Dear PAO,

Can a VAWC victim ask for legal help from your office? My friend is physically and economically abused by her former live-in partner, with whom she has a 5-year-old daughter. She has been contemplating filing a complaint against him, but she has no means to avail herself of the services of a private lawyer. She heard on one radio show that VAWC victims can seek assistance from PAO. Is that correct?

Roselyn

Dear Roselyn,

By virtue of Republic Act (RA) 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004,” victims of violence as specified under this law are granted rights that are aimed at protecting them as well as promoting the pursuit of justice, one of which is the right to avail legal assistance from the Public Attorney’s Office (PAO). As expressly provided for under Sections 13 and 35 of RA 9262:

“SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney’s Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

“SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

“(a) to be treated with respect and dignity;

“(b) to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public legal assistance office;

“(c) To be entitled to support services from the DSWD and LGUs

“(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

“(e) To be informed of their rights and the services available to them including their right to apply for a protection order.” (Emphasis supplied)

Accordingly, it is advisable for your friend to visit the PAO District Office so that she can personally confer with one of our PAO lawyers. Our district offices are usually located at or near the municipal hall, city hall, provincial hall, or hall of justice of each respective municipality, city, or province. On her visit to our district office, kindly present all pertinent documents relating to the legal aspect of her concern so that our district lawyers can properly assess the same, consistent with existing PAO rules and regulations, as well as with pertinent laws and jurisprudence.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]