2.

The synthesis for "The trial of the Chicago 7"            Berbano V. Barcelona 410
SCRA528.

Facts:
Complainant Felicitas Berbano seeks the disbarment of Atty. Wenceslao Barcelona for
Malpractice and Gross Misconduct Unbecoming a Lawyer, Dereliction of Duty and
Unjust Enrichment for collecting money from the complainant and the nephew of the
detained person in the total amount of P64,000.00 for the immediate release of the
detainee (Mr. Daen) through his alleged connection with a Justice of the Supreme
Court.
“He informed us that he just came from the city jail where he had a conversation with
Mr. Daen. He told us that he is going to release Mr. Daen from prison tomorrow,
February 4, 1999. However, in the morning of February 4, we learned from the wife of
Atty. Barcelona when she returned my call that her husband had left for Mindanao early
that morning on board a private plane owned by Chiongbian allegedly to attend a peace
talk with the Muslims.
After more than a week, I went to Putatan, Muntinlupa, because I was informed by the
son of Mr. Daen that he saw Atty. Barcelona there. When I saw him, I confronted him
about his undertaking to release Mr. Daen from prison, but he only advised us not to
worry and promised (again) that he will return the entire amount of P64,000.00 more or
less, on Thursday, February 18, 1999. But I never saw him again since then. I have
repeatedly paged him to return my call but he never returned any of my calls.”
Issue:
WON the Atty. Barcelano should be disbarred.
Ruling:
Yes. This is not the first time that respondent has been charged with and found guilty of
conduct unbecoming a lawyer. In Gil T. Aquino vs. Atty. Wenceslao C. Barcelona,[25]
respondent misrepresented to the complainant that he could secure the restructuring of
the complainant's loan with the PNB through his connection with a certain Gonzalo
Mericullo, legal assistant in the PNB. Based on such misrepresentation, respondent
asked and received the amount of P60,000.00 from the complainant allegedly to be paid
to the PNB. It turned out that there was no such employee in the PNB by the name
Gonzalo Mericullo and the complainant's property was eventually foreclosed. As in the
present case, respondent did not appear before the IBP Commission on Bar Discipline
despite receipt of the notices sent and duly received by him.
Respondent has demonstrated a penchant for misrepresenting to clients that he has the proper
connections to secure the relief they seek, and thereafter, ask for money, which will allegedly be given
to such connections. In this case, respondent misrepresented to complainant that he could get the
release of Mr. Porfirio Daen through his connection with a Supreme Court Justice. Not only that,
respondent even had the audacity to tell complainant that the Justices of the Supreme Court do not
accept checks.

WHEREFORE, for gross misconduct, respondent Wenceslao C. Barcelona is DISBARRED from the
practice of law. His name is ordered STRICKEN from the Roll of Attorneys. He is further directed to
return to complainant Felicitas Berbano the amount of Sixty Four Thousand Pesos (P64,000.00) within
thirty (30) days from notice of this Decision.

3. Read Canons 14 to 17

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
 
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the
latter's race, sex. creed or status of life, or because of his own opinion regarding the
guilt of said person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for rendition of free legal aid.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client
unless:chanroblesvirtuallawlibrary
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional
fees shall observe the same standard of conduct governing his relations with paying
clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY

IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
 
Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another client or his own
interest, and if so, shall forthwith inform the prospective client.

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect
of matters disclosed to him by a prospective client.
Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent
of all concerned given after a full disclosure of the facts.

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion
on the merits and probable results of the client's case, neither overstating nor
understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the
principles of fairness.

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently

with the practice of law shall make clear to his client whether he is acting as a lawyer or
in another capacity.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES

OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
 
Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his
own and those of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or
upon demand. However, he shall have a lien over the funds and may apply so much
thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also have a lien to the same extent on all
judgments and executions he has secured for his client as provided for in the Rules of
Court.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest
are fully protected by the nature of the case or by independent advice. Neither shall a
lawyer lend money to a client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

a. RA 9999 or the Free Legal Assistance Act of 2010

REPUBLIC ACT NO. 9999

AN ACT PROVIDING A MECHANISM FOR FREE LEGAL ASSISTANCE AND

FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine

Congress Assembled:

Section 1. Short Title. - This Act shall be known as the "Free Legal Assistance
Act of 2010".

