LEGAL

RESEARCH
SERVICE
FUNCTIONS
1. Supervises the keeping &
maintenance of the library

* Clip and collate everyday’s publications drafted by the

lawyers from the ESS and the LRS, news articles pertaining to
the PAO’s achievement, and/or any update on the cases being
handled by the PAO, and other relevant articles

* Update the reference materials and accessioning the latest

RAs, MCs, Resolutions and others

* Keep record of the accomplishment reports and SACS

winning cases
2. Issue Legal Opinions; and

Answer all legal inquiries sent via

e-mail/regular mail/8888/ etc.

Conduct a systematic study of the

facts presented, materials
available, and sources, in order to
establish and reach the appropriate
legal opinion and/or conclusion.
As per the recent RPA’s meeting, the
LRS will no longer entertain any
inquiries from PAO lawyers/employees
unless the same has been discussed
with their respective immediate
superior, OIC, DPA, and/or RPA. Any
inquiries should be submitted through
email/regular mail/fax, except in cases
of immediate urgency or emergency.
Pursuant to Section 5, paragraph (a) of R.A. No. 6713
(Code of Conduct and Ethical Standards for Public
Official and Employees), public officials and employees
shall respond promptly to letters, telegrams or other
means of communication sent by the public within
fifteen (15) days from receipt thereof.

Pursuant to Executive Order No. 6, S. 2016 (Hotline 8888),

the proper government agency/ instrumentality is given
a 72 hour period to take action.

Email – [email protected]

Fax – 8-929-95-18
3. Handle labor cases in the
National Labor Relations
Commission of the NCR (NLRC-
NCR),

Manage the NLRC-NCR PAO-Sub

station.
In handling cases, strictly observe the policy under
Section 3 (3.4), Art VIII, PAO Operations Manual:

Section 5, Art. 3, Chapter IX Signature on Pleadings. –

All complaints, petitions, answers, replies and other
important pleadings to be filed in the lower court,
quasi-judicial bodies and other offices, must be signed
by the lawyer handling the case and co-signed:

a. In the District Offices – by the DPA/OIC

b. In the Regional Offices – by the RPA/OIC or any

senior lawyer in that Office designated by him; and,

c. In the Central Office – by the Service Head/OIC or

the senior lawyer designated by the former.
4. Conduct administrative
investigations against erring
Public Attorney/s or
employee/s.

Recommend, to the Honorable

Chief Public Attorney and
DCPAs, administrative
sanctions after the conduct of
a formal investigation.
There are two (2) ways to
initiate an administrative
investigation:
 Under Section 10, Rule 3 of the 2017
Rules on Administrative Cases in the Civil
Service (RACCS) :

Section 10. Who May Initiate. –

Administrative proceedings may be initiated
by the disciplining authority motu proprio or
upon complaint of any other person.

(Indorsements from CCB-CSC, hotline

8888, DOJAC, Ombudsman, Office of the
President and other agencies)
 PRELIMINARY INVESTIGATION

Outline of the Procedure:

1. Memorandum to explain – within 72 hrs. from

notice (mandatory)
2. Letter-Reply (to the sender) – within 5 days from
notice (optional)
3. Memorandum-Rejoinder (to the lawyer/employee)
– within 5 days from notice (optional)
4. Letter-Rejoinder (to the sender) – within 5 days
from notice (optional)
5. Submitted for resolution.
 Failure to comply with the
Memorandum to Explain shall
warrant another investigation
for Insubordination.
LACK OF INTEREST on the part of
the letter-sender to pursue with the
complaint; and

WITHDRAWAL of the complaint

---will NOT necessarily result in the

dismissal of the complaint or
termination of the administrative
investigation.
Complainant's lack of interest in pursuing the
case will not exonerate the employee-
complained-of from any administrative action.
It will not divest [the PAO] of jurisdiction to
determine the truth behind the complaint, as
the need to maintain the faith and confidence
of the people in the government and its
agencies and instrumentalities should not be
made to depend on the whims and caprices of
the complainants who are, in a real sense, only
witnesses therein.

