An Act Amending General Order Number Fifty-Eight, Office of the Military Governor, Series of Nineteen Hundred, Relating to Criminal Procedure, so as to Allow the Court Under Certain Conditions to Assign Counsel who are Not Members of the Bar To Aid Respondents In their Defense
Act No. 440, enacted on August 4, 1902, amends General Order No. 58 concerning criminal procedure in the Philippines. It allows courts to assign counsel to defendants even if the counsel is not a licensed member of the bar, provided that no authorized lawyers are available in the province. The appointed counsel must be a resident of the province and of good reputation. The act emphasizes the need for swift enactment for the public good and takes effect immediately upon passage.
Law Information
- Reference Number
- Act No. 440
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 4, 1902
ACT NO. 440
AN ACT AMENDING GENERAL ORDER NUMBER FIFTY-EIGHT, OFFICE OF THE MILITARY GOVERNOR, SERIES OF NINETEEN HUNDRED, RELATING TO CRIMINAL PROCEDURE, SO AS TO ALLOW THE COURT UNDER CERTAIN CONDITIONS TO ASSIGN COUNSEL WHO ARE NOT MEMBERS OF THE BAR TO AID RESPONDENTS IN THEIR DEFENSE
SECTION 1. Section seventeen of General Order Number Fifty-eight, issued from the office of the United States Military Governor in the Philippine Islands on the twenty-third day of April, nineteen hundred, relating to criminal procedure, is hereby amended by adding at the end thereof the following words:
"The counsel so employed or assigned must be a duly authorized member of the bar: Provided, nevertheless, That in provinces where duly authorized members of the bar are not available, the court may, in its discretion, admit or assign some person, resident in the province and of good repute for probity and ability, to act as counsel for the defendant, although the person so admitted or assigned be not a duly authorized member of the bar."
SECTION 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SECTION 3. This Act shall take effect on its passage.
ENACTED, August 4, 1902.
Cite This Law
An Act Amending General Order Number Fifty-Eight, Office of the Military Governor, Series of Nineteen Hundred, Relating to Criminal Procedure, so as to Allow the Court Under Certain Conditions to Assign Counsel who are Not Members of the Bar To Aid Respondents In their Defense, Act No. 440, Aug 4, 1902 (Philippines)
An Act Amending General Order Number Fifty-Eight, Office of the Military Governor, Series of Nineteen Hundred, Relating to Criminal Procedure, so as to Allow the Court Under Certain Conditions to Assign Counsel who are Not Members of the Bar To Aid Respondents In their Defense, Act No. 440 (Phil. 1902)
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