2003 Assessment of The Public Attorneys' Office (PAO)

Final Report – Final Draft
2003 Assessment of the

Public Attorneys’ Office
(PAO)
In cooperation with the Supreme Court

Republic of the Philippines
With the support of the United Nations

Development Programme
La Salle Institute of Governance
June 2003
____________
Executive Summary
The Public Attorney’s Office (PAO) was created to serve as the frontline
government agency in delivering free legal services to indigent litigants in judicial and
quasi-judicial proceedings. This study conducted by the La Salle Institute of Governance,
with the support of the United Nations Development Programme (UNDP), is a
component of the Action Program for Judicial Reform (APJR) of the Supreme Court. It
aims to generate a careful and thorough assessment of the institutional capacity of the
PAO to provide legal assistance to the poor.
Specifically, this research addresses two key questions:
1. Is the present institutional capacity of the PAO adept in delivering services to
the poor?
2. Does the present organizational structure provide effective, efficient and
speedy access to justice for the disadvantaged?
This study offers an organizational diagnosis of the PAO. Data was generated
through the use of various social science research techniques, including surveys, focus
group discussions, key informant interviews and secondary data analysis. Feedback from
the PAO lawyers on the problems, issues, challenges, threats, weaknesses as well as
strengths and opportunities besetting their office and their suggestions for improvements
were drawn from a self-administered survey that covered 398 (45.3%) respondents out of
878 PAO lawyers. On the other hand, secondary data analysis of the individual
performance reports submitted by the PAO lawyers throughout the country was
conducted. Data was available for the last quarter of 2000, and the years 2001 and 2002.
Focus group discussions were conducted at the Manila City Jail and the La Union
Provincial Jail in order to derive experiential inputs from the beneficiaries of the PAO
services. Lastly, interviews were conducted with key informants from the National
Prosecution Service (NPS) and the Prosecutor’s office both in the urban and rural areas to
generate relevant insights on the transactional relationship between the NPS and the PAO.
The data generated by the research was analyzed using the following performance
indicators: adequacy, availability, affordability, accessibility, capability, coherence, and
flexibility.
Contrary to public perception, our research indicates that the PAO is able to
provide adequate and affordable access to justice for its poor clients despite immense
resource constraints. However, the PAO has reached its peak capacity with further
expansion in services already heavily constrained by a limited budget. With demand for
its services expected to rise even further in the coming years, the sustainability of its
operations is severely challenged. To strengthen the PAO as a justice delivery system for
the poor, the study recommends the following reform measures:
1. Governance Reform
A. Strip the PAO of its none-core functions and concentrate in defending the
accused in criminal proceeding
B. Pass a law that will institutionalize the PAO as a corporate entity
C. Devolve direct legal services to local governments

2. Human Resource Management
A. Review the compensation package for PAO lawyers
B. Continuous training and capacity-building
3. Public-Private Partnerships
A. Promote civil society participation in legal aid provision
B. Encourage the use of alternative dispute resolution
C. Promote transparency and accountability
D. Link up with academic institutes in capacity-building efforts
4. Empowerment of the Poor
A. Introduce an indigent card system
B. Strengthen voice mechanisms for the poor
C. Develop a good communications strategy
5. Special Programs for the Vulnerable Sectors
A. Provide special attention to children, women, indigenous people, and
disabled persons
B. Improve legal access to the poor in Mindanao
The findings of the study were presented in a roundtable discussion held on 26 June
2003 at The Pan Pacific Hotel Manila. While the study endeavored to provide a
holistic assessment of the PAO, it is largely limited to the perspective of the PAO
lawyers themselves, from the data gathered from their reports and from their answers
in the self-administered survey.
Contents
Executive Summary 1
1 Introduction 4
Imperatives of Judicial Reform
Access to Justice
Public Attorney’s Office
Assessing the PAO
2 Organizational Diagnosis 13
Structure
Staffing
Service Delivery
Systems
Resources
Leadership
3 Indicators of Access to Justice 37

Adequacy
Availability
Affordability
Accessibility
Capability
Coherence
Flexibility
4 Policy Recommendations 46
References 52
Appendices
2003 National Survey of the PAO 53
Focus Group Discussion
Urban 72
Rural 78
Functional Relationship Between PAO and NPS 82
List of Tables
1.1 Matrix of Indicators 10

2.1 Number of years of stay by Age (Recoded) 17
2.2 Top Ten PAO lawyers in terms of number of cases 18
won for year 2001
2.3 Average number of pending cases (on trial) 21
of the PAO
2.4 Average number of cases terminated 22
2.5 Range of number of cases won by the PAO 22
2.6 Regular cases pending and terminated for year 2002 23
2.7 Instant Services – Oaths Administered 25
2.8 Instant Services – Documents Prepared, National 26
Capital Region
2.9 Instant Services - Documents Prepared, Central 27
Luzon
2.10 Number of clients with criminal cases during 29
Custodial Interrogation
2.11 Jail Visitation – Number of prisoners provided 29
assistance
2.12 Performance in Jail Visitation – Legal Representation, 2002 30
2.13 Performance in Jail Visitation – Prisoners interviewed, 2002 31
2.14 Island Groupings by Use of Budget for Interpreter Services 35
List of Figures
1.1 The Star Model 8

2.1 PAO Organizational Structure 14
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1 Introduction
“What is the essence of justice: equality or expediency, fairness or equality,

rectification or reciprocity, rehabilitation or revenge?”
- Jose W. Diokno, A Filipino Concept of Justice (1981)
In a developing country like the Philippines, an effective and efficient judicial

system is a bulwark of defense for all citizens. The judicial system is ideally conceived to
be free from the influence of power and wealth. Courts are expected to offer a venue
where the poor and powerless can assert their equality in the eyes of the law. In reality,
the courts in many countries are often overtly or subtly biased against the poor. Many of
the world’s poor have chosen to avoid their legal systems altogether rather than face
intimidation, and bear costly litigation proceedings they know they cannot win. Those
living in the countryside, as well as those with claims that are small for the court system
but important to the claimant, and those who need speedy justice, sometimes find the
courts completely inaccessible. Thus, many reformers in both developed and developing
countries are interested in programs that will help improve access to justice by the poor.
Imperatives of Judicial Reform
Through the years, issues and problems have gradually eroded the public’s trust
and confidence on the Philippine justice system. These include “delays in the resolution
of cases, perception of graft and corruption in
“The judicial reform program will the courts, perception of politicization of the
give priority to reforms on . . . the judicial appointment process, and limited access
efficiency of delivery of judicial
services . . .” to justice (Action Program for Judicial Reform,
2001, p. 2).” The appointment of Hilario Davide,
Action Program for Judicial
Reforms Jr. as Chief Justice of the Philippine Supreme
Court in 1998 provided an impetus for genuine
legal and judicial reform. Under his leadership, the Action Program for Judicial Reform
(APJR) was adopted in 2001. The APJR was founded on the vision statement enunciated

2003 Assessment of the Public Attorney¢s Office 5
Introduction
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under the Davide Watch, which aspires for a “judiciary that is independent, effective and
efficient, and worthy of public trust and confidence; and a legal profession that provides
quality, ethical, accessible and cost-effective legal service to our people and is willing
and able to answer the call to public service (APJR, p.11).” To realize this vision for the
Philippine justice system, a key mission identified by the Supreme Court is to improve
access to judicial and legal services. Thus, “reforming substantive law, jurisdictional
structure of the courts, rules of court, judicial systems and procedures, legal education, as
well as the institutional processes and resource generation strategies will be geared
toward consolidating gains that will increase geographical as well as financial access to
judicial services particularly by the poor and other disadvantaged sectors of society
(APJR, p. 12).”
Hence, the Philippine justice system, with support from international donors and
civil society, is currently engaged in a long-awaited process of renewal. It is premised on
the principle that a successful democracy is dependent on the assurance that there is
willingness to hear all voices and interests especially the underprivileged class. However,
judicial reform should be grounded on an in-depth organizational and institutional
analysis of legal assistance, agencies and mechanisms.
The La Salle Institute of Governance project on the Assessment of the Public

Attorney’s Office (PAO) supported by the Supreme Court through the assistance of the
United Nations Development Programme (UNDP) is a component of the APJR. It aims to
view the strategic importance of providing legal assistance for the disadvantaged sectors.
The main concern is to arrive at a careful and thorough understanding of the present
institutional capacity of the PAO to deliver services to the poor.
Access to Justice
The PAO is the principal arm of the government for providing legal services to
indigent parties. This is in accordance with the provision of the 1987 Constitution, which
states, “free access to courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty (Section 11, Article 3, 1987 Philippine

Introduction
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Constitution). As a constituent unit of the Department of Justice, the PAO may serve as
counsel for indigents in civil, criminal, administrative or labor cases. It provides non-
judicial legal services, such as legal counseling, documentation and mediation. It also
engages in other activities, like outreach and jail visitation programs, which are all aimed
at pursuing the PAO’s thrust of providing immediate, responsive and competent legal
services (Feliciano and Muyot, 2000). It has 16
regional offices and 251 district and sub-district
“Free access to courts and quasi-
offices all over the country. Besides its present
judicial bodies and adequate legal
role of providing direct legal assistance, the PAO assistance shall not be denied to
any person by reason of poverty.”
has great potentials of combining and
coordinating legal services from both the public Section 11, Article 3
1987 Constitution
and private sectors for indigent groups. It is the
intention of the APJR to strengthen the PAO’s
role to provide citizens a “judiciary that is independent, effective and efficient, and
worthy of public trust and confidence; and a legal profession that provides quality, ethical,
accessible and cost-effective legal service to our people and is willing and able to answer
the call to public service.”
This research documented the extent to which the PAO’s effort to deliver services
are measured. It identified the gaps in the legal assistance available to the disadvantaged.
The research also solicited recommendations and suggestions for the improvement of the
PAO’s services. The two key questions for the research are as follows:
3. Is the present organizational structure and institutional capacity of the PAO

adept in delivering services to the poor?
4. Does the present organizational structure provide an effective, efficient and

speedy access to justice for the poor?
Public Attorney’s Office
The historical precursor of the PAO was the Agricultural Tenancy Commission,
which was later renamed as the Tenancy Mediation Commission (TMC), created under

Introduction
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Republic Act No. 1199. It was further reinforced and renamed as the Office of the
Agrarian Counsel (OTAC) with the passage on August 8, 1963 of Republic Act No. 3844
otherwise known as the Agricultural Land Reform Code. The necessity of providing
more accessible legal services to the poor resulted in the expansion of the agrarian related
assistance provided by OTAC to include civil, criminal, administrative, and labor cases.
Hence, the Citizen’s Legal Assistance Office (CLAO) was created under Presidential
Decree No. 1 and Implementation Order No. 4, dated October 23, 1972. The office
originated with 10 regional and 26 district offices and a work force of 94 lawyers.
On July 25, 1987, the CLAO

“PAO . . . . gives flesh and blood to the was again renamed as the Public
constitutional policy of promoting social
justice . . .” Attorney’s Office (PAO) by virtue of
the Administrative Code of 1987
- Chief Justice Hilario G. Davide Jr.
(Executive Order 292). Since then, the
PAO as a constituent unit of the
Department of Justices (DOJ) has endeavored to provide free legal services to the
indigent sector in the Philippines. This is consistent with the provision of the 1987
Constitution in which the “State shall promote social justice in all phases of national
development” (Section 10, Article 2). From approximately 169,205 civil and criminal
cases it handled in 1992, the number grew to over 408, 145 in 2001. It also managed to
serve a total of 5,400,637 clients for the whole year of 2001. The PAO field lawyers have
won 2,694 cases through acquittals and favorable judgments/decisions in civil cases
before the lower courts and other quasi-judicial and administrative bodies from January
2001 to September 2002 (Public Attorney’s Office, 2002).
The primary mission of the PAO is to represent indigents in judicial and quasi-
judicial cases. The following are considered indigent:
· Those residing in Metro Manila, whose family income does not exceed P14,000 a
month;
· Those residing in other cities whose family income does not exceed P13,000 a
month; and,

Introduction
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· That residing in all other places whose family income does not exceed P12,000 a
month.
The PAO renders non-judicial services such as mediation, conciliation,

counseling, administration of oaths and documentation services to meet the legal aid
needs of indigent persons. It also conducts outreach activities and extends legal assistance
by virtue of agreements with other government offices.
Assessing the PAO
In assessing the organizational structure and institutional capacity of the PAO, the
five-point Star Model was utilized. The presumption is that an organization is best
described by reference to five main areas with an influence and bearing on each other and
is balanced by Leadership which is found in the middle of the star that pulls and keeps
the balance of the main areas. The areas are structure, staffing, service delivery, systems,
and resources.
Figure 1.1
The Star Model
Structure
Resources Service Delivery
Leade
Systems Staffing

Introduction
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The research was conducted from December 2002 to May 2003. Utilizing the
methods of secondary data/content analysis, self-administered survey, focus group
discussions, and key informant interviews, the study culled data from PAO lawyers, their
clients, and their counterparts at the National Prosecution Service (NPS).
The base information collected has been utilized to assess the institutional
capacity of the PAO to deliver services to the poor. The data-gathering phase of the
project also solicited recommendations and suggestions for the improvement of the
PAO’s services. The research data generated in this study contains:
1. Secondary Data Analysis
Secondary data analysis is the study of the Individual Performance Reports

submitted by PAO lawyers across the archipelago. The written reports for the years 2001
and 2002 and the last quarter of 2000 were encoded and classified according to the
required variables of the organizational diagnostic framework. This process provided data
regarding the PAO’s performance in the resolved and pending cases during the study
period. However, the database generated by the research team is limited only to the
individual performance report records made available by the Central Office. For the last
quarter of year 2000, 7 regions were represented, for year 200l, 14 regions, and for year
2002, all 16 regions were represented.
2. Self-administered Survey
A self-administered survey was conducted to consider another set of parameters

for assessing the accessibility of the judicial system to the disadvantaged sectors. The
survey covered a total of 398 respondents out of 878 PAO lawyers (45.3%). Specifically,
the survey probed the perception and assessment of the PAO lawyers as regards the
following:

Introduction
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A. Adequacy of judicial policies to protect the basic sectors;

B. Attention and fair treatment given to these basic sectors; and,
C. Acceleration of the judicial process.
3. Focus Group Discussion
Focus group discussions (FGDs) among selected current clients of the PAO were
conducted to determine and generate qualitative data regarding their perceptions on the
different kinds of services the PAO provides. The FGD was conducted at the Manila City
Jail with seven randomly selected participants. On the other hand, the FGD was
conducted at the La Union Provincial Jail with seven randomly selected participants.
4. Key Informant Interview
Interviews were conducted with key informants from the central office of the NPS
and the Prosecutor’s office both in the urban and rural areas. This generated relevant
insights on the transactional relationship between the informants and the PAO. The
informants relayed their perspectives on the state of transactional interactions they have
with the PAO and pointed out the available data and documentation in their office which
were available for research along this area of concern.
Table 1.1
Matrix of Indicators and Methodology
Research Component Indicators Subject Methodology

Organizational Diagnosis Adequacy Secondary Data and
Availability content analysis
Feedback from PAO Affordability PAO Lawyers Self-administered
lawyers Accessibility census type survey
Experiential Input Capability Clients FGD
Side Study Institutional Coherence National Prosecution Key Informant
Relationship Flexibility Service Interview

