Section 9 of PORTUGUESE CODE OF

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INTRODUCTORY NOTE The Portuguese Code of Civil Procedure, 1939, covers a wide range of topics which are procedural and more. True to the Civil Codification system it also has the pattern of defining a concept and then expounding the rules regulating it. The Portuguese Code of Civil Procedure, 1939, initially survived by virtue of Section 5(1) of the Goa, Daman and Diu Administration Act, 1962. Thereafter, the Code of Civil Procedure of 1908 was extended to Goa by the Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1940 (Official Gazette, Series I, No. 9, dated 02/06/1966) of which Section 4 (1) provided: “4 (1). So much, of any law in force in Goa, Daman and Diu as corresponds to the Civil P. C. of 1908 shall stand repealed as from the coming into, force of this Act in Goa, Daman and Diu. Provided that the repeal shall not affect -

1. (a)the previous operation of any law so repealed or anything duly done or suffered thereunder, or
2. (b)any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
3. (c)any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed. Provided further that, subject to the preceding proviso notifications published, declarations and rules made, places appointed, agreements filed, awards made or filed, scales prescribed, forms framed, appointments made and powers conferred under any law so repealed shall, so far as they are consistent with the said Code or as the case may be, the said Act have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under the said Code or the said Act and by the authority empowered thereby in such behalf. v

