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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3 43 §

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

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

In the course of fulfilling their mandate, lawyers from the Public Attorney's Office
(PAO) have been assisting indigent litigants who are complainants in criminal eases by
preparing their complaint-alfidavits against an opponent known as the respondent. In some
cases. these respondents are also indigent persons. The procedure will require the complaint-
affidavit to be filed before the Prosecutor's Office. The prosecutor will then conduct a
Preliminary Investigation or in some cases. make a direct filing in the courts.

Alier the preliminary investization. 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 PHILIPPINES
he 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
from the PAO because he or she will be disqualified by the PAO
nterest

cannot avail of am
on the ground of conflict of

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 a need
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

Due to the foregoing. the carly passage of this bill is earnest

‘epresentative
Lone District. Muntinlupa City



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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO._3439

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
sub-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. Appropriations. ~ Such sums as may be necessary for the implementation of
this Act shall be included in the budget of the Public Attomey’s Office in the annual General
Appropriations Act.


SEC. 3. Implementing Rules and Regulations. — Within one hundred and twenty (120)
days from the approval of this Act, the Secretary of Justice, in consultation with the heads of
other participating government agencies, shall formulate the rules and regulations
implementing the provisions of this Act. The implementing rules and regulations issued
pursuant to this section shall take effect thirty (30) days after publication in two (2) national
newspapers of general circulation.

SEC. 4. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.

SEC. 5. Repealing Clause. ~ All laws, decrees, orders and rules, and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

SEC. 6. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or a newspaper of general circulation.

Approved,