Introduction
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In order to assess the quality of legal services available to the poor, there is a need
to identify the factors for effective access to justice. The following criteria are important
in determining the impact of legal assistance given by the PAO:
A. Adequacy – The concept of adequacy requires the PAO to provide

sufficient and satisfactory services that are made available to indigent
groups. Regardless of status, every citizen must be accorded with
competent representation in the courts and other quasi-judicial bodies
through speedy trial proceedings.
B. Availability – The ease of use of legal documents that can be accessed by
the client and his/her counsel is an inevitable requirement to prepare both
in court appearances.
C. Affordability – Litigation consumes not only time, but also financial
resources. Since the PAO is intended to serve indigent groups, there is a
need to consider the costs incurred by the poor clients in terms of money,
person-hour, and opportunity cost.
D. Accessibility – Unlike affluent clients, underprivileged clients cannot
demand quality time from their lawyers. It is the function of the PAO to
provide quality legal assistance and proper consultation hours to listen to
clients before proceeding to trial.
E. Capability - Litigation is an arduous task that requires practitioners to be
competent in dealing with cases in an efficient and effective manner.
F. Coherence - Policies regarding free legal assistance are expected to have a
unified structure to guide both practitioners and indigent clients
G. Flexibility - Aside from the policy structures, it is also important to note
the capacity of the practitioners to adapt to a variety of situations.
The PAO is strategically important in providing the first line of defense for the
disadvantaged sectors. This study asserts that a careful and thorough understanding of the
PAO and its institutional capacity to deliver services to the poor will assist policymakers

Introduction
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in soliciting recommendations as well as suggestions in improving the agency’s

performance in providing access to justice.
Limitations of the Study
The assessment of the Public Attorney’s Office rests primarily on the PAO
lawyers themselves, from the data gathered from their reports and from their answers in
the self-administered survey.
While the methodology also included a beneficiary point of view in the two FGDs
conducted, the results cannot be taken as representative sample of the beneficiaries
themselves since the participants were only drawn from those currently detained. Past
beneficiaries or even indigents on bail have not been asked.
The functional relationship drawn from interviews of key informants from the NPS
may not be totally representative of the view of the NPS. Despite these limitations,
the scientific validity of the research remains.
The study can be better appreciated together with the other baseline studies under the
Action Program for Judicial Reform (APJR) that also refer to the Public Attorney’s
Office.

Introduction
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2
Organizational Diagnosis
On September 21, 1972, President Ferdinand Marcos signed Presidential Decree No.1
creating the Citizen’s Legal Assistance Office (CLAO). Were it not for the fact that
Martial law was declared in the same breath, the occasion of creating an institution of
public defenders would not have been eclipsed. It would take a revolution 15 years
later before President Corazon C. Aquino through Executive Order 292 would rename
the CLAO as the Public Attorney’s Office (PAO). This organization would be the
embodiment of Article XI, Section 3 of the Freedom Constitution of 1987.
Since then, the PAO’s organizational structure has been, in many ways, frozen in time.
This organizational diagnosis rests on the Star Model that focuses on key strategic
areas. Below are the findings obtained for each key result area in the Star Model. It
is presented with today’s situation at hand confronting the challenges of tomorrow.
Structure
The PAO is a government agency that directly reports to the Secretary of the
Department of Justice (DOJ). As the frontline unit of the DOJ in the delivery of legal
services, the PAO is present in 16 regional offices where 251 district offices belong.
In the central office, there are five divisions, namely the Administrative, Financial,
Special and Appealed Cases, Legal and Research Statistics, and Field Services. The
organizational structure of the agency is shown in Figure 2.1. A Chief Public
Attorney who is assisted by two Deputy Chief Public Attorneys heads the PAO. Over
the years, additional frontline offices were established without changing the basic
structure.
The Legal Research and Statistics Division functions as the research arm of the PAO.
It prepares development research, legal studies, information packets and publications.
It likewise maintains a law library and a statistical database. On the other hand, the

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Field Services Division coordinates services to regional offices and at times, is in

charge of special projects. Recently, the statistics function of the Legal Research and
Statistics Division was transferred to the Field Services Division.
Figure 2.1
PAO Organizational Structure
Chief Public Attorney
Deputy Chief Public Deputy Chief Public

Attorney 1 Attorney 2
Special and Appealed Cases

Division Administrative Division
Legal Research and Financial and Management

Statistics Division Division
Field Services Division
Regional
Offices (16)
District (251) & Sub-District

Offices (5)

Introduction
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For cases on appeal, the Special and Appealed Cases Division handles the workload
in the Central Office. Locating the unit centrally seems appropriate and strategic. For
example, indigents laden with death row sentences are given special attention.
Essentially, the PAO organizational chart does not have a steep hierarchical shape.
The flattened base is a good indicator that the bureaucracy levels are not that daunting.
Communications from top management can readily reach the technical base. The relative
autonomy given to district offices shows that decentralization of the PAO has allowed it
to serve their target clientele with relative dispatch.
The centralization of core functions like finance, administration, and human

resource development has kept a tight reign over the organization. The control aspect has
been beneficial for the organization in terms of disciplining itself to work within the
allocated budget. It may, on the other hand, have limited the organization from being
more attentive to special regional needs.
In a large organization such as the PAO, the abilities of its personnel-related units
are sorely tested when these functions are highly centralized. Since even Regional
Offices do not have the financial and administrative leeway, field personnel feel an
inordinate delay in the processing of their personal requirements. Lawyers feel that while
they have attended to their clients quickly, the organization has not been as quick in
attending to their needs. This feeling is not good for the general morale of the
organization.
As agencies, the NPS and the PAO being both protagonists and antagonists belong to
the same mother agency, the DOJ. Invariably, this raises the question of
independence of the PAO. The functional relationship of the NPS and the PAO has,

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however, remained at a highly professional level as the NPS key informant interviews
reveal. So even if the prosecutors and the PAO lawyers are seen together, they do not
discuss cases outside work premises. In a sense, professional integrity permeates
them respectively.
As one prosecutor mentions, “As a general rule we do not compromise criminal

cases. It is only the civil aspect of that case which could be compromised or settled.”
The PAO works with other government agencies involved in the criminal justice
system, such as the Judiciary, National Prosecution Service (NPS), Philippine
National Police (PNP), and National Bureau of Investigation (NBI), Bureau of
Corrections (BuCor), Bureau of Jail Management and Penology (BJMP), Board of
Pardons and Parole (BPP), and Parole and Probation Administration (PPA).
The PAO also links up with the Department of Social and Welfare and Development
(DSWD), the National Labor Relations Commission (NLRC), and the Civil Service
Commission (CSC). The agency is closely coordinating with various professional
groups such as the Integrated Bar of the Philippines (IBP).
Staffing
The top three posts of the PAO are appointed by the President of the Philippines upon
the recommendation of the DOJ. This includes the Chief Public Attorney as well as
the two deputies. Apparently, the present theory of the executive branch of
government is that the premier post should be a political choice due not only to the
abilities of the candidate but also in the trust level he or she has with the sitting
President. It would serve the organization well, if the deputy positions were selected
on the basis of meritocracy, as lawyers would have a higher career path to aspire for
and perhaps motivate them to stay longer with the organization.

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Majority of the PAO plantilla positions are composed of lawyers. The workload
has, however, piled up considerably, seemingly demanding more hands to service the
growing clientele. This poses a challenge because more than 90% of the available
positions have been filled up. In a sense the PAO has reached the peak of its capacity.
The PAO has 1,879 authorized positions of which 1,770 or 94% are filled as of
February 28, 2003. Lawyers comprise 57% of the positions at 1,069 while the balance of
810 are non-lawyers.
While the pay of public school teachers in high school compares favorably or
even exceeded the rates of private high school teachers in the province, such is not the
case for the PAO. The pay is definitely much lower in relation to private practice
remuneration. However, even in the public sector, the PAO receives on the average 10%
less than its counterpart in the National Prosecutors Service (NPS) on basic pay alone.
The NPS, however, are allowed to receive allowances from local governments according
to the financial health of the local coffers, which may reach up to 30% of their basic pay.
The PAO 2 with Salary Grade 25 has an annual cash compensation ranging from Php
369,000 to 422,000 while those for the Prosecutors 1 with Salary Grade 26 are at Php
402,000 at Php 457,000.
In fact, the self-administered survey shows that the pay (46%) of the PAO is the
primary obstacle in recruiting new lawyers, followed by the heavy workload (16.4%),
and the unfavorable benefits package level (10.6%). While the salary is not the only
motivating factor to retain the services of a lawyer within the organization, it is not
uncommon to see the lawyers applying for available posts in the NPS.
There is no mass exodus of lawyers from the PAO as gleaned from the survey
indicating that on the average a PAO lawyer stays at least 4 to 7 years with the
organization. This belies the perception that the PAO has a high turnover rate.

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In the table below where a cross-tabulation was made, the PAO lawyers whose
ages are 41 to 50 years must have stayed 17 years with the PAO on the average. The
younger lawyers whose ages run from 31 to 40 and who comprise the bulk have a median
of 4 years.
Table 2.1
Number of years of stay by Age (Recoded)
Age (Recoded) Mean Number Std. Deviation

Up to 30 years old 1.79 71 1.22
31 – 40 3.74 177 2.38
41 – 50 9.22 74 6.05
61 years and older 20.67 6 10.33
In terms of professional growth, the central human resource development unit

handles the PAO lawyers. It facilitates the sending of public lawyers to activities outside
the organization. Among the principal provider is the Integrated Bar of the Philippines
that conducts various training efforts under the Mandatory Continuing Legal Education
(MCLE) programs.
Recently, the Supreme Court of the Philippines, the Philippine Judicial Academy and
the Committee on MCLE has accredited the PAO on 5 August 2002. This is in
recognition of the capability of the PAO to undertake training and legal education
programs not only for its internal staff requirements but those of other agencies, as
well as its commitment to the continuing innovations and growth in the legal
profession.
Training programs dealing with issues such as women, children, and labor rights are
also provided by non-government organizations like Bantay Bata, and Free Legal
Assistance Group, and development agencies like the United Nations Children’s and
Education Fund (UNICEF) and the United Nations High Commissioner for Refugees,
etc.

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It is not clear if a training needs assessment was conducted across all regional offices
to determine what the field personnel need most to cope with the ever-changing
demands and to gain more specialized training in the particular fields such as
mediation.
There are stellar performances turned in by the PAO staff that belies the
misconception that PAO lawyers are generally weak. Based on their win records, the ten
PAO lawyers can provide stiff competition to well-paid private lawyers.
Table 2.2
Top Ten PAO lawyers in terms of total number of cases won for year 2001
Name Region District Cases Won

Rank
1 Myrna S. Lagrosa Central Luzon Malolos 696
2 Raymundo C. Amaba Western Visayas Roxas 680
3 Benjamin C. Medrano Central Luzon Malolos 600
4 Bayani P. Dalangin Central Luzon Talavea 595
Name Region District Cases Won
Rank
5 Dorina Catro-Baltazar Central Luzon Malolos 589
6 Rodaflor B. Larracas NCR Marikina 588
7 Teodora R. Gonzales Central Luzon Malolos 535
8 Saji M. Hasim Southern Luzon Gumaca 430
9 Anna Ma. Garcia-Sibbug Central Luzon Malolos 423
10 Alicia I. Torres Western Visayas Kalibo 418
In the table above, it seems that the best performing region is Central Luzon, and
the best performing district is Malolos. While the numbers listed above are impressive, it
is unclear whether the best performers were provided incentives. The ability of an
organization to motivate its staff rests not only on monetary terms. Apparently, in the
PAO the psychic rewards of helping the poor are very strong. Recognition and tokens of

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appreciation in the face of inadequate material rewards must be provided so that the
enthusiasm of the PAO lawyers will not flag.
Service Delivery
The PAO has identified its primary beneficiary and its major clientele to be indigents
requiring legal aid. The beneficiaries whose annual gross family income is within
the poverty level as defined by PAO Memorandum Circular No. 18, s.2002 under the
heading “Amended Standards Office Procedures in Extending Legal Assistance”,
belongs as indicated on a monthly basis:
· Php 14,000 or below for residents of Metropolitan Manila;

· Php 13,000 or below for residents of other cities; and
· Php 12,000 or below for residents of other municipalities
Various memoranda of agreement and directives from the Department of Justice,

however, have broadened the beneficiaries of the PAO. The PAO is now providing
assistance to the following:
o Indigent aliens; (Based on 2nd endorsement of the Undersecretary of

Justice, dated March 25, 1974)
o The Department of Social Welfare and Development in the filing of

petitions for the involuntary commitment of minors, as well as in the filing
for the declaration of abandonment or neglect of a child ; (Based on
directive of the Minister of Justice Neptali Gonzales dated February 10,
1987)
o Indigent laborers in labor cases; (Based on Memorandum Order dated

May 19, 1988 of the Secretary of Justice)

Introduction
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o Agrarian reform farmer beneficiaries who have agrarian-related civil or

criminal cases pending before the courts; and those beneficiaries with
pending cases before the Department of Agrarian Reform Adjudication
Board (DARAB) where one of the parties is represented by a DAR lawyer
(Based on DOJ-DAR Memorandum of Agreement dated May 8, 1991)
o Department of Agrarian Reform (DAR) legal counsels who have been

subjected to criminal and administrative complaints in connection with the
performance of their duties;
o Qualified overseas contract workers in all cases within the exclusive

jurisdiction of the Philippine Overseas Employment Administration
(POEA); (Based on a Memorandum of Agreement among PAO, DOLE,
POEA, OWWA and some NGOs, dated April 2, 1993)
o Barangay Health Workers; (Section 16. Rule II and Part 5, Rule VII of the
Implementing Rules and Regulations of RA 7833)
o Immediate family members and relatives within the 4th degree of

consanguinity of the PAO lawyer. (Memorandum Circular No.1, s.1998,
dated February 20,1998)
o PAO-National Labor Relations Commission (NLRC) MOA – establishing

a PAO sub-district office at the NLRC to assist indigents on their labor
problems
o PAO-Presidential Action Center (PACE) MOA – for immediate response

to the needs of the low-income sector who seek the Office of the President
through PACE for legal assistance
Performance in Regular Services

Introduction
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On the average, these are the number of pending cases handled by the PAO is shown
in Table 2.3. The pending criminal cases per month are increasing over time. The
standard deviation value of the pending criminal cases starts at 162 in year 2000 and
climbs to 220 in year 2002. This means there may be a month when pending criminal
case total would reach 373 cases.
Table 2.3
Average number of pending cases (on trial) of the PAO
2000 2001 2002

Pending Criminal Cases 120 143 153
Pending Civil Cases 24 31 32
Pending Admin Cases 6 7 6
Pending Labor Cases 19 24 25
In contrast, the terminated cases comprise only 8-15% of pending total for
criminal cases. Civil case termination has a better percentage average at 16 –29% of
pending total for civil cases. The average number of pending administrative cases seems
to be well under control since termination can reach a high of 50% of the pending
administrative cases, while over time the speed for terminating pending labor cases are
falling behind at 20%.
Table 2.4
Average Number of Cases Terminated
2000 2001 2002

Terminated Criminal Cases 26 10 21

Introduction
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Terminated Civil Cases 7 5 6

