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House Rent

Requested from PAO by James Harold Francisco at 11:50 AM on Apr 18, 2019.
Purpose: Just to be sure it is in the Law
Date of Coverage: 12/31/2018 - 04/18/2019
Tracking no: #PAO-406017525062

James Harold 11:50 AM, Apr 18, 2019

Good day! I'd like to request an information about this situation.

   We are renting a house, and the Land lord raise up the house rent in 2018, and another in 2021, and when the raise starts in 2021 the house rent will raise yearly by yearly and the Land lord added that it is in the Law.

   It is in the Law? That the Land lord can increase the house rent yearly? Thank you.

PAO-RO 08:33 AM, May 28, 2019

May 28, 2019

Dear James Harold,

Thank you for your request dated Apr 18, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for House Rent.

We received your request on Apr 18, 2019 and will respond on or before May 09, 2019 11:50:19 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster02262018113000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBBTy00MDYwMTc1MjUwNjIM, for request with ticket number #PAO-406017525062.

Thank you.

Respectfully,

PAO-RO PAO
FOI Officer

PAO-LRS-DM 10:06 AM, May 28, 2019

This is in relation to your query with the Freedom of Information with Tracking No. PAO-40607525062, seeking legal advice regarding the imposition of rental increase on your leased property.

	Please be informed that the mandate of our Office is “to represent, free of charge, indigents, and other persons qualified for legal assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after due evaluation, it is determined that the interest of justice will be served thereby” .  

In your situation, as there is a need to further obtain information and the necessity to study the pertinent pieces of evidence relative to the issues at hand, we advise you to immediately and personally consult with a private lawyer so that your situation can be discussed in more detail. 

If, however, you are unable to afford a private lawyer, our Office may be of help provided that you qualify for our free legal services. The qualifications before an applicant may be accepted as a client of the PAO are the Indigency and Merit Tests as provided for by Republic Act No. 9406, or the PAO Law, in relation to the 2016 Revised PAO Operations Manual.

Under the Indigency Test, the applicant must show that his/her individual net income does not exceed the following:


“1.	If residing in Metro Manila, whose individual net income does not exceed P14,000.00 a month;

2.	If residing in other cities, whose individual net income does not exceed P13,000.00 a month;

3.	If residing in all other places, whose individual net income does not exceed P12,000.00 a month.
 
	The term income shall not include the pension received by retirees.

The term “net income” as herein employed shall be understood to refer to the income of the litigant less statutory and authorized deductions.

“Statutory deductions” shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums as well as mandatory deductions.  

Authorized deductions shall be understood to include all deductions as reflected in the pay slip, other deductions with the expressed written consent of the employee and in agreement with the employer, and all other deductions that can be substantiated by the employee.

For purposes of this Section, ownership of land shall not per se constitute a ground for disqualification of an applicant for free legal assistance in view of the ruling in Juan Enaje vs. Victorio Ramos, et al. (31 SCRA 141, G.R. No. L-22109, January 30, 1970) that the determinative factor for indigency is the income of the litigant and not his ownership of real property.”  


Furthermore, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:


“1.  Latest Income Tax Return or pay slip or other proofs of income 
     or;

2.	Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office of the place where you are residing; or 

3. Certificate of Indigency from the Barangay Chairman having jurisdiction over your place of residence.” 


Under the Merit Test, “a case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the PAO will assist, or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of society.”  

Thus, you may visit one of our district offices which is usually located in the Hall of Justice of every city or municipality near your residence. You are advised to bring the documents pertinent to your problem and proof of indigency.


Thank you for writing. 

                                                For and by the Authority of
                                                The Chief Public Attorney:


                                                ATTY. RONALD JEROME P. NIEVES     
                                                OIC, Legal Research Service

PAO-LRS-DM 04:20 PM, Sep 04, 2019

September 4, 2019

Dear James Harold Francisco,

Greetings!

Thank you for your request dated Apr 18, 2019 11:50:19 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for House Rent.

Response to Request

This was answered in a reply at 10:06 am on May 28, 2019.

PAO-LRS-DM PAO
FOI Receiving Officer

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