RA 9406: Public Attorneys Appointment Act

8/8/2019 RA 9406: Public Attorneys Appointment Act

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H No 5921S. No. 2171

, z NWI' TO nE TAKFXOUT OF THE

LEG. BILLS & INDEX SVO.

Begun and held in letro Manila, on Monday, the twenty-fourday of July , two thousand six.

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[ REPUBLIC ACT NO. 9406 ]AN ACT REORGANIZING AND STRENGTHENING THEPUBLIC ATTORmyS OFFICE (PAO), AMENDING FOR

THE PURPOSE PERTINENT PROVISIONS O FEXECUTIVE ORDER NO. 292, OTHERWISE KNOWNASTHE "ADMINISTRATIVE CODE OF 1987" , ASAMENDED, GRANTING SPECIAL ALLOWANCE TOPA0 OFFICIALS AND LAWYERS, AND PROVIDINGFUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:SECTION. Section 4, Chapter 1, Title 111, Book IV ofExecutive Order No.292,otherwise known as the "Administrative

Code of 1987,as amended, is hereby further amended t o read asfollows:

"SEC. 4. Organizational S t r u t w e . - TheDepartment shallconsist of the following constituentunits:


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(1) Department Proper;(2) Office of the Government CorporateCounsel:(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(IO) Commission on the Settlement of Land

Problems."SEC. 2. ch 14,Chapter 5,Title 111,Book IVof the sameCode, asam&*Tid;i'Ereby further amended to read a s follows:

"SEC. 14. ublic Attorney's Office(PAO).-TheCitizen's LegalAssistance Office (CLAO)is renamedPublicAttorney's OfficePAO). It shallexercise thepowers and functions as are now provided by law forthe Citizen'sLegalAssistance Officeor may hereafterbe provided bylaw.

"The PA 0 shall be an independent andautonomous office, but attached to the Departmentof Justice in accordance with Section 38(3), Chapter7 of Book IV of this Code for purposes of policy andprogram coordination.

"The PA0 shall be the principal law office ofthe Government in extending free legal assistance toindigent persons in criminal, civil, labor,administrative and other quasi-judicial cases."

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SEC.3 . A new Section 14-Ais hereby inserted in Chapter5,Title 111,Book IVofExecutive Order No. 292,otherwise knownas the "Administrative Code of 1987", t o read as follows:tqSEC.' 4-A.Powersand Functions. -The PA0

shall independently discharge its mandate to render,free of charge, legal representation, assistance, andcounselling t o indigent persons in criminal, civil,labor, administrative and other quasi-judicial cases.In the exigency of the service, the PA0 may be calledupon by proper government authorities t o rendersuch serv ice t o other persons, subject t o existing laws,rules and regulations."SEC.4. Section 15,Chapter 5 ,Title 111,Rook NofExecutive

Order No. 292, as amended, is hereby further amended to readas follows:

"SEC. 15. Organizational Structure. - ThePA0 shall consist of the following constituent units:"(1)Office of the Chief Public Attorney and

two ( 2 )Deputy Chief Public Attorneys t o serve as a'Deputy Chief Public Attorney for Administration' andplaced in charge of th re e divisions, namely:Adminis t ra t ive; Financial Planning andManagement; and Executive Division, while the othert o serve as 'Deputy Chief Public Attorney forOperations' and shall be responsible for special andappealed cases; legal research; and field services andstatistics upon the designation by the Chief PublicAttorney. One of the deputies shall be designated asDeputy Chief Public Attorney forLuzon and the otherDeputy Chief Public Attorney for Visayas andMindanao.

"(2)Six (6) line divisions in the Central Office,namely: Administrative; Financial Planning andManagement: Special and Appealed Cases; LegalResearch and Statistics; Field Services and Statistics;and Executive Divisions.


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"(3)Regional, Provincial, City and MunicipalDistrict Offices."SEc. 5. Section16,Chapter 5, Title111,Book NofExecutiveOrder No. 292, s amended, is hereby further amended to read

as follows:"SEC. 6. The ChiefPublicAttorney and OtherP A 0 Officials. -The PA0 shall be headed by a Chief

Public Attorney and shall be assisted by tw o (2)Deputy Chief Public Attorneys. Each PA0 RegionalOffice establishedineach of the administrative regionsof the country shall be headed by a Regional PublicAttorney who shall be assisted by an AssistantRegional Public Attorney. The author ity andresponsibility for the exercise of the mandate of thePA0 and for the dischargeditspowers and functionsshall be vested in the Chief Public Attorney.

