine what court where the case is
filed and thereafter refer the client to the
resident Public Attorney of the court
concerned.

5 minutes

Public Assistance
Desk in Charge
2
the Resident Public

5 minutes
Resident Public
Attorney of the
court where the
case is filed
3
the Resident Public
disqualified, the resident Public Attorney
form

10 minutes

Resident Public
Attorney of the
court where the
case is filed

Approximate
FRAME
PERSON

IN CHARGE
4

3 minutes

Clerk in charge
5
Public Attorney for
further interview,
and submission of
necessary.
The Public Attorney will assist the client in
the preparation of the responsive pleading
the same in court.
Within the
reglement-
ary period
Resident Public
Attorney
6
case.

7
Appear in all the
scheduled
hearings/proceedings in
court.

assist the client in all stages of the
proceedings of the case in court.
Depending
on the
schedule set
by the court



5. PREPARATION AND FILING OF COMPLAINTS IN ORDINARY CIVIL ACTIONS


Monday to Friday


1. Only indigent Complainant


1. Supporting documents and evidences of the case

COMMON REQUIREMENT TO QUALIFY AS AN INDIGENT CLIENT:

1. Certificate of Indigency from the Barangay; DSWD or City Municipal
Treasurer; or
2. Latest Pay slip, if employed or Latest Income Tax Return; and
3. Affidavit of Indigency

DURATION:
One week.*

Approximate

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
Public assistance Desk in charge will refer
the client to the Officer of the Day for
Initial Interview.
Desk in Charge
2
the Public Attorney-
officer of the day.
the legal action needed and the
evidences and documents needed and
require the client to submit proof of
Indigency.
15 minutes Assisting
Public Attorney
3
Submit pertinent
documents and proof of
indigency to the
Assisting Public
Attorney for evaluation.
The Assisting Public Attorney will
disqualified, the Public Attorney shall
prepare the denial/disqualification form.
the case.
5 minutes Assisting
Public Attorney
4
Approach the clerk in
charge for the recording
of the case and execute
the affidavit of
Indigency.
The clerk in charge will assign the control
number to the case and require the client
to execute an affidavit of Indigency.
5
Return back to the
handling Public
Attorney for further
interview, evaluation of
the case and
submission of
necessary.
the preparation of the complaint and other
necessary pleadings.
5 DAYS Handling Public
Attorney
6
Sign the verification
and Certification of
Non-Forum Shopping
and note the advice of
the handling lawyer of
the subsequent
proceeding of the case.
The Public Attorney shall instruct the
client to sign the verification and
certification of non-forum shopping and
file the complaint in court.
Public Attorney
7
After the case is raffled, the Public
Attorney shall transfer the records of the
case to the Public Attorney assigned in
the court where the case is raffled.
7 Days Assisting Public
Attorney

Approximate
FRAME
PERSON

IN CHARGE
8
Appear in court in the
scheduled pre-trial and
in all the subsequent
proceedings of the case
in court.
The client shall be informed of the name
of the handling Public Attorney assigned
to assist him and the court where the
case is filed.
Depending
on the
schedule set
by the court
Resident
Public Attorney of
the court
9
The handling Public Attorney shall
represent the client in all stages of the
proceedings.
Depending
on the
schedule set
by the court
Resident
Public Attorney of
the court


6. PREPARATION AND FILING OF COMPLAINTS IN SPECIAL CIVIL ACTION


Monday to Friday


1. Only indigent complainant


1. Supporting documents and evidences of the case

DURATION:

One week*

Approximate

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
Initial Interview.
Desk in Charge
2
officer of the day.
requires the client to submit proof of
Indigency.
Public Attorney
3
Submit pertinent
indigency to the
Assisting Public
the case.
5 minutes Assisting
Public Attorney
4
the affidavit of
Indigency.
to sign the affidavit of Indigency.
5
Return to the handling
Public Attorney for
further interview,
and submission of
necessary.
the preparation of the complaint and other
5 DAYS Assisting
Public Attorney
6
Non-Forum Shopping
the subsequent
The Public Attorney shall Instruct the
file the complaint in court.
Public Attorney
7
case to the Resident Public Attorney of
the court concerned and inform the client
of the handling PAO lawyer and of the
court where the case is raffled.
Depending
on the
schedule set
by the court
Assisting
Public Attorney

Approximate
FRAME
PERSON

IN CHARGE
8
Appear in all the
in court.
The Public Attorney shall verify the
scheduled hearing of the case and inform
the client thereof.
Depending
on the
schedule set
by the court
Assisting
Public Attorney


7. PREPARATION AND FILING OF PETITION IN SPECIAL PROCEEDINGS


Monday to Friday


1. Only indigent petitioner in Special Proceedings


1. Copy of the pertinent documents subject of the petitioner
2. Such other documents and evidences as may be required by the
handling lawyer

COMMON REQUIREMENT TO QUALIFY AS AN INDIGENT CLIENT:

1. Certificate of Indigency from the Barangay,or DSWD or City Municipal
Treasurer; or
2. Pay slip, if employed or ITR; and
3. Affidavit of Indigency

DURATION:

One week.*

Approximate

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
Initial Interview.
Desk in Charge
2

officer of the day.
require the client to submit proof of
Indigency.
15 minutes Assisting Public
Attorney
3
Submit pertinent
indigency to the
Assisting Public
prepare the denial/disqualification form
- if the client is qualified the assisting
the case.
5 minutes Assisting Public
Attorney
4
the affidavit of
Indigency.
5
Public Attorney for
further interview,
and submission of
necessary.
the preparation of the petition and other
5 DAYS Assisting
Public Attorney
6
Non-Forum Shopping
the subsequent
file the petition in court.
Public Attorney
7
case to the resident Public Attorney of the
court concerned.
Depending
on the
schedule set
by the court
Assisting
Public Attorney

Approximate
FRAME
PERSON

IN CHARGE
8
Appear in court in all of
the proceedings of the
case.
The Public Attorney shall Inform the client
of the scheduled hearing and represent
him/her in all of the proceedings of the
case in court.
Depending
on the
schedule set
by the court
Resident Public
Attorney of the
court


8. REPRESENTATION OF EMPLOYEE-COMPLAINANT IN LABOR CASES

SCHEDULE OF AVAILABILITY OF SERVICE :

Monday to Friday


1. Only indigent employee-complainant in labor cases


1. Copy of the Complaint
2. Copy of the Order for Mandatory Conciliation and Mediation Conference
3. Copy of the order to file Position Paper
4. Proof of Employment
5. Such other documents as may be required by the handling lawyer

DURATION:

Within the reglementary period to file position paper

Approximate

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
Initial Interview.
Desk in Charge
2
officer of the day.
of the legal action needed, the evidence
and documents needed and require the
15 minutes Handling Public
Attorney
3
Submit pertinent
indigency to the
Assisting Public
disqualified, prepare the
denial/disqualification form.
Attorney
4
the affidavit of
Indigency.
5
Public Attorney for
further interview,
and submission of
necessary.
the preparation of the position paper and
other necessary pleadings.
5 DAYS Handling Public
Attorney
6
Non-Forum Shopping
the subsequent
proceeding of the labor
case.
The Public Attorney shall instruct the
file the position paper before the NLRC-
Arbitration Board court.
Attorney
7
Appear before the
Labor Arbiter when
required in all the
thereat.
Represent and assist the client in all of
the proceedings before the Labor Arbiter.
Depending
on the
schedule set
by the Labor
Arbiter
Handling Public
Attorney

Approximate
9. REPRESENTATION OF INDIGENT CLIENT IN ADMINISTRATIVE CASES

SCHEDULE AVAILABILITY OF SERVICE:

Monday to Friday


1. Indigent complainant CLIENT in administrative cases;;
2. Indigent respondent CLIENT in administrative cases.


1. Copy of the Complaint and affidavits of the witnesses, or
2. Copy of the Memorandum from the agency concern requiring the client
to submit his/her answer or counter affidavit
3. Copy of the Memorandum /Notice of Termination, if there is any

DURATION:

1 HOUR AND 30 MINUTES*


FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
thereafter refer the client to the Public
Attorney-Officer of the day.
Desk in Charge
2
the Public-Attorney-
Officer of the day.
5 minutes Public Attorney /
Officer- of-the-
day
3
indigency to the Public
Attorney concerned for
further evaluation.
disqualified, prepare the
denial/disqualification form.
Officer- of-the-
day
4

Approximate
FRAME
PERSON

IN CHARGE
5
Return back to the
Handling Public
Attorney for further
interview, evaluation of
the case and
submission of
necessary.
the preparation of the comment/counter
affidavit and other necessary pleadings.
Within the
reglement-
ary period
Public Attorney /
Officer- of-the-
day
6
Sign the comment/
answer/ counter
affidavit and note the
advice of the handling
lawyer of the
subsequent proceeding
of the case.
client to sign the pleadings and file the
same before the appropriate
administrative agency.
Officer- of-the-
day


10. ASSISTANCE OF INDIGENT-RESPONDENT IN PRELIMINARY INVESTIGATION


Monday to Friday


1. Only indigent respondent who had a pending complaint before the
Prosecution Office


1. Copy of the Subpoena from the Prosecution Office
2. Police investigation Report
3. Sworn statement /affidavits of witnesses

DURATION:

Within the reglementary period to file counter affidavit

Approximate

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
he/she needs.
The Public assistance Desk in charge will
thereafter refer the client to the Public
Attorney-Officer of the day.
Desk in Charge
2
the Public-Attorney-
Officer of the day.
of the legal action needed and require the
5 minutes Public Attorney-
Officer of the day
3

indigency to the Public
Attorney concerned for
further evaluation.
Officer of the day
4
5
Return to the Handling
Public Attorney for
further interview,
and submission of
necessary.
the preparation of the counter affidavit
and other necessary pleadings.
Within the
reglement-
ary period
Public Attorney-
Officer of the day
6
Submit the Counter
affidavit and that of his
witnesses, if any, to the
investigating prosecutor
for the administration of
oath.
The Public Attorney shall ensure that the
counter affidavit and the affidavits of
his/her clients witnesses, if any, are
submitted to the investigating prosecutor.
Officer of the day


Approximate
B. NON-JUDICIAL SERVICES

1. PREPARATION OF AFFIDAVITS, ADMINISTRATION OF OATHS AND
DOCUMENTATION

Monday to Friday


1. Only INDIGENT CLIENT unless the Client is subject to existing PAO
MOAs and pursuant to the provisions of Sec. 3 of RA 9406 and MC 18,
Series of 2002.


1. Community Tax Certificate for the Current year
2. Any valid identification card

DURATION:

30 minutes*


FRAME
PERSON

IN CHARGE
1
Assistance Desk in
legal document
needed.
determine the qualification of the client
and if qualified, assist in the execution of
the document.
Desk in Charge
2
Fill up the form and
thereafter submit it
back to the Public
Assistance Desk in
charge.
Verify the contents of the legal document
together with the clients Residence
Certificate or any valid I.D.
5 minutes Public
Attorney/Officer-
of-the-day
3
Wait at the designated
waiting area until your
name is called by the
Public Assistance Desk
in charge.
Turn over the legal document to the
Public Attorney/Officer-of-the-Day for the
administration of oath.
10 minutes Public
Attorney/Officer-
of-the-day
4
Release the requested document to the
client.
3 minutes
Clerk in charge
2. No forms are required.


Approximate

2. LEGAL COUNSELLING


Monday to Friday


Only INDIGENT CLIENT



DURATION:
30 minutes*


FRAME
PERSON

IN CHARGE
1
Assistance Desk in
charge and get a route
slip.
Public assistance Desk in charge shall
initially interview the client, determine the
problem and provide the route slip.
Desk in Charge
2
Fill up the route slip and
submit it back to the
in charge.
Verify the contents of the Route slip and
turn-over the route slip to the Public
Attorney-officer of the day for signature.
Desk in charge
3
waiting area until your
name will be called by
the Public Assistance
Desk in charge.

Call the name of the client on a first come
-first served basis and refer the same to
the Public Attorney/Officer-of-the-Day for
the legal advice/counselling.

Desk in charge
4
When the clients name
is called, approach the
table of the Public
Attorney-officer of the
day for legal
advice/counselling.
The Public Attorney/Officer-of-the-Day will
give legal advice/opinion to the client.

15 minutes
Public Attorney-
Officer of the day


Approximate

3. MEDIATION/CONCILIATION SERVICES


Monday to Friday


Only INDIGENT CLIENT unless the Client is subject to existing PAO MOAs
and pursuant to the provisions of Sec. 3 of RA 9406 and MC 18, Series of 2002.



DURATION:

One hour*

HOW TO AVAIL OF THE SERVICE:

FRAME
PERSON

IN CHARGE
1
Assistance Desk in
charge and get a route
slip.
Public assistance Desk in charge shall
initially interview the client, determine the
problem and provide the route slip.
Desk in Charge
2
Fill up the route slip and
submit it back to the
in charge.
Verify the contents of the Route slip and
turn-over the route slip to the Public
Attorney-officer of the day for signature.
Desk in charge
3
waiting area until the
clients name is called
by the Public
Assistance Desk in
charge.
Call the name of the client on a first
come-first served basis and refer the
same to the Public Attorney/Officer of the
day for mediation/conciliation.
Desk in charge
4
When the clients name
is called, approach the
table of the Public
Attorney/Officer of the
day and disclose all
facts relevant to the
legal problem.
Public Attorney/Officer-of-the-day will
evaluate and determine if legal problem is
proper for mediation; If not proper,
prepare denial form; If proper for
mediation, prepare a letter invitation to the
adverse party.
Officer- of-the-
day

Approximate
FRAME
PERSON

IN CHARGE
5
Set the date for mediation/conciliation and
advice the client to appear during the
scheduled date.
Dispose the case within a month, after
three unsuccessful mediation/conciliation
sessions. Otherwise, prepare the
compromise agreement/settlement if the
mediation/conciliation is successful.
30 days Public Attorney /
Officer- of-the-
day


C. LEGAL OUTREACH ACTIVITIES (LIMITED AND PROVISIONAL)

1. ASSISTANCE OF SUSPECT/RESPONDENT UNDER CUSTODIAL INTERROGATION AND
INQUEST INVESTIGATION


Monday to Sunday
ANYTIME OF THE DAY AND NIGHT


1. Only indigent suspect/respondent who is under custodial interrogation and
inquest investigation; or
2. Other persons, upon request of proper government authorities to render such
service (as mentioned in No.1) subject to existing laws, rules and regulations
and pursuant to Sec. 3 of RA 9406.


1. Copy of Waiver and Request for Preliminary Investigation and waiver of Article
125 of the RPC
2. Police Investigation Report/Case report
3. Sworn Statement/Affidavits of Witnesses
4. Other Documentary evidence for the Prosecution

DURATION:

1 hour and 15 minutes*

Approximate
HOW TO AVAIL OF THE SERVICES:

FRAME
PERSON

IN CHARGE
1
Any person who is
arrested without a
warrant for a crime or
any member of his
family may request for
assistance of a Public
Attorney from the
nearest PAO district
Office during custodial
investigation or inquest
proceedings.
The duty Inquest Public Attorney shall
immediately assist the
suspect/respondent or person arrested
without a warrant and is subject of
custodial interrogation and inquest
investigation.
2 minutes Duty Inquest
Public Attorney
2
During interview, inform
the Inquest Public
Attorney of the
circumstances of his
arrest and detention.
The duty Inquest Public Attorney shall
confer with the client privately and inform
him/her rights under the law in a language
or dialect known to him/her.
2-3 minutes Duty Inquest
Public Attorney
3

.