Terminated Admin Cases 3 3 3
Terminated Labor Cases 3 4 5
The termination of cases is irrespective of who won or lost. As shown in the table,
shows the monthly range of cases won over the three-year study period seems more or
less stable. This bolsters the theory that the PAO has reached peak in the delivery of its
regular services since there is no dramatic change in the number of cases won.
Table 2.5
Range of number of cases won by the PAO
2000 2001 2002

Criminal Cases Won 11-23 11-19 9-21
Civil Cases Won 4-10 4-10 3-9
Admin Cases Won 3-6 3-8 3-7
Labor Cases Won 4-10 5-13 3-7
In fact, it can be argued that the PAO is already operating past its optimal capacity
because in the delivery of its regular services, the cases it has won are horizontally flat.
Table 2.6 dramatically demonstrates the monthly backlog. Of the figures listed
below, Central and Eastern Visayas registered single termination rates at 8.33% and
8.82% respectively. Western Mindanao seems to be worst off at 5.26% with Central
Mindanao not too far behind at 7.65%. CAR fares badly at 6.66%.
More than the termination rates, what should be stressed is the absolute number of
pending cases where Southern Tagalog takes the lead followed by Southern Mindanao,
Central Luzon, Central Mindanao, and Bicol.
Table 2.6

Introduction
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Regular Cases pending and terminated for year 2002
Pending Terminated Termination Rate

Region
Ilocos 119 14 11.76
Cagayan Valley 140 16 11.42
Central Luzon 287 64 22.29
Southern Tagalog 323 50 15.47
Bicol 218 25 11.46
Western Visayas 148 18 12.16
Central Visayas 180 15 8.33
Eastern Visayas 102 9 8.82
Western Mindanao 152 8 5.26
Northern Mindanao 166 41 24.69
Southern Mindanao 309 31 10.03
Central Mindanao 222 17 7.65
CAR 90 6 6.66
CARAGA 96 23 23.95
NCR 137 32 23.35
One thing seems clear in the service delivery component of the PAO -- the
demand is much more than they can handle. The future trend of pending cases
outnumbering terminated cases is certain in the absence of strategic intervention.
For the indigent clients who await the resolution of their cases while in detention,
the rate of termination of cases assures them of a long and uneventful stay behind bars.
Due to the indigents’ ignorance of the court system, inevitably, the PAO will bear the
brunt of their ire leading to the perception that “mahina ang PAO” (PAO is weak.).
Appeals are also on the rise. Bicol Region’s data on pending cases, which were
appealed from MTC to RTC was much smaller in 2000 as compared to 2002. There
was an average of 4 appealed cases per month. By 2002, there was an increase in
appealed cases with a range dispersal of 7 cases. This is indeed burdensome for the
public defenders because besides the clogged dockets, which force them to be
complacent and to wait, it adds on to the pile of work that continuously fall on their
doorstep that they need to address.

Introduction
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Performance in Limited Services
The PAO’s performance in the provision of non-judicial services is indicated by

the number of counseling requests attended by its lawyers, including the preparation of
affidavits, notices and other documents for requesting indigent clients. It includes the
administration of oaths and acknowledgment of documents by lawyers duly
commissioned by the court as notaries public. The agency’s accomplishments in these
activities are shown in the matrices indicating a 100% consistent clearance rate. This is
because the work involved is short and transactional in nature. On the average, the PAO
lawyers’ service workload is 124 cases annually and 10 cases monthly, indicating that
such services do not really represent a significant impact on the workload and work
difficulty or complexity.
It is also important to note the trend in the arraignment assistance provided by the
PAO. There was a decline in the total number accused for arraignment from the year
2000 to the year 2002. The data for the year 2000 shows an average assistance of 26
individual accused. It decreased by an average of 2 accused by 2001 and by 2002.
Performance in Instant Services- Oaths Administered
Oaths administered for administrative cases are falling. The trend is downwards. The
downward trend is also found in the oaths taken at the Prosecutor’s offices. However,
the oaths in civil cases are swinging upwards. From an average of 22 oaths in year
2000 to almost double the number in year 2001 as well as the more than 20% increase
in the standard deviation value, meaning the numbers are going up. Oath taking, on
the other hand can take as quick as 1 minute to accomplish. It is not certain whether
this is actually a good performance indicator to monitor.

Introduction
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Table 2.7
Instant Services – Oaths Administered
2000 2001 2002

Total no. of Oaths Mean 166.27 Mean 190.41 Mean 151.82
administered Std. Dev. 511.82 Std. Dev. 593.42 Std. Dev. 435.58
Median 52.00 Median 75.00 Median 55.00
Total no. of Oaths in Mean 26.07 Mean 43.24 Mean 57.59
criminal cases Std. Dev. 19.03 Std. Dev. 56.11 Std. Dev. 89.95
administered Median 24.00 Median 28.00 Median 23.50
civil cases Std. Dev. 15.60 Std. Dev. 59.69 Std. Dev. 88.20
administrative cases Std. Dev. 41.13 Std. Dev. 84.15 Std. Dev. 58.43
Prosecutor’s Office Std. Dev. 31.81 Std. Dev. 18.99 Std. Dev. 32.06
cases administered Median 53.50 Median 20.00 Median 17.00
labor cases Std. Dev. Std. Dev. 11.79 Std. Dev. 33.66
Performance in Instant Services – Documents Prepared
It is interesting to note that in a high urbanized region such as the NCR region, the levels of documents prepared by the PAO
lawyers on a monthly basis do not show any dramatic ups and down from year 2000 to 2002. The median is at 30 documents in
year 2000, slightly dips to 28, and then goes back to 30.
However, when we consider a much less urbanized region like Central Luzon, the
demand for document preparation is at least 300% more! The trend is even going up
during the same time series period.

Introduction
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Table 2.8
Instant Services – Documents Prepared, National Capital Region
2000 2001 2002

NCR
Total no. of case Mean 42.82 Mean 43.91 Mean 42.39
documents prepared Std. Dev. 44.73 Std. Dev. 41.58 Std. Dev. 43.44
Total no. of Mean 24.54 Mean 29.42 Mean 26.71
in criminal cases Median 16.00 Median 16.00 Median 15.00
in civil cases Median 6.00 Median 7.00 Median 5.00
in administrative Median 3.00 Median 3.00 Median 3.00
cases
Total no. of Mean Mean 11.51 Mean 11.81
documents prepared Std. Dev. Std. Dev. 15.13 Std. Dev. 18.55
in Prosecutor’s Median Median 5.00 Median 5.00
Office cases
Total no. of Mean Mean 7.51 Mean 7.28
documents prepared Std. Dev. Std. Dev. 11.04 Std. Dev. 8.29
in labor cases Median Median 4.00 Median 4.00
The demand also for such documents can swing dramatically at any month because of
the huge standard deviation values, meaning in the Central Luzon region there could
be a month in year 2002 when the total number of case documents prepared can hit
970. The figures also show that it is just possible that in the same given month more
than 500 of those cases documents are civil cases.

Introduction
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Table 2.9
Instant Services – Documents Prepared, Central Luzon
2000 2001 2002

Central Luzon
Total no. of case Mean 376.92 Mean 439.79 Mean 410.44
in criminal cases Median 78.50 Median 100.00 Median 120.00
in civil cases Median 48.00 Median 50.00 Median 50.00
in administrative Median 270.00 Median 298.50 Median 280.00
cases
in Prosecutor’s Median 58.00 Median 20.00 Median 20.00
Office cases
in labor cases Median 47.00 Median 68.00 Median 76.00
Another highlight of this two tables are the amount of documents demanded in labor
cases in Central Luzon (increasing median), which is 25 times more than the demand
in the NCR region. The figures makes sense if the demand for documents in labor
cases in the NCR are more absorbed by other entities like labor unions thus
decreasing the reliance on the PAO.
While admiration can be heaped upon for the Central Luzon region for producing
such an output, it should be noted that these outputs are done practically in manual
fashion, in which case, these items consume a lot of time. As time eaters, they
compete for the limited time of the PAO lawyers.

Introduction
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Performance in Mediation and Conciliation
In the Mindanao regions, the total number of disputes handled for mediation is
significantly less than the regions of Luzon. In Southern Tagalog, it would be an average
of 154 disputes with a large standard deviation value of 615 while in Southern Mindanao,
it would be 23 with a very small standard deviation value of 16 for the year 2001. In 2002,
Central Luzon region would have a mean of 510 while Central Mindanao would have
only 19.
From the figures, it is apparent that a growth area for mediation and conciliation
is the Mindanao regions. Whether it is the capacities of the PAO lawyers or the culture of
the people in the area to distrust the PAO as a mediator that provides a low statistical data
is yet to be determined. Nevertheless, if justice is correlated to peace, this area should be
red flagged.
Performance in Outreach activities – Clients Assisted During Custodial Interrogation
The trend is decreasing significantly. The monthly mean and standard deviation
value are falling. From an average of 19 clients in 2000, it would slide to 15 in 2002 with
the top range decreasing from 131 to 60 during the same period. Is evidence being
gathered among the poor increasing without the benefit of the presence of a lawyer? Or
are the interrogators like the Bureau of Jail Management and Penology informing the
PAO less when their subjects are indigent?
Dialogues are in order with the agencies that conduct custodial interrogations
since the data shows less agency-to-agency cooperation. However, the Southern Tagalog
region is an exception as it marginally improves its assistance during custodial
interrogation. Table 2.10 shows the region’s performance.

Introduction
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Table 2.10
Number of clients with criminal cases assisted during Custodial Interrogation
Region 2000 2001 2002

Ilocos Mean 37.28 Mean 19.64 Mean 17.08
Std. Dev. 78.36 Std. Dev. 46.49 Std. Dev. 35.78
Central Luzon Mean 25.47 Mean 45.00 Mean 42.22
Southern Tagalog Mean 44.58 Mean 51.96 Mean 61.58
Bicol Mean 23.00 Mean 9.43 Mean 5.59
NCR Mean 5.81 Mean 3.91 Mean 4.70
Performance in Jail Visitation
Looking at the trends, as a whole the PAO lawyers are actually increasing jail visits.
From an average of 24 prisoners in year 2000 to 32 prisoners in 2002 is a 33%
increase. This outreach must be seen in a positive light because their heightened
visibility increases their profile of being pro-poor.
Table 2.11
Jail Visitation – Number of Prisoners Provided Assistance
2000 2001 2002

prisoners provided Std. Dev. 24.91 Std. Dev. 35.26 Std. Dev. 35.60
assistance Median 14.50 Median 20.00 Median 14.00
prisoners in criminal Std. Dev. 30.11 Std. Dev. 39.21 Std. Dev. 45.30
cases provided Median 15.00 Median 15.00 Median 18.00
assistance

Introduction
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Table 2.11 shows that the most number of prisoners who were provided legal
representation were in Central Luzon with a monthly average of 58.06 while CAR
region has a monthly mean of 7.75. Not only did the Central Luzon PAO offices
provided the most number of legal representations but it also conducted the most
number of prisoner interviews with an average of 50.21 cases monthly with a
standard deviation of 45.90.
Table 2.12
Performance in Jail Visitation – Legal Representation, 2002
Total No. of Prisoners Total No. of Prisoners

Total No. of Prisoners
with Criminal Cases with Civil Cases
Region provided with Legal
provided with Legal provided with Legal
Representation
Representation Representation
Ilocos Mean 10.10 Mean 19.17 Mean 14.75
Cagayan Valley Mean 17.27 Mean 7.30 Mean 4.00
Std. Dev. 29.37 Std. Dev. 4.84 Std. Dev. -
Central Luzon Mean 58.06 Mean 60.80 Mean
Std. Dev. 56.89 Std. Dev. 66.97 Std. Dev.
Southern Tagalog Mean 27.18 Mean 20.25 Mean 19.14
Bicol Mean 24.52 Mean 22.71 Mean 25.00
Western Visayas Mean 47.40 Mean 32.76 Mean
Central Visayas Mean 11.28 Mean 8.10 Mean 2.00
Std. Dev. 8.93 Std. Dev. 5.84 Std. Dev. -
Eastern Visayas Mean 13.44 Mean 16.40 Mean
Western Mindanao Mean 17.75 Mean 14.09 Mean
Northern Mindanao Mean 27.78 Mean 13.30 Mean
Southern Mindanao Mean 18.76 Mean 39.83 Mean 4.00
Central Mindanao Mean 17.96 Mean 22.78 Mean

Introduction
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CAR Mean 7.75 Mean 6.00 Mean

CARAGA Mean 18.92 Mean 18.00 Mean 7.00
NCR Mean 27.43 Mean 26.15 Mean 12.50
It also holds true with the average prisoners interviewed in the conduct of jail visits.
Central Luzon has an average mean of 50.21 with the standard deviation of 45.90. It
shows that it is 29 prisoner interviews higher than that of NCR.
Table 2.13
Performance in Jail Visitation – Prisoners Interviewed, 2002

Region Interviewed
with Criminal Cases
Interviewed
Ilocos Mean 7.17 Mean 17.28
Std. Dev. 20.19 Std. Dev. 38.43
Cagayan Valley Mean 11.30 Mean 1.85
Std. Dev. 22.64 Std. Dev. 1.13
Central Luzon Mean 50.21 Mean 41.90
Std. Dev. 45.90 Std. Dev. 33.60
Southern Tagalog Mean 18.11 Mean 17.33
Std. Dev. 32.79 Std. Dev. 17.64
Bicol Mean 12.28 Mean 11.29
Western Visayas Mean 13.57 Mean 12.63
Std. Dev. 10.05 Std. Dev. 15.58
Central Visayas Mean 9.69 Mean 5.28
Eastern Visayas Mean 6.02 Mean 6.85
Western Mindanao Mean 7.53 Mean 8.14
Northern Mindanao Mean 19.74 Mean 14.33
Southern Mindanao Mean 7.72 Mean 7.33

Introduction
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Central Mindanao Mean 9.48 Mean 11.56
CAR Mean 3.75 Mean 3.28
CARAGA Mean 9.79 Mean 11.22
NCR Mean 21.93 Mean 24.15
Std. Dev. 27.41 Std. Dev. 29.40
Performance in Women Clients
One of the more significant analyses of the secondary data for women clients
involved in new cases is the fact that the Southern Tagalog region tops the list with
double figures whereas the other regions maintain single digit values across the three-
year period. In 2001, it received an average of 30 women clients while the next
closest region, which is the CAR would only have 12, the rest have only 3 to 5 new
women clients. For year 2002, in the Southern Tagalog region, the women clients
involved in new criminal cases would be 20 on a monthly basis reaching up to 47,
CAR, on the other, would have only 1.
The average total of women clients handled would have an average of 83 and 72
cases for year 2001 and 2002 respectively for Southern Tagalog.
Since there is an unusual demand in this region, adjustments in the PAO are in order
to receive the growing population of women clients. Special trainings can be devoted
to the Southern Tagalog region to make it more sensitive and attentive to the needs of
the women clients.
Performance in Youth Offenders
Northern Mindanao region sticks out in 2001 for having the most number of
youthful offenders involved in new criminal cases. During this period, there would be a
26 to 90 minors per month. This is in sharp contrast even with nearby Mindanao regions

Introduction
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such as Southern Mindanao, which would only have 5 or even Central Mindanao, which
would have only 1. While the numbers would fall in 2002 for Northern Mindanao to an
influx of 5 to 11 minors per month, they still lead the list in the south.
In Luzon, Central and Southern Luzon have large minor populations involved in
new criminal cases. Southern Luzon would post an average of 26 to 60 minors per month,
with Central Luzon posting 10 to 26 minors per month for the year 2002.
It is unclear whether there is a special juvenile unit in these three regions. The
data presents an opportunity area for the PAO Central Office to provide more trainings to
the PAO in the area regarding the appropriate psychological approach in handling kids.
While the origins of crime are complex, the growing involvement of the youth in these
areas bears looking into.
Systems
Pleadings, replies, petitions, complaints, answers which need to be filed in lower

courts, quasi-judicial bodies, and other administrative offices can be signed off by the
attending lawyer and co-signed by either the District Public Attorney, Regional Director
or designated senior lawyer in the regional offices. In the Central Office, the Division
Chief or his designate can co–sign the document. The relative ease by which approvals
are made has made the decentralized units quicker in engaging the judicial and quasi-
judicial bodies.
Transfers of cases from one lawyer to another are made upon the approval of the head
of the unit. For cases to be appealed, the district office undertakes an evaluation of the
cases for merit prior to allowing the designated lawyer to prepare and sign a Notice of
Appeal that is to be co-signed by the district head. The notice together with the case
file is then forwarded to the Central Office to be handled by the SAC Division. This
system is followed for cases to be brought to the Court of Appeals as well as to the
quasi-judicial bodies.

