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THIRTEENTH CONGR 
OF THE REPUBLIC 
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First Regular Session 
OF ‘THE PHlLlPP 
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Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
Our Constitution’s Bill of Rights provides, among others, 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.” 
As part of compliance with the constitutional mandate for legal assistance, 
the Public Attorney’s Office (PAO) was created. 
It is a government agency 
whose main function is to provide free legal assistance to indigent persons in all 
civil, criminal, labor and administrative cases, including representation before the 
public prosecutor’s office. Aside from legal representation, PA0 services include 
counselling, preparation of legal documents, administration of oaths on affidavits 
and pleadings, and mediation of claims and disputes. The PA0 also assigns 
lawyers to police stations to assist persons under investigation and conducts jail 
visits to interview prisoners on their legal problems. 
Due to the lack of personnel and inadequate financial and logistical 
support amidst mounting criminal cases involving poor litigants, the PA0 has 
been unable to properly handle all cases referred to it, leading to delays in court 
proceedings, the clogging of court dockets and the overall slow delivery of 
justice. 
In view of the foregoing, early passage of this bill is earnestly requested. 
Ad 
SERGIO OSMENA 111 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
”04 ,\/i;j 
OF THE PHILIPPINE 
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First Regular Session 
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L F *  j[’ 
S E N A T E  
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Introduced by Senator S. R. Osmeiia 111 
. 
AN ACT 
REORGANIZING AND 
STRENGTHENING THE 
PUBLIC ATTORNEY’S 
OFFICE (PAO), AMENDING FOR THE PURPOSE PERTINENT PROVISIONS 
OF THE ADMINISTRATIVE CODE OF 1987 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 14, Chapter 5, Title Ill, 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 power 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 §HALL BE PLACED UNDER 
THE ADMINISTRATIVE SUPERVISION OF THE DEPARTMENT OF 
J USTlC E. 
“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. 
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“INT THE EXIGENCY OF THE SERVICE, THE PA0 MAY BE 
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CALLED UPON BY PROPER AUTHORITIES TO RENDER SUCH 
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SERVICES TO OTHER PERSONS, SUBJECT TO EXISTING LAWS, 
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RULES AND REGULATIONS.” 
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following constituents units: 
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“(2) [Five (5) line divisions] SIX (6) SERVICES in the Central Office, 
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namely Administrative, [Financial and Management,] PLANNING AND 
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EVALUATION, TECHNICAL AND LEGAL, Special and Appealed Cases, 
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Legal Research and Statistics, and Field SUPPORT Services [Division]; 
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“(3) Regional [and], Provincial[/], CITY AND District Offices” 
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SEC. 3. Section 16, Chapter 5, Title I l l ,  Book IV of E.O. 292 is hereby 
SEC. 2. Section 15, Chapter 5, Title Ill, Book IV of E.O. No. 292 is hereby 
amended to read as follows: 
“SEC. 15. Organizational Structure. - The PA0 shall consist of the 
“(I) 
Office of the Chief Public Attorney, OVERALL DEPUTY CHIEF 
PUBLIC ATTORNEY and [two (2) ONE (1) Deputy Chief Public Attorney[s] 
EACH FOR LUZON, VISAYAS, AN0 MINOANAO; 
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“SEC. 16. The Chief Public Attorney and Other PA0 Officials. - 
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[The PA0 shall be headed by a Chief Public Attorney an shall be assisted 
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by two (2) Deputy Chief Public Attorneys. Each PA0 Regional Office 
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established in each of the administrative regions of the country shall be 
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headed by a Regional Public Attorney who shall be assisted by an 
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Assistant Regional Attorney,] THE AUTHORITY AND RESPONSIBILITY 
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FOR THE 
EXERCISE OF THE MANDATE OF THE 
PUBLIC 
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ATTORNEY’S OFFICE AND FOR THE DISCHARGE OF ITS POWERS 
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AND FUNCTIONS SHALL BE VESTED IN THE CHIEF PUBLIC 
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ATTORNEY, WHO SHALL HAVE SUPERVISION AND CONTROL OF 
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THE OFFICE. 
amended to read as follows: 
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[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 OFFICE OF THE OVERALL 
DEPUTY CHIEF PUBLIC ATTORNEY, THE OFFICE OF THE DEPUTY 
CHIEF PUBLIC ATTORNEY FOR LUZON, THE OFFICE OF THE 
DEPUTY CHIEF PUBLIC ATTORNEY FOR VISAYAS, THE OFFICE OF 
THE DEPUTY CHIEF PUBLIC ATTORNEY FOR MINDANAO, AND THE 
REGIONAL, PROVINCIAL, CITY AND DISTRICT OFFICES. 