1. (2)In every law or notification passed or issued before the commencement of this Act in which reference is made to or to any Chapter or Section or provision of any law hereby repealed, such reference shall, so far as may be practicable, be taken to be made to the said Code, or, as the case may be, to the said Act, or its corresponding part, order, section or rule". Sub-section (1) of Section 1 provided that the Act shall come into force on such date as the Central Government may by notification in the official Gazette appoint. Accordingly, by notification No. S.O. 1597 dated May 24, 1966 published in the Gazette of India, dated June 10, 1966, the Central Government appointed the 15 th June, 1966 as the date on and from which the Civil P. C., 1908 and the Arbitration Act, 1940 came into force in the territory of Goa, Daman and Diu. It is needless to point out that once the Civil P. C., 1908 and the Arbitration Act, 1940 came into force as from 15th June, 1966 all suits and executions were filed under the Civil P. C., 1908 with the result that the Portuguese Code of Civil Procedure, corresponding to the provisions of the Indian Civil P. C. stood repealed. Some of the matters in which the Portuguese Code of Civil Procedure, 1939 remained in force are the following:- 1.Inventory Proceedings – Articles 1369 – 1447, now incorporated in the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 2.Children and Spouses – Articles 1452 – 1470 3.Division and Separation by mutual consent – Divorce by mutual consent – Articles 1471 – 1474 4.Consent through Court – Articles 1477 – 1479 5.Council of family and guardianship – Articles 1490 – 1499 6.Verification of pregnancy – Articles1500 – 1501 7.Assets of Absentee – Articles 1502 – 1506 8.Notice of preemption – Articles 1511 – 1518 9.Estate in abeyance – Articles 1519 – 1522 10.Executorship – Articles 1523 – 1530 vi 11.Rendering of accounts – Articles 1012 – 1022 12.Valuation – Articles 607 – 612 13.Amendment of pleadings – Article 278 14.Stay of proceedings – Article 284 15.Permission through Court – Articles 281 – 291 16.Appeals – Articles 677 – 782 This is only an illustrative, not an exhaustive list. All these topics need a full legislative revision and updating; in particular most of them would need to be specifically incorporated in a new statute. In this translation to guide and facilitate the use of the Code as to which articles are in force or not, notes have been inserted wherever possible below the articles or as footnotes all over the text of this translation. In various areas of law although corresponding Indian Acts have been extended to Goa, there are provisions in the Code of Civil Procedure, 1939 which do not have a corresponding provi- sion in the equivalent Indian legislation. Therefore it is often an open arguable question whether a provision of the said Code of Civil Procedure is in force or not. A comprehensive re-codification of the Code of Civil Procedure, 1939 alongwith the substan- tive Civil Code 1867, (including in it also the Family Laws, Succession and Inventory), the Civil Registration Code, 1912 and Notarial laws into one unit is the need of the hour. Article 348 of the Constitution provides for an English translation of legislation which is in a language other than English. Such a translation is to be published in the Official Gazette and shall thereafter be deemed to be the authoritative text thereof in the English language. The High Court of Bombay at Goa by Order dated 24/03/2017, observations dated 26/09/2018 and a subsequent Order dated 17/10/2018 in Public Interest Litigation (Suo vii Moto) No.1 of 2017 also ordered that an official translation of this Code in English be pre- pared. In this Code, each provision is referred to as an article which corresponds to what we call sec- tion in Indian legislation In the said Code, the word Section is a part of a chapter and consists of a number of articles. Brief titles/ headnotes have been inserted for each Article of the Code so as to facilitate its use. Many concepts in the Code of Civil Procedure do not have a synonymous expression in In- dian or English Law. Hence various legal concepts and expressions have been translated to the nearest possible meaning. Pure Civil Procedure itself is laid down in extreme detail which perhaps we would find exces- sive and unnecessary in view of the pattern to which we are used. Dr. F.E. Noronha viii Internal Organization of the Portuguese Code of Civil Procedure, 1939 The Code is divided into four Books. Each Book is divided into Titles, each Title into Sub- titles, each Sub-title into Chapters, each Chapter into Sections, each Section into Sub Sections, each Sub Section into Divisions and each Division consists of Articles :- Book I – Action – has two Titles Book II – Jurisdiction and prevention of bias – consists of a single Title Book III – Proceedings – consists of four Titles Book IV – Arbitral tribunal – consists of two Titles ix x Preliminary Law (Decree Law No. 29637, of 28 th of May 1939) In exercise of the powers granted by the 2 nd part of No.2 of Article 109 of the Constitution, the Government decrees and I enact the following to operate as law: Article 1 (Promulgation) The Code of Civil Procedure, which is part of present law, is approved. Article 2 (Commencement and extent of operation) The Code shall come into force in the entire continent and adjoining islands on the 1 st day of October of the current year. Article 3 (Revocation of previous law) With effect from the date of the commencement of its operation, all previous legislation on civil and commercial procedure is repealed, and specifically the Code of civil procedure of 8 th November 1876, the decree No.4618 of 13 th July 1918, the decree No.21287 of 26 th May 1932, the Code of commercial procedure of 14 th December 1905 and the Code of Bankruptcies, approved by decree No.25981 of 26 th October 1935. § Sole Paragraph: exception is made for procedural legislation contained in the Labour Code and in the Code for roadways, as well as special legislation on procedure in liquidation of banking houses and expropriations for public purpose. Article 4 (Regime for subsequent alterations) All the modifications which are made in future on matter contained in the Code of civil procedure shall be considered as being part of the same and inserted at appropriate place, such modifications xi being always effected by means of substitution of the modified articles, elimination of articles not in use or by the addition of those which are necessary. Article 5 (Improvements to the Code) It is for the office of the Attorney General of the Republic to receive all the representations suggesting improvements to the Code and to submit to the Government all the measures which are deemed appropriate for this purpose. Article 6 (Extension to the colonies) The Government is hereby authorized to extend the Code of Civil Procedure to the Colonial Empire, with modifications which the special circumstances of the colonies demand. To be published and carried out in the manner contained therein. Palace of the Government of Republic, 28 th

May, 1939. ANTÓNIO ÓSCAR DE FRAGOSO

CARMONA - António de Oliveira Salazar - Mário Pais de Sousa - Manuel Rodrigues Júnior - Manuel Ortins de Bettencourt - Duarte Pacheco - Francisco José Vieira Machado - António Faria Carneiro Pacheco – João Pinto da Costa Leite - Rafael da Silva Neves Duque. xii

Decree Law No.29950 of 30 th of September, 1939. Article 1 Articles 60 th , 471 st , 474 th , 791 st , 792 nd , 806 th and the sole Paragraph of Article 933 rd of the Code of Civil Procedure shall now have following wording:* Article 2 In between Articles 1162 and Article 1164 of the Code of Civil Procedure one article having following text is inserted:* Article 3 The pecuniary jurisdiction of the High Courts is of 20000$ and that of the Courts of judicial division is 6000$, whatever may be the nature of the assets. § 1.Appeal shall always lie to the Supreme Court of Justice: st . From decisions appealed from on the ground of absolute lack of jurisdiction of the court or violation of "res judicata". nd . The order which fixes for the suit, the incidental proceeding or for the preventive and conservatory proceeding the value within the pecuniary jurisdiction of the court of judicial division or the High Court, if the appeal is preferred on the ground that the value exceeds the pecuniary jurisdiction; rd . Any other actions or incidental proceedings for which by a special law such appeal is admissible. § 2. The subject of pecuniary jurisdiction is regulated by law in force at the time of the institution of the action. ________________________________________

