1.

POWERS OF THE CHIEF PUBLIC ATTORNEY – Under the PAO Law the authority and
responsibility for the exercise of the mandate of the PAO and for the discharge of its powers and functions
shall be vested in the Chief Public Attorney including the power to appoint, discipline and supervise;

2. What is PAO under PAO Law- Under the Sec. 2 of RA 9406 (PAO LAW) The Citizen’s Legal
Assistance Office (CLAO) is renamed Public Attorney’s Office. It shall exercise the powers and functions
as are now provided by law for the CLAO or may hereafter be provided by law. The PAO shall be an
independent and autonomous office, but attached to the DOJ in accordance with the provisions of the
Administrative Code of 1987 (EO 292) for purposes of policy and program coordination.
The PAO shall be the principal law office of the Government in extending free legal assistance to indigent
persons in criminal, civil, labor, administrative and other quasi-judicial cases.

3. Relationship of PAO with DOJ – The Public Attorney’s Office (PAO) is one of the attached agencies
of the Department of Justice (DOJ), the latter has administrative relationship with the former. However,
unlike in constituent units and agencies directly under it, an administrative relationship of control and
supervision does not extend to PAO. The administrative relationship only extends laterally or as
Attachment. This is in consonance with R.A. No. 9406, particularly Section 2 thereof which has amended
Section 14, Chapter 5, Title III, Book IV of Executive Order (E.O.) No. 292. As specifically provided
therein, “x x x The PAO shall be an independent and autonomous office attached to the Department of
Justice in accordance with Sec. 38(3), Chapter 7 of Book IV of this Code for the purposes of policy and
program coordination. x x x”(Section 38, par. 3, a & b, id.)

Consequently, the PAO is simply mandated to coordinate with the DOJ so as to harmonize its programs
with that of the Department and also in order to align its office policies to that of national policies. Being
also in the same umbrella department, the PAO is in close coordination with the DOJ for policy and
program coordination, such as budgetary purposes.

4. Kinds of administrative disciplinary sanctions that can be imposed to an erring PAO

employee – Reprimand, Suspension, Fine, Dismissal

5. Sanctions not considered as disciplinary sanction – Admonition and advice

6. Cases not subject to merit test – In cases where the indigent client is the defendant or respondent
in a civil or administrative case already filed in any court or quasi-judicial agency, notwithstanding the
determination as to the merit of the case, the Public Attorney shall still represent or extend legal
assistance to the client, in order to protect his rights. In criminal cases, the accused enjoys the
constitutional presumption of innocence until the contrary is prove; hence, cases of defendants in
criminal actions are always considered meritorious.

7. Cases not subject to Indigency Test - Those cases which may be provisionally accepted pending
verification of the applicant’s indigency under Art. 4 Chapter II of PAO Operations Manual;
Persons/Entities qualified for Legal Assistance Pursuant to Memoranda of Agreement/Understanding,
Department of Justice and special laws under Art. 5 Chapter II of PAO Operations Manual; Other persons
qualified for assistance under Art. 6 Chapter II of PAO Operations Manual

8. Characteristics of PAO Lawyer under the Rule of Conduct – See Chapter XV of PAO
Operations Manual

9. Documents not to be notarized – Deed of sale of properties and other commercial documents

10. Duties of PAO- See Section 7 and 8 of Code of Conduct (MC 007 Series of 2010)