Text of the provision
Sec. 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO. However, a private counsel offering free legal service is not barred from representing the petitioner.
Anti-Violence Against Women and Their Children Act of 2004, Republic Act No. 9262 (2004). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
Where the petitioner asks for counsel because she cannot afford a counsel de parte, the court must immediately direct the Public Attorney’s Office (PAO) to represent her. Lack of access to family or conjugal resources — as when the perpetrator controls them — qualifies her for PAO representation, and a private lawyer offering free service is not barred from appearing.
Related provisions
- Section 12 — Enforceability Of Orders.
- Section 14 — Barangay Protection Orders.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.