TEOFILO PAAR, PETITIONER, VS. FORTUNATO V. BORROMEO ET AL., RESPONDENTS.

Teofilo Paar is charged in Manila with treason before the People’s Court, and
prayed that he be assisted in his defense by Andres R. Camasura who is not a
member of the bar. The People’s Court denied the petition, hence, this action
for mandamus.

Sections 3 and 4 of Rule 112 are as follows:

“SEC. 3. Duty of court to inform defendant of his right to have
attorney.—If the defendant appears without attorney, he must be informed by
the court that it is his right to have attorney before being arraigned, and must
be asked if he desires the aid of attorney. If he desires and is unable to
employ attorney, the court must assign attorney de oficio to defend him.
A reasonable time must be allowed for procuring attorney.

“SEC. 4. Who may be appointed attorney ‘de oficio.’—The attorney so
employed or assigned must be a duly authorized member of the Bar. But in
provinces where duly authorized members of the bar are not available, the court
may, in its discretion, admit or assign a person, resident in the province and
of good repute for probity and ability, to aid the defendant in his defense,
although the person so admitted or assigned be not a duly authorized member of
the Bar.”

Sections 29 and 31 of Rule 127 read:

“SEC. 29. Attorneys for destitute litigants.—’A superior court may
assign an attorney to render professional aid free of charge to any party in a
case, if upon investigation it appears that the party is destitute and unable to
employ an attorney, and that the services of counsel are necessary to secure the
ends of justice and to protect the rights of the party. It shall be the duty of
the attorney so assigned to render the required service, unless he is excused
there from by the court for sufficient cause shown.’

“SEC. 31. By whom litigation conducted.—In the court of a justice of
the peace a party may conduct his litigation in person, with the aid of an agent
or friend appointed by him for that purpose, or with the aid of an attorney. In
any other court a party may conduct his litigation personally or by aid of an
attorney, and his appearance must be either personal or by a duly authorized
member of the bar.”

It is clear from these provisions that in Manila where there are many members
of the bar, defendants in the People’s Court may be assisted only by members of
the bar.

Petition denied, without costs.

Paras, Feria, Perfecto, Hilado, Bengzon, Briones, Padilla, and
Tuason, JJ., concur.

MORAN, C.J.:

I certify that Mr. Justice Pablo concurs in
this decision.