Standard Operating Procedures in Extending Legal Assistance to Police Officers

January 27, 2010

PAO MEMORANDUM CIRCULAR NO. 03-10

STANDARD OFFICE PROCEDURE IN EXTENDING LEGAL ASSISTANCE TO POLICE OFFICERS PURSUANT TO DOJ DEPARTMENT CIRCULAR NO. 78 DATED OCTOBER 26, 2009

ARTICLE 1

Purpose

SECTION 1. Purpose. — This Circular is issued for the purpose of setting forth and defining the policies, rules and procedures to be observed by Public Attorneys in providing legal assistance to police officers.

ARTICLE 2

Definition of Terms

SECTION 1. Terms Used. — As used in this Circular, the following terms are defined as follows:

a. "Police Officer" — shall refer to a member of the Philippine National Police with the rank of Police Officer 1 (PO1) to Senior Police Officer 4 (SPO4).

b. "Sued in the performance of their police duties" — shall refer to police officers subject of a complaint or under disciplinary action relating to or in connection with the discharge of their official functions.

ARTICLE 3

Coverage

SECTION 1. Coverage. — a) This Memorandum Circular shall apply to members of the Philippine National Police holding the ranks of Police Officer 1 (PO1) to Senior Police Officer 4 (SPO4) in all cases where these officials are sued in connection with the performance of their respective police duties and official functions. For this purpose, the provisions of Memorandum Circular No. 18, Series of 2002 on Indigency test, shall not apply. cSIACD

b) However, in cases where the above-mentioned officials are sued not in connection with their performance of police duties and official functions, the provisions of Section 3 Article II, Memorandum Circular No. 18 Series of 2002 as amended shall apply.

ARTICLE 4

Legal Assistance

SECTION 1. Legal Assistance Includes. — The legal assistance that the Public Attorneys shall extend includes, but is not limited to the following:

a. Legal advice and documentation;

b. Preparation of written explanation or any responsive pleading;

c. Legal representation in judicial, quasi-judicial and other administrative bodies.

ARTICLE 5

Procedure in Extending Legal Assistance

SECTION 1. Duties of a Public Attorney. — When a police officer seeks legal assistance, the Public Attorney shall:

a. Determine whether the officer is sued in connection with the performance of his official duties.

a.1 If in the affirmative, the Public Attorney shall determine which district office shall provide legal assistance taking into consideration the following:

a.1.a. If the case is filed within the territorial jurisdiction of the said district, the Public Attorney shall handle the case.

a.1.b. If otherwise, the same shall be referred to the district office having territorial jurisdiction over the same. TDESCa

a.2. If in the negative, paragraph b of Section 1 Article 3 hereof shall apply.

b. Require the police officer to submit the following:

b.1. Proof of his rank;

b.2. Copy of the Complaint, Information, or Charge Sheet and such other documents in connection therewith; and

b.3. Evidence in support of his defense.

ARTICLE 6

Prohibition

SECTION 1. Prohibition. — The Public Attorneys are prohibited from assisting the following:

a. Those already represented by counsel de parte; and

b. Those where the provision of legal assistance gives rise to conflict of interest.

ARTICLE 7

Effectivity

SECTION 1. Effectivity. — This Memorandum Circular shall take effect immediately.

Quezon City, January 27, 2010.

(SGD.) PERSIDA V. RUEDA-ACOSTAChief Public Attorney

WE, the undersigned officials of the PUBLIC ATTORNEY'S OFFICE (PAO), pursuant to existing laws, rules and regulations, do hereby ratify Memorandum Circular No. 003, series of 2010, Standard Office Procedures in Extending Legal Assistance to Enlisted PNP Personnel with designation from Police Officer 1 to Senior Police Officer 4, on the occasion of the Public Attorney's Office Management Strategies and Core Planning Seminar with Regional Public Attorneys and Senior Officials held on January 25-27, 2010 at Bayview Park Hotel Manila. cIETHa

Done at the City of Manila, January 27, 2010.

(SGD.) ATTY. CYNTHIA M. VARGASOIC, NCR

(SGD.) ATTY. FRISCO F. DOMALSINOIC, CAR

(SGD.) RPA TOMAS B. PADILLARegion I

(SGD.) RPA RENATO T. CABRIDORegion II

(SGD.) RPA SALVADOR S. HIPOLITORegion III

(SGD.) RPA DIOSDADO S. SAVELLANORegion IV-B, MIMAROPA

(SGD.) RPA ELPIDIO C. BACUYAGRegion IV-A, CALABARZON

(SGD.) RPA RAMON N. GOMEZRegion V

(SGD.) ATTY. JOSE EDMUND E. GUILLENOIC, Region VI

(SGD.) RPA MARIA G-REE R. CALINAWANRegion VII

(SGD.) RPA FLORENCIO M. DILOYRegion VIII

(SGD.) ATTY. ERNIE A. MASORONGOIC, ARMM

(SGD.) RPA EDGARDO D. GONZALESZamboanga Peninsula Region

(SGD.) RPA NUNILA P. GARCIANorthern Mindanao Region

(SGD.) RPA FRANCIS A. CALATRAVADavao Region

(SGD.) RPA DATUMANONG A. DUMAMBASOCCSKSARGEN

(SGD.) RPA EDGAR Q. BALANSAGCARAGA Region

(SGD.) DCPA SILVESTRE A. MOSINGVisayas and Mindanao

(SGD.) DCPA MACAPANGCAT A. MAMALuzon

APPROVED:

(SGD.) PERSIDA V. RUEDA-ACOSTAChief Public AttorneyFebruary 8, 2010