PAO lectures police for red-tagging public defender

MANILA, Philippines — The Public Attorney’s Office (PAO) has reminded the police of the agency’s mandate to provide legal assistance to indigent persons, be it in criminal, civil, administrative and other quasi-judicial cases after the Surigao Police orders the profiling of one of its lawyers who is representing a suspected member of the communist movement.

“PAO…is mandated to be the principal law office of the Government in extending free legal assistance to indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases,” PAO’s Regional Public Attorney said in a letter addressed to Col. Dennis A. Siruno of the Surigao del Sur Provincial Office citing the Administrative Code of 1987.

The PAO Regional Public Attorney wrote the letter after one of their lawyers was subjected to profiling for “repeatedly” assisting suspected members of communist and terrorist groups.

Authorities purportedly visited the lawyer at her office and asked her to fill out a form about her circumstances.

The PAO Regional Office, in the same letter, reminded the police that under Section 30 of Republic Act 11479 or the Anti-Terrorism Act, PAO is mandated to provide legal assistance to persons charged with or suspected of committing any of the acts defined under the Anti-Terrorism Act of 2020 and cannot afford the services of a preferred counsel.

Section 30 of the Anti-Terrorism Act of 2020 provides that: “…If the person cannot afford the services of counsel of his/her choice, the law enforcement agent or military personnel concerned shall immediately contact the free legal assistance unit of the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO). It shall be the duty of the free legal assistance unit of the IBP or the PAO contacted to immediately visit the person/s detained and provide him/her with legal assistance.”

Earlier, Justice Secretary Jesus Crispin Remulla reminded PAO to concentrate on assisting indigent clients to hasten the resolution of cases as part of the government’s effort to decongest jails.

“Mag-defend na lang po tayo ng mga destitute clients para lahat po may abugado at matapos lahat ng kaso [Just defend destitute clients so that they can have lawyers and finish all cases],” Remulla said.

Nothing in the law mentions that PAO lawyers can turn down indigent clients accused of specific offenses.

In 2022, the number of wins for PAO cases has increased.

In criminal cases alone, the caseload has increased from 256,927 in 2021 to 305,396 in 2022. Of the 305,396 terminated cases, 263,335, or a rate of 86.23 percent, led to favorable decisions for their clients.

For civil cases, out of 9,015 terminated cases, 6,289 or 69.76 percent have been decided in favor of their clients, while for administrative cases, of the 2,642 terminated cases, 1,711 or 64.76 percent received favorable rulings for their clients.

PAO also had 81.98 percent winning labor cases, or 4,789 out of 5,842 terminated cases.

Aside from representing marginalized litigants, PAO also has been pushing for reforms to benefit the poor and decongest detention facilities.

PAO was the one that pushed for plea bargaining in small-time drug cases when it asked to declare as unconstitutional Section 23 of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 that prohibits plea bargaining causing congestion in prison and loss of billions on the part of the government.

PAO was also responsible for acquitting two Aetas charged with violating the Anti-Terror Law.

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JPV/abc