Introduction
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However, in certain cases, PAO accepts or handles cases provisionally pending

verification of the applicant’s indigency and evaluation of the merit of the case. PAO
categorizes these interventions as “limited services,” which include arraignment, pre-
trial and promulgation of decision/judgment.
While the individual lawyers prepare individual monthly reports, it doesn’t seem to
feed into an integrated management information system. Filing has been done on a
manual basis, and practically dumped into a closet room.
The PAO Central Office does not have a computer-based management information
system. In fact, most of its computer hardware is severely limited. It still is running
on a Windows 95 program, which will be unable to read the encoded data of the
performance reports of all its PAO lawyers. If the situation at the Central Office is
behind in technology, the more it is in the provinces.
Performance indicators must be thoroughly reviewed and standards set. At present, no

one knows what the acceptable termination rates of cases are before them, and yet,
that is central to their mission. The use of accumulative data like total number of
cases handled are meaningless if they are not tied up to efficiency values.
In view of the lack of performance indicators, a meritocracy system of rewarding

performance is also lacking. This may be due to resources, but there are also non-
material ways for recognizing outstanding performances other than longevity of stay.
The psychological rewards of serving the poor should not be enough, and the theory
of rewarding good work with more work are measures that will push good PAO
lawyers to seek other opportunities in other agencies.
Resources

Introduction
________________________________________________________________________
Limited and obsolete equipment and facilities hamper the PAO from fully utilizing
technology as a partner. Technology can actually assist the PAO district offices
speed up the pace of paperwork. Forms can be in templates, research for most
common cases such as those drug related can be made available for everybody to
peek in for their research. Presently, it is a tool not being used on office- wide. We are
not even discussing the benefits of internet technology to help the PAO lawyers be
more efficient.
As an agency heavily dependent on the national budget allocation where salaries,

and overhead eat nearly 80% of their budget, the PAO is limited in investing in items to
do better service.
The effect of a limited budget for miscellaneous fees definitely limit the quality of
service of given to the poor. Unless part of the recruiting standards of the PAO staff
are due to their linguistic abilities, the table below shows that 90% of all PAO do not
use interpreters in dealing with their clients.
Table 2.14
Island Groupings By Use of Budget for Interpreter Services
Yes No Total
Island Group
Luzon 11 66 77
Visayas 5 54 59
Mindanao 2 39 41
NCR 7 65 72
While the Department of Budget and Management (DBM) may constantly trim
away at increased budget requests, the PAO has not been able to mobilize a great part of
resources available outside the government system. Resources does not always mean
money, it may also mean volunteer labor, non-governmental participation in certain areas
of its service delivery, seeking donations from philanthropists and corporate sponsors for
tools and equipment.

Introduction
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The absence of a resource mobilization unit or assignment of regular duties to a

staff unit has increased the dependency on national government for the PAO needs. So
the process for preparing the budget for presentation to DBM follows the bureaucratic
route, and because of lack of proper indicators, the allocation of meager resources has
been done on a ratio basis of the spread of its personnel rather than on demand side.
In critical regions where backlogs are piling up, getting law schools, civil society,
even the discretionary funds of congressmen to help out in providing justice for the poor
are largely untapped.
Leadership
The Leadership aspect not only refers to the Chief PAO. Although, she has great
weight in setting the tone of the organization and maintaining a certain culture,
bolstering the culture of work in the organization. This is not a government
organization where most of the employees engage in watching the clock tick to 5.
This is an organization wherein many if not most of the PAO spend their personal
hours for official work.
The regular radio program of the Chief PAO and her ability to move around in
many circles point out to her communicative and diplomatic skills needed by the agency.
Her efforts to communicate to the indigents are worthwhile, but the communication effort
of the leadership must be redoubled, if not more institutionalized because a little
knowledge of the law by the poor goes a long way in managing their expectations about
the PAO and the current justice system. There is a need for a dedicated advocacy and
promotions group within the leadership so that support will come its way outside that of
DBM.
The element of strictness that the Chief PAO exudes permeates down the line and
serves the organization well. Complaints about the PAO from the field by clients or even

Introduction
________________________________________________________________________
judges can be brought to her attention for internal investigation. In this practice, fairness
applies, and PAO lawyers have been reprimanded for slacking off or even suspended.
The PAO has also harped on its social responsibility to create a bond of idealism
among its people. The hymns and pledges written help beef up these themes. The fact
that the bulk of the PAO lawyers are below 40 years old speak of a youthful and
energetic body which will be open to radical organization change if the leadership so
decides.
Policy implementation is also a burden of the leadership. In this regard, policy

reforms that need to be studied due to changing situations in the judicial landscapes
need to be sought out. Studies such as these contribute to a better understanding of the
PAO. Within the PAO, there must be a senior study group as well. There is no lobby
group assembled by the leadership for getting things changed. Much of the limits of
the PAO can be attributed to its core nature. It has no corporate mandate, nor
legislative charter that grants it special autonomy or financial flexibility. In this way,
it is constrained from fulfilling the vision laid out in the Constitution. The present
situation need not be locked in this fashion until desperation occurs with the deluge of
indigents if a more developmental management approach is taken.

Introduction
________________________________________________________________________
4 Policy Recommendations
The application of a developmental and institutional approach towards the study

of judicial reform involves linking initiatives to strengthen legal service delivery systems
with efforts to combat poverty. In recent years, there has been a clamor in development
circles to look beyond conventional income and growth indicators in understanding
poverty (Allen and Thomas 2000). Those seeking to reframe poverty view it as a
situation where people suffer not only from the lack of income but also from the
incapacity to participate in governance and get access to legal services. As part of a
poverty reduction framework, judicial reform and the application of the rule of law will
enable poor people to feel secure and invest in improving their futures. An effective
justice system promotes better livelihood for poor people (Department for International
Development 2002).
The PAO plays a key role in the administration of justice by rendering free legal
assistance to the poor. Contrary to public perceptions, our research indicates that the
PAO is able to provide adequate and affordable access to justice for its poor clients.
However, the PAO has already reached its peak capacity in the face of already
overstretched human and financial resources. Prospects for future expansion is severely
constrained by stiff budget limits. With demand for its services expected to rise even
further in the coming years, the sustainability of its operations is severely challenged. In
this regard, critical interventions are needed in the following broad areas of reform:
1. Governance Reform
The institution of governance reform will strengthen the effectiveness, efficiency,
responsiveness and flexibility of the PAO in serving its poor clients.

Introduction
________________________________________________________________________
Concentrate on core functions

The PAO has to deal with the problem of case overload. This can be remedied
through the rationalization of the agency’s functional mandate. At present, its lawyers
handle a variety of cases, including criminal, civil, and quasi-judicial disputes. Cases can
be more efficiently managed if the PAO will be stripped of its present non-core functions
and concentrate in defending the accused in criminal proceedings. There is a need to
control the multiplication of program beneficiaries.
Pass a law that will institutionalize the PAO as a corporate entity

Currently, the legal mandate of PAO is based on an executive order issued by the
President. The continuity of the office stands on tenuous grounds since it is based on
executive fiat. Hence, there is a need to institutionalize and enshrine through legislation
the duty of the state to defend the human rights of poor citizens with the aid of free legal
counsel.
The new policy will establish the PAO as a corporate and quasi-independent body
with its own charter. It will be imbued with the fiscal authority to raise funds and accept
donations. Vested with the power to raise its own revenues, the agency can generate
resources to offer a competitive compensation package for its employees.
The Chief PAO shall continue to be appointed by the Office of the President with
the rank of Cabinet Undersecretary under the Department of Justice. On the other hand,
the Deputy Chief PAO will be a career position. This will provide a defined career track
for lawyers to choose being public defenders as an attractive professional option.

Introduction
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Devolve direct legal services to local governments
Governance structures within PAO can be improved through the devolution of

direct legal service functions to local government units (LGUs). The LGUs that will
supervise the devolved PAO functions will include the provinces (as hosts of provincial
jails) and cities (as venues of regional trial court proceedings). The PAO central office
will be reduced in size but will have stronger planning, coordination, monitoring, and
information management functions. A caveat, however, must be raised with regard to the
phasing of devolution. Special care must be given to the disruptive effects of devolution
in the short-run such as breakdowns in staff deployment and other personnel mechanisms;
dissipation of resources; lapses in reporting, accountability and quality control procedures.
Efforts must also be made to prevent the possible politicization of PAO.
2. Human Resource Management
The strength of the PAO as an organization will rely substantially on its

commitment to build a highly competitive, competent and professional human resource
base. The agency should continuously engage in capacity-building measures to produce
public defenders attuned to the needs of the poor and the demands of the 21st century.
Review the compensation package

The compensation package for PAO lawyers should be upgraded. While the PAO
lawyers quickly attend to the needs of their clients, their own organization does not
quickly respond to their needs. Offering a good benefits package would encourage the
recruitment of the best and the brightest lawyers into the agency. Hiring and retention
policies will be guided by the principles of meritocracy.
Performance-based pay and incentives should be introduced. The PAO personnel

are promoted and retained on the basis of accomplishing the tasks specified in
performance contracts.

Introduction
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Strengthen performance-based system

The PAO currently monitors performance by requiring its lawyers to submit
individual accomplishment reports on a monthly basis. This is basically a self-reporting
method. Performance monitoring can be enhanced through the adoption of other tools
including peer evaluation and client surveys.
The performance indicators currently used are output-based. The performance

measurement system can be improved by including outcome indicators. Measures of
adequacy, availability, affordability, accessibility, capability, coherence, and flexibility
are important in assessing the quality of access to justice by the poor.
Develop new skills and competencies

Aside from enrolling in continuing legal education programs, the PAO lawyers
need to develop new skills and competencies to be effective in serving their poor clients.
They require training in new performance indicator systems that consider not only
outputs but also the quality of outcomes. They also need to build capacity in conducting
informal mediation as well as in dealing with clients from vulnerable sectors including
children, women, disabled persons, and indigenous people.
In the event that the PAO is transformed into a quasi-independent body with
corporate powers, human resource development strategies should be geared toward
equipping the agency’s personnel with new skills. These will include competencies in
the field of mediation, governance, and new public management.
3. Public-Private Partnerships
The creation of public-private partnerships is crucial in responding to the huge

demand for free legal services. With the proposal for the PAO to limit its legal support to
poor clients in criminal proceedings, other agencies and private law groups are expected
to get involved in non-criminal cases.

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________________________________________________________________________
Promote civil society participation in legal aid provision
If the PAO is to relinquish the authority to accept civil and quasi-judicial cases,
alternative law groups can be deputized to defend the rights of poor citizens who are
charged in non-criminal offenses. The civil society organizations concerned with the
justice sector that can be harnessed include law and bar associations, human rights groups,
and legal aid organizations.
Encourage the use of alternative dispute resolution

Human resource development and capacity building initiatives should be
conducted to transform the PAO into a performance-based agency that is able to respond
to the challenges of the 21st century. Training on alternative dispute resolution
procedures should be accelerated. The strengthening of informal mediation mechanisms
and institutions can lessen the bottlenecks in the court system and improve the conditions
for the delivery of justice for the poor.
Promote transparency and accountability
Civil society and public interest law groups are important in partnering with the
PAO in monitoring the transparency and accountability of the court system. Transparent
and accountable courts are in a better position to uphold the rule of law, discourage
corruption, and give justice to the poor.
The accountability of the agency can also be promoted through the holding of an
annual award program for the best PAO lawyers. This can be hosted by an academic
institute that will help develop indicators for judging the best performers.

Introduction
________________________________________________________________________
Link up with academic institutes in capacity-building efforts
The cooperative between the PAO and academic institutes will be crucial in the
transfer of new knowledge that will help the agency in providing legal services for the
poor.
4. Empowerment of the Poor

The poor are often unable to gain access to justice because of institutional
mechanisms giving them voice and participation in the legal process. There is a need to
develop tools and systems that will empower them to claim their rights and gain access to
justice.
Introduce an indigent card system
The indigent card system will be a tool for accessing the services of a PAO
lawyer. This will foster greater efficiency in the delivery of services for the poor.
Create voice mechanisms for the poor

The legal empowerment of poor citizens is pursued through the creation of
feedback mechanisms. The creation of a report card system is important as a means for
monitoring the performance of PAO lawyers from the perspective of the clients.
Develop a good communications strategy
The production of primers and multi-media material on legal literacy will provide
information on how to access legal services from the agency.
5. Special Programs for the Vulnerable Sectors

Training programs can be customized to respond to the specific needs of
vulnerable sectors and particular regions.

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Provide special attention to vulnerable sectors
There is a need to give special attention to the welfare needs of vulnerable groups
including children, women, indigenous people, and disabled persons.
Improve legal access to the poor in Mindanao

Based on the study, Mindanao is an underserved region. More PAO lawyers with
special training should be deployed in the region to strengthen access to justice for the
poor.

Introduction
________________________________________________________________________
References
Allen, Tim and Thomas, Alan (Eds.) (2000) Poverty and Development. 2nd ed. Oxford:
Oxford University Press.
Aquino, Belinda A. (Ed.) (1994) “Administration of Justice in the Philippines.” U.P.

Assessment Project on the State of the Nation. Quezon City: University of the
Philippines – Center for Integrative and Development Studies.
Department for International Development (2002) “Safety, Security and Accessible

Justice: Putting Policy into Practice.” DFID Issues Paper. London.
Dworkin, Ronald (2000) A Matter of Principle. Ninth Printing. Cambridge: Harvard

University Press.
Feliciano, Myrna S. and Muyot, Alberto, T. The Philippine Criminal Justice System.
PHRD Grant for Judicial Reform Project, Supreme Court of the Philippines. 17 July
2000.
Heywood, Andrew (1994) Political Ideas and Concepts: An Introduction. London: The
MacMillan Press Ltd.
Legada, Ric Tan. (Ed.) (1988) Administration of Justice: Focus on the Poor. Quezon
City: University of the Philippines-Diliman.
Miles, Raymond E. and Snow, Charles C. (1978) Organizational Strategy, Structure and
Process. New York: McGraw-Hill Book Company.
Pollock, Joycelyn M. (1998) Ethics in Crime and Justice: Dilemmas and Decisions
(Third Edition). London: Wadsworth Publishing Company.
Public Attorney’s Office, Public Attorney’s Office 30th Year Anniversary. Quezon City.
25 October 2002
Rawls, John (1971) A Theory of Justice. Massachusetts: Harvard University Press.
Supreme Court of the Philippines, Action Program for Judicial Reform 2001-2006 (with
Supplement). August 2001
1987 Constitution of the Republic of the Philippines.

