THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
SECOND REGULAR SESSION 
) 
"; j-@L Dl ;; :i :; 
P 
Introduced by Sen. Juan Ponce Enrile 
EXP LAN AT0 RY NOTE 
The Bill of Rights of the 1987 Constitution (Article ill) embodies fundamental 
principles that, aemong others, serve to uphold and protect the rights of a person 
within the justice system of our country. Among these are the principles of equal 
protection of the laws [Sec. I], 
free access to the courts and quasi-judicial bodies 
and adequate legal assistance [Sec. 111, right to a counsel [Sec. 121, due process 
of law [Sec. 14(1) and (2)], and speedy disposition of cases [Sec. 161. 
These guarantees presuppose that the State affords each and every citizen 
the means by which he can claim these rights and make them operative. But in 
order for him to claim these rights, almost always, a legal proceeding is required. 
Therefore, one cannot overemphasize the constitutional requirement that adequate 
legal assistance be given to all, most especially the indigents or the marginalized. 
The present Public Attorney's Office (PAO) is under the Department of 
Justice (DOJ) which is the legal counsel and prosecution arm of the government. 
PA0 on the other hand, functions more on the defense side. The Secretary of 
Justice is thus forced to exercise dual functions that often result in the detriment of 
the defense. The Secretary of Justice cannot wear two hats at the same time. With 
this kind of set-up, due process can never be genuinely served for as long as the 
prosecution and the defense are housed in the same department, reporting to the 
same superior. 
To avoid suspicion of collusion between the National Prosecution Service 
and the PAO, the latter should be allowed to take an independent legal position 
against any party upholding its clients' rights. It should be allowed to develop as an 
independent legal institution within the government because its ultimate aim is to 
give justice to the poor and the marginalized. By representing poor litigants, public 
service is rendered, justice is equally dispensed, their rights are protected and in 
terms of representation, party litigants are placed on equal footing. 
I 
This bill thus assumes the designation of the Public Attorney's Office as an 
attached agency of the Department of Justice and further vesting it with 
independence and autonomy in the exercise of its functions. With the policy thrusts 
of the present administration to alleviate the plight of the less fortunate and 
impoverished, the task Qf addressing the legal and administrative inadequacies 
besetting the PA0 requires immediate attention. 
An examination of the resources which the State provides for their defense 
shows that such is pitiful and extremely inadequate for the purpose. Based on the 
accomplishment report of PA0 for the period of January 2003 to June 30, 2004, 
they handled more than 8 million cases for which they spent only P872 million, or an 
average of P108.92 per case/client. 


By establishing PA0 as an independent, autonomous office attached to the 
Department of Justice, it would mean greater flexibility in the performance of its 
avowed legal mandate: to give life and meaning to the principles of justice, right to 
due process, and equal protection and access to law. 
In view of the foregoing, the passage of this bill is urgently requested. 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
5 WBf+ !>2:L.- 
P 
SECOND REGULAR SESSION 
) 
Senat2 1 7 2 
S. B. No. 
Introduced by Sen. Juan Ponce Enrile 
AN ACT 
REORGANIZING AND STRENGTHENING THE PUBLIC ATTORNEY’S 
OFFICE (PAO), AMENDING PERTINENT PROVISIONS OF THE 
ADMINISTRATIVE CODE OF 1987, AS AMENDED, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Represenfatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 14, Chapter 5, Title 111, Book IV of Executive Order No. 
292, otherwise known as The Administrative Code of 1987, is hereby 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 PUBLIC ATTORNEY’S OFFICE SHALL BE AN 
INDEPENDENT AND AUTONOMOUS OFFICE ATTACHED TO THE 
DEPARTMENT OF JUSTICE IN ACCORDANCE WITH SEC. 38(3) i, 
CHAPTER 7 OF BOOK 4 OF THIS CODE. 
THE PA0 SHALL BE THE PRINCIPAL LAW OFFICE OF THE 
GOVERNMENT IN EXTENDING FREE LEGAL ASSISTANCE TO 
INDIGENT PERSONS IN ADMINISTRATIVE, LABOR, CIVIL AND 
CRIMINAL CASES.” 
SEC. 2. A new section 15 is hereby introduced and inserted to read as 
follows: 
“SEC. 
15. POWERS AND FUNCTIONS. - IT SHALL 
INDEPENDENTLY DISCHARGE ITS MANDATE TO RENDER, 
FREE OF CHARGE, LEGAL REPRESENTATION, ASSISTANCE, 
AND 
COUNSELING 
TO 
INDIGENT 
PERSONS 
IN 
ADMINISTRATIVE, LABOR, CIVIL, AND CRIMINAL CASES AFTER 
IT IS DETERMINED THAT THE INTEREST OF JUSTICE WILL BE 
SERVED THEREBY. 
IN THE EXIGENCY OF THE SERVICE, THE PA0 MAY BE 
CALLED UPON BY PROPER AUTHORITIES TO RENDER SUCH 
SERVICES TO OTHER PERSONS, SUBJECT TO EXISTING LAWS, 
RULES, AND REGULATIONS.” 


