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Authorizing The Designation Of Municipal Judges And Lawyers In Any Branch Of The Government Service To Act As Counsel De Oficio For The Accused Who Are Indigent In Places Where There Are No
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Authorizing The Designation Of Municipal Judges And Lawyers In Any Branch Of The Government Service To Act As Counsel De Oficio For The Accused Who Are Indigent In Places Where There Are No
Presidential Decree No. 543
August 21, 1974
Case Overview and Summary
Summary of Presidential Decree No. 543Designation of Counsel de Oficio for Indigent Accused
- In places where there are no available practicing lawyers, the following provisions apply: (Section 1)
• The District Judge or Circuit Criminal Court Judge shall designate a municipal judge or a government lawyer within the province as counsel de oficio for an indigent person facing a criminal charge before the judge's court.
• The services of the counsel de oficio shall be compensated by the government in accordance with Section 32, Rule 138 of the Rules of Court.
• If the criminal case is pending before a City or Municipal Court, the judge shall recommend to the nearest District Judge the appointment of a counsel de oficio, and the District Judge shall appoint one.
• An indigent person is defined as anyone who has no visible means of support, or whose income does not exceed P300 per month, or whose income, even if exceeding P300, is insufficient for the subsistence of their family, as determined by the judge considering the number of family members dependent on the person. (Section 1)
Repealing Clause and Effectivity
• All laws and decrees inconsistent with this Decree are repealed. (Section 2)
• This Decree shall take effect immediately. (Section 3)
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Authorizing The Designation Of Municipal Judges And Lawyers In Any Branch Of The Government Service To Act As Counsel De Oficio For The Accused Who Are Indigent In Places Where There Are No
Presidential Decree No. 543
•August 21, 1974
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 543 August 21, 1974
AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS
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...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
counsel de oficio
indigent accused
criminal cases
municipal judges
government lawyers
legal representation
compensation
income threshold
family subsistence
repealing clause
effectivity
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 543 August 21, 1974
AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS
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...
Login to see full content
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