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________________________________________________________________________
Appendix

Introduction
________________________________________________________________________
2003 National Survey on the Public Attorney’s Office (PAO)

Judicial Reform Program
Supreme Court of the Philippines
In cooperation with the
FINDINGS
Introduction
Access to justice has been one of the most important aspects of delivering social
justice to the poor. It is of primordial concern that we look into the conditions not only of
those availing justice, but also those who are responsible for providing it. This survey
was conducted in order to approximate the conditions and performance of public
attorneys nationwide. The instrument was designed to provide a scientific basis for
looking into the performance and needs of public attorneys in their effort to provide
effective and efficient access to justice by the poor.
Method
This report covers the result of the National Survey on the Public Attorney’s Office
(PAO) that was conducted from April to May 2003. The survey covered 16 regional
offices, 252 district offices and 6 sub-district offices that are strategically located
nationwide. The respondents were requested to answer questions from 11 sections of
the survey instrument. The sections of the instrument are as follows:
1. Staffing
2. Funding
3. Caseload
4. Juvenile Matters
5. Work-related Threats of Assaults
6. Community-related Activities
7. Other Matters related to work
8. Judicial Policies and Laws for the Disadvantaged
9. Attention or Treatment to Basic Sectors
10. Acceleration of Judicial Process
11. Recommendations
Profile of Respondents

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________________________________________________________________________
A total of 398 respondents accomplished the survey form.1 The tables below
provide a profile of the respondents according to sex, age and religious background.
Table 1
Sex profile of respondents
Category Number Percentage
Sex
249 62.6
Male
Female 146 36.7
3
Missing System
Total 398
Table 2
Civil status profile of respondents
Civil Status Number Percentage

101 25.4
Single
Married 280 70.4
Widow 5 1.3
Separated 1 .3
11
Missing System
Total 398
1
There were originally 878 respondents. However, only 398 survey forms were returned prior the cut-off
date for analysis. The rest were considered spoiled and were not included in the computations. (Note:
Nationwide ratio/number of PAO lawyers that are women)

Introduction
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Most of the respondents completed the information required by the instrument

while some did not provide information about their age and civil status. Most of the
respondents are male which comprise 62.6% of the population and the female
respondents comprise the remaining 36.7%. With regard to civil status, Table 2 shows
that there are 101 single PAO lawyers, a majority of 280 married lawyers, and 5
widowers and 1 separated.
Figure 1
Age Profile of Respondents
179
71 76
49
6
24-30 31-40 41-50 51-60 61-70

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Figure 1 indicates that there are 71 PAO lawyers who are in the age bracket between
24 and 30, 179 of them are between the ages 31 to 40, 76 are found between 41 and
50, and from 51 to 60 there are 49 lawyers, and finally, 6 between 61 and 70. This
means that most PAO lawyers’ age range along 36 to 39.
Table 3
Religious Affiliation

328 82.4
Roman Catholic
Protestant 10 2.5
Christian 19 4.8
Seventh Day Adventist 2 .5
Islam 5 1.3
Jehovah’s Witness 2 .5
Presbyterian 1 .3
Baptist 3 .8
Evangelical 2 .5
INC 3 .8

3 .8
Anglican
UCCP 1 .3
Mormon 1 .3
LDS 2 .5
Methodist 1 .3
A/G 1 .3
None 3 .8
11
Missing System
Total 398 100

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Table 3 indicates that the majority of public attorneys are affiliated with Roman
Catholicism (82.4%) and is followed by Christians who are non-sectarian (4.6%) and by
Protestants who constitute 2.5 % while the rest (8.4%) constitute other minor religious
affiliations.
Based on the above figure and tables, the survey instrument provided an
approximation of the ideal PAO attorney whose age range between 31 and 40, married
and is Roman Catholic.
Survey Results
In the succeeding results, you will find different table patterns to accommodate the
factor variables while there are some sections that do not require any quantitative
model. The arrangement was conceived to provide a comprehensive representation of
the information gathered from the respondents.
1. Staffing
Three hundred five out of the 362 respondents2 (80.1%) replied that in the past 12
months, their office encountered problems recruiting new attorneys. The respondents
were asked to identify the primary obstacle in the recruitment of new lawyers and were
given several choices in the instrument, namely: (a) Salary; (b) Workload; (c)
Professional training opportunities; (d) Benefits package; (e) Advancement opportunities;
(f) Non-salary incentives (e.g. loan forgiveness, flexi-time, child care, etc.); (g) Risk
attendant to the job; and (h) Others.
Two hundred sixty-four out of 362 (46%) identified “Salary” as the primary obstacle
for the recruitment of new lawyers while 94 (16.4%) out of 362 identified
“Workload” and the remaining 10.6% identified the insufficiency of “Benefits
Package” of the PAO. None of the respondents identified other obstacles aside from
those indicated in the questionnaire. Table 4 provides the primary obstacles in the
recruitment of new lawyers in the PAO.
2
There were 362 valid cases and 36 missing ones.

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Table 4
Primary obstacle in lawyer recruitment

264 46.0
Salary
Workload 94 16.4
Professional
22 3.8
Opportunities
Benefits package 61 10.6
Advancement
32 5.6
opportunities
Non-salary incentives 30 5.2
Risk attendant to the job 14 2.4
Others 57 10.0
Missing system 36
Total 574 100
From the above obstacles identified, we come to the conclusion that the other choices
are significant information and often overlooked. For instance, it is a widely accepted
notion that PAO is considered as the last resort of employment of lawyers and that it
include in its employ less efficient and less competitive lawyers. We can see from the
data that PAO provides its lawyers more professional opportunities and competitive
benefits package. Only 22 (3.8%) of the respondents considered the lack of
professional opportunities as a hindrance to recruitment as opposed to the top 2
(Salary and Workload). Noting the small number of respondents pointing the
inadequate benefits and the risks involved, it is indeed a false herring to generalize
that such are present.
The respondents were asked to choose among several choices, which they think
will assist them to perform their functions as PAO lawyers adequately. The choices are:

Introduction
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(a) Research aides; (b) Law clerks; (c) Paralegals; (d) Support staffs; and (e)
Administrative staffs. Table 5 indicates the choices of PAO lawyers that would aid them
in rendering legal services to the indigent.
Table 5
Personnel that could assist PAO lawyers in their function

307 33.5
Research aides
Law clerks 180 19.7
Paralegals 181 19.8
Support staffs 167 18.2
Administrative staffs 81 8.8
Missing system 3
Total 916 100
Of the choices, “Research aides” (33.5) was considered the most necessary personnel
that can assist them in the performance of their functions as lawyers while
“Paralegals” come in second of importance (19.8%). This show the necessity of
providing the respondents research aides for adequate breathing workspace
considering the amount of workload they have to attend to. Close to the margin of
the paralegals were “Law clerks” (19.7%), followed by “Support staff” (18.2%) and
“Administrative staff” (8.8%).
2. Funding
The 144 respondents3 were asked to provide the best estimate of their current annual
budget. 13 lawyers (3.3%) estimated their budget at around Php500,000,000.00 and
another 13 (3.3%) estimated Php565,000,000.00. It was followed by 12 lawyers (3.0%)
that estimated Php50,000,000.00. Nine lawyers (2.3%) responded of having
Php400,000,000.00, while seven (1.8%) said they have Php20,000,000.00 and another 7
(1.8%) replied of having Php200,000,000.00. On the other hand, there were 6 lawyers
(1.5%) who said they currently have Php1,000,000,000.00. There were also 20 lawyers
3
398 PAO lawyers returned they survey instrument. However, 254 of them either refrained from giving
the figures or they do not have any working idea about their budget.

Introduction
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who stated they have an annual budget of Php1,000,000.00 (1.3%), Php40,000,000.00

(1.3%), Php100,000,000.00 (1.3%) and Php300,000,000.00 (1.3%). It was followed by
12 lawyers who stated that their budgets were Php5,000,000.00 (1.0%),
Php30,000,000.00 (1.0%), Php524,015,000.00 (1.0%) respectively. The minority of the
other estimates constituted 12% of the remaining lawyers.
Based on these estimates of the annual budget, the respondents were asked about
specific coverage expenses, namely: (a) Staff salaries; (b) Expert services; (c)
Investigatory services; (e) Social services; (f) Child support enforcement; and (g) DNA
testing. Their responses are indicated in Table 6.
Table 6
Budget expenses
Yes No Total
Category
228 25 398
Staff (57.3%) (6.3%) (100%)
salaries
Expert services 37 216 398
(9.0%) (54.3%) (100%)
Investigatory 55 198 398
services (13.8%) (49.7%) (100%)
Interpreter 25 228 398
services (6.3%) (57.3%) (100%)
62 191 398
Social services (15.6%) (48%) (100%)
37 216 398
Child support
(9.3%) (54.3%) (100%)
DNA 25 228 398
Testing (6.3%) (57.3%) (100%)
From the table above, we could see that the category that garnered the most yes
answer as regards budget expense was “Staff salaries” (57.3%). Next in the list of

Introduction
________________________________________________________________________
expenses is spent on “Social services” (15.6%) and is followed by “Investigatory
services” (13.8%), “Child support” (9.0%), “Expert services” (9.0%), and “Interpreter
services” and “DNA testing” (both 6.3%), however, the remaining larger percentage
was devoted to a “No” answer or remain unanswered.
3. Caseload
In this category, the respondents provided the number of cases they handled in the
past 12 months. Table 7 shows that on top of the PAO’s list as regards cases handled,
offenses in violation of the Dangerous Drugs Act is number one. It is followed by
robbery or burglary. Placing third is estafa while other forms of offenses like
homicide, murder, etc. are in close range from the top three offenses mentioned.
Table 7
Number of cases handled
Category Mean Median Std. Deviation
Estafa 17.88 10.00 24.93

Domestic
8.50 .00 25.73
violence
Homicide 15.31 10.00 24.38
Murder 13.22 8.00 20.13
Child abuse 8.30 1.00 21.13
Rape 12.99 5.00 24.18
Bank fraud or
8.73 .00 35.05
theft
Telemarketing
.26 .00 1.29
fraud
Illegal sale/
12.00 5.00 19.40
possession: gun

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Dangerous
48.17 10.00 125.36
Drugs Act
Robbery,
34.98 20.00 53.03
burglary
With regard to the number of cases closed, Table 8 indicates that there is a margin of
0.2% difference between felony and misdemeanor cases with the latter slightly higher.
Table 8
Number of felony and misdemeanor cases closed
Median Std. Dev.

Cases Number Mean
Felony (closed)
372 98.67 45.00 384.57
Misdemeanor
373 35.34 8.00 129.40
(closed)
In matters in which civil, labor and administrative cases are involved, the respondents
were required to answer whether they have handled the cases mentioned above.
Table 9 shows that in civil cases, 372 (93.5%) answered yes and 15 (3.8%) answered
no. In labor cases, 210 (52.6%) said yes, 177 (44.5%) no, while in administrative
cases 246 (61.4%) replied yes and 141 (35.4%) no.

Introduction
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Table 9
Number of cases handled
Cases Yes No Total

372 15 387
Civil (93.5%) (3.8%) (97.3%)
210 177 387
Labor (52.6%) (44.5%) (97.1%)
246 141 387
Administrative (61.4%) (35.4) (96.8%)
In relation to the available data on Table 9, Table 10 shows that 163 (41.0%) of
the respondents stated that 50% of their time is spent on these cases, 147 (36.9%) said
25%, 55 (3.0%) said 10%, while the remaining 12 (3.0%) said it took less than 10% of
their time.
Table 10
Time spent on cases

Time spent:
50% 163 41.0
25% 147 36.9
10% 55 13.8
Less than 10% 12 3.0
21 5.3
Missing System
Total 398 100
4. Juvenile Matters
In this section, the respondents were asked whether they have handled juvenile cases,
as well as the number of juvenile cases handled. Two hundred twenty-eight (57.3%)

Introduction
________________________________________________________________________
stated that indeed they have handled juvenile cases, while 154 (38.7%) said no. All in
all, there are 192 (48.2%) juvenile cases that were handled by the respondents. They
were also asked whether there are specialized units, designated attorneys, or both,
handling juvenile cases and if there are any guidelines made available for those
managing them. 15 (3.8%) of the respondents said that there are units handling such
cases, 223 (56%) said that there are designated attorneys, 143 (35.9%) stated that
there are no designated attorneys or units, and 6 (1.5%) recognized that both units
attorneys are existent.
5. Work-related Threats
In this category, the respondents were asked whether they received any form of
threats during the course of they legal practice. They were given several forms threats,
namely: (a) Threatening letters; (b) Threatening calls; (c) Face-to-face threats; (d)
Battered or assaulted; (e) Other threats.
Apparently, 307 (77.1%) stated that they have not received threats nor were they
assaulted, while 77 (19.3%) said they received threats in one form or another. With
regard to threatening letters, 19 (4.8%) respondents claimed they never received any
and 58 (14.56%) said otherwise. As regards threatening calls, 29 (7.3%) said yes
while 48 (12.1%) said no. With respect to face-to-face threats, 49 (12.3%) said they
experienced it and 28 (7%) said they have not. When it comes to battery, 2 (.5%)
claimed they were battered/assaulted and 75 (18.8%) said they have not experienced
it. Regarding other forms of threats, 12 (3.%) respondents stated they found
themselves in that situation, while 65 (16.3%) said no. Table 11 provides a summary
of the threats received by lawyers.
Table 11
Nature of threats
Category No Total
Yes
Received 77 307
384
Threats/Assaults (19.3%) (77.1%)
Threatening 19 58
321
Letters (4.8%) (14.56%)
Threatening 29 48
321
Calls (7.3%) (12.1%)

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Face-to-face 49 28
321
Threats (12.3%) (7.0%)
Battered or 2 75
321
Assaulted (.5%) (18.8%)
Other 12 65
321
Threats (3.0%) (16.3%)
6. Community-related activities
Table 12
Multiple responses regarding community activities and groups
Category Yes No Missing Total

Community 178 199
21 398
involvement (44.7%) (50.0%)
Geographic 149 228
21 398
assignment (37.4%) (57.3%)
Tools for the 197 180
21 398
community (49.5%) (45.2%)
Other 49 328
21 398
Activities (12.3%) (82.4%)
Table 13
Community group involvement
Community
Yes No Missing Total
Groups
Neighborhood 112 261
associations (28.1%) 25 398
(65.6%)
Tenant 55 318
25 398
associations (13.8%) (79.9%)
Youth service 79 294
25 398
associations (19.8%) (73.9%)
Advocacy 107 266
25 398
groups (26.9%) (68.8%)
Business 29 344
25 398
groups (7.3%) (86.4%)