Based from the facts narrated by the
suspect and on the documents prepared
by the police, the inquest Public Attorney
shall determine the legality of the arrest or
detention of the suspect.
Public Attorney
4
Inform the assisting
Public Attorney whether
he/she wishes to
execute a waiver under
Article 125 of the
Revised Penal Code,
after being informed of
his/her rights, the
remedies available and
the consequences
thereof.

If the arrest/detention is illegal, the
inquest public attorney shall demand for
the release of the suspect/respondent
from the custody of the police.
If the arrest/detention is legal, the inquest
public attorney shall explain to the
suspect/respondent whether he/she
wishes to request for preliminary
investigation and execute a waiver of
Article 125 of the RPC and explain to
him/her the nature and consequences of
the waiver if he/she signed the same.
Public Attorney
5
Sign the waiver only
after being fully
informed of the
consequences thereof
and it should be
voluntary.
After the execution of the waiver of Article
125 of the RPC, the inquest Public
Attorney shall make the available
schedule in the preparation of the counter
affidavit and that of his/her witnesses, if
there is any.
Public Attorney
6
Appear before the
assisting Public
Attorney for the
preparation and
execution of his
counter-affidavit and
those of his witnesses.
Assist in the preparation of the counter
affidavit of the person undergoing inquest
proceeding and that of his/her witnesses if
any, and submit the same with the
Prosecution Office.
Duty Inquest
Public Attorney
Approximate
FEEDBACK FORM
Pananaw o Puna
________________________________________________________________________________

Please let us know how we have served you. You may use this form for compliments, complaints, or
suggestions. Simply check the corresponding box.
Ipaalam po ninyo sa amin kung paano namin kayo napaglingkuran. Maaaring gamitin ito para sa
papuri, reklamo, o mungkahi. Mangyaring I-tsek lamang ang kahong naayon.
________________________________________________________________________________

COMPLIMENT COMPLAINT SUGGESTION
(Papuri) (Reklamo) (Mungkahi)

Person(s)/Unit/Office Concerned or Involved:
(Mga) tao/pangkat/tanggapan na may kinalaman sa papuri, reklamo, mungkahi:

______________________________________________________

Facts or Details surrounding the Incident (Please use additional sheet/s if necessary):
Kaganapan o detalye na bumabalot sa pangyayari (Mangyaring gumamit ng karagdagang papel
kung kinakailangan):

Recommendation(s)/Suggestion(s)/Desired Action from our Office (Please use additional sheet/s if
necessary):
Rekomendasyon/Mungkahi/Nais na aksiyon mula sa aming tanggapan
(Mangyaring gumamit ng karagdagang papel kung kinakailangan):

Name (OPTIONAL): _________________________________________________________
Pangalan

Office/Agency: _____________________________________________________________
Tanggapan/Ahensya

Address: __________________________________________________________________
Tirahan
__________________________________________________________________

Contact Number(s) (if any): ___________________________________________________
Telepono

E-mail Address (if any): ______________________________________________________

Signature: _________________________ Date: ______________________
Lagda Petsa

REFERENCES FOR PUBLIC
ATTORNEYS
International Conventions signed by the Philippines

International Covenant on Civil and Political Rights

Adopted by United Nations General Assembly Resolution 2200A (XXI), December 16,
1966
Signed by the Philippines December 19, 1966
Ratified by the Philippines October 23, 1986
Available at http://www2.ohchr.org/english/law/ccpr.htm

[]
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his
arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be subject to guarantees to
appear for trial, at any other stage of the judicial proceedings, and, should occasion arise,
for execution of the judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the
lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation.

Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person.
(a) Accused persons shall, save in exceptional circumstances, be segregated from
convicted persons and shall be subject to separate treatment appropriate to their
status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication.
2. The penitentiary system shall comprise treatment of prisoners the essential aim of which
shall be their reformation and social rehabilitation. J uvenile offenders shall be segregated
from adults and be accorded treatment appropriate to their age and legal status.

Article 11
No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.

[]

Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any
criminal charge against him, or of his rights and obligations in a suit at law, everyone
shall be entitled to a fair and public hearing by a competent, independent and impartial
tribunal established by law. The Press and the public may be excluded from all or part of
a trial for reasons of morals, public order (ordre public) or national security in a
democratic society, or when the interest of the private lives of the parties so requires, or
to the extent strictly necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice; but any judgment rendered in a criminal
case or in a suit at law shall be made public except where the interest of juvenile persons
otherwise requires or the proceedings concern matrimonial disputes or the guardianship
of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent
until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the
following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he understands of the
nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defense and to
communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal
assistance of his own choosing; to be informed, if he does not have legal
assistance, of this right; and to have legal assistance assigned to him, in any case
where the interests of justice so require, and without payment by him in any such
case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the same conditions
as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the
language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their
age and the desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being
reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when
subsequently his conviction has been reversed or he has been pardoned on the ground that
a new or newly discovered fact shows conclusively that there has been a miscarriage of
justice, the person who has suffered punishment as a result of such conviction shall be
compensated according to law, unless it is proved that the non-disclosure of the unknown
fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has
already been finally convicted or acquitted in accordance with the law and penal
procedure of each country.

Article 15
1. No one shall be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
when the criminal offence was committed. if, subsequent to the commission of the offence,
provision is made by law for the imposition of a lighter penalty, the offender shall benefit
thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the general
principles of law recognized by the community of nations.

[]
Convention on the Rights of the Child

Adopted by United Nations General Assembly Resolution 44/25, November 20, 1989
Signed by the Philippines J anuary 26, 1990
Ratified by the Philippines August 21, 1990
Available at http://www2.ohchr.org/english/law/crc.htm

[]
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release shall
be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention
or imprisonment of a child shall be in conformity with the law and shall be used only as a
measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent
dignity of the human person, and in a manner which takes into account the needs of persons of
his or her age. In particular, every child deprived of liberty shall be separated from adults unless
it is considered in the child's best interest not to do so and shall have the right to maintain contact
with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and
other appropriate assistance, as well as the right to challenge the legality of the deprivation of his
or her liberty before a court or other competent, independent and impartial authority, and to a
prompt decision on any such action.

[]
Article 40
1. States Parties recognize the right of every child alleged as, accused of, or recognized as
having infringed the penal law to be treated in a manner consistent with the promotion of the
child's sense of dignity and worth, which reinforces the child's respect for the human rights and
fundamental freedoms of others and which takes into account the child's age and the desirability
of promoting the child's reintegration and the child's assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of international instruments, States
Parties shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed
the penal law by reason of acts or omissions that were not prohibited by national
or international law at the time they were committed;
(b) Every child alleged as or accused of having infringed the penal law has at least
the following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or
her, and, if appropriate, through his or her parents or legal guardians, and to have
legal or other appropriate assistance in the preparation and presentation of his or
her defense;
(iii) To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair hearing according to
law, in the presence of legal or other appropriate assistance and, unless it is
considered not to be in the best interest of the child, in particular, taking into
account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine
or have examined adverse witnesses and to obtain the participation and
examination of witnesses on his or her behalf under conditions of equality;
(v) If considered to have infringed the penal law, to have this decision and
any measures imposed in consequence thereof reviewed by a higher competent,
independent and impartial authority or judicial body according to law;
(vi) To have the free assistance of an interpreter if the child cannot
understand or speak the language used;
(vii) To have his or her privacy fully respected at all stages of the
proceedings.
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as having
infringed the penal law, and, in particular:
(a) The establishment of a minimum age below which children shall be presumed
not to have the capacity to infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing with such children
without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counseling;
probation; foster care; education and vocational training programmers and other alternatives to
institutional care shall be available to ensure that children are dealt with in a manner appropriate
to their well-being and proportionate both to their circumstances and the offence.

[]

Convention against Torture and Other Cruel,
Inhuman and Degrading Treatment

Adopted by United Nations General Assembly Resolution 39/46, December 10, 1984
Ascended to by the Philippines J une 18, 1986
Available at http://www2.ohchr.org/english/law/cat.htm

[]
Article 13
Each State Party shall ensure that any individual who alleges he has been subjected to torture in
any territory under its jurisdiction has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall be taken to ensure that the
complainant and witnesses are protected against all ill-treatment or intimidation as a
consequence of his complaint or any evidence given.

[]

Convention on the Elimination of All Forms of Discrimination against Women

Adopted by United Nations General Assembly December 18, 1979
Signed by the Philippines J uly 15, 1980
Ratified by the Philippines August 5, 1981
http://www2.ohchr.org/english/law/cedaw.htm

[]
Article 15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall [...] treat them equally in all stages of procedure in courts and tribunals.

[]
Convention on the Rights of Person with Disabilities

Adopted by United Nations General Assembly Resolution A/RES/61/106, December 13,
2006
Signed by the Philippines September 25, 2007
Ratified by the Philippines April 15, 2008
Available at http://www.un.org/disabilities/convention/conventionfull.shtml

[]
Article 5, Equality and non-discrimination
1. States Parties recognize that all persons are equal before and under the law and are
entitled without any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to
persons with disabilities equal and effective legal protection against discrimination on all
grounds.
3. In order to promote equality and eliminate discrimination, States Parties shall take all
appropriate steps to ensure that reasonable accommodation is provided.
4. Specific measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the terms of the
present Convention.

[]

Article 12, Equal recognition before the law
1. States Parties reaffirm that persons with disabilities have the right to recognition
everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an
equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with
disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity
provide for appropriate and effective safeguards to prevent abuse in accordance with
international human rights law. Such safeguards shall ensure that measures relating to the
exercise of legal capacity respect the rights, will and preferences of the person, are free of
conflict of interest and undue influence, are proportional and tailored to the person's
circumstances, apply for the shortest time possible and are subject to regular review by a
competent, independent and impartial authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and
effective measures to ensure the equal right of persons with disabilities to own or inherit
property, to control their own financial affairs and to have equal access to bank loans,
mortgages and other forms of financial credit, and shall ensure that persons with
disabilities are not arbitrarily deprived of their property.

Article 13, Access to justice
1. States Parties shall ensure effective access to justice for persons with disabilities on an
equal basis with others, including through the provision of procedural and age-
appropriate accommodations, in order to facilitate their effective role as direct and
indirect participants, including as witnesses, in all legal proceedings, including at
investigative and other preliminary stages.
2. In order to help to ensure effective access to justice for persons with disabilities, States
Parties shall promote appropriate training for those working in the field of administration
of justice, including police and prison staff.

Article 14, Liberty and security of the person
1. States Parties shall ensure that persons with disabilities, on an equal basis with others:
(a) Enjoy the right to liberty and security of person;
(b) Are not deprived of their liberty unlawfully or arbitrarily, and that any
deprivation of liberty is in conformity with the law, and that the existence of a
disability shall in no case justify a deprivation of liberty.
2. States Parties shall ensure that if persons with disabilities are deprived of their liberty
through any process, they are, on an equal basis with others, entitled to guarantees in
accordance with international human rights law and shall be treated in compliance with
the objectives and principles of this Convention, including by provision of reasonable
accommodation.

Article 15, Freedom from torture or cruel, inhuman or degrading treatment or punishment
1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his or her free consent to
medical or scientific experimentation.
2. States Parties shall take all effective legislative, administrative, judicial or other measures
to prevent persons with disabilities, on an equal basis with others, from being subjected to
torture or cruel, inhuman or degrading treatment or punishment.

Article 16, Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative, social, educational and
other measures to protect persons with disabilities, both within and outside the , from all
forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation,
violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive
assistance and support for persons with disabilities and their families and caregivers,
including through the provision of information and education on how to avoid, recognize
and report instances of exploitation, violence and abuse. States Parties shall ensure that
protection services are age-, gender- and disability-sensitive.
3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States
Parties shall ensure that all facilities and programs designed to serve persons with
disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and
psychological recovery, rehabilitation and social reintegration of persons with disabilities
who become victims of any form of exploitation, violence or abuse, including through the
provision of protection services. Such recovery and reintegration shall take place in an
environment that fosters the health, welfare, self-respect, dignity and autonomy of the
person and takes into account gender- and age-specific needs.
5. States Parties shall put in place effective legislation and policies, including women- and
child-focused legislation and policies, to ensure that instances of exploitation, violence
and abuse against persons with disabilities are identified, investigated and, where
appropriate, prosecuted.

[]

Other International Materials

Universal Declaration of Human Rights

Adopted by United Nations General Assembly resolution 217 A (III), December 10,
1948
Available at: http://www.un.org/en/documents/udhr/

[]
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for his
defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did
not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the penal offence was committed.
[]

Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990
Available at http://www2.ohchr.org/english/law/lawyers.htm

[...]

4. Governments and professional associations of lawyers shall promote programs to inform the
public about their rights and duties under the law and the important role of lawyers in protecting
their fundamental freedoms. Special attention should be given to assisting the poor and other
disadvantaged persons so as to enable them to assert their rights and where necessary call upon
the assistance of lawyers.

5. Governments shall ensure that all persons are immediately informed by the competent
authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or
when charged with a criminal offence.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice
so require, be entitled to have a lawyer of experience and competence commensurate with the
nature of the offence assigned to them in order to provide effective legal assistance, without
payment by them if they lack sufficient means to pay for such services.

7. Governments shall further ensure that all persons arrested or detained, with or without
criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight
hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities,
time and facilities to be visited by and to communicate and consult with a lawyer, without delay,
interception or censorship and in full confidentiality. Such consultations may be within sight, but
not within the hearing, of law enforcement officials.

9. Governments, professional associations of lawyers and educational institutions shall ensure
that lawyers have appropriate education and training and be made aware of the ideals and ethical
duties of the lawyer and of human rights and fundamental freedoms recognized by national and
international law.

10. Governments, professional associations of lawyers and educational institutions shall ensure
that there is no discrimination against a person with respect to entry into or continued practice
within the legal profession on the grounds of race, color, sex, ethnic origin, religion, political or
other opinion, national or social origin, property, birth, economic or other status, except that a
requirement, that a lawyer must be a national of the country concerned, shall not be considered
discriminatory.

[...]

12. Lawyers shall at all times maintain the honor and dignity of their profession as essential
agents of the administration of justice.

13. The duties of lawyers towards their clients shall include:
(a) Advising clients as to their legal rights and obligations, and as to the working of the legal
system in so far as it is relevant to the legal rights and obligations of the clients;
(b) Assisting clients in every appropriate way, and taking legal action to protect their interests;
(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.

14. Lawyers, in protecting the rights of their clients and in promoting the cause
of justice, shall seek to uphold human rights and fundamental freedoms recognized by national
and international law and shall at all times act freely and diligently in accordance with the law
and recognized standards and ethics of the legal profession.

15. Lawyers shall always loyally respect the interests of their clients.

[...]

Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment

Adopted by United Nations General Assembly resolution A/RES/43/173, December 9,
1988
Available at: http://www.unhcr.org/refworld/docid/3b00f219c.html

[...]

