Ensuring That Justice

Is For All

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By DR. PERSIDA V. RUEDA-ACOSTAChief Public Attorney, Public Attorney’s Office

Doctor of Social Development, College of Social Work and CommunityDevelopment,University of the Philippines-Diliman, Quezon City

Senior Executive Fellow, Harvard Kennedy School Climate Reality Leader, The Climate Reality

Project/The Climate Reality Leadership CorpsSenior Fellow, Asian Public Intellectuals Fellowships

Fellow, Salzburg Global SeminarFellow, Japan Legal Aid Association

International Visitor (IV), International Visitors Programof the United States of America

Member, International Legal Aid Group Member, International Association of Bloodstain Pattern Analysts

Member, International Corrections and Prisons Association 4th Placer, 1989 Philippine Bar Examinations

Professor, Ateno de Manila University Law School

“Justice is for all or none at all.”

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“Nasubukan na ba

ninyong hulihin ang hangin?”

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JUSTICE COMES IN MANY FORMS.

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The Public Attorney’s Office exists to provide the

indigent litigants, the oppressed, marginalized

and underprivileged members of the society free access to courts,

judicial and quasi-judicial agencies, by rendering

legal services, counseling and assistance in

consonance with the 7

Constitutional mandate that “free access to courts shall not be denied to any person by reason of poverty” and in order to ensure the rule of law, truth and social justice as components of the country’s sustainable development. 8

Such as –

WHEN WE ARE CALLED UPON BY OTHER GOVERNMENT AUTHORITIES, SUCH AS THE HONORABLE COURTS, THE OFFICE OF THE PRESIDENT, THE SENATE OR CONGRESS, AND THE LIKE;

WHEN THE NEED OF THE PARTY IS PRESSING, THE CASE MAY BE ACCEPTED TEMPORARILY PENDING QUALIFICATION AND/OR ENTRY OF THE COUNSEL DE PARTE

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The PAO rendered legal assistance to

facilitate the release and

dismissal of the rebellion cases of

President Estrada’s 147 supporters in

connection with the May 1, 2001

Malacañang siege

2001

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In 2002, the PAO rendered legal

assistance to former President Joseph Estrada when the Sandiganbayan

appointed Chief Acosta as one of his de oficio lead counsels and 8 public attorneys as

members of his defense team.

Former President Joseph Estrada

2002

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In 2002, the PAO rendered legal assistance to the minor “Angelica”, who was raped in and deported from Sabah.

2002

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In 2003, the PAO rendered legal assistance to 199 Moro Islamic Liberation Front (MILF) suspects during

their hearings in Davao City RTC, regarding the Motion to Suspend Proceedings and Lifting of

Warrants of Arrest in connection with the Davao International Airport and Sasa Wharf bombings. This

led to the subsequent dismissal of their cases.

2003

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In 2003, the PAO rendered legal assistance in the hearings before various courts in Visayas and

Mindanao and subsequent release of 17 out of 32 political prisoners in connection with the

Government of the Philippines and CPP-NDF peace talks Agreement in Oslo, Norway.

2003

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One of the political prisoners was Zenaida Llesis, an alleged ranking level amazona.

The Chief Public Attorney prioritized her release on recognizance, she being a nursing mother to a daughter who was suffering from a congenital heart diseases.Zenaida Llesis

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In 2004, the PAO rendered legal assistance to SPO1 Ronaldo Palmares, Jr. in connection with Fathur Roman Al-Ghozi’s escape from Camp Crame. Thereafter, the criminal charges against Palmares were dismissed by Quezon City courts.

Camp Crame

Fathur Rohman al-Ghozi

2004

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The case of death convicts Roberto Lara and Roderick Licayan (2004-present)

Was opened for retrial in the Regional Trial Court (RTC) of Marikina

The case is significant because of the following positive effects:a. Executions of 217 death convicts were stayed by former President, H.E.

Gloria Macapagal-Arroyo;b. Qualified and sickly 70-year olds and above were pardoned by former

President Arroyo;c. Served as floodgates of presidential reprieves, pardon; and d. Precursor of abolition of death penalty in the Philippines on June 24,

2006

2004

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Thousands of accused and inmates in connection with the Motion to Suspend Lara & Licayan’s Execution and Reopening of their cases resulted to the reprieves of more than 200 death convicts

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In 2004, the PAO rendered legal assistance in facilitating the surrender and release of Amrodin Makasilang, a Kidnapping suspect, who was listed in Order of Battle of National Anti-Kidnapping Task Force (NAKTAF). The case was dismissed by Judge Brigido Artemon Luna of RTC-Parañaque.

