wee 07:27 PM, Aug 04, 2021
For almost a year already, the debtor keeps on making false promises, lies, and excuses to cover the fact that he is unable to settle his debts. Despite constant reminders to him to pay, he refuses to settle his debts, thereby prompting me to want to start the process of filing a case against the suspect.
PAO 08:41 AM, Aug 05, 2021
August 5, 2021
Dear Michelle,
Thank you for your request dated Aug 04, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Filing a complaint against a debtor who is also a scammer, fraudster.
We received your request on Aug 04, 2021 and will respond on or before Aug 25, 2021 07:27:49 PM, 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/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBBTy0zNjQ5MDQyMTU0NzQM, for request with ticket number #PAO-364904215474.
Thank you.
Respectfully,
PAO-RO PAO
FOI Officer
PAO 09:29 AM, Aug 05, 2021
05 August 2021
MICHELLE KIMBERLY HO WEE
ichelle@yahoo.com
This is in relation to your FOI request dated 04 August 2021 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 you are unable to afford a private lawyer, our Office may help you provided you qualify 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 2016 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 Metro Manila, whose individual net income does not exceed ₱14,000.00 a month;
2. If residing in other cities, whose individual net income does not exceed ₱13,000.00 a month; and
3. If residing in all other places, whose individual net income does not exceed ₱12,000.00 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 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.
“Authorized deductions” shall be understood to include all deductions as reflected in the pay slip, 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.
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. 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 income; or
2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office of the place where you are residing; or
3. Certificate of Indigency from the Barangay Chairman having jurisdiction over your place of residence.
PAO lawyers and personnel shall exercise diligence in ascertaining the indigency qualification of said applicant/s.”
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 PAO will assist, or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of society.”
If you are qualified for our free legal services in accordance with the above-mentioned requirements, you may visit our PAO – Manila District Office located at 4th Floor, Willam Godino Building, #350 A. Villegas Street, Ermita, Manila 1000. Kindly bring with you the documents pertinent to your problem and proof of your 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