(Peña v. Regalado, AM No. P10-2772, February

16, 2010, citing Bunagan v. Ferraren, A.M. No.
P-06-2173, January 28, 2008, 542 SCRA 355,
362).
ADMINISTRATIVE CASES ARE
IMPRESCRIPTIBLE
[W]ell-entrenched is the rule that administrative
offenses do not prescribe [Concerned Taxpayer v.
Doblada, Jr., A.M. No. P-99-1342, September 20, 2005,
470 SCRA 218; Melchor v. Gironella, G.R. No. 151138,
February 16, 2005, 451 SCRA 476; Heck v. Judge Santos,
467 Phil. 798, 824 (2004); Floria v. Sunga, 420 Phil. 637,
648-649 (2001)]. Administrative offenses by their very
nature pertain to the character of public officers and
employees. In disciplining public officers and employees,
the object sought is not the punishment of the officer or
employee but the improvement of the public service and
the preservation of the publics faith and confidence in
our government [Melchor v. Gironella, G.R. No. 151138,
February 16, 2005, 451 SCRA 476, 481; Remolona v. Civil
Service Commission, 414 Phil. 590, 601 (2001)].
CESSATION FROM OFFICE, SUCH AS
TRANSFER, RESIGNATION,
RETIREMENT DOES NOT WARRANT
THE DISMISSAL OF THE
ADMINISTRATIVE COMPLAINT
Cessation from office of respondent by resignation or retirement
neither warrants the dismissal of the administrative complaint filed
against him while he was still in the service nor does it render said
administrative case moot and academic. The jurisdiction that was
this Courts at the time of the filing of the administrative complaint
was not lost by the mere fact that the respondent public official had
ceased in office during the pendencyof his case. Respondents
resignation does not preclude the finding of any administrative
liability to which he shall still be answerable. ( Office of the Court
Administrator vs. Juan, A.M. No. P-03-1726, 22 July 2004.)

[R]espondent's failure to report for work, which eventually caused

him to be declared in AWOL, and his resignation during the
pendency of the investigation against him did not render this
administrative case moot and academic, especially so that he is
being charged with an offense punishable by dismissal from service.
(Maura Judaya and Ana Arevalo vs. Ramiro F. Balbona, A.M. No. P-
06-2279 , June 6, 2017)
 AFTER PRELIMINARY INVESTIGATION

IF A PRIMA FACIE CASE is established –

submit Report and Recommendation for the
issuance of Formal Administrative Charge,
and Designation of Hearing Officer,
Prosecutor, and Stenographer to the Chief
Public Attorney.

PRIMA FACIE CASE is absent – complaint is

dismissed (Sec. 19, Rule 4, RRACCS)
“Prima facie case is such as will
suffice until contradicted and
overcome by other evidence.” (Pacific
Telephone & Telegraph Co. v.
Wallace, 158 Or. 210,75 P. 2d 942,947,
as cited in Republic v.
Sandiganbayan, GR No. 112708-09, 29
March 1996)
FORMAL ADMINISTRATIVE CHARGE
(FAC)

Procedure:

1.File Answer – within 3 days from notice;

2.Pre-Hearing Conference
3.Respondent elects either trial or
submission of position papers
4.Submission Formal Report of Investigation
by Designated Hearing Officer
 “PRIVILEGE OF CONFIDENTIALITY"
OF THE PROCEEDINGS

Report and Recommendation for the issuance of FAC

Formal Report of Investigation

Designating the Hearing Officer, Office Prosecutor, and

Stenographer

 shall be confidential and shall be for the exclusive use of

the CPA, DCPAs and the LRS, and shall be attached to the
records of the case
 TERMINATION OF THE
FORMAL INVESTIGATION

FORMAL REPORT OF INVESTIGATION

-within 15 days after the conclusion of the
investigation

-HEARING OFFICER can only

RECOMMEND, but not impose penalties
in administrative cases
 DECISION

Disciplining authority will decide within 30 days from

receipt of report

A. Penalties:
 suspension or fine not exceeding 30 days or 30 days
salary – final and executory

 exceeding 30 days, or exceeding 30 days salary -

final and executory ONLY after the lapse of the
Reglementary period for filing an MR or an appeal;
or failure to file such pleadings
 MOTION FOR RECONSIDERATION

Within 15 days from receipt of the decision

Any of the following GROUNDS:

1. New evidence has been discovered which materially

affects the decision rendered; or

2. The decision is not supported by the evidence on

record; or

3. Errors of law or irregularities have been committed

prejudicial to the interest of the movant
MR is denied: file an APPEAL to
the CSC –within 15 days from receipt
of the resolution denying the MR

Appeal is denied: file an MR within

15 days from receipt of the
resolution/order denying the appeal.

MR is still denied: file a Petition for

Review before the Court of Appeals
under Rule 43, of the Rules of Court.
From the start to the end of
the proceeding…

DUE PROCESS

is strictly observed 
Common
Offenses:
1. TARDINESS/UNDERTIME - Any
employee shall be considered
habitually tardy if he/she incurs
tardiness, regardless of the number of
minutes, ten (10) times a month for at
least two (2) months in a semester or
at least two (2) consecutive months
during the year. (CSC MC No. 23,
series of 1998)
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

b. CSC Resolution no. 10-1358. Policy on HALF-DAY

absence
Failure to attend the Monday Morning
FLAG CEREMONY - "Republic Act No.
8491, otherwise known as the “Flag and
Heraldic Code of the Philippines”
requires all government offices and
educational institutions to observe the
flag-raising ceremony every Monday
morning and the flag-lowering
ceremony every Friday afternoon.”
 INTERNAL POLICY:

Memorandum dated 8 March 2007,

as amended by Memorandum
dated 13 November 2008.
Flag Ceremony shall start at
8:00 a.m. Tardy time starts at
8:01 a.m.

