Law Student Rule

Problem Areas in Legal Ethics

Arellano University School of Law
Arellano Law Foundation
2015-2016

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 RULE 138-A
LAW STUDENT PRACTICE RULE
SC Circular No. 19, prom. Dec. 19, 1986

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
present any indigent clients accepted by the legal
clinic of the law school.

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LAW STUDENT PRACTICE RULE

Sec. 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.

The phrase "direct supervision and control"

requires no less than the physical presence of the
supervising lawyer during the hearing.
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LAW STUDENT PRACTICE RULE

Sec. 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.

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LAW STUDENT PRACTICE RULE

Sec. 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.

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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

But for the protection of the parties and in the interest of

justice, the requirement for appearances in regional trial
courts and higher courts is more stringent. Bulacan v.
Torcino, G.R. No. L-44388 January 30, 1985

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 Reconciling the 2 rules

There is really no problem as to the application of

Section 34 of Rule 138 and Rule 138-A. In the
former, the appearance of a non-lawyer, as an agent
or friend of a party litigant, is expressly
allowed, while the latter rule provides for
conditions when a law student, not as an agent or a
friend of a party litigant, may appear before the
courts. - Cruz v. Mina GR no. 154207 April 27,
2007

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The phraseIn the court of a justice
of the peacemeans:
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

For the guidance of the bench and bar, we hold

that a law student appearing before the
Regional Trial Court under Rule 138-A should at
all times be accompanied by a supervising
lawyer.

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 Law student can appear without
supervision of a lawyer

The 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.

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.

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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

CANON 9 - A LAWYER SHALL NOT, DI RECTLY OR

INDI RECTLY, ASSI ST IN T HE U NAUTHORI ZED PRACTI CE
OF LAW.

Rul e 9. 01 - A l awyer shall not del egat e t o any

unqualifi ed person t he perf or mance of any t ask whi ch
by l aw may onl y be perfor med by a me mber of t he bar
i n good st andi ng.

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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 .

They in voke Section 5 , R u le 7 w h ich sta tes that [SEC . 5 .

S ignatu re and add ress] [e]very p leading o f a party
rep resen ted by an a tto rney sha ll b e signed by a t least
one a tto rney o f reco rd in h is ind iv idua l nam e , w hose
add ress sha ll b e sta ted . A p arty w ho is no t rep resen ted
by an a tto rney sha ll s ig n h is p lead ing and sta te h is
add ress.

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?

The petitioner, d escrib ing h im se lf as a th ird year law

studen t, ju stifie s h is appearance as p riva te p rosecu to r
on the bases o f Section 34 o f Ru le 138 o f the Rule s o f
Cou rt.
The petitioner fu rtherm ore avers that h is appearance w as
w ith the p rio r con fo rm ity o f the public p ro secu to r and a
w ritten au tho rity o f Ma riano Cruz appo in ting h im to be
h is agen t in the p ro secution o f the sa id crim inal case .
The MeTC denied perm ission fo r petitioner to appear as
p riva te p ro secu to r on the g round that C ircu la r No . 19
(1997) govern ing lim ited law studen t p ractice in
conjunction w ith Ru le 138-A o f the Ru les o f Cou rt (Law
Studen t Practice Ru le) shou ld take precedence over the
ru ling o f th e Cou rt la id down in Cantim buhan (1983) .
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 Held:
Petitioner exp ressly ancho red h is appearance on Section
34 o f Ru le 138 . The court a quo m ust have been con fu sed
by the fact that petitio ner re fe rred to h im se lf as a law
studen t in his en try o f appearance . Ru le 138-A shou ld
no t have been u sed by the cou rts a q uo in deny ing
perm ission to act as p rivate p ro secuto r aga in st
petitioner fo r the sim p le reason that Ru le 138-A is no t
the basis fo r the petitioners appearance .
Section 34 , Ru le 138 is c lea r that appearance befo re the
in fe rio r courts b y a non-law yer is allow ed , irrespective
o f whether o r no t he is a law student . As succ inctly
c la rified in Bar Ma tte r No . 730 , b y v irtue o f Section 34 ,
Ru le 138 , a law studen t m ay appear, as an agen t o r a
friend o f a party litig an t, w ithou t the superv ision o f a
law yer be fo re in fe rio r cou rts . - C ruz v . M ina GR no .
154207 Ap ril 27 , 2007 25
 Fiscals role when there is a
private prosecutor
The perm ission o f the fisca l is no t necessary fo r one to
en ter h is appearance as p riva te p ro secu to r. In the first
p lace , the law does no t im pose th is cond ition . What the
fisca l can do , if he w ants to hand le the case persona lly
is to d isa llow the p rivate p ro secu tor's partic ip ation ,
whether he be a lawyer o r no t, in th e tria l o f the case .
On the o ther hand , if th e fisca l desire s the active
partic ip atio n o f the p rivate p ro secuto r, he can ju st
m an ifest to the cou rt th at the p rivate p ro secu tor, w ith
its app rova l, w ill conduct the p ro secu tion o f th e case
under h is superv is ion and con tro l. Can tim buhan v . H on .
Cruz , J r., G.R . No . L-51813-14 Novem ber 29 , 1983

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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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