Professional Documents
Culture Documents
Law Student Rule
Law Student Rule
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RULE 138-A
LAW STUDENT PRACTICE RULE
SC Circular No. 19, prom. Dec. 19, 1986
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…LAW STUDENT PRACTICE RULE
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…LAW STUDENT PRACTICE RULE
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Rul e 138 ( RRC) Sec. 34
• Rul e 138 (RRC) Sec. 34. By who m liti gati on conduct ed. -
I n t he court of a justi ce of t he peace a party may
conduct hi s liti gati on in person, with t he ai d of an
agent or friend appoi nted by hi mf or t hat pur pose, or
wi t h t he ai d of an att orney.
I n any ot her court, a party may conduct hi s liti gati on
personall y or by ai d of an att or ney, and hi s
appear ance must be ei t her personal or by a dul y
aut hori zed me mber of t he bar.
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Rul e 138 sect i on 34 does not appl y i n
cases bef or e t he RTC
• The Rules are clear. In municipal courts, the litigant may be
assisted by a friend, agent, or an attorney. However, in cases
before the regional trial court, the litigant must be aided
by a duly authorized member of the bar. The rule invoked
by the Torcinos applies only to cases filed with the regional
trial court and not to cases before a municipal court. -
Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985
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Reconciling the 2 rules
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The phrase“In the court of a justice
of the peace”means:
• The ph rase “In the court o f a ju stice o f the peace” in
Bar Matte r No . 730 is subsequen tly changed to “In the
cou rt o f a m un ic ipa lity” as it now appears in Section 34
o f Ru le 138 , thu s:
• SEC . 34 . By w hom litigation is conducted . — In the
Cou rt o f a m un ic ip a lity a party m ay conduct h is
litig a tion in person , w ith the a id of an agen t or friend
appo in ted by h im fo r that pu rpose , o r w ith the aid o f an
atto rney . In any o ther cou rt, a party m ay conduct h is
litig a tion persona lly o r b y a id o f an atto rney and h is
appearance m ust be e ither pe rsona l o r b y a du ly
au tho rized m em ber o f the bar. - Cruz v . M ina G R no .
154207 April 27 , 2007
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The term "Municipal Trial Courts" as
used in these Rules shall include:
1. Metropolitan Trial Courts,
2. Municipal Trial Courts in Cities,
3. Municipal Trial Courts, and
4. Municipal Circuit Trial Courts.
- Cruz v. Mina GR no. 154207 April 27, 2007
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BAR MATTER NO.730
June 13, 1997
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Law student can appear without
supervision of a lawyer
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Caution when one act
as his own attorney
• This provision means that in a litigation, parties may
personally do everything during its progress -- from
its commencement to its termination. When they,
however, act as their own attorneys, they are
restricted to the same rules of evidence and
procedure as those qualified to practice law;
otherwise, ignorance would be unjustifiably rewarded.
Individuals have long been permitted to manage,
prosecute and defend their own actions; and when they
do so, they are not considered to be in the practice
of law. "One does not practice law by acting for
himself any more than he practices medicine by
rendering first aid to himself.“ – Maderada v. Judge
Mediodea, A.M. No. MTJ-02-1459. October 14, 2003
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Appearing as his own attorney is not
“practice of law”
• Clearly, in appearing for herself, complainant was
not customarily or habitually holding herself out
to the public as a lawyer. Neither was she
demanding payment for such services. Hence, she
cannot be said to be in the practice of law. -
Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459.
October 14, 2003
• The law allows persons who are not lawyers by
profession to litigate their own case in court.
The right of complainant to litigate her case
personally cannot be taken away from her. -
Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459.
October 14, 2003
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UNAUTHORI ZED PRACTI CE OF LAW
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Threefold rationale behind the Law
Student Practice Rule
• 1. to ensure that there will be no miscarriage of
justice as a result of incompetence or inexperience
of law students, who, not having as yet passed the
test of professional competence, are presumably not
fully equipped to act a counsels on their own;
• 2. to provide a mechanism by which the accredited law
school clinic may be able to protect itself from any
potential vicarious liability arising from some
culpable action by their law students; and
• 3. to ensure consistency with the fundamental
principle that no person is allowed to practice a
particular profession without possessing the
qualifications, particularly a license, as required by
law.
