Provision of legal assistance to uniformed personnel covered by Pao–guevarra

JUSTICE Secretary Menardo Guevarra has assured that the Public Attorney’s Office (PAO) will continue to provide legal assistance to uniformed personnel, even as the President sought for the passage of a bill that would provide legal aid to soldiers and policemen.

The justice chief noted there’s already a standing directive to the PAO to provide free legal assistance to members of the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP), who may be prone to lawsuits because of the nature of their duties.

“The DOJ [Department of Justice] has a standing directive to the PAO to extend legal assistance to police officers [up to the level of Special Police Officer 4] and other uniformed personnel who may be sued in the course of performing their official duties. The PAO has existing memorandum circulars to its public attorneys regarding this matter,” Guevarra said.

He, however, stressed that the “provision of free legal assistance is subject however to the PAO’S evaluation of the case, including a determination of conf lict of interest, as when the adverse party has also sought legal assistance from the PAO.”

In his last yearly address to Congress, President Duterte sought the passage of a bill that would provide free legal aid to the military and the police.

Aside from the help extended by the PAO, the DOJ secretary said the PNP and the AFP might also have their own special funds set aside in case their personnel are facing legal cases.

“Maybe an increased budgetary allocation for this purpose will be enough, assuming existing funds are insufficient,” he said.

The DOJ chief also said that while there may be police officers and military personnel who are being investigated by the drug war review panel and the Administrative Order 35 Committee for allegedly being involved in extrajudicial killing incidents, these law enforcers are still entitled to defend themselves against their accusers, just like other people.

“It is just providing law enforcement agents some means to defend themselves in court for acts done in relation to their official duties, such as fighting terrorists and criminals. Unless proven guilty, they are presumed innocent. Like everyone of us, they are also entitled to due process of law,” Guevarra explained.