Free Legal Help in the Philippines: PAO and Barangay Conciliation

Republic Act No. 9406 made the PAO "the principal law office of the Government in extending free legal assistance to indigent persons". Under the law, the PAO gives legal representation, assistance and counselling, free of charge, to indigent persons in:

• criminal cases;
• civil cases;
• labor cases;
• administrative and other quasi-judicial cases.

PAO clients are also exempt from docket and other fees incidental to filing an action in court and other quasi-judicial bodies, both as an original case and on appeal.

The law does not itself set an income limit for who counts as indigent. Ask the PAO district office near you what documents it needs to show that you qualify.

The Local Government Code (Republic Act No. 7160) set up the Katarungang Pambarangay, a system of settling disputes at the barangay. Each barangay has a Lupong Tagapamayapa (Lupon), chaired by the punong barangay, with ten to twenty members (Section 399).

Under Section 412, a complaint about a matter within the Lupon's authority cannot be filed directly in court or another government office unless the parties first faced each other before the Lupon chairman or the pangkat and no settlement was reached, as certified by the Lupon or pangkat secretary, or the settlement was repudiated.

The Lupon handles disputes between people who actually live in the same city or municipality. Section 408 excludes, among others:

• disputes where one party is the government, or a public officer acting in official functions;
• offenses punishable by imprisonment of more than one year or a fine of more than P5,000;
• offenses with no private offended party;
• disputes about real property in different cities or municipalities, or between people living in different cities or municipalities, unless the law's conditions for agreeing to go to a Lupon are met.

Under Section 412(b), you may go directly to court when the accused is detained, when a person has been deprived of liberty and needs habeas corpus, when the case asks for urgent remedies such as a preliminary injunction, attachment, delivery of personal property or support pendente lite, or when the case may otherwise be barred by the deadline to file. For more on which disputes go to the barangay and which barangay to go to, see Do I need to go to the barangay before filing a case?

• Complaint. You complain to the Lupon chairman, orally or in writing, after paying the "appropriate filing fee" (Section 410(a)). The Code does not state the amount.
• Mediation. The Lupon chairman summons the other side within the next working day (Section 410(b)). If mediation fails within 15 days of the first meeting, a pangkat (conciliation panel) is formed.
• Conciliation. The pangkat must reach a settlement within 15 days from when it convenes, extendible by up to 15 more days except in clearly meritorious cases (Section 410(e)).
• No lawyers. The parties must appear in person, without a lawyer or representative (Section 415).
• Settlement. Any settlement must be in writing, in a language the parties know, and signed (Section 411). It becomes like a final court judgment after ten days, unless repudiated (Sections 416 and 418). The Lupon can enforce it within six months; after that, it is enforced through the city or municipal court (Section 417).
• Deadlines paused. While the dispute is in the barangay, the deadlines to file an offense or case are interrupted, but for no more than 60 days from the filing of the complaint (Section 410(c)).

If there is no settlement, the secretary issues a certificate to file action. Each step, with its deadline and section, is in the barangay conciliation timeline and in Barangay hearing process.

Made-up example: Gilbert and Helen live in the same barangay. Gilbert's dog keeps damaging Helen's plants, and Helen wants payment. This is a dispute between residents of the same barangay, so Helen first files a complaint with the punong barangay (Section 409(a)). Both must appear in person. If they settle, the written settlement becomes binding after ten days. If not, the Lupon secretary issues a certification so Helen can go to court.

Labor and employment complaints have their own route. Most of them start with the Single Entry Approach (SEnA) at DOLE, a 30-day mandatory conciliation-mediation. If there is no settlement, the complaint is referred to the office that can decide it, such as a labor arbiter of the NLRC. The PAO also handles labor cases for indigent persons. See How to file a labor complaint and Employee rights in the Philippines.

No. Under Section 33 of Republic Act No. 9262, the Local Government Code sections on barangay settlement (Sections 410 to 413) do not apply in proceedings where relief is sought under the VAWC law. The Punong Barangay, or any available kagawad if the Punong Barangay is unavailable, may issue a barangay protection order (Section 14), but must not pressure the applicant to compromise or give up any relief she asked for. VAWC is a public crime: any citizen who personally knows the facts may file a complaint (Section 25). See How to file a VAWC case.

The PAO represents indigent persons in criminal cases. A person arrested must be told why he or she is detained and may talk to a lawyer at any time on request (Article 125 of the Revised Penal Code). If you cannot afford bail, the law allows release on recognizance in some cases. See Arrest, detention and bail.

Ending a marriage is not done at the barangay. A declaration of nullity, an annulment or a legal separation is a court case under the Family Code. See Annulment in the Philippines and, if you cannot afford a lawyer, ask the PAO. For estates, see Inheritance in the Philippines; for unpaid loans, see Debt and collection.