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Presiding judge has no discretion
• The matter of allowing a law student to appear
before the court unaccompanied by a supervising
lawyer cannot be left to the discretion of the
presiding judge. The rule clearly states that the
appearance of the law student shall be under the
direct control and supervision of a member of the
Integrated Bar of the Philippines duly accredited
by law schools. The rule must be strictly construed
because public policy demands that legal work
should be entrusted only to those who possess
tested qualifications, are sworn to observe the
rules and ethics of the legal profession and
sub ject to judicial disciplinary control. - BAR
MATTER NO. 730 June 13, 1997
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Appearance of a law student in inferior
courts does not require supervision of
lawyer
• Fo r re la tively s im p le litig a tion be fo re m un ic ipal cou rts ,
the Ru les still a llo w a m ore educated o r capab le p erson
in beha lf o f a litig an t who canno t get a law yer. -
Bu lacan v . To rc ino , G .R . N o . L-44388 January 30 , 1985
• The ru le , how ever, is d iffe ren t if the law studen t
appears before an in fe rio r cou rt, w here the issues and
p rocedu re a re re la tive ly s im p le . In in fe rio r courts , a
law studen t m ay appear in h is p ersona l capacity w ithou t
the superv ision o f a law yer. - BAR MATTER N O . 730 June
13 , 1997
• A law student m ay appear be fo re an in fe rio r cou rt as an
agen t o r friend o f a party w ithou t the superv is ion o f a
m em ber o f th e bar. - BAR MATTER N O . 730 June 13 , 1997
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The responden t a lleges that the com p la in t is irregu la r as
it was s igned no t b y the p la in tiff b u t b y one who was no t a
m em ber o f th e bar and who designated h im se lf m ere ly as
"Friend counse l fo r the P la in tiff." The appe llants a rgue
that the m unic ip a l cou rt d id no t acqu ire ju risd iction over
the case .
• DECIDE .
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Hel d:
• Under t he facts of t hi s case, however, t he applicabl e
pr ovi si on i s Secti on 34, Rul e 138 of t he Rul es of Court
whi ch st at es:
• SEC. 34. By who m liti gati on i s conduct ed. I n the Court
of a muni cipality a party may conduct hi s liti gati on i n
person wi t h t he ai d of an agent or fri end appoi nt ed
by hi m f or t hat pur pose, or wi t h the ai d of an
att or ney. I n any ot her court, a party may conduct hi s
liti gati on personall y or by ai d of an att or ney and hi s
appear ance must be ei ther personal or by a dul y
aut hori zed me mber of t he bar.
- Bul acan v. Torci no, G. R. No. L-44388 January 30, 1985
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Supervising lawyer should be the one
to sign the pleadings
• Rule 7 (RRC) Section 3. Signature and address. —
Every pleading must be signed by the party or
counsel representing him, stating in either case
his address which should not be a post office box.
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Signing amounts to certification of
lawyer
• Rule 7 (RRC) Section 3. xxx The signature of
counsel constitutes a certificate by him that he
has read the pleading; that to the best of his
knowledge, information, and belief there is good
ground to support it; and that it is not interposed
for delay.
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Effect of unsigned pleadings
• Rule 7 (RRC) Section 3. An unsigned pleading
produces no legal effect. However, the court may,
in its discretion, allow such deficiency to be
remedied if it shall appear that the same was due
to mere inadvertence and not intended for delay.
Counsel who deliberately files an unsigned
pleading,xxx, shall be subject to appropriate
disciplinary action.
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Can a third year law student appear as private
prosecutor in a criminal case and within the
jurisdiction of the inferior court?
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Sections 4 and 15, Rule 110
of the Rules of Court
• SEC . 4 . Who m ust p ro secute crim ina l actions. — All
crim ina l action s e ithe r comm enced by com p la in t o r b y
in fo rm ation sha ll be p rosecu ted under the d irection and
con tro l o f the fisca l.
• xxx xxx xxx
• SEC . 15 . In terven tion o f the o ffended party in crim ina l
action . — Unle ss the o ffended party has wa ived the c iv il
action o r exp ressly reserved the rig h t to in stitu te it
separa te ly from the crim in a l action , and sub ject to the
p rov is ions of section 4 hereo f, he m ay in te rvene,
persona lly o r b y a tto rney , in the p rosecu tion o f the
o ffen se .
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Thanks for your listening!
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