2004

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The PAO rendered legal assistance for the transfer to the National Center for Mental Health and subsequent release of Rosalinda Pelonio, a battered wife and psychologically disturbed mother, who killed her own daughters while sleeping.

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In 2007, the PAO rendered legal assistance to 72-year-old Ms. Elena dela Paz, aide for 45 years of the late Philippine film icon, Ms. Nida Blanca. As per DOJ

Resolution dated November 11, 2008, signed by the then Secretary of Justice, Honorable Raul M. Gonzalez,

Ms. Dela Paz was dropped as respondent in I.S. No. 2002-619, and the handling prosecutor was directed to

cause her deletion from the Amended Information

2007

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The cases of the relatives of the victims of the M/V Princess of the Stars maritime tragedy

(pursuant to Department Order No. 439, Series of 2008).

71 civil cases - RTC-Branch 49, Manila Status: DECIDED

64 civil cases - RTC-Branch 10, Cebu CityStatus: ONGOING TRIAL

Criminal case for Reckless Imprudence - RTC-Branch 5, Manila Status: ONGOING TRIAL

2008 - Present

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OCTOBER 14 2015 – RTC-BRANCH 49, MANILA ORDERED SULPICIO

LINES TO PAY 241.7 MILLION PESOS TO THE HEIRS OF THE VICTIMS OF THE M/V PRINCESS OF THE STARS TRAGEDY

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In 2009, the PAO’s legal assistance caused the release by Petition for Habeas Corpus of six (6) babies detained at

the Chinese General Hospital from unpaid hospital bills

2009

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Provisional and temporary legal assistance, i.e. taking of oath, to former Congressman, broadcast journalist and TV news anchor, Mr. Ted Failon and his driver in connection with the Trina Etong suicide case

2009

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In 2009, the PAO assisted the Philippine National Police (PNP) personnel from the ranks of PO1 to PO3 who were involved in the EDSA-NIA Shoot-

Out (pursuant to Department Order

No. 106, Series of 2009)

2009

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The said case was the subject of a Petition for Prohibition before the Court of Appeals, which granted the said petition filed by the PAO on

behalf of the PNP personnel involved. The aforementioned petition assailed the National Police Commission (NAPOLCOM) Resolutions dated February 23, 2009 and March 30, 2009,

respectively placing petitioner-clients of the PAO under preventive suspension and denying their

motion for reconsideration.

2009

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On appeal before the Supreme Court (SC), the NAPOLCOM assailed the Decision of the Court of Appeals in granting the Petition for Prohibition of PNP personnel involved. The SC dismissed the petition filed by the NAPOLCOM for failure to show any reversible error on the part of the Court of Appeals. The NAPOLCOM, represented by the Office of the Solicitor General (OSG), filed a Motion for Reconsideration which was denied again by the SC with finality in a Resolution, dated January 31, 2011. More recently, as of October 2015, the PAO lawyers, representing the two (2) accused police officers, have already finished presenting their evidence on the case while the counsel de parte for the other accused police officer is now set to present his proofs.

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Mediation conducted between the thirteen (13) victims of a plane crash in Las Piñas City and Victoria Air Inc., the plane’s owner, which resulted to the payment of ten thousand pesos (P10,000.00) by the owner to each of the said victims on February 18, 2011.

2011

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The 13 individuals who sought the legal assistance of the Public Attorney’s Office (PAO) were the owners of residential houses that were either totally or partially damaged by fire caused by a plane that crashed and exploded inside a compound at Villa Fidela Subdivision, Las Piñas on October 17, 2009. The fire spread to the congested residential area in Las Piñas City, where the houses of the 13 PAO clients were located. They sought the PAO’s assistance in May 2010. 30

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The Public Attorney’s Office assisted four officials of the Bureau of Jail Management and Penology (BJMP) who were captured in the line of duty by a left-leaning group. Through CPP-NDF Chairman Luis Jalandoni with the help of Bayan Muna (Country First) Partylist Representative Satur Ocampo, Chief Acosta was able to successfully seek their safe and ransom-free release on October 8, 2011 in the mountains of Cotabato (southern part of the Philippines).

2011

Former domestic helper in Quezon City, who was allegedly maltreated for four (4) years by her past employers.

Bonita Baran

Was hurt with a flat iron, struck in the head with hard objects, forced to eat spoiled food and dead cockroaches, and repeatedly punched in the eyes.

There were times when her former employers also detained her in their house.

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2012 - Present

Right eye – already out of sight and her other eye has only 10 percent vision left.