Principle 11
1. A person shall not be kept in detention without being given an effective opportunity to be
heard promptly by a judicial or other authority. A detained person shall have the right to defend
himself or to be assisted by counsel as prescribed by law.

[...]

Principle 17
1. A detained person shall be entitled to have the assistance of a legal counsel. He shall be
informed of his right by the competent authority promptly after arrest and shall be
provided with reasonable facilities for exercising it.
2. If a detained person does not have a legal counsel of his own choice, he shall be entitled
to have a legal counsel assigned to him by a judicial or other authority in all cases where
the interests of justice so require and without payment by him if he does not have
sufficient means to pay.

Principle 18
1. A detained or imprisoned person shall be entitled to communicate and consult with his
legal counsel.

2. A detained or imprisoned person shall be allowed adequate time and facilities for
consultations with his legal counsel.

3. The right of a detained or imprisoned person to be visited by and to consult and
communicate, without delay or censorship and in full confidentiality, with his legal
counsel may not be suspended or restricted save in exceptional circumstances, to be
specified by law or lawful regulations, when it is considered indispensable by a judicial
or other authority in order to maintain security and good order.

4. Interviews between a detained or imprisoned person and his legal counsel may be within
sight, but not within the hearing, of a law enforcement official.

5. Communications between a detained or imprisoned person and his legal counsel
mentioned in the present principle shall be inadmissible as evidence against the detained
or imprisoned person unless they are connected with a continuing or contemplated crime.
[...]
United Nations Rules for the Protection of Juveniles Deprived of their Liberty

Adopted by General Assembly resolution 45/113, December 14, 1990
Available at: http://www2.ohchr.org/english/law/res45_113.htm

[...]
2. J uveniles should only be deprived of their liberty in accordance with the principles and
procedures set forth in these Rules and in the United Nations Standard Minimum Rules for the
Administration of J uvenile J ustice (The Beijing Rules). Deprivation of the liberty of a juvenile
should be a disposition of last resort and for the minimum necessary period and should be limited
to exceptional cases. The length of the sanction should be determined by the judicial authority,
without precluding the possibility of his or her early release.

[...]

17. J uveniles who are detained under arrest or awaiting trial ("untried") are presumed innocent
and shall be treated as such. Detention before trial shall be avoided to the extent possible and
limited to exceptional circumstances. Therefore, all efforts shall be made to apply alternative
measures. When preventive detention is nevertheless used, juvenile courts and investigative
bodies shall give the highest priority to the most expeditious processing of such cases to ensure
the shortest possible duration of detention. Untried detainees should be separated from convicted
juveniles.

18. [...]
(a) J uveniles should have the right of legal counsel and be enabled to apply for free legal aid,
where such aid is available, and to communicate regularly with their legal advisers. Privacy and
confidentiality shall be ensured for such communications;
[...]

19. All reports, including legal records, medical records and records of disciplinary proceedings,
and all other documents relating to the form, content and details of treatment, should be placed in
a confidential individual file, which should be kept up to date, accessible only to authorized
persons and classified in such a way as to be easily understood. Where possible, every juvenile
should have the right to contest any fact or opinion contained in his or her file so as to permit
rectification of inaccurate, unfounded or unfair statements. In order to exercise this right, there
should be procedures that allow an appropriate third party to have access to and to consult the
file on request. Upon release, the records of juveniles shall be sealed, and, at an appropriate time,
expunged.

[...]

24. On admission, all juveniles shall be given a copy of the rules governing the detention facility
and a written description of their rights and obligations in a language they can understand,
together with the address of the authorities competent to receive complaints, as well as the
address of public or private agencies and organizations which provide legal assistance. For those
juveniles who are illiterate or who cannot understand the language in the written form, the
information should be conveyed in a manner enabling full comprehension.

25. All juveniles should be helped to understand the regulations governing the internal
organization of the facility, the goals and methodology of the care provided, the disciplinary
requirements and procedures, other authorized methods of seeking information and of making
complaints and all such other matters as are necessary to enable them to understand fully their
rights and obligations during detention.

[...]

28. The detention of juveniles should only take place under conditions that take full account of
their particular needs, status and special requirements according to their age, personality, sex and
type of offence, as well as mental and physical health, and which ensure their protection from
harmful influences and risk situations. The principal criterion for the separation of different
categories of juveniles deprived of their liberty should be the provision of the type of care best
suited to the particular needs of the individuals concerned and the protection of their physical,
mental and moral integrity and well-being.

29. In all detention facilities juveniles should be separated from adults, unless they are members
of the same family. Under controlled conditions, juveniles may be brought together with
carefully selected adults as part of a special programmed that has been shown to be beneficial for
the juveniles concerned.

[...]

60. Every juvenile should have the right to receive regular and frequent visits, in principle once a
week and not less than once a month, in circumstances that respect the need of the juvenile for
privacy, contact and unrestricted communication with the family and the defense counsel.

[...]

75. Every juvenile should have the opportunity of making requests or complaints to the director
of the detention facility and to his or her authorized representative.

76. Every juvenile should have the right to make a request or complaint, without censorship as to
substance, to the central administration, the judicial authority or other proper authorities through
approved channels, and to be informed of the response without delay.

77. Efforts should be made to establish an independent office (ombudsman) to receive and
investigate complaints made by juveniles deprived of their liberty and to assist in the
achievement of equitable settlements.

78. Every juvenile should have the right to request assistance from family members, legal
counselors, humanitarian groups or others where possible, in order to make a complaint. Illiterate
juveniles should be provided with assistance should they need to use the services of public or
private agencies and organizations which provide legal counsel or which are competent to
receive complaints.

Philippine Republic Acts

R.A. No. 3019, Anti-Graft and Corrupt Practices Act
Approved: August 17, 1960
Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the
principle that a public office is a public trust, to repress certain acts of public officers and private
persons alike which constitute graft or corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-
owned and government-controlled corporations, and all other instrumentalities or agencies of the
Republic of the Philippines and their branches.
(b) "Public officer" includes elective and appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or exempt service receiving compensation,
even nominal, from the government as defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person
other than a member of the public officer's immediate family, in behalf of himself or of any
member of his family or relative within the fourth civil degree, either by consanguinity or
affinity, even on the occasion of a family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit,
for himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to
intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner
or capacity, has secured or obtained, or will secure or obtain, any Government permit or license,
in consideration for the help given or to be given, without prejudice to Section thirteen of this
Act.
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining, directly
or indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of
or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a member,
and which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel
or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage, or
of a mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b)
and (c); or offering or giving to the public officer the employment mentioned in subparagraph
(d); or urging the divulging or untimely release of the confidential information referred to in
subparagraph (k) of this section shall, together with the offending public officer, be punished
under Section nine of this Act and shall be permanently or temporarily disqualified in the
discretion of the Court, from transacting business in any form with the Government.
Section 4. Prohibition on private individuals.
(a) It shall be unlawful for any person having family or close personal relation with any public
official to capitalize or exploit or take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage
from any other person having some business, transaction, application, request or contract with
the government, in which such public official has to intervene. Family relation shall include the
spouse or relatives by consanguinity or affinity in the third civil degree. The word "close
personal relation" shall include close personal friendship, social and fraternal connections, and
professional employment all giving rise to intimacy which assures free access to such public
officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to
commit any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any relative,
by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the
Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not apply to any person who,
prior to the assumption of office of any of the above officials to whom he is related, has been
already dealing with the Government along the same line of business, nor to any transaction,
contract or application already existing or pending at the time of such assumption of public
office, nor to any application filed by him the approval of which is not discretionary on the part
of the official or officials concerned but depends upon compliance with requisites provided by
law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an
official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member
of the Congress during the term for which he has been elected, to acquire or receive any personal
pecuniary interest in any specific business enterprise which will be directly and particularly
favored or benefited by any law or resolution authored by him previously approved or adopted
by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the
initiation in Congress of the enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having
such interest prior to the approval of such law or resolution authored or recommended by him,
continues for thirty days after such approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the
approval of this Act or after assuming office, and within the month of J anuary of every other
year thereafter, as well as upon the expiration of his term of office, or upon his resignation or
separation from office, shall prepare and file with the office of the corresponding Department
Head, or in the case of a Head of Department or chief of an independent office, with the Office
of the President, or in the case of members of the Congress and the officials and employees
thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn
statement of assets and liabilities, including a statement of the amounts and sources of his
income, the amounts of his personal and family expenses and the amount of income taxes paid
for the next preceding calendar year: Provided, That public officers assuming office less than
two months before the end of the calendar year, may file their statements in the following
months of J anuary.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic
Act Numbered One thousand three hundred seventy-nine, a public official has been found to
have acquired during his incumbency, whether in his name or in the name of other persons, an
amount of property and/or money manifestly out of proportion to his salary and to his other
lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the
spouse and unmarried children of such public official may be taken into consideration, when
their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be
taken into consideration in the enforcement of this section, notwithstanding any provision of law
to the contrary.
Section 9. Penalties for violations.
(a) Any public officer or private person committing any of the unlawful acts or omissions
enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less
than one year nor more than ten years, perpetual disqualification from public office, and
confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained
wealth manifestly out of proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case
of conviction of the accused, be entitled to recover in the criminal action with priority over the
forfeiture in favor of the Government, the amount of money or the thing he may have given to
the accused, or the value of such thing.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished
by a fine of not less than one hundred pesos nor more than one thousand pesos, or by
imprisonment not exceeding one year, or by both such fine and imprisonment, at the discretion
of the Court.
The violation of said section proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted
against him.
Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act
shall be within the original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in ten
years.
Section 12. Termination of office. No public officer shall be allowed to resign or retire pending
an investigation, criminal or administrative, or pending a prosecution against him, for any
offense under this Act or under the provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against whom any criminal
prosecution under a valid information under this Act or under the provisions of the Revised
Penal Code on bribery is pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if
he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he
failed to receive during suspension, unless in the meantime administrative proceedings have been
filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value offered or
given as a mere ordinary token of gratitude or friendship according to local customs or usage,
shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession,
lawful trade or occupation by any private person or by any public officer who under the law may
legitimately practice his profession, trade or occupation, during his incumbency, except where
the practice of such profession, trade or occupation involves conspiracy with any other person or
public official to commit any of the violations penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision
to any person or circumstances is declared invalid, the remainder of the Act or the application of
such provision to other persons or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of
determining unexplained wealth, all property acquired by a public officer since he assumed
office shall be taken into consideration.
R.A. No. 6713, An Act Establishing a Code of Conduct and Ethical Standards
for Public Officials and Employees, to Uphold the Time-Honored Principle of
Public Office Being a Public Trust, Granting Incentives and Rewards for
Exemplary Service, Enumerating Prohibited Acts and Transactions and
Providing Penalties for Violations Thereof and for Other Purposes
Approved: February 20, 1989
assembled:
Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for
Public Officials and Employees."
Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of
ethics in public service. Public officials and employees shall at all times be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over
personal interest.
Section 3. Definition of Terms. - As used in this Act, the term:
(a) "Government" includes the National Government, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including government-
owned or controlled corporations, and their subsidiaries.
(b) "Public Officials" includes elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in
anticipation of, or in exchange for, a favor from a public official or employee.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person
other than a member of his family or relative as defined in this Act, even on the occasion of a
family celebration or national festivity like Christmas, if the value of the gift is neither nominal
nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers simple loan and commodatum as well as guarantees, financing arrangements
or accommodations intended to ensure its approval.
(f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting
trust.
(g) "Family of public officials or employees" means their spouses and unmarried children under
eighteen (18) years of age.
(h) "Person" includes natural and juridical persons unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public official or employee is a member of a board, an
officer, or a substantial stockholder of a private corporation or owner or has a substantial interest
in a business, and the interest of such corporation or business, or his rights or duties therein, may
be opposed to or affected by the faithful performance of official duty.
(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily,
completely and actually depriving or dispossessing oneself of his right or title to it in favor of a
person or persons other than his spouse and relatives as defined in this Act.
(k) "Relatives" refers to any and all persons related to a public official or employee within the
fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:
(a) Commitment to public interest. - Public officials and employees shall always uphold the
public interest over and above personal interest. All government resources and powers of their
respective offices must be employed and used efficiently, effectively, honestly and economically,
particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their duties
with the highest degree of excellence, professionalism, intelligence and skill. They shall enter
public service with utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddlers of undue patronage.
(c) J ustness and sincerity. - Public officials and employees shall remain true to the people at all
times. They must act with justness and sincerity and shall not discriminate against anyone,
especially the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy,
public order, public safety and public interest. They shall not dispense or extend undue favors on
account of their office to their relatives whether by consanguinity or affinity except with respect
to appointments of such relatives to positions considered strictly confidential or as members of
their personal staff whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone without
unfair discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
required by the public interest, public officials and employees shall provide information of their
policies and procedures in clear and understandable language, ensure openness of information,
public consultations and hearings whenever appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country, especially in the
depressed rural and urban areas.
(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the
Republic and to the Filipino people, promote the use of locally produced goods, resources and
technology and encourage appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest
by deeds the supremacy of civilian authority over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.
(h) Simple living. - Public officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or ostentatious
display of wealth in any form.
(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of
these standards including the dissemination of information programs and workshops authorizing
merit increases beyond regular progression steps, to a limited number of employees recognized
by their office colleagues to be outstanding in their observance of ethical standards; and (2)
continuing research and experimentation on measures which provide positive motivation to
public officials and employees in raising the general level of observance of these standards.
Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all
public officials and employees are under obligation to:
(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.
(b) Submit annual performance reports. - All heads or other responsible officers of offices and
agencies of the government and of government-owned or controlled corporations shall, within
forty-five (45) working days from the end of the year, render a performance report of the agency
or office or corporation concerned. Such report shall be open and available to the public within
regular office hours.
(c) Process documents and papers expeditiously. - All official papers and documents must be
processed and completed within a reasonable time from the preparation thereof and must contain,
as far as practicable, not more than three (3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or officer in charge shall sign for and in their
behalf.
(d) Act immediately on the public's personal transactions. - All public officials and employees
must attend to anyone who wants to avail himself of the services of their offices and must, at all
times, act promptly and expeditiously.
(e) Make documents accessible to the public. - All public documents must be made accessible to,
and readily available for inspection by, the public within reasonable working hours.
Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is
hereby established in order to motivate and inspire public servants to uphold the highest
standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials
and Employees is hereby created composed of the following: the Ombudsman and Chairman of
the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit,
and two government employees to be appointed by the President, as members.
It shall be the task of this Committee to conduct a periodic, continuing review of the
performance of public officials and employees, in all the branches and agencies of Government
and establish a system of annual incentives and rewards to the end that due recognition is given
to public officials and employees of outstanding merit on the basis of the standards set forth in
this Act.
The conferment of awards shall take into account, among other things, the following: the years
of service and the quality and consistency of performance, the obscurity of the position, the level
of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations
inherent in the work. Incentives and rewards to government officials and employees of the year
to be announced in public ceremonies honoring them may take the form of bonuses, citations,
directorships in government-owned or controlled corporations, local and foreign scholarship
grants, paid vacations and the like. They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to their qualifications. In case there is no
next higher position or it is not vacant, said position shall be included in the budget of the office
in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to
govern the conduct of its activities.
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public
officials and employees now prescribed in the Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any public official and employee and are hereby
declared to be unlawful:
(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the approval of
their office.
(b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised
or licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with
any matter before the office he used to be with, in which case the one-year prohibition
shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall
not use or divulge, confidential or classified information officially known to them by reason of
their office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value
from any person in the course of their official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the functions of their office.
As to gifts or grants from foreign governments, the Congress consents to:
(i) The acceptance and retention by a public official or employee of a gift of nominal
value tendered and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship
or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippine (such as allowances, transportation,
food, and lodging) of more than nominal value if such acceptance is appropriate or
consistent with the interests of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of
this subsection, including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural
exchange programs subject to national security requirements.
Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know, their
assets, liabilities, net worth and financial and business interests including those of their spouses
and of unmarried children under eighteen (18) years of age living in their households.
(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or temporary
workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a
Disclosure of Business Interests and Financial Connections and those of their spouses and
unmarried children under eighteen (18) years of age living in their households.
The two documents shall contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value and current fair
market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the
like;
(d) liabilities, and;
(e) all business interests and financial connections.
The documents must be filed:
(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.
All public officials and employees required under this section to file the aforestated documents
shall also execute, within thirty (30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents as may show their assets,
liabilities, net worth, and also their business interests and financial connections in previous years,
including, if possible, the year when they first assumed any office in the Government.
Husband and wife who are both public officials or employees may file the required statements
jointly or separately.
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and
Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office of the
Ombudsman;
(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; J ustices, with the Clerk of Court of the Supreme Court;
J udges, with the Court Administrator; and all national executive officials with the Office
of the President.
(3) Regional and local officials and employees, with the Deputy Ombudsman in their
respective regions;
(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office
of the President, and those below said ranks, with the Deputy Ombudsman in their
respective regions; and
(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives in
the Government in the form, manner and frequency prescribed by the Civil Service Commission.
(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made
available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten (10)
working days from the time they are filed as required by law.
(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee
to cover the cost of reproduction and mailing of such statement, as well as the cost of
certification.
(4) Any statement filed under this Act shall be available to the public for a period of ten
(10) years after receipt of the statement. After such period, the statement may be
destroyed unless needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed
under this Act for:
(a) any purpose contrary to morals or public policy; or
(b) any commercial purpose other than by news and communications media for
dissemination to the general public.
Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or employee is a partner in a partnership.
The requirement of divestment shall not apply to those who serve the Government in an
honorary capacity nor to laborers and casual or temporary workers.
Section 10. Review and Compliance Procedure. - (a) The designated Committees of both
Houses of the Congress shall establish procedures for the review of statements to determine
whether said statements which have been submitted on time, are complete, and are in proper
form. In the event a determination is made that a statement is not so filed, the appropriate
Committee shall so inform the reporting individual and direct him to take the necessary
corrective action.
(b) In order to carry out their responsibilities under this Act, the designated Committees of both
Houses of Congress shall have the power within their respective jurisdictions, to render any
opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance
to the approval by affirmative vote of the majority of the particular House concerned.
The individual to whom an opinion is rendered, and any other individual involved in a similar
factual situation, and who, after issuance of the opinion acts in good faith in accordance with it
shall not be subject to any sanction provided in this Act.
(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned, subject to the approval of the Secretary of
J ustice, in the case of the Executive Department and the Chief J ustice of the Supreme Court, in
the case of the J udicial Department.
Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he
holds office or employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine not exceeding the equivalent
of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the
gravity of the offense after due notice and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under another law, he shall be prosecuted under the
latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment
not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and,
in the discretion of the court of competent jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or employee, even if no criminal prosecution is
instituted against him.
(c) Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act, shall be subject to the
same penal liabilities as the public officials or employees and shall be tried jointly with them.
(d) The official or employee concerned may bring an action against any person who obtains or
uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such
action is brought may assess against such person a penalty in any amount not to exceed twenty-
five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier,
the latter shall apply.
Section 12. Promulgation of Rules and Regulations, Administration and Enforcement of this
Act. - The Civil Service Commission shall have the primary responsibility for the administration
and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of
this Act to the proper authorities for appropriate action: Provided, however, that it may institute
such administrative actions and disciplinary measures as may be warranted in accordance with
law. Nothing in this provision shall be construed as a deprivation of the right of each House of
Congress to discipline its Members for disorderly behavior.
The Civil Service Commission is hereby authorized to promulgate rules and regulations
necessary to carry out the provisions of this Act, including guidelines for individuals who render
free voluntary service to the Government. The Ombudsman shall likewise take steps to protect
citizens who denounce acts or omissions of public officials and employees which are in violation
of this Act.
Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed to
derogate from any law, or any regulation prescribed by any body or agency, which provides for
more stringent standards for its official and employees.
Section 14. Appropriations. - The sum necessary for the effective implementation of this Act
shall be taken from the appropriations of the Civil Service Commission. Thereafter, such sum as
may be needed for its continued implementation shall be included in the annual General
Appropriations Act.
Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act or the
application of such provision to other persons or circumstances shall not be affected by such
declaration.
Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent
herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier
penalty.
Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion
of its publication in the Official Gazette or in two (2) national newspapers of general circulation.
R.A. No. 7438, An Act Defining Certain Rights of Person Arrested, Detained or
Under Custodial Investigation as Well as the Duties of the Arresting, Detaining
and Investigating Officers, and Providing Penalties for Violations Thereof
Approved: April 27, 1992
assembled:
Section 1. Statement of Policy. It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of
Public Officers.
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, or
by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of
the President. The person's "immediate family" shall include his or her spouse, fianc or fiance,
parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation"
to a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with
light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with
a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal or
City Treasurer must certify that no funds are available to pay the fees of assisting counsel before
the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent counsel preferably of his own
choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual
absolute disqualification shall also be imposed upon the investigating officer who has been
previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or from examining and treating him, or
from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night
shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6)
years, and a fine of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may be
necessary to secure his safety and prevent his escape.
Section 5. Repealing Clause. Republic Act No. No. 857, as amended, is hereby repealed.
Other laws, presidential decrees, executive orders or rules and regulations, or parts thereof
inconsistent with the provisions of this Act are repealed or modified accordingly.
Section 6. Effectivity. This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in any daily newspapers of general circulation in the Philippines.