• the amended text has been inserted at the appropriate places. xiii Article 4 The collective court shall have jurisdiction to decide cases of value above 6000$, excepting only the suits where special procedure is prescribed which excludes the intervention of the same collective court. In the incidental proceedings, in the preventive and conservatory proceedings and in the executions, the collective court shall intervene only where ordinary and summary procedure of declaration is to be followed and when the value exceeds that limit. § Sole Paragraph: The questions of fact of the jurisdiction of the collective court are those which are to be finally decided. Article 5 Until the new Judicial Statute is not published, the provisions of Article 46 to 68, both inclusive, shall continue in force as well as of Code of Bankruptcy approved by Decree No.25981 dated 26/10/1935, with respective table annexed. Article 6 The fines to be imposed in civil proceeding shall be fixed, unless provided to the contrary, between 50$ and 1000$ and from such amount 50% goes to the account of the court and of the Bar organization, in equal parts, and the balance 50% shall be income of the Government. § Sole paragraph: The fines to be imposed to the litigants in bad faith shall be between 500$ and 50000$ and shall revert, in equal parts to the State and other half to the account of the court and the Bar organization. Article 7 As and when they fall vacant, the posts, one of Judge of the Supreme Court in the cadre of the Supreme Court of Justice and two of Judges in each of the High Courts of Lisbon and Porto are extinguished. Article 8 The 10 th criminal court at Lisbon is extinguished and the judicial circle no.48 to be formed by the judicial divisions of Almada and Montijo, and the respective collective courts shall be constituted xiv of the Judge of the judicial division where the proceeding is pending, by his substitute and by the Judge of other judicial division. Article 9 The proceedings pending in the No. 10 th criminal court, now extinguished, shall be distributed amongst the remaining criminal courts, and the books of registration shall be in the custody of the office of the General Distribution of Criminal Courts. § Sole Paragraph: The disposed files shall be sent to judicial archives. Article 10 The heads of office and of section, their assistants and officials of extinct - 10th Criminal Court of Lisbon, shall be additional receiving 5/6th of their salaries and shall be placed in the corresponding category in the vacancies which occur in the judicial division of respective class, and preferably of the Lisbon. § Sole Paragraph: The officers mentioned in this article, until they continue to be additional may be directed by the Minister of Justice to render service, in the Secretariat of Criminal Court of Lisbon, upon the proposal made by the Chief Justice of the respective High Court. Article 11 This decree law comes into force on the 01 st of October. xv xvi Ministerial Order No. 9677 of 30 th October 1940 The Government of Portuguese Republic, through the Minister of Colonies, in consultation with Superior Judicial Council of the colonies and in terms of Article 91 st of the Organic Charter of the Portuguese Colonial Empire and Article 6 of Decree No.29637 of 28 th May 1939 directs that in all the Colonies the Civil Procedure Code, approved by same decree, and the Decree Law No.29950 of 30 th September 1939 which modified the said Code, be published in order to come into force on 01 st of January 1941, in its application the following shall be observed: st Whenever in any judicial division there is no advocate or solicitor* and the law requires his intervention, the judicial mandate may be exercised by a judicial attorney or by someone who is appointed by the Judge for such purpose. nd If the party does not find anybody who voluntarily agrees to represent him in court, he may apply to the Judge to appoint a representative, who may act as such without any other formality. The appointment shall be done without delay with notice to the appointee, who may plead inability within 48 hours. In the absence of such excuse, or if such excuse is found not justified, the appointee shall represent the client, on the pain of being suspended for six months or fine, if the appointee refuses to act as advocate or attorney. Wherever the expressions like “Court of Lisbon” “Diario do Governo” (Gazette of the Portuguese Central Government in Lisbon) and “General Bank of deposits” are used, the same expressions shall mean and stand substituted respectively by “judge of the judicial division of the capital of the colony”, “Official Gazette” and “establishment where the judicial deposits are made”. _________________________________________________________________________
• There were two categories of qualified and registered lawyers who could represent parties in court: Advocate and Solicitor, the latter with more limited powers; and being however quite different from the solicitor in the English or Indian Legal system. The distinction between Advocate and Solicitor is brought out in Article 33 of the Portuguese Code of Civil Procedure, 1939. xvii The jurisdiction conferred in article 95 is given solely to special municipal judges. When the case is of not special municipal judge, such jurisdiction is limited to 2000$. When the Code uses the expression “heads of the secretariat office”, “staff of secretariat office”, “secretariat office” and “sections” and it does not deal with acts done in the High Court, the same expression shall mean clerk of the court (“escrivães”), assistant to the clerk of the court, “accountant: and “Court office”, as the case may be. What is provided in Article 139 is applicable to all who do not know Portuguese language. It is the judge that shall receive the pleadings and issue the summons upon them being subscribed

