The OCA Circular No. 67-07 outlines the exemption of indigent clients of the Public Attorney's Office (PAO) from paying docket and other fees associated with legal proceedings, as stipulated by Republic Act No. 9406. The PAO serves as the government's principal legal entity providing free assistance to indigent individuals across various legal matters. To qualify for this fee exemption, clients must submit an affidavit confirming that their income does not exceed double the monthly minimum wage and that they do not own real property valued over P300,000. This process must be supported by an additional affidavit from a disinterested person affirming the client's statements. Compliance with these requirements is mandated to ensure eligibility for the fee exemption.
July 12, 2007
OCA CIRCULAR NO. 67-07
| TO | : | All Clerks of Court/Officers-in-Charge of the First and Second Level Courts |
| SUBJECT | : | Exemption of the Indigent Clients of the Public Attorney's Office (PAO) from the Payment of Docket and Other Fees |
Quoted hereunder for the information and guidance of all concerned are the pertinent provisions of Republic Act No. 9406 entitled "AN ACT REORGANIZING AND STRENGTHENING THE PUBLIC ATTORNEY'S OFFICE (PAO), AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF EXECUTIVE ORDER NO. 292, OTHERWISE KNOWN AS THE 'ADMINISTRATIVE CODE OF 1987', AS AMENDED, GRANTING SPECIAL ALLOWANCE TO PAO OFFICIALS AND LAWYERS, AND PROVIDING FUNDS THEREFOR", which took effect on April 15, 2007, to wit: CASaEc
"SEC. 2. Section 14 . . . is hereby further amended to read as follows:
'SEC. 14. Public Attorney's Office (PAO). — . . .
"The PAO shall 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." (Emphasis supplied)
xxx xxx xxx
SEC. 6. New sections . . .
xxx xxx xxx
"SEC. 16.D. Exemption from Fees and Costs of the Suit. — The clients of the PAO shall be exempt from payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies, as an original proceeding or on appeal.
The costs of the suit, attorney's fees and contingent fees imposed upon the adversary of the PAO clients after a successful litigation shall be deposited in the National Treasury as trust fund and shall be disbursed for special allowances of authorized officials and lawyers of the PAO.'' (Emphasis supplied)'
However, the entitlement to the exemption from the payment of docket and other fees shall be subject to the conditions prescribed under Section 19, Rule 141 of the Revised Rules of Court.
Thus, the indigent client of PAO shall execute an affidavit stating (a) that his gross income and that of his immediate family do not exceed an amount double the monthly minimum wage of an employee; and (b) that the indigent client does not own real property with a fair market value, as stated in the appended current tax declaration, of more than three hundred thousand (P300,000.00) pesos.
The affidavit of the indigent client shall be supported by an affidavit of a disinterested person attesting to the truth of the former.
Strict compliance is hereby enjoined. EHSTDA
(SGD.) CHRISTOPHER O. LOCKCourt Administrator