1.) ARE NON-LAWYERS ALLOWED TO APPEAR IN COURT?

Ans.- Yes. Non-lawyers may be authorized to appear in Court on the following

instances:

1. For 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 schools 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).
2.) A. WHO ARE PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE
PHILIPPINES EVEN IF THEY ARE LAWYERS? B. THOSE WHO ARE
MEMBERS OF THE LEGISLATURE?

A. Ans.- Public Officials who cannot engage in the private practice of

Law in the Philippines are:

1. Judges and other officials as employees of the Supreme Court (Rule

148, Sec. 35, RRC);

2. Officials and employees of the Office of the Solicitor General (Ibid.);

3. Government prosecutors (People v. Villanueva, 14 SCRA 109);

4. President, Vice-President, members of the cabinet, their deputies and

assistants (Art. VIII Sec. 15, 1987 Constitution);

5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987

Constitution);

6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Constitution);

7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90);
and

8. Those prohibited by special law.

B. Ans.- No Senator as member of the House of Representative may

personally appear as counsel before any court of justice as before the
Electoral Tribunals, as quasi-judicial and other administration bodies
(Art. VI, Sec. 14, 1987 Constitution).

3.) A. WHAT ARE THE RESTRICTIONS OF PRACTICING LAW IN

SANGGUNIANG BAYAN? B. BY RETIRED JUSTICES AND JUDGES?

A. Ans. - Under the Local Government Code (RA 7160, Sec. 91)
Sanggunian members may practice their professions provided that if
they are members of the Bar, they shall not:

1. Appear as counsel before any court in any civil case wherein a

local government unit or any office, agency, or instrumentality of
the government is the adverse party;
 2. Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an
offense committed in relation to his office;

3. Collect any fee for their appearance in administrative

proceedings involving the local government unit of which he is
an official;

4. Use property and personnel of the government except when the

Sanggunian member concerned is defending the interest of the
government.

B. Ans.- Under RA 910, Sec. 1, as amended, a retired justice or judge

receiving pension from the government, cannot act as counsel in any
civil case in which the Government, or any of its subdivision or
agencies is the adverse party or in a criminal case wherein an officer
or employee of the Government is accused of an offense in relation to
his office.