by the clerk of the court (escrivao).

The disciplinary action by the Bar Council and Chamber of Solicitors shall be exercised by the judge, to the extent applicable. The expression “regedor” shall always be understood as “local administrative authority” The periods of the extension of the time limit, as provided in Article 180 and all the procedural steps to which the party has to attend personally, may be altered by the judge, as he deems fit, taking into consideration the distance, facility of communication and the nature of the procedural steps. xviii

Article 209 and its Paragraph is not attracted and the distribution is to be done in the High Court by the judges and in the judicial divisions by the clerks of the court. The expression continent or adjacent islands and country is to be understood as “Colony”. The proceeds of the fines referred to in the Article 6 of the Decree Law No.29950 shall revert to the State and the account of the Court in equal shares. The provisions referring to Collective Court are not attracted and the function continues to be exclusive jurisdiction of the judges who will decide on law and facts. The category No.7 of Article 222 shall have following divisions: st . Pauper proceedings and inventory upto l000$. nd . Inventories of more than 1000$00 to 5000$00 rd .“““5000$00 to 10000$00. th .

“““10000$00 to 50000$00. th . “““50000$00 to 100000$00. th . “““100000$00 to 500000$00. th

. “ more than 500000$00

The inventories included in Nos. l and 2 and proceedings of estate upto 10000$00 are exempted from costs and stamp duty; and in No.3 there shall not be rise in the percentage of 30% and on the sole enrolment of 10$00 for the accountant. The jurisdiction conferred on to “Tutoria da infancia” (Children Court) is exercised by the judge xix

and the “council of tutelage” continues to be as per the legislation in force. The notices, summons and public notices shall be done by the post when such services are available; otherwise they will be done by writ under the order of the Court. The pecuniary jurisdiction of High Court shall of 20000$ and of the judges shall be 3000$, whatever may be the nature of the assets. The provisions relating to unions are not attracted and such powers shall be exercised by the judge and fiscal curators as per previous legislation. The publication referred to be done in the newspaper shall be done through the Gazette when there is no newspaper in the colony. In the summary proceeding, the evidence shall always be recorded in writing unless the parties have renounced the right to appeal. The decision by High Court shall be taken by 3 unanimous votes, and if there is no unanimity, the matter shall go with endorsement to as many judges as may be necessary to obtain the majority and if still there is no majority, the matter shall be sent to the High Court of Lisbon. In the colonies of Timor, Macau and India, the values in escudos are converted into local currency, as per prevailing exchange rate:

