Dear PAO,

My friend, who used to work as an OFW, no longer has any income and is now back in the Philippines. He wants to seek assistance from your office for the filing of a petition for nullification of his marriage because he cannot afford the services of a private lawyer. How would he know if he is qualified for the services of PAO? He has a small property which, according to him, is categorized as a “row house.” Will that be considered?

Kit

Dear Kit,

In order for your friend to avail of the services of the Public Attorney’s Office (PAO), he must qualify as an indigent and his intended legal action must be meritorious. For better understanding, please be informed that our office adheres to the “Merit Test” as expressed under Paragraph 1, Article 2, Chapter II of the 2021 Revised PAO Operations Manual, which provides:

“ARTICLE 2. Merit Test. – A case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the office will assist, be in aid of, or be in furtherance of justice, taking into consideration the interests of the parties, and those of society. In such cases, the Public Attorney should agree to represent the party concerned. On the other hand, a case is deemed unmeritorious if it appears that it has no chance of success, is intended merely to harass or injure the opposite party, or to work oppression or wrong. In such situations, the Public Attorney must decline the case. x x x”

Simply put, your friend must have a legal basis for the filing of a petition for absolute nullity of marriage, that is, he has evidence to prove one of the grounds for the nullification of marriage as provided for under Articles 35, 36, 37 and 38 of the Family Code of the Philippines.

Our office likewise adheres to the “Indigency Test.” Pursuant to Paragraph 1, Article 3, Chapter II of the 2021 PAO Revised Operations Manual, the following shall be considered indigent persons:

“(1) If residing in cities or municipalities within the National Capital Region (NCR), persons whose individual net income does not exceed Twenty-four Thousand Pesos (P24,000.00) a month;

“(2) If residing in other cities outside the NCR, persons whose individual net income does not exceed Twenty-two Thousand Pesos (P22,000.00) a month; and,

“(3) If residing in municipalities outside the NCR, persons whose individual net income does not exceed Twenty Thousand Pesos (P20,000.00) a month x x x”

If your friend’s monthly net income falls within the foregoing, he must secure and be able to present any of the following proof of indigency: (a) pay slip, income tax return (ITR) or any other proof of net income; (b) certificate of indigency issued by the barangay where he resides; or (c) certificate of indigency issued by the Department of Social Welfare and Development, or the city or municipal social welfare and development office which has jurisdiction over the place of his residence. (Paragraph 8, Article 3, of the 2021 Revised PAO Operations Manual)

It bears stressing that ownership of real property is not the determinative factor for one’s indigency insofar as availing of the services of PAO is concerned. Rather, it is the litigant’s net income which will be evaluated. (Paragraph 7, Article 3, Chapter II, id., in relation to the ruling in Juan Enaje v. Victorio Ramos, et al., GR L-22109, Jan. 30, 1970)

Corollary, your friend may personally visit our Central Office or any of our district offices for the proper evaluation of his legal concerns, his indigency, as well as for him to be given adequate legal advice and/or assistance. 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. Please bring all the documents and/or evidence relating to his legal concern and his proof of indigency to facilitate prompt and comprehensive evaluation.

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.

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]