Section 2. Declaration of Policy. - It is the declared policy of the State to value

the dignity of every human person and guarantee the rights of every individual,
particularly those who cannot afford the services of legal counsel.

Furthermore, it is the policy of the State to promote a just and dynamic social
order that will ensure the prosperity and independence of the nation and free the
people from poverty through policies and programs that provide adequate social
services and improve the quality of life for all.

In addition, the State shall guarantee free legal assistance to the poor and
ensure that every person who cannot afford the services of a counsel is provided
with a competent and independent counsel preferably of his/her own choice, if
upon determination it appears that the party cannot afford the services of a
counsel, and that services of a counsel are necessary to secure the ends of
justice and protect of the party.

Section 3. Definition of Terms. - As provided for in this Act, the term legal
services to be performed by a lawyer refers to any activity which requires the
application of law, legal procedure, knowledge, training and experiences which
shall include, among others, legal advice and counsel, and the preparation of
instruments and contracts, including appearance before the administrative and
quasi-judicial offices, bodies and tribunals handling cases in court, and other
similar services as may be defined by the Supreme Court.
Section 4. Requirements for Availment. - For purposes of availing of the benefits
and services as envisioned in this Act, a lawyer or professional partnership shall
secure a certification from the Public Attorney's Office (PAO), the Department of
Justice (DOJ) or accredited association of the Supreme Court indicating that the
said legal services to be provided are within the services defined by the Supreme
Court, and that the agencies cannot provide the legal services to be provided by
the private counsel.

For purpose of determining the number of hours actually provided by the lawyer
and/or professional firm in the provision of legal services, the association and/or
organization duly accredited by the Supreme Court shall issue the necessary
certification that said legal services were actually undertaken.

The certification issued by, among others, the PAO, the DOJ and other
accredited association by the Supreme Court shall be submitted to the Bureau of
Internal Revenue (BIR) for purposes of availing the tax deductions as provided
for in this Act and to the DOJ for purposes of monitoring.

Section 5. Incentives to Lawyers. - For purposes of this Act, a lawyer or

professional partnerships rendering actual free legal services, as defined by the
Supreme Court, shall be entitled to an allowable deduction from the gross
income, the amount that could have been collected for the actual free legal
services rendered or up to ten percent (10%) of the gross income derived from
the actual performance of the legal profession, whichever is lower: Provided,
That the actual free legal services herein contemplated shall be exclusive of the
minimum sixty (60)-hour mandatory legal aid services rendered to indigent
litigants as required under the Rule on Mandatory Legal Aid Services for
Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court.

Section 6. Information, Education and Communication (IEC) Campaign. - The

DOJ, in cooperation with the Philippine Information Agency (PIA), is hereby
mandated to conduct an annual IEC campaign in order to inform the lawyers of
the procedures and guidelines in availing tax deductions and inform the general
public that a free legal assistance to those who cannot afford counsel is being
provided by the State.1avvph!1

Section 7. Reportorial Requirement. - For purposes of determining the

effectiveness and social impact of the provisions of this Act, the DOJ shall submit
an annual report to both Houses of Congress indicating therewith the number of
parties who benefited from this Act.
 The report shall state in detail, among others, the geographic location,
demographic characteristics and socioeconomic profile of the beneficiaries of this
Act.

Section 8. Implementing Rules and Regulations (IRR). - Within ninety (90) days
from the date effectivity of this Act, the BIR shall formulate the necessary
revenue regulations for the proper implementation of the tax component as
envisioned in this Act.

The Supreme Court shall formulate the necessary implementing rules and
regulations with respect to the legal services covered under this Act and the
process of accreditation of organizations and/or associations which will provide
free legal assistance.

Section 9. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid, the other provisions not affected by such declaration
shall remain in full force and effect.

Section 10. Repealing Clause. - Any law, decree, ordinance or administrative

circular not consistent with any provision of this Act is hereby amended, repealed
or modified accordingly.

Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

b. BM 2012, Feb 10, 2009, Mandatory Legal Aid Service for Practicing Lawyers
(MLAS)

B.M. No. 2012 February 10, 2009

PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR

PRACTICING LAWYERS

RESOLUTION

Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona
re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions
to the Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the
Court Resolved to APPROVE the same.
This Resolution shall take effect on July 1, 2009 following publication of the said
Rule and its implementing regulations in at least two (2) newpapers of general
circulation.

RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Title. - This Rule shall be known as "The Rule on Mandatory Legal
Aid Service."

SECTION 2. Purpose. - This Rule seeks to enhance the duty of lawyers to

society as agents of social change and to the courts as officers thereof by
helping improve access to justice by the less privileged members of society and
expedite the resolution of cases involving them. Mandatory free legal service by
members of the bar and their active support thereof will aid the efficient and
effective administration of justice especially in cases involving indigent and
pauper litigants.

SECTION 3. Scope. - This Rule shall govern the mandatory requirement for
practicing lawyers to render free legal aid services in all cases (whether, civil,
criminal or administrative) involving indigent and pauper litigants where the
assistance of a lawyer is needed. It shall also govern the duty of other members
of the legal profession to support the legal aid program of the Integrated Bar of
the Philippines.

SECTION 4. Definition of Terms. - For purposes of this Rule:

(a) Practicing lawyers are members of the Philippine Bar who appear for and in
behalf of parties in courts of law and quasi-judicial agencies, including but not
limited to the National Labor Relations Commission, National Conciliation and
Mediation Board, Department of Labor and Employment Regional Offices,
Department of Agrarian Reform Adjudication Board and National Commission for
Indigenous Peoples. The term "practicing lawyers" shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to
practice;

(ii) Lawyers who by law are not allowed to appear in court;

(iii) Supervising lawyers of students enrolled in law student practice in duly

accredited legal clinics of law schools and lawyers of non-governmental
organizations (NGOs) and peoples’ organizations (POs) like the Free Legal
Assistance Group who by the nature of their work already render free legal aid to
indigent and pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are
employed in the private sector but do not appear for and in behalf of parties in
courts of law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of
the Rules of Court and Algura v. The Local Government Unit of the City of Naga
(G.R. No.150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and controversies that are
criminal, civil and administrative in nature in whatever stage wherein indigent and
pauper litigants need legal representation;

(d) Free legal aid services refer to appearance in court or quasi-judicial body for
and in behalf of an indigent or pauper litigant and the preparation of pleadings or
motions. It shall also cover assistance by a practicing lawyer to indigent or poor
litigants in court-annexed mediation and in other modes of alternative dispute
resolution (ADR). Services rendered when a practicing lawyer is appointed
counsel de oficio shall also be considered as free legal aid services and credited
as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official national organization of
lawyers in the country;

(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is
specifically tasked with handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee of the IBP which is
specifically tasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of the Integrated Bar of the Philippines
located in the different geographical areas of the country as defined in Rule 139-
A and

(i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer
rendered free legal aid services. In the case of quasi-judicial bodies, it refers to
an officer holding an equivalent or similar position.
The term shall also include an officer holding a similar position in agencies
exercising quasi-judicial functions, or a responsible officer of an accredited PO or
NGO, or an accredited mediator who conducted the court-annexed mediation
proceeding.

SECTION 5. Requirements. -

(a) Every practicing lawyer is required to render a minimum of sixty (60) hours of
free legal aid services to indigent litigants in a year. Said 60 hours shall be
spread within a period of twelve (12) months, with a minimum of five (5) hours of
free legal aid services each month. However, where it is necessary for the
practicing lawyer to render legal aid service for more than five (5) hours in one
month, the excess hours may be credited to the said lawyer for the succeeding
periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for
cases where he may render free legal aid service. He may also coordinate with
the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where
he may render free legal aid service. In this connection, the IBP Legal Aid
Chairperson of the IBP Chapter shall regularly and actively coordinate with the
Clerk of Court.

The practicing lawyer shall report compliance with the requirement within ten (10)
days of the last month of each quarter of the year.

(b) A practicing lawyer shall be required to secure and obtain a certificate from
the Clerk of Court attesting to the number of hours spent rendering free legal aid
services in a case.

The certificate shall contain the following information:

(i) The case or cases where the legal aid service was rendered, the party or
parties in the said case(s) for whom the service was rendered, the docket
number of the said case(s) and the date(s) the service was rendered.

(ii) The number of hours actually spent attending a hearing or conducting trial on
a particular case in the court or quasi-judicial body.

