Counsel de Officio for Indigent Accused

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PRESIDENTIAL DECREE NO. 543: Counsel de Officio for Indigent Accused

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Title Source: Supreme Court: Counsel de Officio for Indigent Accused

Law: Presidential Decree No. 543

Decision Date: Aug 20, 1974

Presidential Decree No. 543 authorizes the designation of municipal judges and lawyers as counsel de oficio for indigent accused individuals in areas without practicing attorneys, aiming to protect their rights and prevent miscarriage of justice, with immediate effect and repeal of inconsistent laws.

Law Summary

Scope and Application

Applies specifically in places where there are no available practicing lawyers.
The district or circuit criminal court judge is tasked with designating a suitable municipal judge or government lawyer.
For criminal cases pending in city or municipal courts, the city or municipal judge must recommend to the nearest district judge the appointment of a counsel de officio, who will then be appointed by the district judge.

Definition of Indigent Person

An indigent person is one without visible means of support or with an income not exceeding P300 per month.
Even those earning more than P300 per month can be considered indigent if their income is insufficient for family subsistence.
The judge in the pending case will determine indigency, considering the number of dependents.

Compensation for Counsel De Officio

Government shall duly compensate counsel de officio in accordance with Section 32, Rule 138 of the Rules of Court.

Repealing Clause

All laws and decrees inconsistent with this decree are repealed.

Effectivity

The decree takes effect immediately upon issuance.

END