R.A. No. 8493, An Act to Ensure a Speedy Trial of All Criminal Cases Before the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court, and Municipal Circuit Trial Court, Appropriating Funds Therefor, and for
Other Purposes
Approved: February 12, 1998
assembled:
Section 1. Title. - This Act shall be known as the "Speedy Trial Act of 1998."
Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and
the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to
consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into during the
pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise
the same shall not be used in evidence against the accused. The agreements in relation to matters
referred to in Section 2 hereof is subject to the approval of the court: Provided, That the
agreement on the plea of the accused to a lesser offense may only be revised, modified, or
annulled by the court when the same is contrary to law, public morals, or public policy.
Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for
his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions or
penalties.
Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order reciting
the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties,
limit the trial to matters not disposed of and control the course of action during the trial, unless
modified by the court to prevent manifest injustice.
Section 6. Time Limit for Trial. - In criminal cases involving persons charged of a crime, except
those subject to the Rules on Summary Procedure, or where the penalty prescribed by law does
not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both,
irrespective of other imposable penalties, the justice or judge shall, after consultation with the
public prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or
other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case
shall the entire trial period exceed one hundred eighty (180) days from the first day of trial,
except as otherwise authorized by the Chief J ustice of the Supreme Court pursuant to Section 3,
Rule 22 of the Rules of Court.
Section 7. 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.
If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes
a negative or affirmative defense. A negative defense shall require the prosecution to prove the
guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order
of trial and require the accused to prove such defense by clear and convincing evidence.
Section 8. Time Limit Following an Order for New Trial. - If the accused is to be tried again
following an order of a court for a new trial, the trial shall commence within thirty (30) days
from the date the order for a new trial becomes final, except that the court retrying the case may
extend such period but in any case shall not exceed one hundred eighty (180) days from the date
the order for a new trial becomes final if unavailability of witnesses or other factors resulting
from passage of time shall make trial within thirty (30) days impractical.
Section 9. 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 period the time limit with respect to the period from
arraignment to trial shall be eighty (80) days.
Section 10. Exclusions. - The following periods of delay shall be excluded in computing the
time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the accused,
including but not limited to the following:
(1) delay resulting from an examination of the accused, and hearing on his/her
mental competency, or physical incapacity;
(2) delay resulting from trials with respect to charges against the accused;
(3) delay resulting from interlocutory appeals;
(4) delay resulting from hearings on pre-trial motions: Provided, That the delay
does not exceed thirty (30) days,
(5) delay resulting from orders of inhibition, or proceedings relating to change of
venue of cases or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial question;
and
(7) delay reasonably attributable to any period, not to exceed thirty (30) days,
during which any proceeding concerning the accused is actually under
advisement.
(b) Any period of delay resulting from the absence or unavailability of the accused or an
essential witness.
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 appearing at or being returned for trial.
(c) Any period of delay resulting from the fact that the accused is mentally incompetent
or physically unable to stand trial.
(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
propio or on motion of the accused or his/her counselor 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
excludable 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 and the accused in a speedy
trial.
Section 11. Factors for Granting Continuance. - The factors, among others, which a justice or
judge shall consider in determining whether to grant a continuance under subparagraph (f) of
Section 10 of this Act are as follows:
(a) Whether the failure to grant such a continuance in the proceeding would be likely to
make a continuation of such proceeding impossible, or result in a miscarriage of justice.
(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to the
number of accused or the nature of the prosecution or otherwise, that it is unreasonable to
expect adequate preparation within the periods of time established by this Act.
No continuance under subparagraph (f) of Section 10 shall be granted because of general
congestion of the court's calendar, or lack of diligent preparation or failure to obtain available
witnesses on the part of the public prosecutor.
Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney
knows that a person charged of a crime is preventively detained, either because he/she is charged
of a bailable crime and has no means to post bail, or is charged of a non-bailable crime, or is
serving a term of imprisonment in any penal institution, the public attorney shall promptly:
(a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to be
served on the person having custody of the prisoner mandating such person to so advise
the prisoner of his/her right to demand trial.
(b) Upon receipt of a notice, the person having custody of the prisoner shall promptly
advise the prisoner of the charge and of his/her right to demand trial. If at any time
thereafter the prisoner informs the person having custody that he/she demands trial, such
person shall cause notice to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the
presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the public attorney a
properly supported request for temporary custody of the prisoner for trial, the prisoner
shall be made available to that public attorney.
Section 13. 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 7 of this Act as extended
by Section 9, the information shall be dismissed on motion of the accused. The accused shall
have the burden of proof of supporting such motion but the prosecution shall have the burden of
going forward with the evidence in connection with the exclusion of time under Section 10 of
this Act.
In determining whether to dismiss the case with or without prejudice, the court shall consider,
among other factors, the seriousness of the offense, the facts and circumstances of the case which
led to the dismissal, and the impact of a reprosecution on the implementation of this Act and on
the administration of justice. Failure of the accused to move for dismissal prior to trial or entry of
a plea of guilty shall constitute a waiver of the right to dismissal under this section.
Section 14. Sanctions. - In any case in which counsel for the accused, the public prosecution or
public attorney:
(a) knowingly allows the case to be set for trial without disclosing the fact that a
necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he/she knows is totally frivolous
and without merit;
(c) makes a statement for the purpose of obtaining continuance which he/she knows to be
false and which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent with the
provisions of this Act, the court may, without prejudice to any appropriate criminal
and/or administrative charges to be instituted by the proper party against the erring
counsel if and when warranted, punish any such counsel or attorney, as follows:
(1) in the case of a counsel privately retained in connection with the defense of an
accused, by imposing a fine not exceeding; fifty percent (50%) of the
compensation to which he/she is entitled in connection with his/her defense of the
accused;
(2) by imposing on any appointed counsel de officio or public prosecutor a fine
not exceeding Ten thousand pesos (10,000.00); and
(3) by denying any defense counsel or public prosecutor the right to practice
before the court considering the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be in addition to any other
authority or power available to the court. The court shall follow the procedures
established in the Rules of Court in punishing any counsel or public prosecutor pursuant
to this section.
Section 15. Rules and Regulations. - The Supreme Court shall promulgate rules, regulations,
administrative orders and circulars which shall seek to accelerate the disposition of criminal
cases. The rules, regulations, administrative orders and circulars formulated shall provide
sanctions against justices and judges who willfully fail to proceed to trial without justification
consistent with the provisions of this Act.
Section 16. Funding. - For the effective implementation of the rules, regulations, administrative
orders and circulars promulgated under this Act, the amount of Twenty million pesos
(P20,000,000.00) annually shall be appropriated from the allocation of the Supreme Court under
the General Appropriations Act. Thereafter, such additional amounts as may be necessary for its
continued implementation shall be included in the annual General Appropriations Act.
Section 17. Act Not a Bar to Speedy Trial Claim Under the Constitution. - No provision of this
Act shall be interpreted as a bar to any claim of denial of speedy trial as required by Article III,
Section 14(2) of the 1987 Constitution.
Section 18. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Section 19. Separability Clause. - In case any provision of this Act is declared unconstitutional,
the other provisions shall remain in effect.
Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any newspaper of general circulation: Provided, That
Section 7 of this Act shall become effective after the expiration of the aforementioned third-
calendar-month period provided in Section 9 of this Act.
R.A. No. 9262, An Act Defining Violence against Women and their Children,
Providing for Protective Measures for Victims, Prescribing Penalties Therefore,
and for Other Purposes
Approved: March 8, 2004
assembled:
SECTION 1. Short Title. - This Act shall be known as the "Anti-Violence Against Women and
Their Children Act of 2004".
SECTION 2. Declaration of Policy. - It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also recognizes the
need to protect the family and its members particularly women and children, from violence and
threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of
all forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms. - As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child
as a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other harm
or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental
or emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which the victim belongs, or
to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the
use and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the
conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to
the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis
during the course of the relationship. A casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a
common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.
SECTION 4. Construction. - This Act shall be liberally construed to promote the protection and
safety of victims of violence against women and their children.
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business
or activity or controlling the victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets
of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of minor children of access to
the woman's child/children.
SECTION 6. Penalties. - The crime of violence against women and their children, under Section
5 hereof shall be punished according to the following rules:
(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or
murder or homicide shall be punished in accordance with the provisions of the Revised Penal
Code.
If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal
Code; those constituting serious physical injuries shall have the penalty of prison mayor; those
constituting less serious physical injuries shall be punished by prision correccional; and those
constituting slight physical injuries shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceding paragraph but shall
in no case be lower than arresto mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
If the acts are committed while the woman or child is pregnant or committed in the presence of
her child, the penalty to be applied shall be the maximum period of penalty prescribed in the
section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall
report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original
and exclusive jurisdiction over cases of violence against women and their children under this
law. In the absence of such court in the place where the offense was committed, the case shall be
filed in the Regional Trial Court where the crime or any of its elements was committed at the
option of the compliant.
SECTION 8. Protection Orders. - A protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman or her child specified in Section 5
of this Act and granting other necessary relief. The relief granted under a protection order serve
the purpose of safeguarding the victim from further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and ability of the victim to independently
regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order
(PPO). The protection orders that may be issued under this Act shall include any, some or all of
the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing, personally
or through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or
otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights are violated, and if respondent
must remove personal effects from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things and escort respondent from
the residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential
personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled
to legal support. Notwithstanding other laws to the contrary, the court shall order an
appropriate percentage of the income or salary of the respondent to be withheld regularly
by the respondent's employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by
the court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall order
the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not
limited to, property damage, medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such
relief.
Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. A petition for protection order may
be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units
(LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offense committed.
SECTION 10. Where to Apply for a Protection Order. Applications for BPOs shall follow the
rules on venue under Section 409 of the Local Government Code of 1991 and its implementing
rules and regulations. An application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner, the application shall be filed with that
court.
SECTION 11. How to Apply for a Protection Order. The application for a protection order
must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter or issues
thereof partakes of a violence as described in this Act. A standard protection order application
form, written in English with translation to the major local languages, shall be made available to
facilitate applications for protections order, and shall contain, among other, the following
information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another
court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure
of the address of the victim will pose danger to her life, it shall be so stated in the application. In
such a case, the applicant shall attest that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered an application for both
a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of the
application. Law enforcement agents shall also extend assistance in the application for protection
orders in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and PPOs issued under this Act
shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with
a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00)
and/or imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners for Protection Order. If the woman or her
child requests in the applications for a protection order for the appointment of counsel because of
lack of economic means to hire a counsel de parte, the court shall immediately direct the Public
Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO
determines that the applicant can afford to hire the services of a counsel de parte, it shall
facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to
family or conjugal resources by the applicant, such as when the same are controlled by the
perpetrator, shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the
petitioner.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay
Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering
the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of the basis of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the application shall be acted upon
by any availableBarangay Kagawad. If the BPO is issued by a Barangay Kagawad the order
must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for
fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
SECTION 15. Temporary Protection Orders. Temporary Protection Orders (TPOs) refers to
the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or
all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.
The court shall order the immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the
merits of the issuance of a PPO. If the respondent appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed
with the hearing. In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment on the basis of
the evidence presented. The court shall allow the introduction of any history of abusive conduct
of a respondent even if the same was not directed against the applicant or the person for whom
the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO
in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO
issued is due to expire, the court shall continuously extend or renew the TPO for a period of
thirty (30) days at each particular time until final judgment is issued. The extended or renewed
TPO may be modified by the court as may be necessary or applicable to address the needs of the
applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the
order was issued. The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or
not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no
clear showing that the act from which the order might arise did not exist.
SECTION 17. Notice of Sanction in Protection Orders. The following statement must be
printed in bold-faced type or in capital letters on the protection order issued by the Punong
Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
SECTION 18. Mandatory Period For Acting on Applications For Protection Orders Failure to
act on an application for a protection order within the reglementary period specified in the
previous section without justifiable cause shall render the official or judge administratively
liable.
SECTION 19. Legal Separation Cases. In cases of legal separation, where violence as
specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall
proceed on the main case and other incidents of the case as soon as possible. The hearing on any
application for a protection order filed by the petitioner must be conducted within the mandatory
period specified in this Act.
SECTION 20. Priority of Application for a Protection Order. Ex parte and adversarial
hearings to determine the basis of applications for a protection order under this Act shall have
priority over all other proceedings. Barangay officials and the courts shall schedule and conduct
hearings on applications for a protection order under this Act above all other business and, if
necessary, suspend other proceedings in order to hear applications for a protection order.
SECTION 21. Violation of Protection Orders. A complaint for a violation of a BPO issued
under this Act must be filed directly with any municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO.
Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to
any other criminal or civil action that the offended party may file for any of the acts committed.
A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial
and upon judgment, the trial court may motu proprio issue a protection order as it deems
necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or
civil action that the offended party may file for any of the acts committed.
SECTION 22. Applicability of Protection Orders to Criminal Cases. The foregoing provisions
on protection orders shall be applicable in impliedly instituted with the criminal actions
involving violence against women and their children.
SECTION 23. Bond to Keep the Peace. The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which
shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under
Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g)
to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the
courts.
SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the crime.
SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by
the courts to be suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of self-
defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with
mental or physical disabilities shall automatically be given to the mother, with right to support,
unless the court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of
a woman who is suffering from Battered woman syndrome.
SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors and court personnel should
observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure,
and privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. Barangay officials and law
enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the necessary whether or not a protection order has been issued and
ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain
view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who
respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or
the courts;
(g) arrest the suspected perpetrator without a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.
SECTION 31. Healthcare Provider Response to Abuse Any healthcare provider, including,
but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual
cost; and
(e) provide the victim immediate and adequate notice of rights and remedies provided
under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs Other government agencies
and LGUs shall establish programs such as, but not limited to, education and information
campaign and seminars or symposia on the nature, causes, incidence and consequences of such
violence particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of violence against
women and their children under the Act.
SECTION 33. Prohibited Acts. A Punong Barangay, Barangay Kagawad or the court hearing
an application for a protection order shall not order, direct, force or in any way unduly influence
he applicant for a protection order to compromise or abandon any of the reliefs sought in the
application for protection under this Act. Section 7 of the Family Courts Act of 1997 and
Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SECTION 34. Persons Intervening Exempt from Liability. In every case of violence against
women and their children as herein defined, any person, private individual or police authority or
barangay official who, acting in accordance with law, responds or intervenes without using
violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable
for any criminal, civil or administrative liability resulting therefrom.
SECTION 35. Rights of Victims. In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance from the PAO of the Department of J ustice (DOJ ) or any
public legal assistance office;
(c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the Family
Code; and
(e) To be informed of their rights and the services available to them including their right
to apply for a protection order.
SECTION 36. Damages. Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. The court shall expedite the process of issuance of a
hold departure order in cases prosecuted under this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. If the victim is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on
an application for a protection order, the court shall accept the application without payment of
the filing fee and other fees and of transcript of stenographic notes.
SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-
VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency
Council on Violence Against Women and their children, hereinafter known as the Council,
which shall be composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women (NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of J ustice (DOJ );
(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive
to the needs of their clients. The Council will also serve as the monitoring body as regards to
VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank
not lower than an assistant secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.
SECTION 40. Mandatory Programs and Services for Victims. The DSWD, and LGU's shall
provide the victims temporary shelters, provide counseling, psycho-social services and /or,
recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of Offenders. The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive ways of
coping with anger and emotional outbursts and reforming their ways. When necessary, the
offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 42. Training of Persons Involved in Responding to Violence Against Women and
their Children Cases. All agencies involved in responding to violence against women and their
children cases shall be required to undergo education and training to acquaint them with:
a. the nature, extend and causes of violence against women and their children;
b. the legal rights of, and remedies available to, victims of violence against women and
their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and
e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or
survivor.
The PNP, in coordination with LGU's shall establish an education and training program for
police officers and barangay officials to enable them to properly handle cases of violence against
women and their children.
SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave
of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the protection
order.
Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a
victim under this Act shall likewise be liable for discrimination.
SECTION 44. Confidentiality. All records pertaining to cases of violence against women and
their children including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy of the
victim. Whoever publishes or causes to be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying information of a victim or an
immediate family member, without the latter's consent, shall be liable to the contempt power of
the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and
a fine of not more than Five Hundred Thousand pesos (P500,000.00).
SECTION 45. Funding The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used
to implement services for victim of violence against women and their children.
SECTION 46. Implementing Rules and Regulations. Within six (6) months from the approval
of this Act, the DOJ , the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.
SECTION 47. Suppletory Application For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application.
SECTION 48. Separability Clause. If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.
SECTION 49. Repealing Clause All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days from the date of its
complete publication in at least two (2) newspapers of general circulation.

