Representation By A Non-Lawyer

Category: Criminal Procedure

Representation By A Non-Lawyer

CAN A NON-LAWYER REPRESENT THE ACCUSED DURING ARRAIGNMENT?

>     No,  during  the  arraignment,  it  is  the  obligation  of  the  court  to ensure that the accused is represented by a lawyer because it is the  first  time  when  the  accused  is  informed  of  the  nature  and cause of the accusation against him.

>     This is a task which only a lawyer can do.

>     But during trial, there is no such duty.  The accused must ask for a  lawyer,  or  else,  the  right  is  deemed  waived.    He  can  even defend himself personally.
 

MAY AN  ACCUSED BE VALIDLY  REPRESENTED  BY  A  NON-LAWYER AT THE TRIAL?

>     If the accused knowingly engaged the service of the non-lawyer, he is bound by the non-lawyer’s actions
>     But  if  he  didn’t  know  that  he  was  represented  by  a  non-laywer, the judgment is void because of the misrepresentation
 
N.B:  In MTCs, one can defend himself or by a non-lawyer.
 

WHAT  ARE  THE  CONSEQUENCES  IF  REPRESENTED  BY  A  NON-LAWYER?

1.    He is bound by the rules
2.    He cannot raise right to counsel
 

SUPPOSE X DEFENDS HIMSELF.  IS THIS CONSIDERED A PRACTICE OF LAW UNDER THE DOCTRINE IN CAYETANO V. MONSOD?

>     No, this is an exercise of a constitutional right.