FREE LEGAL SERVICES FOR PERSONS WITH DISABILITIES

BACKGROUND

Book IV, Title III, Chapter 5, Section 14 of the Administrative Code of the
1987 as amended, the Public Attorney’s Office is mandated to represent
free legal services to indigents and other persons qualified for legal
assistance in all civil, criminal, labor, administrative, and other quasi-
judicial cases where, after due evaluation, it is determined that the interest
of justice will be served thereby.

In the exigency of the service, the PAO may be called upon by proper
government authorities to render such service to other persons, subject to
existing laws, rules and regulations.1

PAO CLIENTELE

While the PAO’s primary clientele are indigents who can satisfy the Merit
Test and the Indigency Test, there are exceptions under the law and its
rules. There are instances wherein in the PAO may accept and handle
cases provisionally.2 These cases involve urgent matters, and are intended
to preserve rights and prevent adverse effects on the litigants.

Likewise, there are other instances which the PAO handles cases even
without need for satisfying the indigency test. These are provided for
under Memoranda of Agreement/Understanding with other Government
Agencies, Special Laws, or Department of Justice Directives. 3

Just recently, Hon. Secretary Vitaliano N. Aguirre II issued Department

Order No. 792 on 19 December 2017, directing the PAO to extend free
legal assistance to all possible victims of Dengvaxia related injuries,
illnesses and deaths.

THE DEPARTMENT’S ROLE

The Department of Justice is a member of the Governing Board of the

National Council for Disability Affairs (NCDA), and chair of its Sub-
Committee on Access to Justice and Anti-Discrimination. Other members of
1
Article 1, Revised PAO Operations Manual
2
Article 4, Revised PAO Operations Manual
3
Article 6, Revised PAO Operations Manual
the sub-committee are representatives of the following agencies: (1)
NCDA; (2) Commission on Human Rights (CHR); (3) Public Attorney’s
Office (PAO); (4) Integrated Bar of the Philippines (IBP); and PWDs
organizations.

The Sub-Committee seeks to implement the Philipines’ obligation under

the UN Convention on the Rights of Persons with Disabilities (UNCRPD),
Article XIII (Access to Justice).

In October 2013, an agreement was already entered into between PAO

and the Department of Social Welfare and Development (DSWD), to
provide free legal assistance to certain DSWD clients. These are victims of
domestic abuse, children in conflict with the law, and local prospective
adoptive parents in certain cases.

COMMON LEGAL ISSUES OF PWDs

 Denial by employers of a qualified PWD of his rights under the RA 7277 –

The Magna Carta for Persons with Disabilities
 Refusal of Government Agencies to comply with RA 10524 4
 Legal recourse for unjustified denial of issuance of Persons with
Disabilities Identification Card (PWD IDC)
 Unjustified refusal to honor PWD IDC in favor of holders who are afflicted
with non-apparent disabilities.
 Inaccessibility or poor maintainance of accommodations in public utilities
and conveyances.
 Unjustified denial or delay by employers in granting/release of disability
benefits.

FREE LEGAL ASSISTANCE TO PERSONS WITH DISABILITIES

Persons with disabilities belong to a marginalized segment of the

population. Considering that disability disproportionately affects vulnerable
populations, and its incidence affects a family’s derived income, in terms:

4
Section 7. Implementation of One Percent (1%)
7.1 For Government Agencies
At least one percent (1%) of all regular and non-regular positions in all government agencies shall be reserved for persons
with disability.
Should there be fraction in coming up with the sum of at least one percent (1%) of the total plantilla position in a
government agency, the same shall be considered as one (1) position reserved for persons with disability.
rehabilitation; medical management; home provisions; and assistive
devices, not to mention the very nature of their restrictions. Free legal
services for PWDs finds significance.

Areas of Discussion:
1. A Memorandum of Agreement among the agencies, not limited to
the PAO, to provide free legal assistance to PWDs.
2. DOJ Directive, directing the PAO to extend free legal assistance to
PWDs.
3. The legal assistance by the PAO may be reduced to at least free
legal consultations and advice to PWDs.
4. Increase the net income threshold requirement for PWDs.
 Existing Special Laws, DOJ Directives, and Memoranda of
Agreement/Understanding that provide for cases
which may be handled by the PAO:

1. Department of Agrarian Reform lawyers against whom criminal and/or administrative

complaints have been filed for acts committed in connection with the performance of
their official duties (Direction of the Minister of Justice);

2. Farmer-beneficiaries of the Agrarian Reform Law, in: a. agrarian-related civil or

criminal cases pending before the courts; and, b. cases against farmer-beneficiaries
pending before the courts or the Department of Agrarian Reform Adjudication Board
(DARAB), where one of the parties is already represented by a lawyer from the
Department of Agrarian Reform (Memorandum of Agreement dated May 8, 1991,
between DAR and DOJ).