R.A. No. 9406, An Act Reorganizing and Strengthening the Public Attorneys
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
Approved: March 23, 2007
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
J ustice 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 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."
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 Attorneys 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 Attorneys 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 J udiciary; 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 Budget 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.

Philippine Court Documents

Supreme Court Circular No. 38-98, Implementing the Provisions of Republic Act
No. 8493, Entitled " An Act to Ensure a Speedy Trial of All Criminal Cases Before
the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court,
Appropriating Funds Therefor, and for Other Purposes"

Dated August 11, 1998

SEC. 1. Purpose of Circular. - This Circular is promulgated for the purpose of implementing the
provisions of Republic Act No. 8493, otherwise known as the "Speedy Trial Act of 1998", as
directed in Section 15 thereof.
SEC. 2. Time Limit for Arraignment and Pre-Trial. - The arraignment and the pre-trial if the
accused pleads not guilty to the crime charged, shall be held within thirty (30) days from the date
the court acquires jurisdiction over the person of the accused. The period of the pendency of a
motion to quash, or for a bill of particulars, or other causes justifying suspension of arraignment
shall be excluded.
SEC. 3. Mandatory Pre-Trial in Criminal Cases. - In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment, order
a pre-trial conference to consider the following:
[a] Plea bargaining;
[b] Stipulation of facts;
[c] Marking for identification of evidence of the parties;
[d] Waiver of objections to admissibility of evidence; and
[e] Such other matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.
If the accused has pleaded not guilty to the crime charged, he may state whether he interposes a
negative or affirmative defense. A negative defense shall require the prosecution to prove the
guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order
of trial and require the accused to prove such defense by clear and convincing evidence.
SEC. 4. Pre-Trial Agreement. - All agreements or admissions made or entered into during the
pre-trial conference shall be reduced to writing and signed by the accused and counsel, otherwise
the same shall not be used against the accused. The agreements in relation to matters referred to
in Section 3 hereof are subject to the approval of the court: Provided, That the agreement on the
plea of the accused should be to a lesser offense necessarily included in the offense charged.
SEC. 5 . Non-appearance at Pre-Trial Conference. - Where counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for
his lack of cooperation, the court may impose proper sanctions or penalties.
SEC. 6. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order reciting
the actions taken, the facts stipulated, and the evidence marked. Such order shall bind the
parties, limit the trial to matters not disposed of and control the course of action during the trial,
unless modified by the court to prevent manifest injustice.
Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days
to prepare for trial which shall commence within thirty (30) days from receipt of the pre-trial
order.
SEC. 7. Extended Time Limit. - Notwithstanding the provisions of the preceding Sections 2 and 6
for the first twelve-calendar-month period following its effectivity, the time limit with respect to
the period from arraignment to trial imposed by said provision 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 period, the time limit shall be eighty (80) days.
SEC. 8. Time Limit for Trial. - In criminal cases involving persons charged with a crime, except
those subject to the Rule on Summary Procedure, or where the penalty prescribed by law does
not exceed six (6) months imprisonment, or a fine of one thousand pesos (P1,000.00) or both,
irrespective of other imposable penalties, the court shall, after consultation with the public
prosecutor and the counsel for the accused, set the case for continuous trial on a weekly or other
short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall
the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as
otherwise authorized by the Court Administrator pursuant to Section 2, Rule 30 of the Rules of
Court.
SEC. 9. Exclusions. - The following periods of delay shall be excluded in computing the time
within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the accused, including but
not limited to the following:
(1) delay resulting from an examination of the physical and mental condition of the accused;
(2) delay resulting from proceedings with respect to other criminal charges against the accused;
(3) delay resulting from extraordinary remedies against interlocutory orders;
(4) delay resulting from pre-trial proceedings: Provided, that the delay does not exceed thirty
(30) days;
(5) delay resulting from orders on inhibition or proceedings relating to change of venue of cases
or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial question; and
(7) delay reasonably attributable to any period, not to exceed thirty (30) days, during which any
proceeding concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an essential witness.
For purposes of this subparagraph, an essential witness shall be considered absent when his
whereabouts are unknown or his whereabouts cannot be determined by due diligence. An
essential witness shall be considered unavailable whenever his whereabouts are known but his
presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from the fact that the accused is mentally incompetent or
physically unable to stand trial.
(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is
filed against the accused for the same 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 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 separate trial has been granted.
(f) Any period of delay resulting from a continuance granted by any court motu proprio or on
motion of either the accused or his counsel or the prosecution, if the court granted such
continuance on the basis of his findings set forth in the order that the ends of justice served by
taking such action outweigh the best interest of the public and the accused in a speedy trial.
SEC. 10 . Factors for Granting Continuance. - The following factors, among others, shall be
considered by a court in determining whether to grant a continuance under subparagraph (f) of
Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding would be likely to make a
continuation of such proceeding impossible, or result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the
number of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect
adequate preparation within the periods of time established herein.
No continuance under subparagraph (f) of Section 9 hereof shall be granted because of
congestion of the court's calendar, or lack of diligent preparation or failure to obtain available
witnesses on the part of the public prosecutor.
SEC. 11. Time Limit Following on 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 trial within thirty (30) days impractical.
SEC. 12 . Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney
assigned to defend a person charged with a crime knows that the latter is preventively detained,
either because he is charged with a bailable crime and has no means to post bail, or is charged
with a non-bailable crime, or is serving a term of imprisonment in any penal institution:
(a) The public attorney shall promptly undertake to obtain the presence of the prisoner for trial,
or cause a notice to be served on the person having custody of the prisoner requiring such person
to so advise the prisoner of his right to demand trial.
(b) Upon receipt of that notice, the person having custody of the prisoner shall promptly advise
the prisoner of the charge and of his right to demand trial. If at any time thereafter the prisoner
informs his custodian that he demands such trial, the latter shall cause notice to that effect to be
sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of
the prisoner for trial.
(d) When the person having custody of the prisoner receives from the public attorney a properly
supported request for the availability of the prisoner for purposes of the trial, the prisoner shall
be made available accordingly.
SEC. 13. Sanctions. - In any case in which private counsel for the accused, the public attorney or
the prosecutor:
(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary
witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he knows is totally frivolous and
without merit;
(c) makes a statement for the purpose of obtaining continuance which he knows to be false and
which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent with the
provisions hereof, the court may punish any such counsel, attorney or prosecutor, as follows:
(1) in the case of a counsel privately retained in connection with the defense of an accused, by
imposing a fine not exceeding twenty thousand pesos (P20,000.00);
(2) by imposing on any appointed counsel de oficio, public attorney or public prosecutor a fine
not exceeding five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public prosecutor the right to practice before the court
considering the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be without prejudice to any appropriate
criminal action or any other sanction authorized under the Rules of Court.
SEC. 14. Remedy Where Accused is not Brought to Trial Within the Time Limit. - If the accused
is not brought to trial within the time limit required by Sections 2 and 6 hereof, as extended by
Section 7, 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.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to
dismiss under this section.
SEC. 15. Republic Act No. 8493 Not a Bar to Provision on Speedy Trial in the Constitution. -
No provision of Republic Act No. 8493 shall be interpreted as a bar to any charge of denial of
speedy trial as provided by Article III, Section 14(2), of the 1987 Constitution.
SEC. 16 . Effectivity. - This Circular shall be published in two (2) newspapers of general
circulation and shall take effect on September 15, 1998.

Rules of Court 138, Attorneys and Admission to Bar, Section 20,
Duties of attorneys

It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law;
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of
his client, and to accept no compensation in connection with his client's business except from
him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law.

Philippine Legal Ethics Codes

Cannons of Professional Ethics
PREAMBLE

In the Philippines, where the stability of courts and of all departments of government rests upon
the approval of the people, it is peculiarly essential that the system for establishing and
dispensing justice be developed to a high point of efficiency and so maintained that the public
shall have absolute confidence in the integrity and impartiality of its administration. The future
of the Republic, to a great extent, depends upon our maintenance of justice pure and unsullied. It
cannot be so maintained unless the conduct and the motives of the members of our profession are
such as to merit the approval of all just men.

