WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED?
1. He shall promptly undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the prisoner, requiring such person to advise the prisoner of his right to demand trial
2. Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and his right to demand trial. If at anytime thereafter, the prisoner informs the custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney
3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial
4. When the person having custody of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial, the prisoner shall be made available accordingly.
Sec. 7. Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that he latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or, is serving a term of imprisonment in any penal institution, it shall be his duty to do the
following:
(a) Shall promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right and demand trial.
(b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.
(d) When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purpose of trial, the prisoner shall be made available accordingly.