Indigency test

Posted by Admin | Posted in Lawyers | Posted on 22-06-2010

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Taking into consideration recent surveys on the amount needed by an average Filipino family to (a) buy its “food consumption basket” and (b) pay for its household and personal expenses, the following applicant shall be considered as an indigent person:

1)   If residing in Metro Manila, whose net income* does not exceed Php14,000 a month; 

2)   If residing in other cities, whose net income does not exceed Php13,000 a month;

purchase prozac online 30px;”>3)   If residing in other places, whose net income does not exceed Php 12,000 a month.

*net income – means less the statutory or mandatory deductions such as withholding taxes, GSIS, SSS, etc.

Ownership of land is not necessarily a ground for disqualification. The determinative factor for indigency is the income of the litigant and not his ownership of real property. (Juan Enaje vs. Victorio Ramos, et al. (G.R. No. L-22109, January 30, 1970)

To prove one’s indigency, the following are required to be submitted:

1)   Affidavit of Indigency

2)   Latest Income Tax Return or pay slip or other proofs of income;

3)   Certificate of Indigency:

a)  from the DSWD, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or

buy pills online with no prescription justify; padding-left: 60px;”>b)   from the Barangay Chairman having jurisdiction over the residence of the applicant.

Who may avail of the services of PAO?

Posted by Admin | Posted in Lawyers | Posted on 21-06-2010

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  • 1.   Indigent* persons in criminal, civil, labor, administrative and other quasi-judicial cases, which are considered meritorious

A case is meritorious, that is, when an assessment of the law and evidence on hand discloses that the legal services of the office will assist or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of the society.

Cases of defendants in criminal actions are considered meritorious because of the constitutional presumption of innocence.

A Public Attorney may represent an indigent client even if his cause of action is adverse to a public officer, government office, agency or instrumentality provided the case is meritorious.

*He or she must pass the indigency test.

  • 2)      Other persons, when in the exigency of the service, the PAO is called upon by proper government authorities to render such service, subject to existing laws, rules and regulations
  • 3)      Under the following circumstances, provisional assistance of the PAO may be availed of:

a)  When a warrant of arrest has been issued and assistance is needed in filing a Motion to Post Bail Bond or Reduction thereof for his/her provisional liberty

b)  When a person is arrested and/or detained, and appropriate immediate legal action is necessary to protect his/her rights

c)  When a pleading has to be filed immediately to avoid adverse effects to the applicant

d)  When an appeal or petition for certiorari or prohibition has to be perfected or filed immediately

e)  When the PAO lawyer is appointed by the court as counsel de oficio to represent the defendant during the trial of the case, provided, however, that if a subsequent investigation discloses that the client is not an indigent, the lawyer should respectfully request the court to relieve him/her by filing a Motion for Withdrawal of Appearance from the case

f)  When the PAO lawyer is designated on the spot as counsel de oficio for the purpose only of arraignment, pre-trial or promulgation of decision

g) In cases involving violence against women and their children under Republic Act No. 9262, where immediate preparation and filing of pleading/s is necessary to avoid adverse effects to the victims, except when there is conflict of interest

h)   In cases involving Children In Conflict with the Law (CICLs), where there is an immediate need of counsel

i)  In cases involving credit card holder/s considered as “delinquent” by the credit card company, and immediate action is necessary

j)  Other similar urgent cases.

  • drugs no prescription “text-align: justify;”>4)      Department of Agrarian Reform lawyers against whom criminal and administrative complaints have been filed for acts in connection with the performance of their official duties
  • 5)      Farmer-beneficiaries of the Agrarian Reform Law in agrarian-related civil or criminal cases pending before the courts
  • 6)      Farmer-beneficiaries in cases against fellow beneficiaries pending before the courts or the Department of Agrarian Reform Adjudication Board (DARAB) where one of the parties is already represented by a lawyer from the Department of Agrarian Reform
  • 7)      Indigent laborers in meritorious labor cases
  • 8)      Indigent aliens
  • 9)      Qualified overseas contract workers in all cases within the original and exclusive jurisdiction of the Philippines Overseas Employment Administration Read the rest of this entry »