No code or set of rules can be framed, which will particularize all the duties of the lawyer in the
varying phase of litigation or in all the relations of professional life. The following canons of
ethics are adopted by the Philippine Bar Association as a general guide, yet the enumeration of
particular duties should not be construed as a denial of the existence of others equally imperative,
though not specifically mentioned.

1. The duty of the lawyer to the courts.

It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of
the temporary incumbent of the judicial office, but for the maintenance of its supreme
importance. J udges, not being wholly free to defend themselves, are peculiarly entitled to receive
the support of the bar against unjust criticism and clamor. Whenever there is proper ground for
serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his
grievances to the proper authorities. In such cases, but not otherwise, such charges should be
encouraged and the person making them should be protected.

2. The selection of judges

It is the duty of the bar to endeavor to prevent political considerations from outweighing judicial
fitness in the selection of judges. It should protest earnestly and actively against the appointment
of those who are unsuitable for the bench; and it should strive to have elevated thereto only those
willing to forego other employments whether of a business, political or other character, which
may embarrass their free and fair consideration of questions before them for decision. The
aspiration of lawyers for judicial position should be governed by an impartial estimate of their
ability to add to the office and not by a desire for the distinction the position may bring to
themselves.

3. Attempts to exert personal influence of the court

Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the
personal relations of the parties, subject both the judge and the lawyer to misconstructions of
motive and should be avoided. A lawyer should not communicate or argue privately with the
judge as to the merits of a pending cause and deserves rebuke and denunciation for any device or
attempt to gain from a judge special personal consideration or favor. A self-respecting
independence in the discharge of professional duty, without denial or diminution of the courtesy
and respect due the judge's station, is the only proper foundation for cordial personal and official
relations between bench and bar.

4. Counsel for an indigent prisoner

A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any
trivial reason and should always exert his best efforts in his behalf.

5. The defense or prosecution of those accused of crime

It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of
his personal opinion as to the guilt of the accused; otherwise, innocent persons, victims only of
suspicious circumstances, might be denied proper defense. Having undertaken such defense, the
lawyer is bound, by all fair and honorable means, to present every defense that the law of the
land permits, to the end that no person may be deprived of life or liberty but by due process of
law.

The primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The suppression of facts or the secreting of witnesses capable of establishing the
innocence of the accused is highly reprehensible.

6. Adverse influence and conflicting interests

It is a duty of a lawyer at the time of retainer to disclose to the client all the circumstances of his
relations to the parties and any interest in or connection with the controversy, which might
influence the client in the selection of counsel.

It is unprofessional to represent conflicting interests, except by express consent of all concerned
given after a full disclosure of the facts. Within the meaning of this canon, a lawyer represents
conflicting interests when, in behalf of one client, it is his duty to contend for that which duty to
another client requires him to oppose.

The obligation to represent the client with undivided fidelity and not to divulge his secrets or
confidence forbids also subsequent acceptance of retainers or employment from others in matters
adversely affecting any interest of the client with respect to which confidence has been reposed.

7. Professional colleagues and conflicts of opinions

A client's proffer of assistance of additional counsel should not be regarded as evidence of want
of confidence, but the matter should be left to the determination of the client. A lawyer should
decline association as colleague if it is objectionable to the original counsel, but if the lawyer
first retained is relieved, another may come into the case.

When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of
the client, the conflict of opinion should frankly stated to him for his final determination. His
decision should be accepted unless the nature of the difference makes it impracticable for the
lawyer whose judgment has been overruled to cooperate effectivity. In this event it is his duty to
ask the client to relieve him.

Efforts, direct or indirect, in any way to encroach upon the professional employment of another
lawyer are unworthy of those who should be brethren at the bar; but, nevertheless, it is the right
of any lawyer, without fear or favor, to give proper advice to those seeking relief against
unfaithful or neglectful counsel, generally after communication with the lawyer against whom
the complaint is made.

8. Advising upon the merits of a client's cause

A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon,
and he is bound to give a candid opinion of the merits and probable result of pending or
contemplated litigation. The miscarriages to which justice is subject, by reason of surprises and
disappointments in evidence and witnesses, through mistakes and errors of courts, even though
only occasional, admonish lawyers to beware of bold and confident assurances to clients,
especially where the employment may depend upon such assurance. Whenever the controversy
will admit of fair judgment, the client should be advised to avoid or to end the litigation.

9. Negotiations with opposite party

A lawyer should not in any way communicate upon the subject of controversy with a party
represented by counsel, much less should he undertake to negotiate or compromise the matter
with him, but should deal only with his counsel. It is incumbent upon the lawyer most
particularly to avoid everything that may tend to mislead a party not represented by counsel, and
he should not undertake to advise him as to the law.

10. Acquiring interest in litigation

The lawyer should not purchase any interest in the subject matter of the litigation which he is
conducting.

11. Dealing with trust property

The lawyer should refrain from any action whereby for his personal benefit or gain he abuses or
takes advantage of the confidence reposed in him by his client.

Money of the client or collected for the client or other trust property coming into the possession
of the lawyer should be reported and accounted for promptly and should not under any
circumstances be commingled with his own or be used by him.

12. Fixing the amount of the fee

In fixing fees, lawyers should avoid charges which over estimate their advice and services, as
well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of
the value of the service, though his poverty may require a less charge, or even none at all. The
reasonable requests of brother lawyers, and of their widows and orphans without ample means,
should receive special and kindly consideration.

In determining the amount of the fees, it is proper to consider: (1) the time and labor required,
the novelty and difficulty of the questions involved and the skill required to properly conduct the
cause; (2) whether the acceptance of employment in the particular case will preclude the lawyer's
appearance for others in cases likely to arise out of the transaction, and in which there is a
reasonable expectation that otherwise he would be employed in the particular case or
antagonisms with other clients; (3) the customary charges of the bar for similar services; (4) the
amount involved in the controversy and the benefits resulting to the client from the services; (5)
the contingency or the certainty of the compensation; and (6) the character of the employment,
whether casual or for an established and constant client. Not one of these considerations in itself
is controlling. They are mere guides in ascertaining the real value of the service.

In determining the customary charges of the bar for similar services, it is proper for a lawyer to
consider a schedule of minimum fees adopted by a bar association, but no lawyer should permit
himself to be controlled thereby or to follow it as his sole guide in determining the amount of his
fee.

In fixing fees, it should not be forgotten that the profession is a branch of the administration of
justice and not a mere money-getting trade.

13. Contingent fees

A contract for a contingent fee, where sanctioned by law, should be reasonable under all the
circumstances of the case including the risk and uncertainty of the compensation, but should
always be subject to the supervision of a court, as to its reasonableness.

14. Suing a client for a fee

Controversies with clients concerning compensation are to be avoided by the lawyer so far as
shall be compatible with his self respect and with his right to receive reasonable recompense for
his service; and lawsuits with the clients should be resorted to only to prevent injustice,
imposition or fraud.

15. How far a lawyer may go in supporting a client's cause

Nothing operates more certainly to create or to foster popular prejudice against lawyers as a
class, and to deprive the profession of that full measure of public esteem and confidence which
belongs to the proper discharge of its duties than does the false claim. often set up by the
unscrupulous for the defense of questionable transactions, that it is the duty of the lawyer to do
whatever may enable him to succeed in winning his client's cause.

It is improper for a lawyer to assert in argument his personal belief in his client's innocence or in
the justice of his cause.

The lawyer owes "entire devotion to the interest of the client, warm zeal in the maintenance and
defense of his rights and the exertion of his utmost learning and ability," to the end that nothing
be taken or be withheld from him, save by the rules of law, legally applied. No fear of judicial
disfavor or public popularity should restrain him from the full discharge of his duty. In the
judicial forum the client is entitled to the benefit of any and every remedy and defense that is
authorized by the law of the land, and he may expect his lawyer to assert every such remedy or
defense. But it is steadfastly to be borne in mind that the great trust of the lawyer is to be
performed within and not without the bounds of the law. The office of attorney does not permit,
much less does it demand of him for any client, violation of law or any manner of fraud or
chicanery, he must obey his own conscience and not that of his client.

16. Restraining clients from improprieties

A lawyer should use his best efforts to restrain and to prevent his clients from doing those things
which the lawyer himself ought not to do, particularly with reference to their conduct towards
courts, judicial officers, jurors, witnesses and suitors. If a client persists in such wrongdoings the
lawyer should terminate their relation.

17. Ill-feelings and personalities between advocates

Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing between clients,
should not be allowed to influence counsel in their conduct and demeanor toward each other or
toward suitors in the case. All personalities between counsel should be scrupulously avoided. In
the trial of a cause it is indecent to allude to the personal history or the personal peculiarities and
idiosyncrasies of counsel on the other side. Personal colloquies between counsel which cause
delay and promote unseemly wranglings should also be carefully avoided.

18. Treatment of witnesses and litigants

A lawyer should always treat adverse witnesses and suitors with fairness and due consideration,
and he should never minister to the malevolence or prejudices of a client in the trial or conduct of
a cause. The client cannot be made the keeper of the lawyer's conscience in professional matter.
He has no right to demand that his counsel shall abuse the opposite party or indulge in offensive
personalities. Improper speech is not excusable on the ground that it is what the client would say
if speaking in his own behalf.

19. Appearance of lawyer as witness for his client

When a lawyer is a witness for his client, except as to merely formal matters, such as the
attestation or custody of an instrument and the like, he should leave the trial of the case to other
counsel. Except when essential to the ends justice, a lawyer should avoid testifying in behalf of
his client.

20. Newspaper discussion of pending litigation

Newspaper publication by a lawyer as to pending or anticipated litigation may interfere with a
fair trial in the courts and otherwise the due administration of justice. Generally, they are to be
condemned. If the extreme circumstances of a particular case justify a statement to the public, it
is unprofessional to make it anonymous. An ex parte reference to the facts should not go beyond
quotation from the records and papers on file in the court; but even in extreme cases it is better to
avoid an ex parte statement.

21. Punctuality and expedition

It is the duty of the lawyer not only to his client, but also to the courts and to the public to be
punctual in attendance, and to be concise and direct in the trial and disposition of causes.

22. Candor and fairness

The conduct of the lawyer before the court and with other lawyers should be characterized by
candor and fairness.

It is not candid nor fair for the lawyer knowingly to misquote the contents of a paper, the
testimony of a witness, the language or the argument of opposing counsel, of the language of a
decision or a textbook; or with knowledge of its invalidity, to cite as authority a decision that has
been overruled or a statute that has been repealed, or in argument to assert as a fact that which
has not been proved, or in those jurisdictions where a side has the opening and closing arguments
to mislead his opponent by concealing or withholding positions in his opening argument upon
which his side then intends to rely.

It is unprofessional and dishonorable to deal other than candidly with the facts in taking the
statements of witnesses, in drawing affidavits and other documents, and in the presentation of
causes.

A lawyer should not offer evidence which he knows the court should reject, in order to get the
same before the jury by arguments for its admissibility, nor should he address to the judge
arguments upon any points not properly calling for determination by him. Neither should he
introduce into an argument, addressed to the court, remarks or statements intended to influence
the bystanders.

23. Attitude towards jury

All attempts to curry favor with juries by fawning flattery or pretended solicitude for their
personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or
convenience of jurors, and propositions to dispense with arguments, should be made to the court
out of the jury's hearing. A lawyer must never converse privately with jurors about the case; and
both before and during the trial he should avoid communicating with them even as to matters
foreign to the cause.

24. Right of lawyer to control the incidents of the trial

As to incidental matters pending trial, not affecting the merits of the cause, or working
substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when
he is under affliction or bereavement; forcing the trial on a particular day to the injury of the
opposite lawyer when no harm will result from a trial at different time; agreeing to an extension
of time for signing a bill of exceptions, cross interrogatories and the like, the lawyer must be
allowed to judge. In such matters no client has a right to demand that his counsel shall be
illiberal, or that he does anything therein repugnant to his own sense of honor and propriety.

25. Taking technical advantage of opposite counsel; agreement with him

A lawyer should not ignore known customs or practice of the bar or of a particular court, even
when the law permits, without giving timely notice to the opposite counsel. As far as possible,
important agreements, affecting the rights of clients, should be reduced to writing, but it is
dishonorable to avoid performance of an agreement fairly made because it is not reduced to
writing, as required by the Rules of Court.

26. Professional advocacy other than before courts

A lawyer openly, and in his true character may render professional services before legislative or
other bodies, regarding proposed legislation and in advocacy of claims before departments of
government upon the same principles of ethics which justify his appearance before courts; but it
is unprofessional for a lawyer so engaged, to conceal his attorneyship, or to employ secret
personal solicitations, or to use means other than those addressed to reason and understanding, to
influence action.

27. Advertising, direct or indirect

It is unprofessional to solicit professional employment by circulars, advertisements, through
touters, or by personal communications or interviews not warranted by personal relations.
Indirect advertisements for professional employment such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in which the
lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer's position, and all other like-laudation, offend the
traditions and lower the tone of our profession and are reprehensible; but the customary use of
simple professional cards is not improper.

Publication in reputable law lists in a manner consistent with the standards of conduct imposed
by those canons of brief biographical and informative data is permissible. Such data must not be
misleading and may include only a statement of the lawyer's name and the names of his
professional associates; addresses, telephone numbers, cable addresses; branches of the
profession practiced; date and place of birth and admission to the bar; schools attended; with
dates of graduation, degrees and other educational distinctions; public or quasi-public offices;
posts of honor; legal authorship; legal teaching positions; memberships and offices in bar
associations and committees thereof, in legal and scientific societies and legal fraternities; the
fact of references; and, with their written consent, the names of clients regularly represented. A
certificate of compliance with the Rules and Standards issued by the Special Committee on Law
Lists may be treated as evidence that such list is reputable.

28. Stirring up litigation, directly or through agents

It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where
ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation is not
only unprofessional, but it is indictable at common law. It is disreputable to hunt up defects in
titles or other causes of action and inform thereof in order to be employed to bring suit or collect
judgment, or to breed litigation by seeking out those with claims for personal injuries or those
having any other grounds of action in order to secure them as clients, or to employ agents or
runners for like purposes, or to pay or reward, directly or indirectly, those who bring or influence
the bringing of such cases to his office, or to remunerate policemen, court or prison officials,
physicians, hospital attaches or others who may succeed under the guise of giving disinterested
friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to
seek his professional services. A duty to the public and to the profession devolves upon every
member of the bar having knowledge of such practices upon the part of any practitioner
immediately to inform thereof, to the end that the offender may be disbarred.

29. Upholding the honor of the profession

Lawyers should expose without fear or favor before the proper tribunal corrupt or dishonest
conduct in the profession, and should accept without hesitation employment against a member of
the bar who has wronged his client. The counsel upon the trial of a cause in which perjury has
been committed owe it to the profession and to the public to bring the matter to the knowledge of
the prosecuting authorities. The lawyer should aid in guarding the bar against admission to the
profession of candidates unfit or unqualified because deficient in either moral character or
education. He should strive at all times to uphold the honor and to maintain the dignity of the
profession and to improve not only the law but the administration of justice.

