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CPR Sec. 8.

Time for counsel de officio to prepare for arrai


gnment. – Whenever a counsel de office is appointed by
Rule 6.03 - A lawyer shall not, after leaving government thae court to defend he accused at the arraignment, he
service, accept engagement or employment in connection shall be given a reasonable time to consult with the
with any matter in which he had intervened while in said accused as to his plea before proceeding with the
service. arraignment.

WHAT IS A COUNSEL DE OFFICIO?


Remedies against unauthorized practice
> A counsel de officio is the counsel appointed by t
1. Injunction. he court to
2. Declaratory Relief. represent and defend the accused in case he cannot
3. Contempt of Court. afford to employ one himself
4. Petition for Disqualification.
5. Complaint for Disbarment. WHO CAN BE APPOINTED COUNSEL DE OFFICIO?
6. Administrative complaint for public officer.
7. Criminal complaint for Estafa
> The court, considering the gravity of the offense and
REMEDIES AGAINST UNAUTHORIZED PRACTICE OF the difficulty of the questions that may arise shall appoint as
LAW OF LAWYERS counsel de officio
1. A member of the bar in good standing
1. Declaratory relief;
2. And such member, by reason of his/her experience
2. Petition for Injuction;
and ability, can competently defend the accused
3. Contempt of court;
> ONLY DURING TRIAL: But, in localities where suc
4. Criminal complaint for Estafa against a person who
h members of the bar are not available, the court may
falsely represented himself to be an attorney to the
appoint any person who
damage of a party;
is—
5. Disqualification and complaints for disbarment; or
1. A resident of the province
6. Administrative complaint against the erring lawyer
2. And of good repute for probity and with ability to defend
or government official.
the accused

REMEDIES AGAINST UNAUTHORIZED PRACTICE OF


ARTICLE III SEC 16
LAW OF NON NON-LAWYERS
Section 16. All persons shall have the right to a speedy
1. Declaratory relief;
disposition of their cases before all judicial, quasi-judicial, or
2. Petition for Injuction;
administrative bodies.
3. Contempt of court;
4. Criminal complaint for Estafa against a person who
falsely represented himself to be an attorney to the
damage of a party; Rulee 138 Sec 20

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


attorney:

(g) Not to encourage either the commencement or the


Counsel De Officio continuance of an action or proceeding, or delay any man's
cause, from any corrupt motive or interest;
Sec. 7. Appointment of counsel de officio. – The court,
considering
the gravity of the offense and the difficulty of the ques
tions that may arise, shall appoint as counsel de officio
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 a
ppoint any person, resident of the province and of good
repute for probity and ability, to defend the accused.

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