3. Indigent laborers in meritorious labor cases (Memorandum Order of the Secretary of

Justice dated May 19, 1988);

4. Indigent aliens (2nd Indorsement of the Undersecretary of Justice dated March 25,
1974);

5. Qualified Overseas Contract Workers in all cases within the original and exclusive
jurisdiction of the Philippine Overseas Employment Administration (Memorandum of
Agreement between PAO and DOLE, POEA, NLRC, OWWA and some NGOs, dated
April 2, 1993);

6. Barangay Health Workers (Section 16, Rule II and Part 5, Rule VII of the
Implementing Rules and Regulations of Republic Act No. 7883 – Barangay Health
Workers’ Benefits and Incentives Act of 1995);

7. Department of Social Welfare and Development in the filing of petitions for

involuntary commitment of minors, as well as petitions for the declaration that a child is
abandoned or neglected (Directive of Minister of Justice Neptali Gonzales dated
February 10, 1987);

8. Members of the Association of Local Social Welfare and Development Officers of the
Philippines, Incorporated (ALSWDOPI), in criminal and administrative complaints/cases
related to, or in connection with the exercise of their profession or performance of duties,
unless there is a conflict of interest, or when a member does not qualify under the PAO’s
Indigency Test, in which case, provisional assistance shall be afforded to him/her
(Memorandum of Agreement between the ALSWDOPI and PAO dated August 27, 2009);

9. Qualified Print and Broadcast Media Practitioners, as well as their staff and crew, who,
by reason of, or in connection with the performance of their profession, are harassed with
suits and complaints intended to hamper the freedom of the press and suppress their
individual liberties (Memorandum Circular No. 01, S. 2009, dated January 5, 2009 in
relation to Memorandum of Agreement between the National Press Club [NPC] and PAO
dated May 29, 2009);

10. Dangerous Drugs Board (DDB), its authorized representatives and drug offenders in
the filing of Petitions for voluntary confinement, except when there is conflict of interest
(Memorandum of Agreement between DDB and PAO dated July 15, 2008, as reinforced
by MOA dated August 22, 2016);

11. Complaints of Filipinos against foreigners for violation of immigration, alien

registration and other local laws; respondent foreigners in deportation cases; Bureau of
Immigration (BI) clients in connection with the Notarization of applications; and such
other legal services that may be assigned by the Commissioner (Memorandum of
Agreement between the BI and PAO dated February 4, 2009);

12. Members of the Press Photographers of the Philippines (PPP) under investigation for
a complaint, or on trial, including inquest proceedings, relating to, or in connection with,
the exercise of profession or performance of duties; and the families of PPP members
who are victims of media killings (Memorandum of Agreement between the PPP and
PAO dated May 25, 2009);

13. Officials of the Philippine National Police (PNP) holding the ranks of Police Officer I
(PO1) to Senior Police Officer IV (SPO4), when sued in the performance of their duties
(DOJ Department Order No. 106 dated February 25, 2009, and PAO Memorandum dated
March 19, 2009; and DOJ Department Circular No. 78 dated October 26, 2009, and PAO
Memorandum dated November 9, 2009);

14. Torture victims pursuant to the Anti-Torture Act5 of 2009 (R.A. 9745) [Note: the
Public Attorney’s Office has the authority to conduct an independent investigation in
cases involving torture per R.A. 9745];

15. Philippine Statistics Authority Census Personnel with respect to Notarization of their
Contracts of Service;

16. Qualified Taiwanese Nationals upon Notice by the Legal Aid Foundation, Taiwan
(Memorandum of Agreement between PAO and the Legal Aid Foundation, Taiwan, dated
October 27, 2014);

17. Qualified constituents of member municipalities of the League of Municipalities of

the Philippines (Memorandum of Agreement dated June 30, 2011 between the League of
Municipalities of the Philippines and the PAO);

18. The Office for Competition (OFC) and/or its members and the sector regulators
and/or its officials in cases proscribed by the mandate of the Office of the Solicitor
General (OSG) through the specially constituted PAO Task Force;
19. Qualified refugees and displaced peoples within the Philippines (Memorandum of
Understanding between the PAO and the UNHCR, dated January 8, 2013);

20. Asylum seekers, refugees and stateless persons in the Autonomous Region and
Muslim Mindanao (ARMM) (Memorandum of Understanding between the PAO, the
Regional Human Rights Commission [RHRC], and the United Nations High Commission
for Refugees [UNHCR], dated June 21, 2013);

21. Public school teachers who are appointed as Board of Election Inspectors (BEI) and
are being sued in relation to the said function (Memorandum of Agreement between the
PAO, the Department of Education [DepEd], and the Commission on Election
[COMELEC], dated April 29, 2016);

22. Individuals or Presidential Commission for the Urban Poor (PCUP)-accredited Urban
Poor Organization indorsed by the PCUP, subject to PAO rules and regulations
(Memorandum of Agreement between the PAO and PCUP dated December 23, 2011);

23. Newly committed inmates and other qualified inmates of the Bureau of Jail
Management and Penology (BJMP) facilities (Memorandum of Agreement between PAO
and BJMP dated May 31, 2016).

2016 Revised PAO Manual

(GEN: To be qualified, one must satisfy both merit test and indigency test)

ARTICLE 2. Merit Test. - A case shall be considered meritorious, if an assessment of the law
and evidence on hand, discloses that the legal services of the office will assist, be in aid of, or be
in the furtherance of justice, taking into consideration the interests of the party and those of the
society. In such cases, the Public Attorney should agree to represent the party concerned.

ARTICLE 3. Indigency Test. – Taking into consideration recent surveys on the amount needed
by an average Filipino family to (a) buy its “food consumption basket” and (b) pay for its
household and personal expenses, the following shall be considered indigent persons:

1. If residing in Metro Manila, whose individual net income does not exceed P14,000.00 a month;
2. If residing in other cities, whose individual net income does not exceed P13,000.00 a month;
and
3. If residing in all other places, whose individual net income does not exceed P12,000.00 a
month.

The term income shall not include the pension received by retirees. The term “net income” as
herein employed, shall be understood to refer to the basic income of the litigant less statutory
and authorized deductions.

“Statutory deductions” shall refer to withholding taxes, GSIS, SSS, PAG-IBIG, Health Insurance
and PhilHealth premiums; and, other loan amortizations duly supported by written contracts.