“THE CHIEF PUBLIC ATTORNEY, THE OVERALL DEPUTY 
CHIEF PUBLIC ATTORNEY, AND THE DEPUTY CHIEF PUBLIC 
ATTORNEY FOR LUZON SHALL HOLD OFFICE IN METROPOLITAN 
MANILA; THE DEPUTY CHIEF PUBLIC ATTORNEY FOR THE 
VISAYAS, IN CEBU ’CITY; AND THE DEPUTY CHIEF PUBLIC 
ATTORNEY FOR MINDANAO, IN DAVAO CITY. THE CHIEF PUBLIC 
ATTORNEY MAY TRANSFER THEIR STATION§ WITHIN THEIR 
RESPECTIVE GEORGRAPHICAL REGIONS, IF PUBLIC INTEREST SO 
REQUIRES, PROVIDED THAT SUCH TRANSFER SHALL NOT BE 
MORE THAN ONCE EVERY TWO (2) YEARS. 
“THE CHIEF PUBLIC ATTORNEY SHALL HAVE THE SAME 
QUALIFICATION FOR APPOINTMENT, RANK, PREROGATIVE§, AND 
PRIVILEGES AS THOSE OF THE PRESIDING JUSTICE OF THE 
COURT OF APPEALS. THE DEPUTY CHIEF PUBLIC ATTORNEYS 
SHALL HAVE THE SAME QUALIFICATION FOR APPOINTMENT, 
RANK, PREROGATIVES, AND 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 
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QUALl FlCATlON FOR APPOINTMENT, RANK, PREROGATIVES, AND 
PRIVILEGES AS THOSE OF A DEPARTMENT ASSISTANT REGIONAL 
D I RECTOR. 
“EACH OF THE PA0 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/OR DISTRICT 
OFFICES AAS MAY BE NECESSARY. 
“THE REGIONAL PUBLIC ATTORNEY AND THE ASSISTANT 
REGIONAL 
PUBLIC 
ATTORNEY 
SHALL 
HAVE 
THE 
SAME 
Q UALl F I CAT1 0 N FOR APPOINTMENT, RANK, PREROGATIVES, AND 
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 SHALL HAVE THE 
SAME QUALIFICATION FOR APPOINTMENT, RANK, PREROGATIVES, 
AND PRIVILEGES AS THOSE OF A METROPOLITAN TRIAL COURT 
JUDGE. THE CITY AND DISTRICT PUBLIC ATTORNEYS SHALL HAVE 
THE 
SAME 
QUALIFICATION 
FOR 
APPOINTMENT, 
RANK, 
PREROGATIVES, AND PRIVILEGES AS THOSE OF A MUNICIPAL 
TRIAL COURT JUDGE IN CITIES, THE PUBLIC ATTORNEYS II SHALL 
HAVE THE SAME QUALIFICATION FOR APPOINTMENT, RANK, 
PREROGATIVES, AND PRIVILEGES AS THOSE OF A MUNICIPAL 
TRIAL COURT JUDGE.” 
SEC. 4. Chapter 5, Title I l l ,  Book IV of the same Code is hereby further 
amended by adding new sections to be designated as Sections 17 to 21, to read 
as follows and the succeeding sections renumbered accordingly: 
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“SEC. 17. APPOINTMENT. - THE CHIEF PUBLIC ATTORNEY 
AND 
THE 
DEPUTY 
CHIEF 
PUBLIC ATTORNEYS 
SHALL 
BE 
APPOINTED BY THE PRESIDENT UPON THE RECOMMENDATION OF 
THE 
SECRETARY 
OF 
JUSTICE. 
