Ombudsman dismisses PAO lawyer for charging indigents

Ombudsman Conchita Carpio Morales has dismissed Occidental Mindoro district public attorney Jennifer Garcia-Laudencia of San Jose town for charging an indigent couple lawyer fees. (PHOTO BY VINCE NONATO / INQUIRER)

MANILA — Ombudsman Conchita Carpio Morales has dismissed an Occidental Mindoro district public attorney for allegedly demanding payment from an indigent couple.

In a seven-page decision, the Ombudsman held Lawyer Jennifer Garcia-Laudencia of San Jose town administratively liable for grave misconduct.

Morales cited the testimony of spouses Rodolfo and Maira Abrea that Laudencia asked to be paid P6,000 and P3,000 to file their counter-affidavits and rejoinder in moving for the dismissal of a complaint against them.

This allegedly violated Chapter 5, Title III of Book IV of the Administrative Code of 1987, which mandates the PAO to “render, free of charge, legal representation, assistance, and counseling to indigent persons.”

The Ombudsman also found that Laudencia represented Mike Tiu Santiago, who had not qualified as an indigent, in a damage suit against his stepmother over several disputed properties that included a Toyota Fortuner.

While Laudencia argued that the client submitted an affidavit of indigency, the Ombudsman said this was “not sufficient” to establish that he was an indigent who could avail of PAO’s services.

The PAO Operations Manual requires proof of income such as income tax return, and a certificate of indigency from the barangay chairman or the Department of Social Welfare and Development, according to Morales

“Respondent [Laudencia] clearly disregarded established rules by representing Mike Tiu Santiago,” the decision read.

The Ombudsman’s decision also contained a reminder that “public attorneys should primarily play the role of peacemakers and must be guided by a high sense of fairness, integrity, good faith and justice, in the performance of their functions.”  SFM/rga