Dear PAO,
My lawyer-cousin is handling my case pro bono. However, he was imprisoned because he is an accused in a criminal case. I cannot afford to hire a lawyer. Can I ask the court to temporarily release him during the scheduled trial dates?
Mayach
Dear Mayach,
No, you cannot ask the court to temporarily release your lawyer-cousin for the purpose of attending your trial dates.
In the case of People vs. Maceda, G.R. Nos. 89591-96, January 24, 2000, Ponente: Honorable Associate Justice Bernardo P. Pardo, the Supreme Court ruled that all prisoners, lawyer or otherwise, are not allowed to practice their professions, nor engage in business or occupation, as these are necessary consequences of arrest and detention, saying:
“Regarding his continued practice of law, as a detention prisoner private respondent Javellana is not allowed to practice his profession as a necessary consequence of his status as a detention prisoner. The trial court’s order was clear that private respondent "is not to be allowed liberty to roam around but is to be held as a detention prisoner." The prohibition to practice law referred not only to Criminal Case No. 4262, but to all other cases as well, except in cases where private respondent would appear in court to defend himself.
"As a matter of law, when a person indicted for an offense is arrested, he is deemed placed under the custody of the law. He is placed in actual restraint of liberty in jail so that he may be bound to answer for the commission of the offense. He must be detained in jail during the pendency of the case against him, unless he is authorized by the court to be released on bail or on recognizance. Let it be stressed that all prisoners whether under preventive detention or serving final sentence cannot practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention. This is a necessary consequence of arrest and detention."
Thus, you cannot ask the court to temporarily release your lawyer-cousin for the purpose of attending your scheduled trial dates. A prisoner-lawyer cannot continue to practice law, except in cases where he/she would appear in court to defend himself/herself. If you cannot hire a private lawyer, you can always visit our district office nearest to your place of residence for the proper evaluation of your case and possible judicial representation, free of charge. Our district offices are usually located at or near the municipal hall, city hall, provincial hall, or hall of justice of each respective municipality, city or province.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
