Lopez 07:34 AM, Mar 02, 2022
Good day po. I would like to ask for any legal advise you can give me.
Nagkaroon po kasi ng babae yung tatay ko and may anak po sila. Yung babaeng po ito sinasabihan yung isa niya pang anak na 14 yrs old na magsinungaling at sabihin na mino-molestia o hinaharass siya ng tatay ko kahit hindi naman po totoo. Dahil dito, tinatakot ng babae yung tatay ko na sasabihin 'yon sa pulis para makulong ang tatay ko lalo na't minor yung babae.
PAO 08:43 AM, Mar 02, 2022
March 2, 2022
Dear Johanna,
Thank you for your request dated Mar 02, 2022 07:34:17 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Grave Threats.
We received your request on Mar 02, 2022 07:34:17 AM and will respond on or before Mar 23, 2022 07:34:17 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBBTy05MzYzMDQ5NzE3MzYM, for request with ticket number #PAO-936304971736.
Thank you.
Respectfully,
PAO-RO PAO
FOI Officer
PAO 09:35 AM, Mar 07, 2022
March 7, 2022
JOHANNA LOPEZ
johannaaaadl@gmail.com
This is in relation to your FOI request dated 02 March2022 seeking legal advice.
Please be informed that, the mandate of the Public Attorney’s Office (PAO) is to “represent free of charge, 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. ”
Considering the complexity of your concern, the need to further obtain information regarding the same, and the necessity to study the pertinent pieces of evidence relative to the issues at hand, we advise you to immediately and personally consult with a private lawyer so that your situation can be discussed in more detail.
However, if your father is unable to afford a private lawyer, our Office may help him provided he qualifies for our free legal services.
The qualifications before an applicant may be accepted as a client of PAO are the Indigency and Merit Tests as provided for by Republic Act No. 9406, or the PAO Law, in relation to 2021 Revised PAO Operations Manual.
Under the Indigency Test, the applicant must show that his/her individual net income does not exceed the following:
“1. If residing in cities or municipalities within the National Capital Region (NCR), persons whose individual net income does not exceed Twenty-four Thousand Pesos (₱24,000.00) a month;
2. If residing in other cities outside the NCR, persons whose individual net income does not exceed Twenty-two Thousand Pesos (₱22,000.00) a month; and
3. If residing in municipalities outside the NCR, persons whose individual net income does not exceed Twenty Thousand Pesos (₱20,000.00) 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, Government Services Insurance System (GSIS), Social Security System (SSS), PAG-IBIG, Health Insurance and PhilHealth premiums, loan amortizations, and other deductions of similar nature, duly supported by written contracts.
“Authorized deductions” shall be understood to include all deductions as reflected in the pay slip, as well as other deductions with the expressed written consent of the employee and in agreement with the employer, and all other deductions that can be substantiated by the employee.
In case the client derives income from activities and transactions where no employer-employee relationship exists, net income shall refer to gross income less allowable deductions as defined under Sections 32 and 34 of the National Internal Revenue Code and related issuances.
For purposes of this Section, ownership of land shall not, per se, constitute a ground for disqualification of an applicant for free legal assistance, in view of the ruling in Juan Enaje vs. Victorio Ramos, et al. (G.R. No. L-22109, January 30, 1970) that the determinative factor for indigency is the income of the litigant and not his ownership of real property.”
Furthermore, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:
“1) Latest Income Tax Return or pay slip, or other proofs of net income; or,
2) Certificate of Indigency from the Department of Social Welfare and Development (DSWD), or the City/Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or,
3) Certificate of Indigency and/or No Income from the Office of the Punong Barangay/Barangay Chairperson having jurisdiction over the residence of the applicant
Public Attorneys and personnel shall exercise prudence in ascertaining the indigency qualification of an applicant to avoid suspicion of assisting disqualified clients”
Under the 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 furtherance of justice, taking into consideration the interests of the parties, and those of society.”
If your father is qualified for our free legal services in accordance with the above-mentioned requirements, he may visit our district office nearest his residence, which is located in the Hall of Justice of every city or municipality. Kindly bring with him the documents pertinent to his problem and proof of his indigency.
You may also call our office using the following numbers: 8929-9436, 8426-2801, 8426-2450 or 8426-2987.
Thank you.
Respectfully,
PAO-LRS-DM PAO
FOI Receiving Officer
