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PEOPLE v. BONIFACIO SANZ MACEDA

FACTS:

The case involves the custody and detention of private respondent Avelino T. Javellana during the pendency of Criminal Cases Nos. 3350-3355. The trial court issued an order on August 8, 1989, giving custody of Javellana to Atty. Deogracias del Rosario, the Clerk of Court of the Regional Trial Court, Branch 12, San Jose, Antique. The order specified that Javellana was to be detained at Atty. del Rosario's residence but would not be allowed liberty to roam around.

However, Javellana did not strictly comply with the trial court's order as he went about his normal activities, including practicing law. Despite a resolution from the Supreme Court on July 30, 1990, prohibiting Javellana from appearing as counsel in Criminal Case No. 4262, he continued to accept cases and practice law.

In 1997, Senior State Prosecutor Henrick F. Guingoyon filed a motion seeking clarification from the Supreme Court regarding Javellana's appearance as counsel, the custodian of Javellana, and whether Javellana should be considered an escapee or fugitive of justice. The motion was "noted" by the Supreme Court in a resolution dated June 18, 1997.

After the denial of a motion for reconsideration on September 8, 1999, the trial court resumed hearing the criminal cases. On August 2, 1999, Rolando Mijares filed a motion seeking the revocation of the trial court's custody order and the imprisonment of Javellana in the provincial jail.

In response, Javellana filed an urgent motion with the Supreme Court seeking clarification on whether the June 18, 1997 resolution finally resolved the motion for clarification filed by the State Prosecutor.

The Supreme Court, finding that the threats to Javellana's life no longer existed, set aside the trial court's order and ordered Javellana to be detained at the Provincial Jail of Antique. It also clarified that as a detention prisoner, Javellana is not allowed to practice law, except in cases where he appeared in court to defend himself.

Furthermore, the Supreme Court stressed that all prisoners, whether under preventive detention or serving a final sentence, are prohibited from practicing their profession or holding office while in detention. Thus, all the accused in Criminal Cases Nos. 3350-3355 were ordered to be confined in the Provincial Jail of Antique.

The presiding judge of the Regional Trial Court, Branch 12, San Jose, Antique, was directed to continue with the trial of the said criminal cases with all deliberate dispatch and to avoid further delays.

ISSUES:

  1. Whether or not private respondent Javellana should be detained at the Provincial Jail of Antique.

  2. Whether or not private respondent Javellana can continue practicing law while under detention.

RULING:

  1. The trial court's order giving custody of private respondent Javellana to the clerk of court is set aside, and he is ordered to be detained at the Provincial Jail of Antique, San Jose, Antique.

  2. As a detention prisoner, private respondent Javellana is not allowed to practice his profession, except in cases where he appears in court to defend himself.

PRINCIPLES:

  • When a person indicted for an offense is arrested, he is deemed placed under the custody of the law and must be detained in jail during the pendency of the case against him, unless authorized by the court to be released on bail or recognizance.

  • All prisoners, whether under preventive detention or serving a final sentence, are not allowed to practice their profession or engage in any business or occupation while in detention.

  • The presiding judge of the trial court is ordered to continue with the trial of the criminal cases with all deliberate dispatch and to avoid further delay.