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Religious 85 288
25 398
groups (21.4%) (72.4%)
School 90 283 25 398
Groups (22.6%) (71.1%)
Other 56 317
25 398
Groups (14.1%) (79.6%)
Probing on the extent of interaction of PAO lawyers with communities in order to

ascertain crime, problem areas, as well as the means of addressing them, the
respondents were asked to answer, “Yes” or “No,” if they had conducted any of the
following activities. Table 12 shows the multiple responses of PAO lawyers as
regards their interaction with communities and community groups. Consequently,
they were also asked whether they meet regularly several types of community groups
or organizations as indicated in Table 13.
7. Other Matters Related to Work
When the respondents were asked if they engage in plea-bargaining, 371 (83.2%)
responded yes while 18 (4.5%) said no. When asked how long they intend to stay in
PAO, only 1 (3%) replied that he/she would stay in less than a year, 97 (24.4%) will
stay in 1 to 3 years and another 135 (33.9%) for 4 to 6 years. On the other hand, 38
(9.5%) lawyers replied that they would stay for 7 to 9 years and 118 (29.6%) claimed
they would stay for 10 years and more.
Table 14
Ranking of improvement suggestions
Ranking
Category st
1 2nd 3rd
Higher 161 48 27
salary (40.5%) (12.1%) (6.8%)
Additional 16 45 49
staff (4.0%) (11.3%) (12.3%)
Additional 27 60 32
equipment (6.8%) (15.1%) (8.0%)
Provide 2 6 7
allowances (.5%) (1.5%) (1.8%)
More 7 22 42
seminars (1.8%) (5.5%) (10.6%)
Additional 63 54 30

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lawyers (15.8%) (13.6%) (7.5%)

Provide 6 42 14
benefits (1.5%) (10.6%) (3.5%)
70 96 135
(20.6%) (24.8%) (34.4%)
Others
The respondents were also asked to rank their suggestions on how to improve their
services and they were in a consensus that providing a higher salary would give them
incentives to improve their operations. Second in their list is a provision for
additional staff and third is additional equipment.
They were also asked if they have enough time to study their cases, 151 (37.9%) out
of 383 (96.2%) replied yes, while 232 (58.3%) said no. There were 15 (3.8%)
respondents who did not provide information regarding this question.
With regard to the benefits provided by the PAO, the respondents were asked to
rate several benefits, namely, (a) Paternity; (b) Maternity; (c) Health; (d) Insurance; (e)
Accident; (f) Bonus; and (g) Vacation, into “Sufficient”, “Fairly sufficient”, and
“Insufficient.” The table below provides they rating.
Table 15
Rate of benefits provided by the PAO
Category Sufficient Fairly Sufficient Insufficient

46 144 124
Paternity (11.6%) (36.2%) (31.2%)

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54 140 91
Maternity (13.6%) (35.2%) (22.9%)
19 104 251
(4.8%) (26.1%) (63.1%)
Health
18 91 258
Insurance (4.5%) (22.9%) (64.8%)
13 63 279
Accident (3.3%) (15.8%) (70.1%)
18 99 264
Bonus (4.5%) (24.9%) (66.3%)
42 157 172
Vacation (10.6%) (39.4%) (43.2%)
Table 16
Benefits lawyers want to see in the PAO

15 3.5
Enrollment with HMO
Bonus 7 1.7
Insurance 4 .9
Provide additional 50 11.8
allowance
Provide additional Staff 4 .9
Higher salaries 115 27.1
Others 209 57.5
The respondents were asked what possible benefit they want to see in the PAO
and most of their response leads to a higher salary scale. It was followed by the
enrollment with HMOs.
Regarding the satisfaction of the respondents during their work in PAO, they were
asked to rate it from 1 to 5 with 5 being the highest. 164 (41.2%) of the respondents
gave their office a rate of 4 and is followed by 116 (29.1%) who gave it a score of 3.

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Another 91 (22.%) gave a rate of 5, 12 (3.0)% gave a 2, and the remaining 6 a rate of
1 (1.5%).
As regards out-of-pocket expenses, most of the respondents were in unison that they
indeed shelved out a portion of their salary to accommodate the needs of their clients.
Most these were spent on transport expenses (78.1%) of their clients and
photocopying (89.4%) for their clients. However, most of these expenses are not
reimbursable (91%) (See table below).
Table 17
Out-of-pocket expenses
Category Yes No Missing Total

Out-of-pocket 378 15 5
398
expenses (95.0%) (3.8%) (1.3%)
Food expenses 136 242 20
398
for clients (34.2%) (60.8%) (5.0%)
Photocopying 358 22 20
398
for clients (89.4%) (5.5%) (5.0%)
Transport 311 67 20
398
expenses for (78.1%) (16.8%) (5.0%)
Other
139 239 20 398
expenses for
(34.9%) (60.1%) (5.0%)
clients
Allowed to 22 362 14
398
reimburse (5.5%) (91.0%) (3.5%)
Table 18
Number of times declined cases

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6 1.5
Never
1-5 times 294 73.6
6-12 times 50 12.6
More than 15 times 25 6.3
Missing system 23 5.8
23 100
Total
When asked whether they have declined legal assistance and for how many times,
294 (73.6%) replied that they had, at least 5 times. 50 (12.6%) claimed to have
declined between 6 and 12 ratios while the rest either never (1.5%) at all did they
decline assistance or they did more than 15 times (6.3%).
The respondents provided valid reasons for declining and the highest ratios were the
disqualification of the applicant/s (58.3%), or in other words, they did not meet the
indigency test or that their case has no merit (22.6%).
Table 19
Reason for refusing to render legal aid

273 58.3
Not qualified/not indigent
Not meritorious 106 22.6
Others 89 18.8
Missing system 19
Total 379 100
8. Judicial Policies and Laws for the Disadvantaged
The respondents were required to assess the degree of available judicial policies and
laws for the disadvantaged. They were asked to categorize their answer by stating

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whether they “Strongly Agree,” “Agree,” “Disagree,” “Strongly Disagree,” and

“DK” that there are sufficient existing laws and adequate policies. The choices tried
to look into the kind of treatment their indigent clients received.
Table 20
Availability of policies and laws for the disadvantaged
Strongly Strongly Missing

Category Agree Disagree DK Total
Agree Disagree System
Sufficient 25 219 116 39 2
398
laws (6.3%0 (55.0%) (29.1%) (9.0%) (.5%)
Adequate 32 237 92 32 2 3
398
policies (8.0%) (59.5%) (23.1%) (8.0%) (.5%) (.8%)
Indigents’ 22 134 168 62 10 2
398
preference (5.5%) (33.7%)1 (42.2%) (15.6%) (2.5%) (.5%)
Reasonable 29 260 63 38 5 3
398
schedule (7.3%) (65.3%) (15.8%) (9.5%) (1.3%) (.8%)
9. Attention or Treatment to Basic Sectors
The same procedure in section 8 was used here. The respondents were asked if
enough attention is being given to their clients and how the courts and personnel
treated them.
Table 21
Attention to basic sectors

Fair
54 268 55 15 1 5
treatment by 398
(13.6%) (67.3%) (13.8%) (3.8%) (.3%) (.3%)
Judges
Fair
36 256 78 19 3 4
treatment by 398
(9.5%) (64.3%) (19.6%) (4.8%) (.8%) (1.0%)
personnel
Reasonable
32 216 106 31 3 10
time to 398
(8.0%) (54.3%) (26.6%) (7.8%) (.8%) (2.5%)
conference
Opportunity 68 269 43 9 2 7
398
to (17.1%) (67.6%) (10.8%) (2.3%) (.5%) (1.8%)

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comprehend ..
Separation of
33 149 124 71 14 7
juvenile 398
(8.3%) (37.4%) (31.2%) (17.8%) (3.5%) (1.8%)
offenders …
Overstaying
68 173 108 22 18 9
detainees in 398
(17.1%) (43.5%) (27.1%) (5.5%) (4.5%) (2.3%)
jails
Non-
27 230 91 34 9 7
discrimination 398
(6.8%) (57.8%) (22.9%) (8.5%) (2.3%) (1.8%)
in access …
Fair
42 274 55 15 2 10
treatment 398
(10.6%) (68.8%) (13.8%) (3.8%) (.5%) (2.5%)
from courts
Availability of
28 248 78 15 16 13
court 398
(7.0%) (62.3%) (19.6%) (3.8%) (4.0%) (3.3%)
interpreters
Court
26 255 80 19 11 7
personnel 398
(6.5%) (64.1%) (20.1) (4.8%) (2.8%) (1.8%)
courtesy
10. Acceleration of Judicial Process
In this section, the respondents were asked how expedient the judicial procedures are.
This section of the instrument tried to look into the disposition of cases, whether court
dockets are clogged, and if there are enough judges handling the cases and if court
personnel are knowledgeable on their tasks and responsibilities.
Table 22
Acceleration of judicial process

Slow
6 67 245 66 3 11
disposition 398
(1.5%) (16.8%) (61.6%) (16.6%) (.8%) (2.8%)
of cases
Clogged 189 179 21 3 6
398
dockets (47.5%) (45%) (5.3%) (.8%) (1.5%)
Not
155 175 53 7 1 7
enough 398
(38.9%) (44.0%) (13.3%) (1.8%) (.3%) (1.8%)
judges

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Court
19 118 222 23 9 7
personnel 398
(4.8%) (29.6%) (55.8%) (5.8%) (2.3%) (1.8%)
not …
11. Recommendations
This part of the instrument looks into the various suggestions and recommendations
of the respondents on how to better improve the services, client relations, and
methods for legal representation. They were asked to rank their choice according to
the degrees made available in the previous section. Table 23 provides the answers of
the respondents to this query.
Table 23
Recommendations

Involvement
62 213 82 34 1 6
in legal 398
(15.6%) (53.5%) (20.6%) (8.5%) (.3%) (1.5%)
strategy
Exemption
230 159 6 1 2
from court 398
(57.8%) (39.9%) (1.5%) (.3%) (.5%)
fees
Traditional
152 208 24 1 8 5
methods of 398
(38.2%) (52.3%) (6.0%) (.3%) (2.0%) (1.3%)
dispute…
Enter
64 231 91 4 4 4
compromise 398
(16.1%) (38.0%) (22.9%) (1.0%) (1.0%) (1.0%)
agreements
Laws and
176 214 5 1 2
issues 398
(44.2%) (3.8%) (1.3%) (.3%) (.5%)
awareness
Continuous
278 110 7 1 2
legal 398
(69.8%) (27.6%) (1.8%) (.3%) (.5%)
education

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Required
264 103 22 6 3
Pro Bono 398
(66.3%) (25.9%) (5.5%) (1.5%) (.8%)
cases
Legal aid
259 123 7 6 3
clinics in 398
(65.1%) (30.9%) (1.8%) (1.5%) (.8%)
law schools

Introduction
________________________________________________________________________
2003 Study on the Public Attorney’s Office (PAO)

FOCUS GROUP DISCUSSION (URBAN)
Introduction
The urban focus group discussion (FGD) with PAO clients was conducted on 09
May 2003 at the Manila City Jail. The participants in the FGD were all inmates at the
Manila City Jail (MCJ). Seven randomly selected inmates, out of a total of 4,500 inmates
detained at the MCJ, were asked to join the researchers and respond to questions
pertinent to the legal services provided by PAO lawyers. The research team that
conducted the FGD was composed of Rudy Santos (National Institute for Policy Studies),
Lem Cacho (La Salle Institute of Governance) and Jojo Roxas (La Salle Institute of
Governance).
The FGD employed a semi-structured questionnaire, which focuses on four areas,

namely: Awareness of PAO legal assistance, Case Management, Clientele Satisfaction
and Costs of Litigation. These areas were designed to determine the perception of a PAO
client vis-à-vis the services provided by PAO lawyers and how these services affect their
lives as citizens. This FGD is one of two FGDs to be conducted in the study. The other
FGD delves on the perception of PAO clients towards the services provided by PAO
lawyers in the rural areas. Hence, this report covers only a summary of the urban FGD
and the findings obtained from the discussion with the PAO clients.
Methodology
The focus group discussion (FGD) is an essential data-gathering tool utilized in
social science research. It is most useful in probing particular topics with individuals
representing different sectors and constituencies. This study employs FGDs among

Introduction
________________________________________________________________________
selected current clients of the Public Attorney’s Office. The participants were all inmates
held in custody at the Manila City Jail. As mentioned above, the respondents were asked
to answer a set of questions, categorized in specific topics designed to ascertain the
perception of these clients toward the legal services provided by PAO lawyers. Below is
the schedule of questions used in the FGD with urban PAO clients.
Awareness of PAO Legal Assistance
1. How did you know about the legal assistance provided by the Public
Attorney’s Office?
2. What made you decide to get the PAO’s assistance instead of other legal
firms?
Case Management
3. What is the case represented by your public attorney?

4. How many years was your case heard before it was declared a closed case?
(If the case is still being heard, please state the reasons for the delay.)
5. For those who have/had juvenile cases, were there any specialized units or
designated attorneys that represent such cases?
6. Are there written guidelines about defending juveniles in criminal court?
7. Were you able to talk or approach your public attorney outside of your
usual appointments with him/her? Please describe such
circumstance(s) and frequency.
(Probe into how clients get access to public attorneys. Determine also how
difficult or easy it is for a client to get legal services from the PAO.)
8. Describe how your public attorney handles/ handled your case.
(Determine how public attorneys handle cases of participants, e.g. plea
bargaining. Moreover, discern whether there are instances of cases being
passed from one public attorney to another.)
9. If you were to suggest three (3) things to improve the services of the PAO,
what would these be?
Clientele Satisfaction
10. Are you satisfied with the legal services offered by the PAO? Why or why
not?

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11. What are the usual items of expenses?

