Monday, April 13, 2009

When may a non-lawyer litigate in court?

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.