Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 543)
The main purpose of Presidential Decree No. 543 is to authorize the designation of municipal judges and government lawyers to act as counsel de officio for indigent accused persons in places where there are no available practicing attorneys, to protect their rights and prevent miscarriage of justice.
Municipal judges or lawyers employed in any branch, subdivision, or instrumentality of the government within the province can be designated as counsel de officio where there are no available practicing lawyers.
The District Judge or Circuit Criminal Court Judge has the authority to designate a municipal judge or a government-employed lawyer as counsel de officio.
The city or municipal judge must immediately recommend to the nearest District Judge the appointment of a counsel de officio, who shall be appointed by the District Judge.
An indigent person is defined as someone who has no visible means of support, whose income does not exceed P300 per month, or whose income is insufficient for his family's subsistence, as determined by the judge taking into account the number of dependents.
Yes, the services of the counsel de officio shall be duly compensated by the government in accordance with Section 32, Rule 138 of the Rules of Court.
No, municipal judges and other lawyers in government service are generally prohibited from practicing law, but this decree provides an exception to this rule for them to act as counsel de officio in specific circumstances.
All laws and decrees inconsistent with this decree are repealed.
This decree took effect immediately upon its signing on August 21, 1974.
The decree was issued by President Ferdinand E. Marcos by virtue of his powers as Commander-in-Chief of the Armed Forces of the Philippines and pursuant to Proclamation No. 1081 (September 21, 1972) and General Order No. 1 (September 22, 1972).