(iii) The number of hours actually spent attending mediation, conciliation or any
other mode of ADR on a particular case.
(iv) A motion (except a motion for extension of time to file a pleading or for
postponement of hearing or conference) or pleading filed on a particular case
shall be considered as one (1) hour of service.

The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be
retained by the practicing lawyer, one (1) copy to be retained by the Clerk of
Court and one (1) copy to be attached to the lawyer's compliance report.

(c) Said compliance report shall be submitted to the Legal Aid Chairperson of the
IBP Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall then
be tasked with immediately verifying the contents of the certificate with the
issuing Clerk of Court by comparing the copy of the certificate attached to the
compliance report with the copy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification, issue a compliance certificate to the
concerned lawyer. The IBP Chapter shall also submit the compliance reports to
the IBP’s NCLA for recording and documentation. The submission shall be made
within forty-five (45) days after the mandatory submission of compliance reports
by the practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed before the courts or
quasi-judicial bodies the number and date of issue of their certificate of
compliance for the immediately preceding compliance period. Failure to disclose
the required information would cause the dismissal of the case and the
expunction of the pleadings from the records.

(f) Before the end of a particular year, lawyers covered by the category under
Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states
that, during that year, they are employed with the government or incumbent
elective officials not allowed by law to practice or lawyers who by law are not
allowed to appear in court.

The form shall be sworn to and submitted to the IBP Chapter or IBP National
Office together with the payment of an annual contribution of Two Thousand
Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the
support of its legal aid program.

(g) Before the end of a particular year, lawyers covered by the category under
Section 4(a)(iii) shall secure a certification from the director of the legal clinic or
of the concerned NGO or PO to the effect that, during that year, they have
served as supervising lawyers in a legal clinic or actively participated in the
NGO’s or PO’s free legal aid activities. The certification shall be submitted to the
IBP Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by the category under
Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that,
during that year, they are neither practicing lawyers nor covered by Section (4)(a)
(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP
National Office together with the payment of an annual contribution of Four
Thousand Pesos (P4,000) by way of support for the efforts of practicing lawyers
who render mandatory free legal aid services. Said contribution shall accrue to a
special fund of the IBP for the support of its legal aid program.

(i) Failure to pay the annual contribution shall subject the lawyer to a penalty of
Two Thousand Pesos (P2,000) for that year which amount shall also accrue to
the special fund for the legal aid program of the IBP.

SECTION 6. NCLA. -

(a) The NCLA shall coordinate with the various legal aid committees of the IBP
local chapters for the proper handling and accounting of legal aid cases which
practicing lawyers can represent.

(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office
with respect to the coordination with Clerks of Court on legal aid cases and the
collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records in compliance with
this Rule.

(d) The NCLA shall prepare the following forms: certificate to be issued by the
Clerk of Court and forms mentioned in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the contributions and
penalties that will be paid by lawyers pursuant to this Rule to effectively carry out
the provisions of this Rule. For this purpose, it shall annually submit an
accounting to the IBP Board of Governors.

The accounting shall be included by the IBP in its report to the Supreme Court in
connection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties. -
(a) At the end of every calendar year, any practicing lawyer who fails to meet the
minimum prescribed 60 hours of legal aid service each year shall be required by
the IBP, through the NCLA, to explain why he was unable to render the minimum
prescribed number of hours. If no explanation has been given or if the NCLA
finds the explanation unsatisfactory, the NCLA shall make a report and
recommendation to the IBP Board of Governors that the erring lawyer be
declared a member of the IBP who is not in good standing. Upon approval of the
NCLA’s recommendation, the IBP Board of Governors shall declare the erring
lawyer as a member not in good standing. Notice thereof shall be furnished the
erring lawyer and the IBP Chapter which submitted the lawyer’s compliance
report or the IBP Chapter where the lawyer is registered, in case he did not
submit a compliance report. The notice to the lawyer shall include a directive to
pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special
fund for the legal aid program of the IBP.