"The Office of the Chief Public Attorney shallinclude hidher immediate staff, the six (6) linedivisions in the Central Office, the Deputy ChiefPublic Attorneys and the Regional, Provincial, Cityand Municipal District Offices.

"The Chief Public Attorney shall have the samequalifications for appointment, rank, salaries,allowances, and retirement privileges as those of theChief State Prosecutor of the National ProsecutionService. The Deputy Chief Public Attorneys shallhave the same qualifications for appointment, rank,salaries, allowances, and retirement privileges asthose of the Assistant Chief Sta te Prosecutor of theNational Prosecution Service.

"The services herein created shall each beheaded by a staff director who shall have the samequalifications for appointment, rank, salaries,allowances and privileges as those of staff director ofthe National Prosecution Service.

"Each of the PA0 Regional Offices shall beheaded by a Regional Public Attorney who shall be


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assisted by an Assistant Regional Public Attorney.The regional offices shall have such provincial, cityand municipal district offices as may be necessary.

"The Regional Public 'Attorney and theAssistant Regional Public Attorney shall have thesame qualifications for appointment, rank, salaries,allowances, and retirement privileges as those of aRegional State Prosecutor and the Assistant RegionalState Prosecutor of the National Prosecution Service,respectively

"The Provincial Public Attorney, City PublicAttorney and the Municipal District Public Attorneyshall have the same qualifications for appointment,rank, salaries, allowances and retirement privilegesas those of a Provincial Prosecutor and CityProsecutor as the case may he, of the NationalProsecution Service, respectively.

"The other administrative personnel in thePA0 shall have the rank and salaries equivalent totheir counterpart in the National ProsecutionService."SEC. 6. New sections are hereby inserted in Chapter 5 ,Title

111,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 shallbe appointed by the President. The Deputy ChiefPublic Attorneys and Regional Public Attorneys shallbe appointed by the President upon therecommendation of the Chief Public Attorney. TheChief Public Attorney, Deputy Chief Public Attorneysand Regional Public Attorneys shall not be removedo r suspended, except for cause provided by law:Prouided,That the Deputy Chief Public Attorneys,the Regional Public Attorneys and the AssistantRegional Public Attorneys, the Provincial PublicAttorneys, the City Public Attorneys, and theMunicipal District Public Attorneys shallpreferably


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years immediately prior to their appointment as such.The administrative andsupport personnel and otherlawyers in the Public Attorney's Office shall beappointed by the Chief Public Attornej , in accordancewith civil service laws, rules and regulations."

"SEC. 6-B. Vacancy o f O f f ice .- In case ofdeath, permanent incapacity, removal or resignationof the incumbent Chief Public Attorney, Deputy ChiefPublic Attorneys or Regional Public Attorneys orvacancy thereof, the President shall appoint a newChief, Deputy Chief or Regional Public Attorney orshall designate one,as the case may be, in an actingcapacity until a new one shall have been appointed.

"In case of temporary absence of the ChiefPublic Attorney, the latter may designate an Officer-in-Charge to be a caretaker of the Office."

"SEC. 1 6 4 . I n c u m b e n t O f f i c ia l s a n dPersonnel. -The incumbent officials and personnelof the Public Attorney's Office shall continue holdinghisher position without the need of new appointment."

"SEC. 16-D. Exemption f r o m Fees and Costso f the S u i t . -The clients of the PA0 shall be exemptfrom payment of docket and other fees incidental toinstituting a n action in courtand other quasi-judicialbodies, a s an original proceeding or on appeal.

"The costs of the suit , attorney's fees andcontingent fees imposed upon the adversary of thePA0 clients after a successful litigation shall bedeposited in the National Treasury as trust fund andshallbe disbursed for special allowances of authorizedofficials and lawyers of the PAO."

"SEC. 16-E. Local Government Suppor t . -Local government units, subject to their capabilities,are authorized to extend financial and other supportin the form of honoraria, free office space, equipment,furniture, stationery, and manpower to the PAO."