THE 
REGIONAL 
PUBLIC 
ATTORNEYS, 
ASSISTANT 
REGIOANL 
PUBLIC 
ATTORNEYS, 
PROVINCIAL PUBLIC ATTORNEYSl CITY AND DISTRICT PUBLIC 
ATTORNEYSl AND PUBLIC ATTORNEYS II SHALL BE APPOINTED BY 
THE 
PRESIDENT 
UPON 
THE 
RECOMMENDATION 
OF 
THE 
SECRETARY OF JUSTICE AND THE CHIEF PUBLIC ATTORNEY, 
PROVIDED THAT THE DEPUTY CHIEF PUBLIC ATTORNEYS SHALL 
PREFERABLY HAVE SERVED AS PUBLIC ATTORNEYS FOR AT 
LEAST 
FIVE 
(50 
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 CHIEF PUBLIC ATTORNEYl IN ACCORDANCE 
WITH CIVIL SERVICE LAWS, RULES, AND REGULATIONS. THE CHIEF 
PUBLIC ATTORNEY MAY DELEGATE TO HIS DEPUTIES FOR LUZON, 
VISAYAS, AND MINDANAO AND TO THE REGIONAL PUBLIC 
ATTORNEYS THE AUTHORITY TO APPOINT PUBLIC ATTORNEYS 
AND OTHER PERSONNEL IN THEIR RESPECTIVE JURISDICTIONS.” 
“SEC. 18. ACTING CHIEF PUBLIC ATTORNEY. - IN CASE OF 
ABSENCE OR TEMPORARY INCAPACITY OF THE CHIEF PUBLIC 
ATTORNEY OR A VACANCY IN THE OFFICE OF THE CHIEF PUBLIC 
ATTORNEY, THE OVERALL DEPUTY CHIEF PUBLIC ATTORNEY 
SHALL TEMPORARILY PERFORM THE DUTIES AND FUNCTIONS OF 
THE CHIEF PUBLIC ATTORNEY UNTIL THE LATTER SHALL HAVE 
RETURNED OR BECOME CAPACITATED, UNLESS IN THE INTERIM, 
THE APPOINTMENT DESIGNATES AN ACTING CHIEF PUBLIC 
ATTORNEY. 
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“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. 
“SEC. 19. INCUMBENT OFFICIALS AND PERSONNEL. - THE 
INCUMBENT 
OFFICIALS AND 
PERSONNEL 
OF THE 
PUBLIC 
ATTORNEY’S OFFICE SHALL REMAIN IN OFFICE WITHOUT THE 
NEED OF NEW APPOINTMENTS. ONE OF THE PRESENT DEPUTY 
CHIEF PUBLIC ATTORNEYS SHALL BE DESIGNATED AS THE 
OVERALL DEPUTY CHIEF PUBLIC ATTORNEY AND THE OTHER 
SHALL BE AN AREA DEPUTY. 
“SEC. 20. EXEMPTION FROM FEES AND COSTS OF THE SUIT. 
- THE CLIENTS OF THE PUBLIC ATTORNEY’S OFFICE 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. 
“SEC. 21. 
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, 
SUPPLIES, 
AND 
MANPOWER 
TO 
THE 
PUBLIC 
ATTORNEY’S OFFICE.” 
SEC. 5. Section 41, Chapter I O ,  Book I of the same Code, as amended, is 
hereby further amended to read as follows: 
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“SEC. 41. Officers Authorized to Administer Oaths. - The following 
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officers have general authority to administer oaths: President, Vice 
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President; Members and Secretaries of both Houses of the Congress; 
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Members and Secretaries of both House of the Congress; Members of the 
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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 
appointment are vested in the President and are subject to confirmation by 
the Commission on Appointments; all other constitutional officers; PUBLIC 
ATTORNEY’S OFFICE LAWYERS; and notaries public.” 
SEC. 6. Section 42, Chapter I O ,  Book I of the same Code, as amended, is 
likewise amended, to read as follows: 
“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 office performing the service in those matters shall charge no fee, 
unless specifically authorized by law.” 
SEC. 7. Repealing Clause. - All laws, orders, decrees, rules and 
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SEC. 8. Appropriations. - The amount necessary for the initial 
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implementation of this Act shall be charged against the current fiscal year’s 
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appropriations under the budget of the Public Attorney’s Office. Thereafter, such 
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sums as may be necessary for the continued implementation of this Act shall be 
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included in the annual General Appropriations Act. 
regulations inconsistent with the provisions of this Act are hereby repealed or 
modified acccord i ng ly . 
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SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved,