FERDINAND A. CRUZ v. ALBERTO MINA, et al.

G.R. SP. 154207, 27 April 2007, Austria-Martinez, J. (Third Division)

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.

lerdinand (ruz iled beore the Me1( a ormal Lntrv o Appearance. as priate
prosecutor. in a criminal or Grae 1hreats. where his ather. Mariano (ruz. is the complaining
witness. 1he petitioner. describing himsel as a third vear law student. justiies his appearance as
priate prosecutor on the bases o Section 34 o Rule 138 o the Rules o (ourt and the ruling o
the (ourt v avc in (antimbuhan . Judge (ruz. Jr. that a non-lawver mav appear beore the
inerior courts as an agent or riend o a partv litigant. 1he petitioner urthermore aers that his
appearance was with the prior conormitv o the public prosecutor and a written authoritv o
Mariano (ruz appointing him to be his agent in the prosecution o the said criminal case.
loweer. the Me1( denied permission or (ruz to appear as priate prosecutor on the ground
that (ircular No. 19 goerning limited law student practice in conjunction with Rule 138-A o
the Rules o (ourt Law Student Practice Rule, should take precedence oer the ruling o the
(ourt laid down in (antimbuhan: and set or continuation o trial.
(ruz iled beore the Me1( a Motion or Reconsideration seeking to reerse the Order
alleging that Rule 138-A. or the Law Student Practice Rule. does not hae the eect o
superseding Section 34 o Rule 138. or the authoritv to interpret the rule is the source itsel o
the rule. which is the Supreme (ourt alone. It was denied. \hen the case reached the R1(. the
trial court held that there being no claim or ciil indemnitv. the interention o a priate
prosecutor is not legallv tenable. 1hus. (ruz directlv iled with the Supreme (ourt the instant
petition.
ISSUL:
\hether or not (ruz. a law student. mav appear beore an inerior court as an agent or riend o
a partv litigant
HLLD:
1he Petition is GRAN1LD.
1his (ourt. in exceptional cases. and or compelling reasons. or i warranted bv the
nature o the issues reiewed. mav take cognizance o petitions iled directlv beore it.
1he courts a qvo held that the Law Student Practice Rule as encapsulated in Rule 138-A
o the Rules o (ourt. prohibits (ruz. as a law student. rom entering his appearance in behal o
his ather. the priate complainant in the criminal case without the superision o an attornev
dulv accredited bv the law school.

Rule 138-A or the Law Student Practice Rule. proides:
Section 1. Covaitiov. tor tvaevt Practice. - A law student who has
successullv completed his 3rd vear o the regular our-vear prescribed law
curriculum and is enrolled in a recognized law school's clinical legal education
program approed bv the Supreme (ourt. mav appear without compensation in anv
ciil. criminal or administratie case beore anv trial court. tribunal. board or oicer.
to represent indigent clients accepted bv the legal clinic o the law school.

Sec. 2. .ppearavce. - 1he appearance o the law student authorized bv this
rule. shall be under the direct superision and control o a member o the Integrated
Bar o the Philippines dulv accredited bv the law school. Anv and all pleadings.
motions. bries. memoranda or other papers to be iled. must be signed bv the
superising attornev or and in behal o the legal clinic.

1he rule. howeer. is dierent i the law student appears beore an inerior court. where
the issues and procedure are relatielv simple. In inerior courts. a law student mav appear in his
personal capacitv without the superision o a lawver. Section 34. Rule 138 proides:

Sec. 34. y rbov titigatiov i. covavctea. - In the (ourt o a municipalitv a
partv mav conduct his litigation in person. with the aid o an agent or riend
appointed bv him or that purpose. or with the aid o an attornev. In anv other
court. a partv mav conduct his litigation personallv or bv aid o an attornev and his
appearance must be either personal or bv a dulv authorized member o the bar.

1hus. a law student mav appear beore an inerior court as an agent or riend o a partv
without the superision o a member o the bar.
1here is reallv no problem as to the application o Section 34 o Rule 138 and Rule 138-
A. In the ormer. the appearance o a non-lawver. as an agent or riend o a partv litigant. is
expresslv allowed. while the latter rule proides or conditions when a law student. not as an
agent or a riend o a partv litigant. mav appear beore the courts.
Petitioner expresslv anchored his appearance on Section 34 o Rule 138. 1he court a qvo
must hae been conused bv the act that petitioner reerred to himsel as a law student in his
entrv o appearance. Rule 138-A should not hae been used bv the courts a qvo in denving
permission to act as priate prosecutor against petitioner or the simple reason that Rule 138-A
is not the basis or the petitioner`s appearance.
Section 34. Rule 138 is clear that appearance beore the inerior courts bv a non-lawver is
allowed. irrespectie o whether or not he is a law student. As succinctlv clariied in Bar Matter
No. 30. bv irtue o Section 34. Rule 138. a law student mav appear. as an agent or a riend o a
partv litigant. without the superision o a lawver beore inerior courts.
1he R1( stated in its Decision that there was no claim or ciil indemnitv or damages.
and that the records o the case do not proide or a claim or indemnitv: and that thereore.
(ruz`s appearance as priate prosecutor appears to be legallv tenable.
Under Article 100 o the Reised Penal (ode. eerv person criminallv liable or a elonv
is also ciillv liable except in instances when no actual damage results rom an oense. 1he basic
rule applies in the instant case. such that when a criminal action is instituted. the ciil action or
the recoerv o ciil liabilitv arising rom the oense charged shall be deemed instituted with
criminal action. unless the oended partv waies the ciil action. reseres the right to institute it
separatelv or institutes the ciil action prior to the criminal action.
(ruz is correct in stating that there being no reseration. waier. nor prior institution o
the ciil aspect in the criminal case. it ollows that the ciil aspect arising rom Grae 1hreats is
deemed instituted with the criminal action. and. hence. the priate prosecutor mav rightullv
interene to prosecute the ciil aspect.
1he Me1( o Pasav (itv is directed to admit the Lntrv o Appearance o lerdinand
(ruz in the criminal case as a priate prosecutor under the direct control and superision o the
public prosecutor.