August 2, 2012 – PAO filed charges of attempted murder, physical injuries, and serious illegal detention against her former employers at the Prosecutor’s Office in Quezon City

September 10, 2012 – Bonita’s former employers surrendered to the National Bureau of Investigation (NBI) & were turned over to the Office of the Sergeant at Arms of the Senate

Bonita Baran

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Recently – Baran’s employers filed a MOTION based on DEMURRER to Evidence and was DENIED by the Court. She is still under cross-examination.

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2013The Public Attorney’s

Office rendered provisional assistance to a journalist & political detainee Ericson Acosta.

Chief Acosta was successful in seeking for his treatment for renal disease at the National Kidney and Transplant Institute, as well as his subsequent release from detention in 2013.

2013 Janet Lim Napoles

In the year 2013, Senator Teofisto Guingona III, as then Chairman of the Senate Blue Ribbon Committee, sent us a letter requesting for appropriate legal assistance to Ms. Napoles for a particular Senate Hearing. We heeded the call of the said government office and aided the controversial Ms. Napoles. We were thereafter thanked by the same committee on November 13, through a letter, for “ensuring that all rights of Ms. Napoles were protected.”

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Three minor rape victims from Pangasinan (northern province in the Philippines) who were allegedly raped by their own cousin. Their father sought legal assistance in their behalf, from the Public Attorney’s Office on May 2, 2014.

A case was filed against the said relative on June 2, 2014.

Case Status: On-going trial36

2014

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Two Jesus is Lord (JIL) BIBLE MISSIONARIES who were allegedly raped and murdered by two policemen. The policemen whose Warrant of Arrest was issued on January 15, 2014, are now both in detention.

Case Status: On-going trial

2014

THE CASE OF CADET FIRST CLASS ALDRIN JEFF P. CUDIA

The PAO assisted in filing:Petition-in-Intervention and Manifestation with Motion for Leave to Admit the CHR’s Final Investigation Report in the Petition for Certiorari, Prohibition and Mandamus filed by ATTY. BERTINI CAUSING, a private atty.Manifestation with Motion to Submit Case for Early Resolution

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2014 - Present

Manifestation with Second Motion to Submit Case for Early Resolution

Third Motion to Submit Case for Early Resolution and Reiteration of Manifestation in Lieu of Memorandum

• PMA NAVAL COMMANDER JUNJIE TABUADA- courageously testified in favor of Cadet Cudia that there was an 8-1 voting in favor of Cudia’s acquittal.

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The PAO assisted in filing:Motion for ReconsiderationOmnibus Motion1) for Leave to File Second Motion for Reconsideration2) for Second Reconsideration3) for ClarificationMotion for Reconsideration (re: Motion for Clarification)

THE CASE OFCADET FIRST CLASS ALDRIN JEFF P. CUDIA

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The case of Krisel Mallari

The PAO assisted Krisel in her fight for her right to be issued a certificate of good moral character and to study in a university of her own choice.

2015 - Present

The case of “Katy”

“Katy’s” letter of gratitude for Chief Acosta

2015

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YEAR AcquittalsOther Favorable

Dispositions

Total Number of Acquittals and Other

Favorable Dispositions

2007 13,265 73,328 86,5932008 9,859 72,107 81,9662009 10,906 107,713 118,6192010 12,562 135,905 148,4672011 18,064 155,508 173,5722012 10,687 100,372 111,0592013 11,659 140,793 152,4522014 12,199 137,615 149,814

TOTAL (2007-2014) 99,201 923,341 1,022,542

Acquittals and Other Favorable DispositionsCriminal Cases

2007 to 2014

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Public Attorney's Office2007 to 2014

YEAR Budget (General Appropriations Act) Acquittals Other Favorable

Dispositions

Total Number of Acquittals and Other

Favorable Dispositions (Criminal Cases)

2007 596,419,000 13,265 73,328 86,5932008 725,158,000 9,859 72,107 81,9662009 816,430,000 10,906 107,713 118,6192010 825,121,000 12,562 135,905 148,4672011 1,182,221,000 18,064 155,508 173,5722012 1,350,512,000 10,687 100,372 111,0592013 1,794,631,000 11,659 140,793 152,4522014 1,825,873,000 12,199 137,615 149,814

TOTAL (2007-2014) 9,116,365,000 99,201 923,341 1,022,542

calls for fairness to everyone, and service beyond

oneself. 47

Ang katarungan ay para sa lahat,

kung ang lahat sa atin

ay makatarungan

.48

Ating

Gabayan

Ang

Pamayanan… 49