30. Justifiable and unjustifiable litigations

The lawyer must decline to conduct a civil cause or to make a defense when convicted that it is
intended merely to harass or to injure the opposite party or to work oppression or wrong. But
otherwise it is right, and having accepted retainer, it becomes his duty to insist upon the
judgment of the court as to the legal merits of his client's claim. His appearance in court should
be deemed equivalent to an assertion on his honor that in his opinion his client's case is one
proper for judicial determination.

31. Responsibility for litigation

No lawyer is obliged to act either as adviser or advocate for every person who may wish to
become his client. He has the right to decline employment.

Every lawyer upon his own responsibility must decide what employment he will accept as
counsel, what causes he will bring into court for plaintiffs, what case he will contest in court for
defendants. The responsibility for advising as to questionable defenses is the lawyer's
responsibility. He cannot escape it but urging as an excuse that he is only following his client's
instructions.

32. The lawyer's duty in its last analysis

No client corporate or individual, however, powerful nor any cause, civil or political, however
important, is entitled to receive nor should any lawyer render any service or advice involving
disloyalty to the laws whose ministers we are, or disrespect of the judicial office, which we are
bound to uphold, or corruption of any person or persons exercising a public office or private
trust, or deception or betrayal of the public. When rendering any such improper service or
advice, the lawyer invites and merits stern and just condemnation. Correspondingly, he advances
the honor of his profession and the best interests of his client when he renders service or gives
advice tending to impress upon the client and his undertaking exact compliance with the strictest
principles of moral law. He must also observe and advice his client to observe the statute law,
though until a statute shall have been construed and interpreted by competent adjudication he is
free and is entitled to advise as to its validity and as to what he conscientiously believes to be its
just meaning and extent. But above all a lawyer will find his highest honor in a deserved
reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and
loyal citizen.

33. Partnership - names

Partnerships among lawyers for the practice of their profession are very common and are not to
be condemned. In the formation of partnerships and the use of partnership names, care should be
taken not to violate any law, custom, or rule of court locally applicable. Where partnerships are
formed between lawyers who are not all admitted to practice in the courts of the state, care
should be taken to avoid any misleading name or representation which would create a false
impression as to the professional position or privilege of the member not locally admitted.

In the formation of partnerships for the practice of law no person should be admitted or held out
as practitioner or member who is not a member of the legal profession duly authorized to
practice, and amenable to professional discipline. In the selection and use of a firm name, no
false, misleading, assumed or trade name should be used. The continued use of the name of a
deceased or former partner, when permissible by local custom, is not unethical, but care should
be taken that no imposition or deception is practiced through this use. When a member of the
firm, on becoming a judge, is precluded from practicing law, his name should not be continued
in the firm name.

Partnership between lawyers and members of other professions or non-professional persons
should not be formed or permitted where any part of the partnership's employment consists of the
practice of law.

34. Division of fee

No division of fees for legal services is proper, except with another lawyer, based upon a
division of service or responsibility.

35. Intermediaries

The professional services of a lawyer should not be controlled or exploited by any lay agency,
personal or corporate, which intervenes between client and lawyer. A lawyer's responsibilities
and qualifications are individual. He should avoid all relations which direct the performance of
his duties by or in the interest of such intermediary. A lawyer's relation to his client should be
personal, and his responsibility should be direct to the client. Charitable societies rendering aid to
the indigents are not deemed such intermediaries.

A lawyer may accept employment from any organization, such as an association, club or trade
organization, to render legal services in any matter in which the organization, as an entity, is
interested, but this employment should not include the rendering of legal services to the members
of such an organization in respect to their individual affairs.
36. Retirement from judicial position or public employment

A lawyer should not accept employment as an advocate in any matter upon the merits of which
he has previously acted in a judicial capacity.

A lawyer, having once held public office or having been in the public employ should not, after
his retirement, accept employment in connection with any matter he has investigated or passed
upon while in such office or employ.

37. Confidence of a client

It is the duty of a lawyer to preserve his client's confidences. This duty outlasts the lawyer's
employment and extends as well to his employees; and neither of them should accept
employment, which involves or may involve the disclosure or use of these confidences, either for
the private advantages of the client, without his knowledge and consent, and even though there
are other available sources of such information. A lawyer should not continue employment when
he discovers that this obligation prevents the performance of his full duty to his former or to his
new client.

If a lawyer is accused by his client, he is not precluded from disclosing the truth in respect to the
accusation. The announced intention of a client to commit a crime is not included within the
confidence which he is bound to respect. He may properly make such disclosure as may be
necessary to prevent the act or protect those against whom it is threatened.

38. Compensation, commissions and rebates

A lawyer should accept no compensation, commissions, rebates or other advantages from others
without the knowledge and consent of his client after full disclosure.

39. Witness

A lawyer may properly interview any witness or prospective witness for the opposing side in any
civil or criminal action without the consent of opposing counsel or party. In doing so, however,
he should scrupulously avoid any suggestion calculated to induce the witness to suppress or
deviate from the truth, or in any degree to affect his free and untrammeled conduct when
appearing at the trial or on the witness stand.

40. Newspapers

A lawyer may with propriety write articles for publications in which he gives information upon
the law; but he could not accept employment from such publication to advice inquiries in respect
to their individual rights.

41. Discovery of imposition and deception

When a lawyer discovers that some fraud or deception has been practiced, which was unjustly
imposed upon the court or party, he should endeavor to rectify it; at first by advising his client,
and should endeavor to rectify it; at first by advising his client, and if his client refuses to forego
the advantage thus unjustly gained, he should promptly inform the injured person or his counsel,
so that they may take appropriate steps.

42. Expenses

A lawyer may not properly agree with a client that the lawyer shall pay or beat the expense of
litigation; he may in good faith advance expenses as a matter of convenience, but subject to
reimbursement.

43. Approved law lists

It is improper for a lawyer to permit his name to be published in a law list the conduct,
management or contents of which are calculated or likely to deceive or injure the public or the
profession, or to lower the dignity or standing of the profession.

44. Withdrawal from employment as attorney or counsel

The right of an attorney or counsel to withdraw from employment, once assumed, arises only
from good cause. Even the desire or consent of the client is not always sufficient. The lawyers
should not throw up the unfinished task to the detriment of his client except for reasons of honor
or self-respect. If the client insists upon an unjust or immoral course in the conduct of his case, or
if he persists over the attorney's remonstrance in presenting frivolous defenses, or if he
deliberately disregards an agreement or obligation as to fees or expenses, the lawyer may be
warranted in withdrawing on due notice to the client, allowing him time to employ another
lawyer. So, also, when a lawyer discovers that his client has no case and the client is determined
to continue it; or even if the lawyer finds himself incapable of conducting the case effectively.
Sundry other instances may arise in which withdrawal is to be justified. Upon withdrawal from a
case after a retainer has been paid, the attorney should refund such part of the retainer as has not
been clearly earned.
45. Specialists

The canons of the Philippine Bar Association apply to all branches of the legal profession;
specialist in particular branches are not to be considered as exempt from the application of these
principles.

46. Notice of specialized legal service

Where a lawyer is engaged in rendering a specialized legal service directly and only to other
lawyers, a brief, dignified notice of the fact, couched in language indicating that it is addressed to
lawyers, inserted in legal periodicals and like publications, when it will afford convenient and
beneficial information to lawyers desiring to obtain such service, is not improper.

47. Aiding the unauthorized practice of law

No lawyer shall permit his professional services, or his name to be used in aid of, or to make
possible, the unauthorized practice of law by any lay agency, personal or corporate.

Code of Professional Responsibility

Promulgated J une 21, 1988

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF
THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will
admit of a fair settlement.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN
EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE,
INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the
oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the extent necessary to safeguard the latter's
rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the
circumstances so warrant.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE
ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJ ECTIVE INFORMATION OR
STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or
legal services.

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used.
The continued use of the name of a deceased partner is permissible provided that the firm
indicates in all its communications that said partner is deceased.

Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media
in anticipation of, or in return for, publicity to attract legal business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL
SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF J USTICE.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE
LAW AND J URISPRUDENCE.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT
SERVICES IN THE DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to
see that justice is done. The suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible and is cause for disciplinary
action.

Rule 6.02 - A lawyer in the government service shall not use his public position to promote or
advance his private interests, nor allow the latter to interfere with his public duties.

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said service.

CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing
a material fact in connection with his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person
known by him to be unqualified in respect to character, education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit
of the legal profession.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS
AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive,
offensive or otherwise improper.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to
give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task
which by law may only be performed by a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law, except:

(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's
death, money shall be paid over a reasonable period of time to his estate or to persons specified
in the agreement; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the
plan is based in whole or in part, on a profit sharing agreement.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 1 0 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor
shall he mislead, or allow the Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the
language or the argument of opposing counsel, or the text of a decision or authority, or
knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert
as a fact that which has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat
the ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO J UDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR
CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or
behavior before the Courts.

Rule 11.04 - A lawyer shall not attribute to a J udge motives not supported by the record or have
no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a J udge to the proper authorities only.

CANON 1 2 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF J USTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the
law and the facts of his case, the evidence he will adduce and the order of its proferrence. He
should also be ready with the original documents for comparison with the copies.

Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting the same or offering an explanation for his
failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or
misuse Court processes.

Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the
trial, while the witness is still under examination.

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.

Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:

(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the
like; or

(b) on substantial matters, in cases where his testimony is essential to the ends of justice, in
which event he must, during his testimony, entrust the trial of the case to another counsel.

CANON 1 3 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with J udges.

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case
tending to arouse public opinion for or against a party.

Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's
race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment
as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines
or any of its chapters for rendition of free legal aid.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:

(a) he is not in a position to carry out the work effectively or competently;

(b) he labors under a conflict of interest between him and the prospective client or between a
present client and the prospective client.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees
shall observe the same standard of conduct governing his relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another client or his own interest,
and if so, shall forthwith inform the prospective client.

Rule 15.02 - A lawyer shall be bound by the rule on privilege communication in respect of
matters disclosed to him by a prospective client.

Rule 15.03 - A lawyer shall not represent conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.

Rule 15.04 - A lawyer may, with the written consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.

Rule 15.05 - A lawyer when advising his client, shall give a candid and honest opinion on the
merits and probable results of the client's case, neither overstating nor understating the prospects
of the case.

Rule 15.06 - A lawyer shall not state or imply that he is able to influence any public official,
tribunal or legislative body.

Rule 15.07 - A lawyer shall impress upon his client compliance with the laws and the principles
of fairness.

Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently with the
practice of law shall make clear to his client whether he is acting as a lawyer or in another
capacity.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF
HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from
the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and
those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his
client. He shall also have a lien to the same extent on all judgments and executions he has
secured for his client as provided for in the Rules of Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully
protected by the nature of the case or by independent advice. Neither shall a lawyer lend money
to a client except, when in the interest of justice, he has to advance necessary expenses in a legal
matter he is handling for the client.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

CANON 1 8 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that
he is not qualified to render. However, he may render such service if, with the consent of his
client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in
connection therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond
within a reasonable time to the client's request for information.

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of
his client and shall not present, participate in presenting or threaten to present unfounded
criminal charges to obtain an improper advantage in any case or proceeding.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the
representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client
to rectify the same, and failing which he shall terminate the relationship with such client in
accordance with the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:

(a) the time spent and the extent of the service rendered or required;

(b) the novelty and difficulty of the questions involved;

(c) The importance of the subject matter;

(d) The skill demanded;

(e) The probability of losing other employment as a result of acceptance of the proffered case;

(f) The customary charges for similar services and the schedule of fees of the IBP chapter to
which he belongs;

(g) The amount involved in the controversy and the benefits resulting to the client from the
service;

(h) The contingency or certainty of compensation;

(i) The character of the employment, whether occasional or established; and

(j) The professional standing of the lawyer.

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a
division of fees in proportion to the work performed and responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation
whatsoever related to his professional employment from anyone other than the client.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and
shall resort to judicial action only to prevent imposition, injustice or fraud.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;

(a) When authorized by the client after acquainting him of the consequences of the disclosure;

(b) When required by law;

(c) When necessary to collect his fees or to defend himself, his employees or associates or by
judicial action.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the
course of employment, nor shall he use the same to his own advantage or that of a third person,
unless the client with full knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from
his files to an outside agency seeking such information for auditing, statistical, bookkeeping,
accounting, data processing, or any similar purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates
thereof unless prohibited by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose
services are utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with
members of his family.

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except
to avoid possible conflict of interest.

CANON 2 2 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD
CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:

(a) When the client pursues an illegal or immoral course of conduct in connection with the matter
he is handling;

(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;

(c) When his inability to work with co-counsel will not promote the best interest of the client;

(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out
the employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to comply with the
retainer agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
immediately turn over all papers and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of the matter, including all information
necessary for the proper handling of the matter.

Code of Conduct for Prosecutors
(Annotated Version)

I. RATIONALE/ PURPOSE

Rationale

The central role of the prosecutors is to see to it that justice is served. In doing so, they are
obliged to conduct themselves in the highest ethical standards of fairness, dignity, impartiality,
and integrity with a view to preserving and enhancing public confidence in the prosecution
service.

Purpose

Public office is a public trust. Prosecutors must, at all times, be accountable to the people. They
must serve them with utmost integrity, responsibility, loyalty and efficiency, act with patriotism
and justice and lead moral and modest lives. The purpose of the Code of Conduct for Prosecutors
of the Republic of the Philippines is to establish mandatory standards to guide prosecutors in
their performance of their duties as public servants and pillars of the criminal justice system.

II. ROLE OF PUBLIC PROSECUTORS

A prosecutor performs dual responsibilities - to obtain convictions of the guilty and to ensure that
no innocent person is convicted and punished.

Role in criminal proceedings

A prosecutor is mandated by law to institute criminal actions, conduct inquest proceedings,
summary investigations, and preliminary investigations and prosecute cases before the court.
He/she should play an active role in building-up a case with law enforcement agencies when
authorized by law and assist in the implementation of court decisions.

A prosecutor should perform duties lawfully, fairly, consistently, and expeditiously, respect and
protect human dignity and uphold human rights to ensure due process and the efficient and
effective administration of the criminal justice system.

Performance of duties

A prosecutor should:

(a) Carry out all functions impartially and without discrimination on the basis of race, creed,
culture, economic status, family and political background, gender, sexual orientation and
the like;

(b) Protect the public interest with objectivity, paying attention to all relevant circumstances,
whether to the advantage or disadvantage of anyone;

(c) Keep records and information confidential, unless the performance of duty or the interest
of justice requires otherwise; and

(d) Ensure that parties are informed of their rights during the conduct of all proceedings.

A. CONDUCT OF A PROSE CUTOR D URING P RELIMINARY I NVESTIGATIONS,
SUMMARY INVESTIGATIONS, AND INQUEST PROCEEDINGS

1. Commitment to the Rule of Law and Public Interest

The public interest must be paramount in all conduct of the prosecutor.

2. Prompt and Efficient Service

A prosecutor must take to heart that justice delayed is justice denied; hence he/she must
perform his/her duties effectively, efficiently and without delay.

2.1. A prosecutor must strictly follow the periods provided in the Revised Manual for
Prosecutors for handling cases under inquest, summary and preliminary investigations, unless
the Prosecutor General/ Regional/Provincial/City Prosecutor has granted a time extension.