1. (a)of the plaint, execution or other proceeding, for the purpose of pecuniary jurisdiction of the xx court and costs.
2. (b)Towards fulfilment of obligation, the value will be as per quantum of liability.
3. (c)Of the distribution, regarding inventories, inheritance and similar proceedings.
4. (d)Of the doing of an act when the law directs to consider it. In the remaining colonies, the “escudos” will be calculated as per the rate prevailing in the main land. What is provided in Article 140 shall be applicable to the documents written in the language or dialect spoken in the region, which are not simply variation of Portuguese language. The provision of Article 180 is applicable to the letters issued by the colonies mentioned in clause (c), (d) and (e) which are to be executed in the main land or in the adjacent islands, because of the extended period of limitation is the same referred to in the clauses for opposite case. The rule prescribed in the previous number is applicable with analogy to the case foreseen in Article 181. In the certified copy referred to in Article 232, the bailiff shall identify the witnesses by their names, status, profession and residence. The information which by the said Code are collected from parish priest and local administrative authority (regedor) in the colonies shall be obtained from parish priest or missionary or from any other local administrative authority. To the article 588, following addition to be made: xxi Governors General; Governors of Colony; Governors of Province; Governors of District. To the No.6 of Article 588 shall be added following words: - “Save in the cases foreseen in first part of Article 595, in the third part of the same Article and second part of Article 604”. In the No.2 of Article 589, following words are to be added: “and the Portuguese Catholic missionaries.” What is provided in Article 631 is extended to: Governors General; Governors of Colony; Governors of Province; Governors of District; Chief Justices of High Courts; Procurators of the Republic, Dealing with the President of Republic, the communication referred to in Paragraph shall be done through Ministry of Colonies, which will transmit to the Ministry of Justice, followed by other formalities. Dealing with governors or “judges”, paragraphs 2 and 3 of the same article shall be applicable. The exchanges referred to in articles 882, 883 and 884 shall be of the continent and for that purpose necessary letters of requests shall be sent. xxii In the notices and publications required by article 890, the moveables shall be identified in such a manner to indicate precisely their quality, nature, substance, type and other details convenient for its individuality; and it will be declared what is the value for which each of them will go on for auction. In the judicial divisions of the State of India, whenever the judgment debtor uses of the power conferred by second part of Article 894, as well as in the case of Article 904, the claimant or the bidder shall deposit half of the price offered, and deposit of the amount shall be made: as to the bidder, at the time of the conclusion of the bid and as to any claimant, within the period of 5 days from the date of the offer made by the judgment debtor. In the judicial divisions of Judicial District of Nova Goa, as far as agrarian Comunidades are concerned, the following shall be observed: a) The service of summons shall be made on the person of Administrator or the person who substitutes him; b) The Comunidades may use against key holders and watchman, debtors and their sureties or against those who, by any other manner, are constituted as Receivers of moneys, of the shares and privileges which by law belong to the National Exchequer (Fazenda) to take steps for the recovery of their credits, in accordance with Code of Comunidades, approved by legislative Diploma No.651, of the State of India dated 30/03/1933; c) The Comunidades are represented in the Court in accordance with Article 12 of the said Code of Comunidades. d) The attachments for recovery of the debts payable by the Comunidades, may be done on their credits, liquid income, as per their estimate, receipts and expenditure and any other income but never on their immobile assets. The attachment always will be done in the hands of the treasurer of the Comunidade, with the assistance of the respective clerk, who on his own responsibility shall bring to the notice such attachment to the Administrator, within 24 hours, for the necessary purposes; the clerk entrusted xxiii with the file shall declare in the report of the attachment the amount to be recovered and accessories; e) The proceeds of the “jono” of the components of the Comunidades and of rights to the future proceeds may only be seized or attached for their debts to the Comunidade and their subrogates; Besides this, it is permissible to seize or attach only the amount of the said proceeds already accrued to which they have right at the time of the attachment. In the judicial division to which reference is made in No.36, following shall be observed, in the case of families of gentiles. a) The personal summons to be served on the person of any member of a gentile family, may be made on the person of the head of the family or on the administrator of the same, or of any substitute as per the usages and customs directed to be observed by the civil law. b) The gentile families who reside in the same house and live under common domestic economy are considered for the purposes of the Code of Civil Procedure, as family societies, governed and administered in accordance with respective usages and customs, by the head of the family or administrator lawfully constituted, who shall be competent to represent them in the Court. Articles 770, 771 and 772 of the Code of Civil Procedure approved by Charter of Law dated 08/11/1876 are maintained. This government order substitutes for all purposes, the Government order No.9605 published in the Government Gazette dated 20/07/1940. To be published in the Official Gazette of all the colonies. Ministry of Colonies, 30 th October 1940 The Minister of Colonies, Francisco Jose Vieira Machado Note: The text of this decree required official updating since the expression colony was replaced by overseas province by article 134 of the Portuguese Constitution. xxiv xxv INDEX 1. By way of Power of Attorney of public nature or deemed as public; 2. By way of signature of the party followed by signature of the advocate in the plaint or in the written statement. In that case signature of the party is required to be done before the public notary who has to verify the identity of the grantor of the power of attorney. Civil Code Articles 1320 and 1322. Article 36 - Contents and scope of Judicial mandate - When the party signs the first pleading as per the preceding article, it is understood that he gives powers to the advocate who represents him in all the acts and steps of the main proceedings and respective incidental proceedings even in the higher courts. § Sole Paragraph: Powers referred to in this article includes power of sub delegation. Article 37 - Scope of power of attorney - When the party declares in the power of attorney that he grants powers for the purpose of court matters or to represent him in any action, this power of attorney will have extent as specified in the preceding article. Article 38 - Specific powers required for admitting, relinquishing or settling claim - Authorized representatives in Judicial proceedings (advocate or legal advisors) may only admit the claim in the proceedings, compromise the matter or withdraw the proceedings when they are authorized by power of attorney which specifies the proceedings and expressly authorizes them to do any of these acts. Articles 298 and 300 of this Code.