12. Describe the adequacy of the legal service provided by the PAO.
13. Was there an instance when a public attorney declined to represent you in
court? What was/ were his/ her reason(s)?
14. Can you freely approach and easily meet with your public attorney?
Costs of Litigation
15. How much did you pay for the legal assistance provided by the PAO?
16. Did you ever employ bribe or grease-money for your case?
17. Have you ever requested money for transportation, photocopying, food, etc
from your lawyer? What was the response to your request?
18. Did you give payments aside from those required for legal assistance?
Preliminary Findings
This part of the report discusses the preliminary findings eliciting out of the
discussion with PAO clients. The findings are categorized per key result area. At the
outset, the perceptions of the participants incline towards the negative more than the
positive as evidenced by the findings stated below.
When asked about their awareness of the legal assistance provided by PAO, all of
the participants said that they had no previous awareness of the services provided by
PAO lawyers. However, all of them also mentioned that the courts do provide them with
lawyers, if in case they do not have enough money to obtain the services of a private
lawyer. When the participants first showed up in court, PAO lawyers were already there
in their defense. All of the respondents were given hearings at the Manila Regional Trial
Court. Implicitly, a discussion with the participants about their preference of PAO
lawyers over private lawyers points out that such is brought about by a dearth of financial
capability in order to afford the services of the latter.
Case Management

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The cases of the participants being handled by PAO lawyers are as follows: act of
lasciviousness, violations of the Dangerous Drugs Act (DDA), murder, robbery and
robbery with hold-up, and kidnapping. Apparently, none of the participants have their
case closed, and, worse, most of the respondents were not given hearings for some period
of time. Two of the respondents have different stories to tell. One participant said that
he has no problems with PAO as his hearings continue to transpire. His case is robbery.
On the other hand, the other respondent, a Taiwanese tourist in the Philippines allegedly
framed-up for possession of drugs, has yet to attain the services of PAO lawyers. He has
been requesting for a lawyer for seven months now. However, he was only able to speak
with paralegals, promising him of a lawyer by May or June this year. He has been
detained at the MCJ since July 2000.
The postponement of hearings and the delay in the provision of legal services by PAO
lawyers contribute to the prolonged stay of the inmates. One participant, the one who
committed the act of lasciviousness, has been detained at the MCJ since 1996. This
story also goes the same for the other respondents who have experienced a
postponement of their hearings in court. These participants have no way of following
up their cases or hearing schedules other than their seldom meetings with their
respective PAO lawyers. On a separate instance, we found out with paralegal
officials of the MCJ that PAO lawyers have provided a schedule of their visits in the
penitentiary to talk with their clients. However, this schedule is not met. The clients
continue to wait for their hearings while held in custody inside prison walls.
However, during fortunate times of hearings where the participants are brought to
the RTC from the MCJ, the clients can freely approach and discuss their cases with their
lawyers. Unfortunately, after they were given their respective hearings and are brought
back to jail, they do not have any other means of communication with their lawyers, aside
from the rare visits. Meetings between client and lawyer in court are the only formal
meetings. The participants mentioned that they do not hear something from their lawyer
until the next hearing schedule.
Another experience common among the participants is the change of their PAO
lawyers. The PAO lawyers of most of the respondents are changed as surprising as they
are introduced to the client. Some of the participants have already had two to four

Introduction
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lawyers handling their case. The reasons they cited for the change of lawyer, as informed
to by the court, are either that the PAO lawyer was promoted, sick or abroad. The
respondents had no way of knowing the change of lawyers except in their next hearing
when they recognize a different lawyer handling their case. While inside prison, the
participants are made to think that the same lawyer is still handling their case.
The respondents were also asked to name three things to improve the services of
PAO lawyers. All of the participants, however, did not directly answer the question.
Instead, all of their responses were geared towards the improvement of the delivery of
justice to them. One of the things that they wanted to improve is the pace of their of their
cases. All of the respondents agree that there is a need to fast track the hearing of cases.
Another thing that they wanted to improve is the procurement of evidence against them.
One respondent perceives the lopsidedness in the judicial system. She argues that she
was detained without ever giving the proper evidence, let alone, gathering her statement
on the case filed against her.
Clientele Satisfaction
When asked whether they are satisfied with the legal services provided to them by
PAO lawyers, one of the respondents replied a negative response. She gives emphasis on
the slowness of the decision on her case. Again, she goes back to the postponement of
hearings and the slowness of the judicial system as the factors that affected her and her
family. Meanwhile, one participant mentions that she is somehow contented with the
legal services provided by her PAO lawyer. She says that her lawyer is approachable
enough and gives her hope on her case.
However, since their lawyers change without their knowledge or consent and that
they have no other way of communicating with their lawyers except during hearings in
court, it is deemed that they cannot fully evaluate their performance. Moreover, most of
the respondents who have had more frequent changes in lawyers do not know the name

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of their lawyer. One respondent said that he has not met with his lawyer. He knows his
PAO lawyer only by face. Up to now, he has not spoken with his lawyer about his case.
Costs of Litigation
Since the legal services provided by PAO lawyers are free, the respondents did
not pay any money to their lawyers. When asked if they give money to their lawyers for
expenses other than that of legal service such as expenses for transportation, food,
photocopying, etc., the participants all responded that they have not given money to their
lawyers for such expenses. On the contrary, sometimes it is the lawyer who provides
money for food to their clients. One respondent shares her experience in giving money to
her PAO lawyer. She wanted to give her lawyer a small amount of money for the latter’s
snack. Her lawyer did not accept her money, saying that it is not allowed. Since then,
she did not attempt to give her PAO lawyer any money for any other purpose.
When asked if they attempted to bribe their lawyer or the judge to expedite their
case, one respondent said “No.” The others did not reply but the researchers assumed
that they had the same reply as well.

Introduction
________________________________________________________________________

FOCUS GROUP DISCUSSION (RURAL)
Introduction
The rural focus group discussion (FGD) was conducted on 23 April 2003 at the La
Union Provincial Jail (LUPJ). The participants in the rural FGD were PAO clients
held in custody at LUPJ. There were seven PAO clients randomly selected out of 345
inmates detained in the provincial jail. These seven clients were composed of five
male and two female participants. The research team that conducted the rural FGD
was comprised of Dr. Julio Teehankee (La Salle Institute of Governance), Chuck
Crisanto (National Institute for Policy Studies) and Rudy Santos (National Institute
for Policy Studies).
The rural FGD employed the same questionnaire used in the urban FGD. The
semi-structured questionnaire probed into several key result areas similar to that of the
latter FGD, namely: Awareness of PAO legal assistance, Case Management, Clientele
Satisfaction and Costs of Litigation. It is to be recalled that the purpose of the FGD is to
determine perception of PAO clients toward the legal services provided by PAO lawyers.
This report covers a summary of the preliminary findings of the rural FGD. This serves
as a comparison of the perception of PAO clients in the urban area as regards the legal
services of PAO lawyers.
Preliminary Findings
This part of the report presents the findings based on the discussions with PAO
clients at LUPJ. In a nutshell, the perceptions of PAO clients in the rural area seem to be
affirmative rather than negative. This is in direct contrast with the opinion of PAO
clients in urban areas.

Introduction
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When asked how they knew about the legal services provided by PAO lawyers,
the respondents replied that they found out the services provided by PAO lawyers only
during their respective courts hearings. The court asked them if they already had lawyers.
When they said none, the courts mentioned that they would be provided one. One
participant mentioned that he was asked by the court to choose between a private lawyer
or a public attorney. He chose the services provided by PAO lawyers because it’s more
convenient. Hiring a private lawyer would take more time and more money. The
researchers further probed into this reply of the respondent. They asked if, had they had
enough money to pay for legal services, the respondents would opt for the services of a
private lawyer or a PAO lawyer. Most of the respondents replied that they would still
avail the services of the PAO lawyer. One of the respondents answered, “Gusto ko pa rin
ng PAO. Magaling din naman. Magaling.” (I still prefer PAO. They’re quite good.
Good.)
Case Management
The cases of the participants being handled by their PAO lawyers are as follows:
rape, murder, robbery, estafa, and violations of the Dangerous Drugs Act. The range of
period of stay of the participants in the FGD is between two years (since July 2000) and
two days (detained on 21 April). All of the cases of the participants are still currently on
trial. None of their cases has been closed. Based on their answers, their hearings are held
quite often. One of the respondents said that his hearings have been held regularly, that is,
twice a month.
The respondents also mentioned that they were able to talk to their PAO lawyers
only during times of hearings in court. Outside of these situations, they do not have any
means of communicating with their lawyers, including following up on their cases. Most
of them mentioned that they have the same lawyer. Two respondents mentioned that they
had the same lawyer, Atty. Edison Bilog. Yet another two of the participants had the
same PAO lawyer. This time it was a certain Atty. Segundo. The remaining three
respondents had their respective PAO lawyers. Interestingly, the participants had certain

Introduction
________________________________________________________________________
recall of the names of PAO lawyers. This may be attributed to a previous knowledge of
the PAO lawyers assigned in a particular branch of the court. This may suggest that there
are only few PAO lawyers rendering legal services. However, it is equally interesting to
note that all of the respondents did not, however, experience being passed from one
lawyer to another. All of the respondents mentioned that they had retention of their PAO
lawyers.
The PAO lawyers of the participants also do not espouse plea bargaining
agreements. They assure their client that they would continue the latter’s case. One
respondent mentioned that his PAO lawyer urged him that we would continue his case
until after the sanctions have been reduced to a more amicable means of settlement.
The participants were also asked to identify some of the changes that they would
like to see in order to improve the legal services provided by PAO lawyers. One of the
respondents suggested that PAO lawyers should make visits to the penitentiary. This
would provide them an update of their case even while detained inside prison walls.
Another respondent mentioned that he would like the trial of cases expedited. The
respondent mentioned that crowded dockets as well as absences of judges and PAO
lawyers accrue to the gradual pace of their cases. Finally, one respondent mentioned that
he wants a one PAO lawyer, one case policy. This would help hasten the pace of their
case in court.
Clientele Satisfactions
When asked if they were contended with legal services provided by PAO lawyers,
the reply of the participants were generally affirmative. They perceive their PAO lawyers
to be approachable despite seldom instances of meetings except during court hearings.
Again, they said their PAO lawyers provide satisfactory legal services. “Magaling yung
abogado ko!” (My lawyer is good!) uttered one participant. The participants were asked
if they would change their PAO lawyer had they been given a change to select another
lawyer from a list of PAO lawyers. Most of the respondents that answered the question
said that they would not change their lawyers. They are generally satisfied with the

Introduction
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services of their lawyers. Changing their PAO lawyer would stifle their case, dragging it
more in the process.
Costs of Litigation
Meanwhile, the respondents were asked about the usual expenses that they make
for their cases. Since the services of PAO lawyers are generally free, the participants had
thought of no other expense that they paid out of their own pockets for their case.
Photocopying, food and transportation services are oftentimes provided for by PAO
lawyers. One participant says, “Wala akong binabayad sa PAO lawyer. Kahit singko
hindi ako gumastos para sa kaso ko.” (I did not pay anything to the PAO lawyer. I
didn’t even spend a single centavo for my case.)

Introduction
________________________________________________________________________

FUNCTIONAL RELATIONSHIP
BETWEEN THE NATIONAL PROSECUTION SERVICE (NPS)
AND THE PUBLIC ATTORNEY’S OFFICE (PAO)
Introduction
In the Philippine criminal justice system, the Public Attorney’s Office (PAO)
provides legal representation for economically deprived citizens in their defense
against alleged crimes. The PAO is the primary arm of the government for providing
legal services to indigent people. It provides direct legal services in criminal, civil,
administrative or labor cases, as well as non-judicial services like legal counseling,
documentation and mediation. The PAO is an attached agency of the Department
of Justice (DOJ).
On the other side of the legal court, the prosecution representing the
complainant and the State comes from the National Prosecution Service (NPS). The
NPS, by virtue of Presidential Decree No.1275, is mandated to conduct
investigations and prosecution of all crimes. Like the PAO, the NPS is also under
the domain of the DOJ.
Given the above circumstances where both the prosecution and defense come
from the same agency, several questions are sometimes asked on how the cases are
handled by both sides. How do the NPS and PAO relate with one another? Have
there been doubts on the credibility of the prosecution and resolution of cases given
that both are from the DOJ? Should they be maintained in one department?
This qualitative study attempts to explore the functional relationship between

the NPS and the PAO. Although the roles are designed to be adversarial in character,

Introduction
________________________________________________________________________
it is believed that the relationship is much more complex. Through key informant
interviews with selected members and officers of the NPS, several insights are drawn
on their transactional relationship with the PAO, which may in turn, facilitate, or as
the case maybe, obstruct the access to justice by the disadvantaged.
Objective and Methodology
This study on the NPS aims to examine the functional relationship between
the NPS and PAO. The functional context is related to the role that the NPS plays
with regard to the cases the PAO handles as defense counsel. However, since one of
the main components of the baseline study to monitor access to justice by the
disadvantaged already focuses on the diagnostic study of the prosecution pillar of
justice, this study does not serve to evaluate the institutional capacity of the NPS.
Instead, it focuses on how the NPS carries out its functions in relation to PAO.
The primary method used to gather data is key informant interview. Six
prosecutors coming from various NPS offices nationwide served as key informants
(see complete names and designation and the end of the appendix). The respondents
were asked about their perception, knowledge and experience in investigating and
prosecuting cases against poor defendants.
They were asked the following general questions:
1. What is the process by which the NPS selects the cases to be filed against
disadvantaged or poor defendants?
2. Are there other exigencies that dictate the pace and manner by which the NPS
takes up these cases?
3. Are there other measures that the NPS follow to avoid the filing or the
continuance of a case against a disadvantaged group?
4. Can outside pressure be brought upon the NPS to aggressively pursue cases
against those handled by the PAO?
5. On what occasions can local governments seek the assistance of the NPS against
their poor constituencies?
6. Are there grounds for the NPS and the PAO to convene informally and
negotiate out of court settlements?
7. Is it advisable to maintain the NPS and the PAO under the same Department?
8. What types of cases are frequently handled by the NPS with the PAO as defense
counsel?

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9. How does the NPS rate its effectiveness on the cases filed with the PAO as
defense counsel? Does the NPS have standard criteria in rating its effectiveness?
10. Is a PAO win considered an NPS loss? What is the batting average of the NPS
in winning cases with PAO as defense counsel?
11. Are the resources of government conserved for other purposes if the NPS and
PAO settle out of court? Would these actions compromise the delivery of justice
to the disadvantaged?
12. When the State seeks to charge certain disadvantaged groups in the pursuit of
political objectives, can the NPS refuse to take these cases?
Similarly, secondary materials and documents related to the study were also
reviewed to form part of the data presented.
Findings
The Role of National Prosecution Service
The National Prosecution Service was created through Presidential Decree

No.1275, Reorganizing the Prosecution Staff of the Department of Justice and the
Offices of the Provincial and City Fiscals, Regionalizing the Prosecution Service, and
Creating the National Prosecution Service.1 The two fundamental functions of the
NPS are: 1) to investigate reports submitted to it that a violation of penal laws or
special laws with penal sanctions has been committed, and once there is substantial
evidence that a crime has indeed occurred, 2) to prosecute in court the alleged
violation. Under the leadership of the Secretary of the DOJ, the Chief State
Prosecutor and 5 Assistant Chief State Prosecutors, the NPS presently has 5
operative divisions2, namely:
1) Inquest and Special Concerns Division - which conducts inquest of

complaints of violations of criminal laws filed directly in the Department;
2) Preliminary Investigation and Prosecution Division - in charge of
investigation and prosecution of cases filed in the Office of the Chief State
Prosecutor after having undergone inquest. It likewise studies and acts on
cases appealed by the Regional State Prosecutors, City Prosecutors and
Provincial Prosecutors to higher courts on certiorari or special civil
actions;
1
DOJ Library
2
Department Order No.111, s. 2002

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3) Review and Appeals Division - which handles the review of appeals or

petitions for review of resolutions made by provincial, city or state
prosecutors;
4) Administrative, Personnel Development and Support Services Division - which
focuses on career development and continuing legal education of the NPS,
as well as, the provision of technical support to the prosecutors and other
tasks related to the administration of the NPS; and
5) Disciplinary, Field Operations and Special Concerns Division - which is
responsible for the investigation and resolution of cases filed against
prosecutors and other support staff. It also coordinates the operations of
the NPS in the regions, provinces and cities.
Operating in their designated areas of responsibility are offices of Provincial

Prosecutors, City Prosecutors and Regional State Prosecutors. The Regional State
Prosecutor a) implements policies, plans, programs, memoranda, orders, circulars
and rules and regulations of the Department of Justice relative to the investigation
and prosecution of criminal cases in his region; and b) exercises immediate
administrative supervision over all provincial and city fiscals and other prosecuting
officers of provinces and cities comprised within his region.3 Needless to say, the
Provincial and City Prosecutors take charge in the investigation and prosecution of
all crimes, misdemeanors and violations of penal laws within their respective
jurisdictions. Below is the present organizational chart of the NPS.
Figure 2
Organizational Chart of the National Prosecution Service
Office of the Chief
Inquest and Special Concerns

Division
Administrative, Personnel
Development and Support

Preliminary Investigation and
Prosecution Division
Disciplinary, Field
Review and Appeals Operations and
Division Special Concerns
3
P.D. No. 1275 Division
Offices of Regional
State Prosecutors
Introduction
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Source: Department of Justice
On Selection of Cases Against the Disadvantaged
When asked about the process by which the NPS selects cases to be filed
against poor defendants, all of the respondents answered categorically that they do
not select the cases they investigate and prosecute. Whether the defendant is rich or
poor, they treat all cases equally. “We do not gauge the cases here by their financial
capability or their status in life,” is a common reply of all respondents.
Generally, there are two ways by which a case is filed through the office of the
prosecutor. The first one involves the regular filing, which is subject to a preliminary
investigation or PI. In the preliminary investigation, the prosecutor weighs the
evidences regarding the alleged violation and then submits his resolution of the case.
If there is probable cause and enough evidence against the defendant, the prosecutor
recommends for the filing of case in court. This resolution is then reviewed by the
chief of office (the city or provincial prosecutor) before filing of the information in
court.
The second instance is under inquest proceedings, in which a person is

lawfully arrested (or presumed to be lawfully arrested) by the law enforcement. The
case is assigned to a prosecutor for resolution. First, the prosecutor determines
whether the arrest is lawful and then determines if the evidences are sufficient. In
the inquest proceedings, problems usually arise from unlawful arrests.

