Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 563

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks to create an independent Public Defenders Unit in all Public Attorney's
District Offices. It shall exclusively be responsible in providing, free of charge. legal
representation, assistance and counselling to indigent persons accused in criminal cases

Lawyers from the Public Attomey's Office (PAO) have been assisting indigent litigants
who are complainants in criminal cases by preparing their complaint-affidavits against the
respondent. In some cases. these respondents are also indigent persons. After the preliminary
investigation. if there is probable cause. the Prosecutor will file the necessary criminal case in
the appropriate court against the respondent who will now become an accused. Then the
complainant shall become the PEOPLE OF THE PIIILIPPINES. The complainant which was
assisted by PAO will simply become a private complainant and witness for the State. The
People. in turn, will be represented in court by the Prosecutor. Unfortunately, the indigent
respondent who now stands as an accused in the criminal case cannot avail of any assistance
from the PAO because he or she will be disqualified by the PAO on the ground of conflict of
interest.

What is the conflict? The conflict is when the PAO assisted the complainant in the
preliminary stage and will therefore be in conflict to that of the complainant's interest. It could
bea violation of legal ethics. To prevent such a situation from obtaining. there is clearly aneed
to create an office that shall have the primary mandate of serving as Defense Counsel for any
accused who cannot afford the services of a competent counsel during trial.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

JAI SNEDI
sentative
Lone District, Muntinlupa City

RECEIVED

WS
~



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 563

Introduced by Rep. Jaime R. Fresnedi

AN ACT
CREATING A PUBLIC DEFENDERS UNIT IN ALL PUBLIC ATTORNEY'S.
DISTRICT OFFICES AND APPROPRIATING FUNDS THEREFOR, AMENDING
FOR THE PURPOSE EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS
“THE ADMINISTRATIVE CODE OF 1987”, AS AMENDED

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 15. Chapter 5, Title III. Book IV of Executive Order No. 292.
otherwise known as the “Administrative Code of 1987,” is hereby amended by inserting a new
section which shall read as follows:

“SECTION 15-A: PUBLIC DEFENDERS UNIT. - THERE SHALL
BE CREATED AN INDEPENDENT PUBLIC DEFENDERS’ UNIT (PDU)
IN ALL PUBLIC ATTORNEY'S DISTRICT OFFICES WHICH SHALL
EXCLUSIVELY BE RESPONSIBLE IN PROVIDING, FREE OF
CHARGE, LEGAL REPRESENTATION, ASSISTANCE AND
COUNSELLING TO INDIGENT PERSONS ACCUSED IN CRIMINAL
CASES. IN CASES WHERE THERE ARE MULTIPLE ACCUSED
WHERE SOME OR ALL OF THEM HAVE NO MEANS TO SECURE
THEIR OWN COUNSEL, THE PDU SHALL STRIVE TO REPRESENT
ALL THOSE QUALIFIED AFTER CONDUCTING MERIT AND
INDIGENCY TESTS. THE OBSERVANCE OF THE FIRST-COME-FIRST-
SERVED RULE SHALL BE DISCOURAGED IN CRIMINAL CASES AND
INSTEAD, PROTOCOLS TO PROTECT AGAINST CONFLICTS OF
INTEREST SHALL BE ESTABLISHED THROUGH RULES AND
REGULATIONS ISSUED BY THE CHIEF PUBLIC ATTORNEY FOR
SUCH PURPOSE.”

SEC. 2. Implementing Rules and Regulations. — The Department of Justice (DOJ), in
cooperation and consultation with relevant agencies and stakeholders, shall promulgate the
rules and regulations for the proper implementation of this Act within ninety (90) days from
the effectivity of this Act.


SEC. 3. Appropriations. ~ The amount necessary for the initial implementation of this
Act shall be charged against the current year’s appropriations of the departments and agencies
concemed. Thereafier, such amount shall be included in the annual General Appropriations
Act.

SEC. 4. Separability Clause. — If any provision of this Act shall be deemed
unconstitutional or invalid, the other provisions not affected there shall remain in force and
effect.

SEC. 5. Repealing Clause. — All Acts, Presidential Decrees, Executive Orders and
Administrative Orders, Rules and Regulations and other such issuances or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,