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Acosta fires off counter-memo to Gonzalez

By Dona Pazzibugan
Philippine Daily Inquirer
First Posted 19:42:00 04/17/2009

Filed Under: Conflicts (general), People, Celebrities, Media, Ted Failon

MANILA, Philippines ? Chief Public Attorney Persida Acosta has refused to accept a reprimand from Justice Secretary Raul Gonzalez for involving herself in ABS-CBN news anchor Ted Failon's brush with police for the shooting of his wife on April 15.

Gonzalez, whose office has supervision over the Public Attorney's Office, had described Acosta as ?crazy? for insisting on interfering in the case when Failon hardly counted as an indigent accused in court, PAO's clientele.

?With all due respect, to the mind of the undersigned, the PAO has not violated any rule when it rendered provisional and limited assistance in favor of Mr. Failon and his driver,? Acosta wrote Gonzalez in a counter-memo dated April 16.

She reasoned that Failon's case fell under the exceptions laid down by Memorandum Circular 18 that she issued in 2002 (amending the standard office procedures in extending legal assistance), when PAO lawyers might ?provisionally? accept cases pending verification of the applicant's indigence and merit of his case.

Acosta said Failon's case fell under the category ?in other similar urgent cases.?

?If foreigners could be afforded free government notarial services per said MOA [Memorandum of Agreement between the Bureau of Immigration and PAO], how much more those persons like Mr. Failon who is a Filipino citizen and who is under investigation,? the PAO chief went on.

In his memo, Gonzalez pointed out to Acosta that under their standard office procedures, PAO would only represent those charged in court who could not afford to have their own lawyer.

?Your attention is invited to the fact that Mr. Failon has a battery of lawyers,? Gonzalez said.

?Consequently, you are directed to refrain from further participating without authority from the court or from this Office, because you may be representing conflicting interest,? Gonzalez said.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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