Attendance shall be
monitored by the Admin
Service.
This applies to those who punched-in before
the ceremony but did not attend it.

Those with scheduled court hearing / NLRC

duty / seminar / etc. shall first punch-in at the
Central Office.
RESOLUTION dated 29 June 2015

– absent / tardy for at least three (3)

times a month

- regardless of the number of minutes

DOJ DEPARTMENT CIRCULAR 047,
S.2016

“HABITUAL ABSENCE” is defined as follows:

• Missing the flag ceremony for three (3)

consecutive times without justifiable reason;
or

• Missing an accumulated total of six (6) flag

ceremonies for three (3) consecutive months
without justifiable reason
2. VIOLATION OF OFFICE
UNIFORM RULE: violation of
PAO Memorandum Circular
No. 005, Series of 2012; and the
Amended Dress Code for PAO
Female Employees (MC No.
002, Series of 2015)
3. FAILURE TO FORWARD
CASE RECORDS/ DECISIONS/
RESOLUTIONS/ ORDERS/
ETC. to the Special and
Appealed Cases Unit (SACS)
and/or Regional Special and
Appealed Cases Unit (RSACU)
ARTICLE 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 court's 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
latter's receipt thereof, before the expiration of the period.
ARTICLE 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.
4. REFUSAL TO RENDER / FAILURE
TO RENDER PROPER LEGAL
ASSISTANCE – improperly
denying/disqualifying the client from
free legal assistance / the failure to do
something which should be done in
behalf of the client
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.” 
ARTICLE 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 by 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.
5. REPRESENTATION OF NON-
INDIGENT CLIENT:

• If residing in Metro Manila, Net

Income does not exceed
P14,000.00/month;
• If residing in other cities, Net Income
does not exceed P13,000/month;
• If residing in all other places, Net
Income does not exceed P12,000.00
“NET INCOME” = Income – less statutory
deductions.

“Statutory deductions” withholding taxes,

GSIS, SSS, Pag-ibig, Health Insurance and
Philhealth premiums as well as mandatory
deductions

Deductions from loans shall NOT form part of

the net income.
It is NOT the duty of the LRS to
approve/disqualify/exempt your clients from
the requirements to avail of free legal
service from the PAO.

IT IS YOUR DUTY TO ASSESS THE

QUALIFICATIONS OF THE CLIENT.

In case of doubt, always consult the

following, first:
•RA 9406
•PAO Operations Manual
•PAO Code of Conduct
•PAO website – http://www.pao.gov.ph/
•Superior (OIC, DPA, and/or RPA)
6. SOLICITING/ACCEPTING GIFTS -
“Section 7 (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.” (R.A No. 6713)
Section 3 (d). Definition of Terms. - (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.
 REMEMBER

It is not necessary for a gift to be

“expressly” accepted, as it can be
done not in a forthright manner,
which means it can be accepted
impliedly or indirectly.
7. CONDUCT PREJUDICIAL TO THE
BEST INTEREST OF THE SERVICE:

EXAMPLE:

• Violation of the Anti-drunk Driving Law

(R.A No. 10586
• Using social networking sites during
office hour (facebook, twitter,
Instagram, etc.)
• Fighting with a colleague/client inside
or near the premises of the office
“[N]eed not be related to or connected with the
public officer’s official functions. As long as the
questioned conduct tarnishes the image and
integrity of his/her public office, the
corresponding penalty may be meted on the
erring public officer or employee. Under the
Civil Service law and rules, there is no concrete
description of what specific acts constitute the
grave offense of Conduct Prejudicial to the Best
Interest of the Service.”

(GSIS v. Mayordomo G.R. No. 191218, May 31,

2011)
Neglect of Duty Under the Doctrine of
"COMMAND RESPONSIBILITY"

Any supervisor or head shall be held

accountable for "Neglect of Duty" under the
doctrine of "command responsibility" if
he/she has knowledge that a crime or offense
shall be committed, is being committed, or
has been committed by his/her subordinates,
or by others within his/her area of
responsibility and, despite such knowledge,
he/she did not take preventive or corrective
action either before, during, or immediately
after its commission. (E.O 226, 17 February
1995)
YEAR DISMISSED DFR FINED REPRIMANDED SUSPENDED ADVISED ADMONISHED

2011 - - 2 - - - -
2012 - - 3 2 - 1 -
2013 - - - 2 - - -
2014 4 - 5 1 - - -
2015 - 1 5 5 1 (2counts) ; 1 1 -
2016 3 - 5* 3 1 1 _
2017 - - 5 6 - - 1

2018 - - - 2 - - -
2019 - - - - - - 6

2020 - - - - - - 2

TOTAL 11 4 38 46 8 3 10