Article 39 - Binding effect of admission by representative – The express assertions and

admissions of facts made by the power of attorney bind the party, unless they are rectified or withdrawn within five days. The admissions made during the hearing cannot be withdrawn but may be rectified before the conclusion of the trial. Article 562, 565, sole paragraph of 570 of this Code. Article 40 - Revocation and relinquishment of mandate - An application for revocation and renunciation of the Power of Attorney shall be made in the same proceedings and notified, as much to the grantor or to the holder of the power of attorney as to the opposite party. The revocation and renunciation takes effect from the date of notice, except in proceedings in which appointment of an advocate is compulsory, because in such case the renunciation takes effect after the appointment of the new mandatary. § Sole Paragraph: If a party, after being notified of the renunciation, delays the appointment of the new advocate in the cases where appointment is mandatory, the attorney may apply to the court for fixing time for such purpose. After the expiry of time without the party making provision to appoint new advocate, the appointment already done is considered as extinguished and the party will remain ex-parte. Article 33 and 263 of this Code. Article 41 - Absence, insufficiency and irregularity of mandate - The absence, insufficiency or irregularity of the Power of Attorney may be raised at any stage by the opposite party and the court may take suo moto cognizance of the same. The judge shall fix the time within which the lack or defect shall be cured and whatever is recorded be ratified. After such time is over without regularization, whatever has been done by the attorney shall be of no effect and the latter should be directed to pay respective costs and compensation for the damages already caused. Article 449 (e) and paragraph 1 of this Code.

Article 42 - Legal representation as part of administration of affairs - In case of urgency, one advocate or legal advisor may act as attorney and the manager of the business of the party. However, in the event such party does not ratify the acts within the period stipulated, the manager shall be directed to pay costs and damages which might have been suffered by the opposite party or to the party whose management he assumed. Civil Code Article 1723 Article 43 - Expert assistance to lawyers - Where in the course of the proceedings questions of technical nature arise for which the advocate does not have necessary preparedness, he may take the assistance, at the time of leading evidence and submission of arguments, of a person who possesses special knowledge to deal with the said questions. Upto eight days before the hearing the advocate shall indicate the person chosen by him and the question or questions for which he finds necessary to have his assistance; immediately notice of this shall be given to the advocate of the other side who within five days may exercise identical right. The intervention may be refused when it is found unnecessary. § Sole Paragraph: In relation to questions which are to be addressed, the expert shall have same rights and duties as the attorney, but he shall give his assistance under the direction of the respective advocate. Articles 76 and 650 of this Code. Article 44 - Provision of legal aid - If the party does not find anybody who voluntarily agrees to be his advocate, he may approach the President of the Bar Council of the district or its delegation that they appoint an advocate for him. The appointment shall be made without delay and notified to the appointee, who may plead excuse within 48 hours. In the absence of any excuse or if the same is not found justified by the appointer, the advocate should accept the appointment, failing which he shall be subject to disciplinary proceedings. § Sole Paragraph: Whatever is provided in this article is also applicable to legal advisor. However, the functions of the president of Bar council of the District or his delegate shall be exercised by the judge. The judge also shall make the appointment when the president does not make the appointment of advocate within five days or in the case of urgency. Judicial organization Article 561.

TITLE II EXECUTION