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:
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.
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and decrees inconsistent with this Decree are hereby repealed.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
