AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL <i>DE OFICIO</i> FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS.

• Number: Presidential Decree No. 543
• Sections: 3

Preamble

WHEREAS, under existing law, municipal judges and other

lawyers in the government service are prohibited from practicing law;

WHEREAS, there are some places where there are no available

legal practitioners, as a result of which the trial of cases in court is

delayed to the prejudice particularly of detention prisoners;

WHEREAS, for the protection of the rights of the accused who

cannot afford to hire lawyers from other places and to prevent

miscarriage of justice, it is necessary that they be provided with

counsel;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers in me vested by the Constitution as

Commander-in-Chief of the Armed Forces of the Philippines, and pursuant

to Proclamation No. 1081, dated September 21, 1972, and General Order

No. 1, dated September 22, 1972, as amended, do hereby order and decree

as follows:

Section 1

SEC. 1. Designation of Municipal Judges and lawyers in

any branch of the government service, as counsel de officio. — In

places where there are no available practicing lawyers, the District

Judge or Circuit Criminal Court Judge shall designate a municipal judge

or a lawyer employed in any branch, subdivision or instrumentality of

the government within the province, as counsel de officio for an

indigent person who is facing a criminal charge before his court, and

the services of such counsel de officio shall be duly compensated

by the Government in accordance with Section thirty-two, Rule One

Hundred Thirty Eight of the Rules of Court.

If the criminal case wherein the services of a counsel de

officio are needed is pending before a city or municipal court, the

city or municipal judge concerned shall immediately recommend to the

nearest District Judge the appointment of a counsel de officio,

and the District Judge shall forthwith appoint one in accordance with

the preceding paragraph.

For purposes of this Decree an indigent

person in anyone who has no visible means of support or whose income

does not exceed P300 per month or whose income even in excess of P300 is

insufficient for the subsistence of his family, which fact shall be

determined by the Judge in whose court the case is pending, taking into

account the number of the members of his family dependent upon him for

subsistence.

Section 2 Repealing clause.

SEC. 2. Repealing clause. — All laws

and decrees inconsistent with this Decree are hereby repealed.

SEC.

3. Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 21st day of August, in the

year of Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary