Question & AnswerQ&A (Act No. 1942)
The main purpose of Act No. 1942 is to provide means whereby poor defendants in Courts of First Instance shall be defended free of cost with certain exceptions.
Judges of the Courts of First Instance are authorized to designate a practicing lawyer in each province who will serve as defensor de oficio.
The defensor de oficio is tasked to represent defendants free of charge in all criminal cases in the Court of First Instance when the defendant cannot afford to hire a lawyer.
No, the defensor de oficio must make a sworn statement promising not to collect money or receive any object as compensation from the defendant unless the court grants special authority for such collection.
Yes, the defensor de oficio may engage in private practice provided it does not conflict with or harm their official duties.
The defensor de oficio is exempted from paying the license tax established under subsection eight of section one hundred and forty-four of Act No. 1189 during the period of their appointment.
The court shall designate an equitable fee to be paid to the defensor de oficio, and such order by the judge is final and not appealable.
The Act does not explicitly state rescission procedures, but the defensor de oficio serves as designated by the court and subject to conditions under the Act.
No, Section 6 clarifies that this Act does not repeal section seventeen of General Orders No. 58, which allows the court under certain conditions to assign counsel who are not members of the bar to aid respondents.
This Act took effect upon its passage on May 20, 1909.