3 Instances wherein non-lawyers are allowed to appear before the courts or other tribunal.
First Instance. Reiterating a previous article that I had posted on the same subject matter, in the case
of FERDINAND A. CRUZ vs. ALBERTO MINA, HON. ELEUTERIO F. GUERRERO and HON. ZENAIDA
LAGUILLES, G.R. No. 154207, April 27, 2007, the Philippine Supreme Court interpreted, clarified and
implemented:
(a) Section 34, Rule 138 of the Rules of Court,
(b) Bar Matter No. 730, Circular No. 19 governing law student practice, and
(c) Rule 138-A of the Rules of Court (Law Student Practice Rule).
The basic question was “whether the petitioner, a law student, may appear before an inferior court as
an agent or friend of a party litigant.”
The courts a quo held that the Law Student Practice Rule as encapsulated in Rule 138-A of the Rules of
Court, prohibits the petitioner, as a law student, from entering his appearance in behalf of his father, the
private complainant in the criminal case without the supervision of an attorney duly accredited by the
law school.
Section 1 of Rule 138-A provides that a law student who has successfully completed his 3rd year of the
regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without compensation in any civil,
criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law school.
Section 2 of the said Rule provides that the appearance of the law student authorized by this rule, shall
be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly
accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be
filed, must be signed by the supervising attorney for and in behalf of the legal clinic.
However, in Resolution6 dated June 10, 1997 in Bar Matter No. 730, the Court En Banc clarified that the
said Rule, however, is different if the law student appears before an inferior court, where the issues and
procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity
without the supervision of a lawyer.
Section 34, Rule 138 provides that in the court of a justice of the peace, a party may conduct his
litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid
of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney,
and his appearance must be either personal or by a duly authorized member of the bar.
Thus, a law student may appear before an inferior court as an agent or friend of a party without the
supervision of a member of the bar.
The phrase "in the court of a justice of the peace" in Bar Matter No. 730 is subsequently changed to "In
the court of a municipality" as it now appears in Section 34 of Rule 138.
In Section 34 of Rule 138, the appearance of a non-lawyer, as an agent or friend of a party litigant, is
expressly allowed, while Rule 138-A provides for conditions when a law student, not as an agent or a
friend of a party litigant, may appear before the courts.
Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed,
irrespective of whether or not he is a law student.
As succinctly clarified in Bar Matter No. 730, by virtue of Section 34, Rule 138, a law student may
appear, as an agent or a friend of a party litigant, without the supervision of a lawyer before inferior
courts.
Second Instance
On a Party’s Right to Self-Representation
The Rules recognize the right of an individual to represent himself in any case in which he is a
party. The Rules state that a party may conduct his litigation personally or by aid of an attorney, and
that his appearance must be either personal or by a duly authorized member of the Bar. The individual
litigant may personally do everything in the progress of the action from commencement to the
termination of the litigation. A party’s representation on his own behalf is not considered to be a
practice of law as "one does not practice law by acting for himself, any more than he practices medicine
by rendering first aid to himself."
The Court, however, notes the use of the disjunctive word "or" under the Rules, signifying
disassociation and independence of one thing from each of the other things enumerated, to mean that a
party must choose between self-representation or being represented by a member of the bar. During
the course of the proceedings, a party should not be allowed to shift from one form of representation to
another. Otherwise, this would lead to confusion, not only for the other party, but for the court as well.
If a party, originally represented by counsel, would later decide to represent himself, the prudent course
of action is to dispense with the services of counsel and prosecute or defend the case personally.
Third instance
According to Legal Ethics
Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the litigation, in person (Ibid.)
3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is not
available: the judge may appoint a non-lawyer who is:
1. resident of the province
2. of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7,
RRC).
4. Legal Aid Program – A senior law student, who is enrolled in a recognized law school’s clinical
education program approved by the supreme Court may appear before any court without
compensation, to represent indigent clients, accepted by the Legal Clinic of the law school. The
student shall be under the direct supervision and control of an IBP member duly accredited by
the law school.
5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if
1. they represent themselves, or if
2. they represent their organization or members thereof (Art 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act
no. 2259, Sec. 9).