(b) The "not in good standing" declaration shall be effective for a period of three
(3) months from the receipt of the erring lawyer of the notice from the IBP Board
of Governors. During the said period, the lawyer cannot appear in court or any
quasi-judicial body as counsel. Provided, however, that the "not in good
standing" status shall subsist even after the lapse of the three-month period until
and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under this Rule for at least
three (3) consecutive years shall be the subject of disciplinary proceedings to be
instituted motu proprio by the CBD. The said proceedings shall afford the erring
lawyer due process in accordance with the rules of the CBD and Rule 139-B of
the Rules of Court. If found administratively liable, the penalty of suspension in
the practice of law for one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or any form required to be submitted
under this Rule or any contents thereof shall be administratively charged with
falsification and dishonesty and shall be subject to disciplinary action by the
CBD. This is without prejudice to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof by any Clerk of Court
or by any Chairperson of the Legal Aid Committee of the IBP local chapter where
the case is pending or by the Director of a legal clinic or responsible officer of an
NGO or PO shall be a ground for an administrative case against the said Clerk of
Court or Chairperson. This is without prejudice to the filing of the criminal and
administrative charges against the malfeasor.
 SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). - A
lawyer who renders mandatory legal aid service for the required number of hours
in a year for the three year-period covered by a compliance period under the
Rules on MCLE shall be credited the following: two (2) credit units for legal
ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for
alternative dispute resolution, four (4) credit units for legal writing and oral
advocacy, four (4) credit units for substantive and procedural laws and
jurisprudence and six (6) credit units for such subjects as may be prescribed by
the MCLE Committee under Section 2(9), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aid service for the required number of
hours in a year for at least two consecutive years within the three year-period
covered by a compliance period under the Rules on MCLE shall be credited the
following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial
skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for
legal writing and oral advocacy, two (2) credit units for substantive and
procedural laws and jurisprudence and three (3) credit units for such subjects as
may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the
Rules on MCLE.

SECTION 9. Implementing Rules. - The IBP, through the NCLA, is hereby given
authority to recommend implementing regulations in determining who are
"practicing lawyers," what constitute "legal aid cases" and what administrative
procedures and financial safeguards which may be necessary and proper in the
implementation of this rule may be prescribed. It shall coordinate with the various
legal chapters in the crafting of the proposed implementing regulations and, upon
approval by the IBP Board of Governors, the said implementing regulations shall
be transmitted to the Supreme Court for final approval.

SECTION 10. Effectivity. - This Rule and its implementing rules shall take effect
on July 1,2009 after they have been published in two (2) newspapers of general
circulation.

c. Rule 138 Sec.20(h)

Section 20. Duties of attorneys. — It is the duty of an attorney:

(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
Rule 124, Sec.2, & PD 543 Judges and lawyers to act as Counsel the Office- where
there are no practicing lawyers

RULE 124

Procedure in the Court of Appeals

Section 2. Appointment of counsel de oficio for the accused. — If it appears from
the record of the case as transmitted that (a) the accused is confined in prison, (b) is
without counsel de parte on appeal, or (c) has signed the notice of appeal himself, the
clerk of court of the Court of Appeals shall designate a counsel de oficio.

PD 543

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 Order No. 1, dated September 22, 1972, as
amended, do hereby order and decree as follows:

Section 1. Designation of Municipal Judges and lawyers in any branch of the

government service, as counsel de oficio. 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 oficio for an indigent person who is
facing a criminal charge before his court, and the services of such counsel de oficio
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 oficio 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 oficio, and
the District Judge shall forthwith appoint one in accordance with the preceding
paragraph.

For purposes of this Decree an indigent person is 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.

Section 2. Repealing Clause. All laws and decrees inconsistent with this Decree are
hereby repealed.

Section 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.

Rule 116 Sec. 6-8

Rule 116 – Arraignment and Plea

Section 6. Duty of court to inform accused of his right to counsel. — Before

arraignment, the court shall inform the accused of his right to counsel and ask him if he
desires to have one. Unless the accused is allowed to defend himself in person or has
employed a counsel of his choice, the court must assign a counsel de oficio to defend
him. (6a)

Section 7. Appointment of counsel de oficio. — The court, considering the gravity of

the offense and the difficulty of the questions that may arise, shall appoint as counsel de
oficio only such members of the bar in good standing who, by reason of their experience
and ability, can competently defend the accused. But in localities where such members
of the bar are not available, the court may appoint any person, resident of the province
and of good repute for probity and ability, to defend the accused. (7a)
Section 8. Time for counsel de oficio to prepare for arraignment. — Whenever a
counsel de oficio is appointed by the court to defend the accused at the arraignment, he
shall be given a reasonable time to consult with the accused as to his plea before
proceeding with the arraignment. (8)