2.2. A prosecutor should be punctual in conducting inquest proceedings, summary and
preliminary investigations and should read and study all relevant affidavits, motions and pending
incidents.

2.3. A prosecutor should vigorously oppose any move by a party or counsel to unduly delay
proceedings and should deny any obviously dilatory pleadings or memoranda including motions
for extension of time to submit counter-affidavits or other pleadings.

3. Dedication, Diligence and Competence

As the people's representative, a prosecutor must perform duties with utmost competence,
responsibility, earnestness, and vigor.
3.1. A prosecutor must recognize and respect the substantive rights of all parties and observe, not
misuse, all rules of procedure.

During inquest, a prosecutor must patiently and diligently explain to all parties present the nature
of the proceedings and the rights of the respondent, including the right to preliminary
investigation and to be assisted by counsel of the respondents choice.

A prosecutor must ensure that each respondent is permitted to exercise the right to a preliminary
investigation and prepare for a defense except in cases under summary investigation.

3.2. A prosecutor must exercise good judgment in handling inquest proceedings, summary and
preliminary investigations of all cases.

3.3. A prosecutor should, during clarificatory questioning, make reasonable efforts to verify the
voluntariness and truthfulness of statements and testimonies of parties and witnesses. However, a
prosecutor should steadfastly refuse a party's requests for clarificatory questioning when there is
no need to conduct the same.

3.4. A prosecutor should prepare a well-reasoned and defensible resolution taking into
consideration the undisputed facts and circumstances and those established by the evidence vis-
-vis the applicable laws and jurisprudence. The resolution should concisely summarize the facts,
arguments, and applicable laws and jurisprudence of the case, state the rationale for the
prosecutor's determination, and indicate in specific and unmistakable terms any laws violated.

4. Impartiality, Independence, and Fidelity to Duty

A prosecutors role carries the unique responsibility of determining the existence of probable
cause.

4.1. A prosecutor should exert every effort to discontinue the prosecution of the case once an
impartial investigation shows that the charge is unfounded.

a. A prosecutor should never compromise his/her office when conducting an inquest
proceeding, summary investigation, or preliminary investigation. Utangnaloob should
not be a consideration in resolving cases in favor of a party. A prosecutor should always
administer justice impartially, without fear or favor, ensuring that the guilty do not escape
liability and the innocent do not suffer.

b. A prosecutor must act impartially and avoid the perception of bias. This requires that
he/she must:
i. Observe the same standards of conduct, behavior, and principles in dealings with
opposing parties and counsels to a case.

ii. Avoid giving legal advice to any litigant or lawyer that might bear upon a case
which might be filed or has been filed before the office unless authorized by law.

iii. Decline any social invitation or any offer of service that is capable of pecuniary
estimation from any party or counsel to a case under inquest, summary or
preliminary investigation.

4.4. A prosecutor should act diligently and fairly, uninfluenced by partisan interest, public
opinion or fear of criticism, in ascertaining facts and applying laws, jurisprudence, and pertinent
circulars by the Supreme Court and the Department of J ustice.

During the inquest proceedings, a prosecutor should act with dignity and impartiality, avoiding
the impression that any of his/her actions were motivated by a consideration beyond the merits of
the case and the interest of justice. All proceedings should be conducted only at the prosecutor's
office or, if impracticable, at the nearest police station. Discussions with any party, counsel, or
representative outside of these places should be avoided.

5. Honesty, Integrity and Professionalism

A prosecutor is the representative of the people and must therefore epitomize professionalism,
honesty, and integrity.

5.1. A prosecutor should, at all times, observe courtesy and proper decorum. He/she should not
use abusive, offensive, foul, or otherwise improper language in the conduct of an inquest
proceeding, summary or preliminary investigation and should not act in a solicitous or over-
friendly manner towards the parties and their counsels.

5.2. A prosecutor should always dress in proper office attire.

5.3. A prosecutor should ensure that subpoenas and other processes are duly issued/served and
should not be used or tolerated to be used for any purpose other than to secure the attendance of
the parties and their witnesses.

5.4. A prosecutor should be transparent in the conduct of inquest proceedings, summary and
preliminary investigations except when the proceeding is subject the rule on confidentiality.

5.5. A prosecutor should refrain from handling the inquest proceeding, summary investigation, or
preliminary investigation of a case as soon as a conflict of interest arises.

5.6. A prosecutor should not receive money, gift, or reward in relation to a case under inquest
proceeding, summary investigation, or preliminary investigation pending before, or disposed by
him/her or by any other prosecutor.

5.7. A prosecutor should never disclose confidential records and information or privileged
communications obtained in the course of duty, except as directed by the proper authorities.

5.8. A prosecutor should not suppress facts, conceal evidence, or keep secret any witness
relevant to establishing the probable guilt or innocence of a respondent, or allow the inclusion of
any documents or other evidence not officially submitted during the proceedings.

5.9. A prosecutor should not recommend a private counsel or lawyer to any party to a case before
him/her even if asked. He/she may direct any indigent litigant to the Public Attorneys Office or
other institutions providing free legal assistance.

5.10. A prosecutor should not recommend the employment of any person to a party whose case is
pending before him/her.

5.11. A prosecutor should not enter into any transaction or agreement with any party to a case
pending before the prosecutors office which transaction or agreement might provide the
prosecutor any direct or indirect pecuniary benefit.

5.12. A prosecutor should refrain from participating in the preparation of any document by or for
any party in a case being handled by him/her or a colleague in the prosecutor's office.

5.13. A prosecutor is absolutely prohibited from meddling in the decision of any party to desist
from pursuing the investigation or prosecution of a case being handled by him/her or another
prosecutor such as calling the parties to a conference, preparing an affidavit of desistance, or
becoming interested or involved in the details of the desistance.

5.14. A prosecutor should not avoid investigating or prosecuting a case merely because a party is
a well-known personality or politician. A prosecutor should always live up to the mandate to
apply the law impartially, without fear or favor.

A prosecutor who refrains from handling a case must base his/her decision on a motion filed by
any of the parties and only on meritorious or serious grounds. He/she must avoid voluntary
inhibition without a clear and verifiable basis or conflict of interest. All inhibitions must be in the
form of a written order and approved by the head of the office.

B. CONDUCT OF A PROSECUTOR DURING PRE-TRIAL AND TRIAL

1. Pre-trial

A prosecutor should always be present and prepared to present all documents and exhibits for
purposes of identification, comparison and marking.

1.1. A prosecutor should endeavor to expedite trial by agreeing to stipulations and admissions of
facts without compromising the interests of justice.

1.2. A prosecutor should give the accused an opportunity to enter into an appropriate plea
bargain when allowed by existing laws and policies.

1.3. A prosecutor should take reasonable steps to protect the integrity of all evidence, exhibits,
and other vital documents under his or her custody.

1.4. A prosecutor should exert diligent effort to verify the accuracy of witness testimonies
including the contents of their sworn statements.

1.5. A prosecutor should not suppress facts or conceal witnesses relevant to establishing the
innocence of the accused.

1.6. A prosecutor should help ensure that agreements entered into or admissions made during the
preliminary/pre-trial conference are in writing and promptly signed by the accused and their
counsel.

1.7. A prosecutor should not provide bail to any accused, or assist in the posting thereof, or refer
any bondsman in a case handled by the office unless the accused is related within the fourth civil
degree of affinity or consanguinity.

1.8. A prosecutor should vigorously oppose any move by any party or counsel to unduly delay
the prosecution of a criminal case.

2. Trial

2.1. A prosecutor should always be prepared for trial in order to effectively and vigorously
prosecute the case.

2.2. A prosecutor, as an officer of the court, should support its authority and dignity by
displaying a professional attitude and demeanor toward the judge, colleagues, parties, witnesses,
and others in the courtroom.

2.3. A prosecutor should speak in respectful language befitting the dignity of the legal profession
and promote high esteem and trust of the judiciary. Disrespectful or obscene language should not
be used in pleadings. While the court is in session, all matters relating to the case should be
addressed to the court, not to opposing counsel.

2.4. A prosecutor should promptly comply with all court orders and directives. Any request for a
reconsideration of an adverse ruling should be made respectfully and professionally.

2.5. A prosecutor should not offer evidence or testimony in any form that he or she knows to be
false, or fail to seek the withdrawal of any evidence or testimony revealed to be false.

2.6. A prosecutor should not knowingly ask objectionable questions, make unnecessary
comments, or bring up inadmissible matter before the court.

2.7. A prosecutor should conduct the examination of all witnesses fairly, objectively, and with
due regard to their dignity and privacy.

2.8. In speaking to the media or public, a prosecutor should not:

a. disclose confidential information or case details that may compromise the rights of case
parties to a fair trial and due process.

b. express any personal belief or opinion as to the truth or falsity of any testimony or
evidence or the guilt or innocence of the accused.

c. intentionally misstate evidence for the purpose of misleading the court or the public.

d. argue facts and evidence which are not on record, whether on trial or on appeal.

e. make comments which will undermine the verdict rendered by a judge.

III. PROHIBITED ACTS

A. Interaction of Prosecutors

A.1. An incumbent prosecutor should not, directly or indirectly, meet, transact, or deal with
former officials and employees of the prosecution service or the DOJ who are litigants or
counsels in a case or matter pending before any prosecution service office, or with their counsels,
agents, or representatives, inside or outside of office premises, regarding pending criminal cases.
Such contact is permitted, however, if and only if such a person is:

A.1.1. a counsel or co-counsel on record during the conduct of inquest proceedings,
investigations, trial and administrative proceedings;
A.1.2. designated by the court as counsel de officio;
A.1.3. a witness to a case; and
A.1.4. seeking assistance from the Department of J ustice Action Center.

A.2. A prosecutor should not disclose confidential information acquired in the course of
employment to persons known to him/her as former officials or employees of the National
Prosecution Service.

A.3. A prosecutor should exercise extraordinary diligence to avoid any conflict of interest
arising from the performance of official duties and functions based on familial, financial, or
professional relationships and friendships. Such conflict of interest should be immediately
disclosed to an immediate supervisor and the parties to the proceeding.

A.4. A prosecutor or his/her spouse, descendants, ascendants, and relatives within the fourth
civil degree by consanguinity or affinity should not enter into any direct or indirect contract with
the Department of J ustice or with officials of the prosecution service for the procurement of
supplies or services or the lease or sale of government property except as allowed by law.

A.5. A prosecutor should not enter into any business relationships or receive anything of value,
whether for charity or for profit, if such action might conflict with the impartial performance of
official duties.

A.6. A prosecutor should not engage or participate in transactions with any party from whom
future employment is being sought by the prosecutor, his/her spouse, descendant, ascendant, or
relative within the fourth civil degree by consanguinity or affinity.

A.7. A prosecutor should not engage in any undertaking or seek any additional employment
outside the prosecution service that might prejudice the performance of an official function or
otherwise undermine the public interest. A prosecutor should not engage in private practice of
law, whether compensated or uncompensated, unless duly authorized by the proper official.

A.8. A prosecutor should not recommend any litigant, or a litigant's agent or counsel, for
employment with any person transacting business with the prosecution service or the Department
of J ustice, unless otherwise authorized by law. Likewise, a prosecutor should not recommend the
employment of any person to any litigant, or a litigant's agent or counsel.

A.9. A prosecutor should not recommend the legal services of a private lawyer to any litigant in
a case being investigated or prosecuted by his/her Office.

A.10. A prosecutor should not allow his/her spouse, ascendant, descendant, or relative within the
fourth civil degree by consanguinity or affinity, or their law office to represent any litigant being
investigated or prosecuted by his/her office.

A.11. A prosecutor investigating or prosecuting a case should not knowingly enter into any
business transaction with a litigant or knowingly acquire a stake in a litigant's real or personal
property, security, or other pecuniary interest.

A.12. A prosecutor should not handle any case involving a party represented by counsel with
whom he/she has/had a close personal relationship.

A.13. A prosecutor should not voluntarily testify as a character or reputation witness on behalf of
a litigant, unless the litigant is a spouse, parent, child, or sibling.

A.14. A prosecutor should not solicit or accept from litigants any cash advances or
reimbursements for expenses in connection with a complaint or case he/she is investigating or
prosecuting in the performance of official functions.

B. RELATION TO THE PUBLIC

B.1. A prosecutor should, in all his/her private and public dealings, be honest, fair, considerate,
and reasonable.

B.2.A prosecutor should, in all activities, act in a manner consistent with the dignity of the
office. He/she should avoid any act of impropriety or the appearance thereof including conduct
that may raise doubt on his/her impartiality and objectivity.

B.3. A prosecutor should not publicly comment on the merits of a pending case.

B.4. A prosecutor should avoid all forms of discrimination and harassment and should be
dedicated to fairness and equality in the performance of his/her official duties and functions.

B.5. A prosecutor should treat colleagues and their work with utmost respect. Any situations of
conflict should be dealt with respectfully, peacefully, and politely.

B.6. A prosecutor should, at all times, avoid raising his/her voice in anger or exhibit bad temper.

B.7.A prosecutor should conduct his/her private life in a manner befitting the dignity of the
prosecution service.

C. OUTSIDE EMPLOYMENT

A Prosecutor should have no other employment other than with the Department of J ustice.

C.1. A prosecutor may only engage in outside employment with approval from the proper
official under the following conditions:

a. the employment is performed outside regular working hours;

b. the employment is not incompatible with the performance of official duties and functions;

c. the employment does not require the private practice of law except as an instructor,
professor, lecturer, or resource person; and,

d. the employment does not require or induce disclosure of confidential information.

C.2. A prosecutor may not appear as counsel in a criminal or civil case except when the case
involves himself/herself or his/her relative/s within the fourth civil degree or consanguinity or
affinity and only after securing permission from the proper authority.

D. GIFTS AND BENEFITS

D.1. A prosecutor shall not accept or receive, directly or indirectly, any gift or benefit from any
party to a case before him or her.

The following gifts are exempt from this prohibition unless the acceptance or receipt thereof
gives rise to a reasonable inference of influence in, or compensation for, a prosecutors
performance of official duties and functions:

a. Gifts of trivial or nominal value given in connection with a public appearance or
engagement and also made available to members of the general public;

b. Gifts, favors, or loans from a lending institution given on the same terms available to the
general public;

c. Plaques, trophies, or other commemorative items given for services rendered or in
recognition of ones achievement.

D.2. A prosecutor should not, in performance of official functions, accept any fee or
remuneration beyond his/her legal entitlement in accordance with the law.

D.3. A prosecutor should not accept or receive, directly or indirectly, gifts or benefits, from any
of the parties in a case pending before his/her office or before any court where he/she is a trial
prosecutor. Neither should the prosecutor accept or receive, directly or indirectly, gifts or
benefits from any party transacting business with the office of the prosecution service.

[Editors Note: There is no D.4. in the original text.]

D.5.A prosecutor may, however, accept or receive gifts or benefits under the following
circumstances:

i. when the gifts or benefits are given by his/her spouse, ascendant, descendant, or relative
within the fourth civil degree or consanguinity or affinity unless this person is appearing
or acting as counsel in any case before the prosecutor's office or before any court where
he or she is a trial prosecutor.

ii. when the gifts or benefits are reasonable emergency contributions and assistance from
colleagues or other office personnel in cases of illness, death, or similar situations.


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