2 
SEC. 3. Section 15, Chapter 5, Title 111, Book IV of E.O. No. 292 is hereby amended 
to read as follows: 
"SEC. [I51 16. 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; 
(2) [Five (5)] 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; and, 
(3) Regional [and], Provincial[/], CITY, AND MUNICIPAL District 
Offices". 
SEC. 4. 
Section 16, Chapter 5, Title 111, Book IV of E.O. No. 292 is hereby 
amended to read as follows: 
"SEC. [I61 17. 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 PUBLIC ATTORNEY'S OFFICE AND FOR THE 
DISCHARGE OF ITS POWERS AND FUNCTIONS SHALL BE 
VESTED IN THE CHIEF PUBLIC ATTORNEY, WHO SHALL HAVE 
FULL SUPERVISION AND CONTROL OF THE OFFICE. 
[The Chief Public Attorney, Deputy Chief Public Attorneys, 
Regional Public Attorneys and Assistant Regional Public Attorneys 
shall be appointed by the President upon the recommendation of the 
Secretary.] 
THE OFFICE OF THE CHIEF PUBLIC ATTORNEY SHALL 
INCLUDE HIS 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 PRESIDING JUSTICE OF THE COURT OF APPEALS. THE 
DEPUTY CHIEF PUBLIC ATTORNEYS SHALL HAVE THE SAME 
QUALIFICATIONS 
FOR APPOINTMENT, 
RANK, 
SALARIES, 
ALLOWANCES, AND RETIREMENT PRIVILEGES AS THOSE OF 
THE ASSOCIATE JUSTICE OF THE COURT OF APPEALS. 
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 AN ASSISTANT 
REGIONAL PUBLIC ATTORNEY HEREIN PROVIDED. 
EACH OF THE PA0 REGIONAL OFFICES SHALL BE 
HEADED 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, 
CITY, AND/OR 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 TRIAL COURT JUDGE, PROVIDED THAT THE 
SALARY GRADE LEVELS SHALL BE WITHIN THE RANGE OF 
STEPS FIVE (5) TO EIGHT (8) FOR THE REGIONAL PUBLIC 
ATTORNEY AND STEPS ONE (1) TO FOUR (4) FOR THE 
ASSISTANT REGIONAL PUBLIC ATTORNEY. 
THE 
PROVINCIAL 
PUBLIC 
ATTORNEY 
[PUBLIC 
THE SAME QUALIFICATIONS FOR APPOINTMENT, 
RANK, 
SALARIES, ALLOWANCES AND RETIREMENT PRIVILEGES AS 
THOSE OF A METROPOLITAN TRIAL COURT JUDGE. 
ATTORNEY Ill-A] AND CITY PUBLIC ATTORNEY SHALL HAVE 
THE 
CITY 
DISTRICT 
PUBLIC 
ATTORNEY 
(PUBLIC 
FOR APPOINTMENT, RANK, SALARIES AND ALLOWANCES, 
AND RETIREMENT PRIVILEGES AS THOSE OF A MUNICIPAL 
TRIAL COURT JUDGE IN CITIES. 
ATTORNEY Ill-B) SHALL HAVE THE SAME QUALIFICATIONS 
THE MUNICIPAL DISTRICT PUBLIC ATTORNEY (PUBLIC 
FOR APPOINTMENT, RANK, SALARIES, EMOLUMENTS, AND 
RETIREMENT PRIVILEGES AS THOSE OF A MUNICIPAL TRIAL 
COURT JUDGE. 
ATTORNEY Ill-C) SHALL HAVE THE SAME QUALIFICATIONS 
THE OTHER ADMINISTRATIVE PERSONNEL IN THE PA0 
SHALL HAVE THE RANK AND SALARIES EQUIVALENT TO ONE 
(1) SALARY GRADE HIGHER THAN THEIR PRESENT POSITION.” 
SEC. 5. A new section is hereby introduced to read as follows: 
“SEC. 
18. Awo/mwvr. - 
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, AND THE CITY PUBLIC 
ATTORNEYS SHALL PREFERABLY HAVE SERVED AS PUBLIC 
ATTORNEYS FOR AT LEAST FIVE (5) YEARS IMMEDIATELY 
PRIOR 
TO 
THEIR 
APPOINTMENT 
AS 
SUCH. 
THE 
ADMINISTRATIVE PERSONNEL AND OTHER LAWYERS IN THE 
PUBLIC ATTORNEY’S OFFICE SHALL BE APPOINTED BY THE 