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"SEC.16-F. Franking Privilege. - The PA0may transmit through ordinary mail andlorregistered mail wi t h re turn card, free of charge, allofficial communications and papers directly connectedwi th the conduct of its duties, functions and/or itsexercise of administrative supervision over itspersonnel.

"The envelope or wrapper of the privileged mailmatter shall bear on the left upper corner 'PublicAttorney's Office' together wi t h its address and onth e rig ht upper corner, th e word 'Private orunauthorized use t o avoid payment of postage ispenalized by fine or imprisonment or both.' "SEC. I.Ra tio ofPublicAttorney'sPo sition to an OrganizedSala. -There shall be a corresponding number of public attorney's

positions at the ratio of one public attorney t o an organized salaand the corresponding administrative and support staff thereto.

SEC. . Sections 41 and 42, Chapter 10,Book I of the samecode,as amended, is hereby further amended to read as follows:

"SEC. 41. Officers Authorized to Adm inisterOaths.-The following officers have general authorityt o administer oaths: President; Vice President,Members and Secretaries of both Houses of Congress;Members of the Judiciary; Secretaries ofDepartments; provincial governors and lieutenant-governors; city mayors; municipal mayors; bureaudirectors; regiona l directors; clerks of court;registrars of deeds; other civilian officersin the publicservice of the government of the Philippines whoseappointments are vested in the President and aresubject to confirmation by the Commission onAppointments; all other constitutional officers; PA0lawyers in connection with the performance of duty;and notaries public."

"SEC. 42 Duty t o A d m i n i s t e r O a t h s . -Officers authorized to administer oaths, with theexception of notaries public, municipal judges and


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clerks of court, are not obliged to administer oaths orexecute certificates save in matters of official businessor in relation to their functions as such: and withthe.exceptionof notaries public, the officer performingthe service in those matters shall charge no fee, unlessspecifically authorized bylaw."SEC. 9. Grant of Special Allowances. - The Chief PublicAttorney, the Deputy Chief Public Attorneys, the Regional Public

Attorneys, the Provincial, City and Municipal District PublicAttorneys, other PA0 lawyers and officials who have directsupervision over PA0 lawyers shall be granted special allowancesin amounts to be determined by the Secretary of the Departmentof Budget and Management (DBM) and the Chief Public Attorney.

The grant of said special allowances shall not exceed onehundred percent (100%)of the basic salary of the PA0 officialsand lawyers as provided in the immediately preceding paragraph.

SEC. 10. Effects of Subsequent Salary Increases. -Uponimplementation of any subsequent increases in the salary ratesprovided under Republic Act No. 6758, as amended, all specialallowances granted under Section9 hereof shall be considered asan implementation of the said salary increasesas may be providedby law. The special allowance equivalent to the increase in thebasic salary as may be provided by law shall be converted as partof the basic salary.

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SEC. 11. Appropriations. -The amount necessary for theinitial implementation of this Act shall be charged against thecurrent fiscal year's appropriations under the budget of the PAO.Thereafter, such sums as may be necessary for the continuedimplementation of thisAct shallbe included in theannualGeneralAppropriations Act.

SEC. 12. Implementing Rules and Regulations. -Withinninety (90) days from the approval of this Act, the DBM and thePA0shalladopt and issue the rules and regulations for the effectiveimplementation of this Act

SEC. 13. Repealing Clause. -All laws, executive orders,presidential decrees, presidential proclamations, letters of


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implementation, rules and regulations or pa rt s thereofinconsistent with the provisions of this Act are hereby repealedor modified accordingly.SEC. 14. Separability Clause. -If any provision of this Actis declared invalid or unconstitutional, the provisions not affected

thereby shall continue to be in full force and effect.SEC. 15. Effectiuity. -This Act shall take effect upon its

approval fifteen (15)days following its publication in the OfficialGazette o r in two newspapers of general circulation in thePhilippines.

ThisAct which is a consolidation of House BillNo. 5921andSenate Bill No. 2171 was finally passed by the House ofRepresentatives and the Senate onFebruary 8,2007.

OBE 0 P. AZARENOS c etary General---ou e fRepresentativesOSCAR . ABESSecretaryof the SenateApproved: MAR 2 3 2007

Documents

RA 9406: Public Attorneys Appointment Act