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Blame is at times pinpointed to the law enforcers. Thus:
“It does not only seldom happen that the police actually
creates a situation just so may accomplishment.”
Usually, the victims of these unlawful arrests are the poor. In relation to RA
9125, or the Comprehensive Dangerous Drug Act of 2002, for instance, unscrupulous
law enforcers sometimes “plant” evidences of drugs in the possession of a poor
suspect. Or if the person arrested is indeed guilty of drug possession, more often
than not these are the small time pushers, those belonging to the lowest rank in the
hierarchy of a big drug syndicate. If a wealthy, influential pusher is incidentally
caught, the corrupt police is oftentimes bribed to lower the offense to be filed against
the pusher so that he will be able to post bail. Subsequently, the bigger
responsibility lies in the hands of the prosecutor to determine if the arrest is lawful or
not.
In both types of proceedings, whether it is PI or inquest, only the nature and

evidences of the case are considered. The prosecutor does not and should not
consider who the complainants or defendants are.
In some places, however, depending on the nature of the offense, when the
defendant is poor there is an unwritten policy of not immediately filing the
information in court after the resolution from the preliminary investigation has been
made. The reason is to give time to the defendant to file a motion for
reconsideration. But when the prosecutor has observed that there is possibility of
flee, the information is readily filed in court. Meanwhile, during the preliminary
investigation, the poor defendants are encouraged to controvert the evidences
against them.
Pressures Brought Upon the NPS

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“ …In any kind of work there is pressure, the question

is whether to accede to the pressure or you are willing to
fight for your right.”
The respondents identified several types of pressures that they or their

colleagues have experienced. There are subtle pressures, as well as, direct and
outright pressures to pursue cases, which are sometimes against the poor. Subtle
pressures, for instance, would include a superior asking a prosecutor how the case is
going. Although the course of action is not openly dictated, the prosecutor involved
only has to “read between the lines” to know that the inquiry is actually an indirect
pressure for him to act immediately on the case.
One of the respondents confessed that a long time ago, he was being
influenced to file a case against an accused (although not necessarily poor). But
after having reviewed the case, he realized that there was no substantial evidence so
he inhibited himself from the case. “Mas mabuti pa i-dismiss kaso na dapat i-file,
kesa mag-file ng dapat i-dismiss.” (It is better to dismiss a case that should be filed
rather than file a case that should have been dismissed). Consequently, his
promotion was delayed for a quite sometime.
When asked if there’s a possibility that the department tries to influence the
results of some cases, one of the respondents replied that there is a possibility and it
should really be looked into. His assumption emanates from comments from other
branches of the NPS that the branch to which he belongs is not “basta basta” (run of
the mill). So maybe, exerting influence is done in some other areas.
Corrupt politicians and rich powerful people also impose direct pressures on
prosecutors to dismiss cases against their people close to them or to file cases
against their enemies, either rich or poor. If they do not succumb to these pressures,
complaints such as harassment cases are filed against the prosecutors, which
eventually turns into an administrative case against them.
“Political presyo” (price) as one of the respondents satirically calls it, is also
one type of pressure that prosecutors normally encounter. He added that in his

Introduction
________________________________________________________________________
branch, he is sometimes ashamed that prosecutors are caught accepting bribes

amounting to as low as P3,000 to P5,000. In another branch, a prosecutor was paid
an amount equivalent to rate of a private prosecutor. The respondents attribute
these demoralizing acts of some prosecutors to the inadequate compensation and
benefits that the prosecutors receive.
Another way of handling political pressure, as one respondent relayed, is by

intentionally delaying the case especially when he knows it is motivated by political
objective. The presumption is the pressure will fade or die down over time.
Contrastingly, there are also times when the local government or an individual
official would indirectly manifest his desire to expedite cases of poor litigants. He
may ask a prosecutor to help groups of poor people involved in a case. This, however,
should not influence the merit of the case.
Ultimately, the decision on whether or not to give in to outside pressures

depends on the individual prosecutors. While others succumb to major pressures
brought upon them, still most prosecutors don’t allow pressures to get in their way.
Otherwise, “…it does not serve the end of justice.”
Case Handling in Relation to PAO (Functional Relationship)
The NPS is mandated to investigate and prosecute criminal cases and

violations of special law with penal sanctions. Transactional relationship with the
PAO starts at the point of preliminary investigation where the probable cause and
weight of evidences against poor defendants are considered for possible filing of case
in court.
When asked if there are grounds for the NPS and PAO to convene informally
and negotiate out of court settlements, the key informants have similar, equally
important insights to share.
“A settlement is always good,” replied one respondent. He added that in a

case conference, which is still part of the process, conciliation of minor crimes are

Introduction
________________________________________________________________________
encouraged provided that both parties are present and both are amenable to the
terms being given. It may also happen that during the conference the defendant
through the PAO agrees to plead guilty so that the prosecution will pray for a lighter
penalty for the crime committed. Essentially, the proceedings in court become a
formality. However, settlement of major crimes such as robbery, carnapping, murder
and the like is a taboo.
“(As a) general rule, we do not compromise criminal cases. It is only the civil
aspect of that case which could be comprised or that could be settled. We are not
allowed to settle criminal cases amicably with the other party except in some cases
which involves light penalties,” shared another respondent.
“Actually, there is no clear cut policy on that. Prosecutors are given enough
discretionary leeway. Ang importante lang naman (The important thing) is the
standard of justice…We should exert efforts in settling cases in minor disputes
before case is endorsed to docket for purposes of investigation,” answered another
prosecutor. Moreover, he said that the DOJ should come up with a program of skills
training on alternative dispute settlements for prosecutors who have the right
attitude.
Regarding public perception on “niluluto ang kaso” (making a mockery out

of the case) to lessen their workload, one key informant replied that in their area,
they are fortunate enough that the litigants are aware that although the prosecutors
and PAO lawyers are sometimes seen together, they do not discuss cases outside
work premises. He claimed that both the prosecutors and PAO lawyers have earned
their professional integrity.
Another prosecutor commented,“danger lang pag mainit ulo ng parties at

tinanong, fiscal bakit nyo kami inaareglo? (The danger here is if both parties are hot-
headed and they would ask the fiscal why there was a settlement)”

Introduction
________________________________________________________________________
When asked if the resources of the government are conserved for other
purposes if cases are settled out of court, one of the prosecutors replied, “We should
remember that ours is not only a court of law but also a court of equity.” He added
that everyone should work for the peace and harmony within the community and
settlement of minor disputes will help bring about peace in the community.
In terms of working relationship, all of the respondents say that they have
good working relationship with the PAO lawyers in their respective areas. As a
matter of fact, most of them who are seniors would advice PAO lawyers on what to
do since many of the latter are newly graduates from law school. However, they
admit that there are also PAO lawyers who are very good defense counsels. And in
the event that the court decides for the acquittal of the defendant, the respondents
say it should not be taken personally, although the decision always puts it
as …”failure of the prosecution to present evidences…” As one of the prosecutors
stated, “Acquittal is not considered a loss. Success should be interpreted in the
number of cases prosecuted and convicted.”
Meanwhile, commenting on the batting average of the NPS in winning cases

against those handled by PAO, the respondents said there is no existing data on that.
However, one of them added that based on public perception, “mas takot ang tao sa
mga prosecutors kesa sa mga PAO lawyers.” (People are more afraid of the
prosecutors than the PAO lawyers).
Finally, speaking of criteria of effectiveness, one of the prosecutors replied that

starting the time of Secretary Franklin Drilon, the NPS defined efficiency in the handling of
investigation and prosecution of cases in relation to the right of the accused to speedy trial
or speedy disposition of cases. The maximum period within which to terminate investigation
and handling of prosecution of cases was set. Reports on disposition of cases are required to
file quarterly then annually. Prosecution offices set the target percentage of termination of

Introduction
________________________________________________________________________
every activity and report if they have reached the targets they have set. (See attached sample
report of region X as Appendix B)
PAO’s Organizational Affiliation

Finally, given their opposing roles in court, the question is then asked whether or not
the NPS and the PAO should be maintained in one department, specifically the Department
of Justice. In terms of conflict of interest, one of the prosecutors asserted that the conflict
mainly lies on the Secretary of Justice because he supervises both the office of prosecution
and the office of the defense. Ideally, The DOJ should only be for the investigation and
prosecution of crimes not defense. Defense should under be in another department.
One respondent recalled that previously there was a move to put PAO directly
under the Office of the President. However, after the proponent left his office, this
proposal died down. For the rest of the respondents, putting the PAO under the
Department of Social Welfare and Development (DSWD) is best since the PAO really
works for the interests and welfare of poor defendants.
Whether or not the NPS and the PAO should stay in one department, and whether
the PAO should be transferred to the DSWD or elsewhere, there is only one important
thing that should be upheld. Even if their roles are adversarial, “the NPS and the PAO
should coordinate and cooperate to bring about justice.”
“We must remember that we are here not just to put just anyone in jail. We should see
to it that the guilty do not go free and no innocent person should go to jail. That is the
ideal situation.”
Still, the matter of the organizational affiliation of the PAO deserves a closer and deeper
scrutiny.

Introduction
________________________________________________________________________
Recommendations and Conclusions
The manner by which the NPS operates in relation with and outside the PAO is clear
and is in accordance with its mandate. The NPS does not really have a choice as to
which sector of society it will assist, as it is oblivious to the socio-economic status of the
complaining party. It is however, not spared of political pressures coming from vested
interests, either in the local or national level.
On the meat or the main focus of this affiliated study, the functional relationship
between the PAO and the NPS can be considered highly professional. Nevertheless,
perception of conflict of interest persists due mainly to the fact that they are housed in
one department, the Department of Justice, and both are, in the main, playing adversarial
and opposite roles in the legal battles they routinely find themselves in.
In the interest of fair play and due process, it will serve not only the disadvantaged
sectors but the larger society as well if a comprehensive and thorough study could be
done to locate the more appropriate governmental body that will house PAO.

Introduction
________________________________________________________________________
LIST OF KEY INFORMANTS
The following are the key informants who were kind enough to accommodate
in-depth interviews for the study:
Prosecutor Danilo Belo – 1st Assistant City Prosecutor, Davao City

Prosecutor Jose Pedrosa – City Prosecutor, Cebu City
Prosecutor Ferrer Co – President, National Prosecutor’s League of the
Philippines,
Assistant City Prosecutor, Manila
Prosecutor Simbulan – Regional State Prosecutor, Region III
Prosecutor Baldago – Regional State Prosecturor, Region VI
Prosecutor Antonio Arellano – Regional State Prosecutor, Region X

Introduction
________________________________________________________________________
Project Team
Julio C. Teehankee, PhD

Project Director
Francisco A. Magno, PhD

Public Sector Reform Specialist
Carmelo A. Crisanto Jr., MDM

Human Resource Management Specialist
John Derek N. Porciuncula, LlB

Legal Consultant
Hector A. Namay
Statistical Consultant
V. Jose P. Roxas
Lemuel V. Cacho
Research Assistants
Jane Lynn D. Capacio

Administrative Assistant

2003 Assessment of The Public Attorneys' Office (PAO)

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2003 Assessment of The Public Attorneys' Office (PAO)

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Final Report – Final Draft

2003 Assessment of the

In cooperation with the Supreme Court

With the support of the United Nations

La Salle Institute of Governance

quasi-judicial proceedings. This study conducted by the La Salle Institute of Governance,

with the support of the United Nations Development Programme (UNDP), is a

PAO to provide legal assistance to the poor.

Specifically, this research addresses two key questions:

1. Is the present institutional capacity of the PAO adept in delivering services to

2. Does the present organizational structure provide effective, efficient and

speedy access to justice for the disadvantaged?

indicators: adequacy, availability, affordability, accessibility, capability, coherence, and

the poor, the study recommends the following reform measures:

accused in criminal proceeding

B. Pass a law that will institutionalize the PAO as a corporate entity

C. Devolve direct legal services to local governments

A. Review the compensation package for PAO lawyers

B. Continuous training and capacity-building

A. Promote civil society participation in legal aid provision

B. Encourage the use of alternative dispute resolution

C. Promote transparency and accountability

D. Link up with academic institutes in capacity-building efforts

4. Empowerment of the Poor

A. Introduce an indigent card system

B. Strengthen voice mechanisms for the poor

C. Develop a good communications strategy

5. Special Programs for the Vulnerable Sectors

A. Provide special attention to children, women, indigenous people, and

B. Improve legal access to the poor in Mindanao

3 Indicators of Access to Justice 37

1.1 Matrix of Indicators 10

1.1 The Star Model 8

“What is the essence of justice: equality or expediency, fairness or equality,

- Jose W. Diokno, A Filipino Concept of Justice (1981)

In a developing country like the Philippines, an effective and efficient judicial

Imperatives of Judicial Reform

La Salle Institute of Governance

The La Salle Institute of Governance project on the Assessment of the Public

La Salle Institute of Governance

3. Is the present organizational structure and institutional capacity of the PAO

4. Does the present organizational structure provide an effective, efficient and

Public Attorney’s Office

La Salle Institute of Governance

On July 25, 1987, the CLAO

La Salle Institute of Governance

The PAO renders non-judicial services such as mediation, conciliation,

Assessing the PAO

Resources Service Delivery

La Salle Institute of Governance

1. Secondary Data Analysis

Secondary data analysis is the study of the Individual Performance Reports

A self-administered survey was conducted to consider another set of parameters

La Salle Institute of Governance

A. Adequacy of judicial policies to protect the basic sectors;

3. Focus Group Discussion

4. Key Informant Interview

Research Component Indicators Subject Methodology

La Salle Institute of Governance

A. Adequacy – The concept of adequacy requires the PAO to provide

La Salle Institute of Governance

in soliciting recommendations as well as suggestions in improving the agency’s

Limitations of the Study