F.

APPEARANCE OF NON-LAWYERS LAW STUDENT PRACTICE

RULE 138-A

Law Student Practice Rule

Section 1. Conditions for student practice. — 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. Appearance. — 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.

Section 3. Privileged communications. — The Rules safeguarding privileged communications between attorney and
client shall apply to similar communications made to or received by the law student, acting for the legal clinic.

Section 4. Standards of conduct and supervision. — The law student shall comply with the standards of
professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of
student practice may be a ground for disciplinary action. (Circular No. 19, dated December 19, 1986).

Rules of Court, Rule 138, Section. 34. A law student may appear in his personal capacity without the supervision of a lawyer in inferior
courts.

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. [Cruz
v. Mina (2007)]

NON-LAWYERS IN COURTS

Agent or Friend

 Rules of Court, Rule 138, Sec. 34. In such cases, no attorney client relationship exists; not habitual. An
agent is usually appointed or a friend chosen in a locality where a licensed member of the bar is not
available.

 Civil case - a party in a civil suit may conduct his litigation either personally or with the aid of an
attorney unless the party is a juridical person. Allowed in MTC, RTC, appellate court.

 Criminal case - in a locality where a lawyer is unavailable, a judge may appoint a non-lawyer who is a
resident of the province, and of good repute for probity and ability to defend the accused. Allowed up to
MTC-level only.

 Appearance as law student v. appearance as agent/friend. – Appearance of a non-lawyer is allowed in

inferior courts, 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

Self-representation

Rules of Court, Rule 138, Sec. 34. By whom litigation conducted. In the court of a municipality 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.
Rules of Court, Rule 115, Sec. 1 (c) provides that an accused may waive his right to counsel but if he cannot
protect his rights without the assistance of a counsel, the Court should advise him to secure a counsel de parte
or appoint a counsel de officio to represent him.

Right To Counsel: Absolute and immutable, however, the trial court (TC) may restrict his option to retain a
counsel de parte if:

(1) the accused insists on an attorney he cannot afford

(2) chosen counsel is not a lawyer or
(3) the attorney declines to represent the accused for a valid reason, in which case the TC will appoint his
counsel de officio to represent him.

Counsel de officio - A counsel, appointed or assigned by the court, from among members of the Bar in good
standing who, by reason of their experience and ability, may adequately defend the accused

Counsel de parte - A counsel employed or retained by the party, or the accused.

NON-LAWYERS IN ADMINISTRATIVE TRIBUNALS

Appearance of non-lawyers in administrative tribunals (e.g. NLRC, cadastral court) is allowed but only if they
represent themselves, LAB organization or its members.

Limitations
(1) Non-adversarial contentions
(2) Not habitually rendered
(3) Not charge for payment.

Labor Code - Art. 222. Appearances and Fees.

a. Non-lawyers may appear before the Commission or any Labor Arbiter only:

1. If they represent themselves; or

2. If they represent their organization or members thereof.

b. No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining
agreement shall be imposed on any individual member of the contracting union: Provided, However,
that attorney’s fees may be charged against union funds in an amount to be agreed upon by the
parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void. (As
amended by Presidential Decree No. 1691, May 1, 1980)

Cadastral Act - Sec. 9. Any person claiming any interest in any part of the lands, whether named in the notice
or not, shall appear before the Court by himself, or by some person in his behalf and shall file an answer on or
before the return day or within such further time as may be allowed by the Court. The answer shall be signed
and sworn to by the claimant or by some person in his behalf, and shall state whether the claimant is married
or unmarried, and, if married, the name of the husband or wife and the date of the marriage, and shall also
contain:

(a) The age of the claimant.

(b) The cadastral number of the lot or lots claimed, as appearing on the plan filed in the case by the Director of
Lands, or the block and lot numbers, as the case may be.

(c) The name of the barrio and municipality, township, or settlement in which the lots are situated.

(d) The names of the owners of the adjoining lots as far as known to the claimant.
(e) If the claimant is in possession of the lots claimed and can show no express grant of the land by the
Government to him or to his predecessors in interest, the answer shall state the length of time he has held
such possession and the manner in which it has been acquired, and shall also state the length of time, as far
as known, during which his predecessors, if any, held possession.

(f) If the claimant is not in possession or occupation of the lands, the answer shall fully set forth the interest
claimed by him and the time and manner of its acquisition.

(g) If the lots have been assessed for taxation, their last assessed value.

(h) The encumbrance, if any, affecting the lots and the names of the adverse claimants as far as known.

PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM APPEARING

Small Claims Cases

Rules of Procedure for Small Claims Cases, AM No.08-8-7, Sec. 17. Appearance of Attorneys Not Allowed. —
No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or
defendant.

Katarungang Pambarangay

RA 7160, Sec. 415. In all katarungang pambarangay proceedings the parties must appear in person without
the assistance of counsel or representative except for minors and incompetents who may be assisted by their
next of kin who are not lawyers.

SANCTIONS FOR PRACTICE OR APPEARANCE WITHOUT AUTHORITY

(1) Lawyers without authority
(2) Persons not lawyers

Shari’a Bar passers are not full-fledged Philippine Bar members so they may only practice before Shari’a
courts. Both are counselors, but only the latter is an “attorney.” [Alawi v. Alauya, (1997)]

REMEDIES AGAINST UNAUTHORIZED PRACTICE

(1) Petition for Injunction
(2) Declaratory Relief
(3) Contempt of Court
(4) Disqualification and complaints for disbarment
(5) Criminal complaint for estafa against the person who falsely represented himself as a lawyer to the
damage of another

RA 9285

SEC. 22. Legal Representation in International Arbitration. - In international arbitration conducted in the
Philippines, a party may be presented by any person of his choice. Provided, that such representative, unless
admitted to the practice of law in the Philippines, shall not be authorized to appear as counsel in any Philippine
court, or any other quasi-judicial body whether or not such appearance is in relation to the arbitration in which he
appears.

SEC. 33. Applicability to Domestic Arbitration. - Article 8, 10, 11, 12, 13, 14, 18 and 19 and 29 to 32 of the Model
Law and Section 22 to 31 of the preceding Chapter 4 shall apply to domestic arbitration.