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CHIEF PUBLIC ATTORNEY, IN ACCORDANCE WITH CIVIL 
SERVICE LAWS, RULES, AND REGULATIONS.” 
SEC. 6. A new section is hereby introduced to read as follows: 
“SEC. 19. ACTING CHIEF PUBLIC ATTORNEY - IN CASE 
OF 
DEATH, 
PERMANENT 
INCAPACITY, 
REMOVAL, 
OR 
RESIGNATION OF THE INCUMBENT CHIEF PUBLIC ATTORNEY, 
OR VACANCY THEREOF, THE PRESIDENT SHALL APPOINT A 
NEW CHIEF PUBLIC ATTORNEY OR SHALL DESIGNATE AN 
ACTING CHIEF PUBLIC ATTORNEY UNTIL A NEW CHIEF PUBLIC 
ATTORNEY SHALL HAVE BEEN APPOINTED. 
IN CASE OF 
TEMPORARY ABSENCE OF THE CHIEF PUBLIC ATTORNEY, THE 
LATTER MAY DESIGNATE AN OFFICER IN CHARGE TO BE THE 
CARETAKER OF THE OFFICE.” 
SEC. 7 A new section is hereby introduced to read as follows: 
“SEC. 20. INCUMBENT OFHCIALS AND PERSONNEL - 
THE INCUMBENT OFFICIALS AND PERSONNEL OF THE PUBLIC 
ATTORNEY’S OFFICE SHALL REMAIN IN OFFICE WITHOUT THE 
NEED OF NEW APPOINTMENT.” 
SEC. 8 A new section is hereby introduced to read as follows: 
“SEC. 21. EX€MPT/ON FROM FEES AND COSTS OF THE 
SHALL BE EXEMPT FROM PAYMENT OF DOCKET AND OTHER 
FEES INCIDENTAL TO INSTITUTING AN ACTION IN COURT, AS 
AN ORIGINAL PROCEEDING OR ON APPEAL. THE COSTS OF 
THE SUIT DUE THE CLIENT OF THE PUBLIC ATTORNEY’S 
OFFICE AFTER A SUCCESSFUL LITIGATION SHALL ACCRUE TO 
THE NATIONAL GOVERNMENT.” 
SUIT. - THE CLIENTS OF THE PUBLIC ATTORNEY’S OFFICE 
SEC. 9 A new section is hereby introduced to read as follows: 
“SEC. 22. 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 PUBLIC 
ATTORNEY’S OFFICE.” 
SEC. I O .  A new section is hereby introduced to read as follows: 
“SEC. 23 
FRANKING PRIVILEGE. - 
THE PUBLIC 
ATTORNEY’S OFFICE 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. 
THE ENVELOPE OR WRAPPER OF THE PRIVILEGED MAIL 
LETTER 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 


5 
UNAUTHORIZED USE TO AVOID PAYMENT OF POSTAGE IS 
PENALIZED BY FINE OR IMPRISONMENT OR BOTH.” 
SEC. 1 I. A new section is hereby introduced to read as follows: 
“SEC. 24. CREATION OF ADDITIONAL ITEMS.- UPON THE 
EFFECTIVITY OF THIS ACT, ADDITIONAL ITEMS FOR PUBLIC 
ATTORNEYS AND SUPPORT STAFF PERSONNEL SHALL BE 
CREATED AS MAY BE DEEMED NECESSARY. WHENEVER 
THERE IS AN INCREASE IN THE NUMBER OF COURT SALAS, 
THERE SHALL BE A CORRESPONDING INCREASE IN THE 
NUMBER OF PUBLIC ATTORNEYS’ POSITION AT THE RATIO 
OF ONE (I) PUBLIC ATTORNEY TO A SALA., SUBJECT TO 
AVAILABILITY OF FUNDS.” 
SEC. 12. The succeeding provisions and sections of Executive Order 292 are 
hereby renumbered accordingly. 
SEC. 13. Sections 41 and 42, Chapter 10, Book 1 of the same Code, as amended, 
is hereby further amended to read as follows: 
“SEC. 41. Officers Authorized to Administer Oaths. - The 
following officers have general authority to administer oaths: 
President; Vice-president, Members and Secretaries of both Houses 
of the Congress; Members of the Judiciary; Secretaries of 
Departments; provincial governors and lieutenant-governors; city 
mayors; municipal mayors; bureau directors; regional directors; clerk 
of courts; registrars of deeds; other civilian officers in the public 
service of the government of the Philippines whose appointments are 
vested in the President and are subject to confirmation by the 
Commission on Appointments; all other constitutional officers; 
PUBLIC ATTORNEY’S OFFICE 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. 14. 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 Public Attorney’s Office. Thereafter, such sums as may be necessary 
for the continued implementation of this act shall be included in the Annual General 
Appropriations Act. 
SEC. & 15. lmplementing Rules and Regulations. - Within ninety (90) days from 
SEC. & 16,. Repealing Clause. - All laws, executive orders, presidential decrees, 
approval hereof, the Department of Budget and Management and the Public 
Attorney’s Office shall adopt and issue the rules and regulations for the effective 
implementation of this Act. 
presidential proclamations, letters of implementation, rules and regulations or parts 


6 
thereof inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SEC. 11,. 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.1B. Effectivity. -This Act shall take effect upon its approval fifteen (15) days 
following its publication in the Official Gazette or in two (2) newspaper of general 
circulation in the Philippines. 
& 
& 
Approved,