Law Student Rule

Problem Areas in Legal Ethics

Arellano University School of Law
Arellano Law Foundation
2015-2016

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.

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.

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.

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.

Rule 138 (RRC) Sec. 34

Rule 138 (RRC) Sec. 34. By whom litigation conducted. - In
the court of a justice of the peace 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.

Rule 138 section 34 does not apply in

cases before the 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

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

The phraseIn the court of a justice of the

peacemeans:
The phrase In the court of a justice of the peace in Bar
Matter No. 730 is subsequently changed to In the court of a
municipality as it now appears in Section 34 of Rule 138, thus:
SEC. 34. By whom litigation is 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. - Cruz v. Mina GR no. 154207 April 27, 2007

The term "Municipal Trial Courts" as used in

1. Metropolitan
Trial Courts,
these
Rules shall
include:
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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UNAUTHORIZED PRACTICE OF LAW

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task which by
law may only be performed by a member of the bar in good
standing.

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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 subject 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
For relatively simple litigation before municipal courts, the Rules
still allow a more educated or capable person in behalf of a
litigant who cannot get a lawyer. - Bulacan v. Torcino, G.R. No. L44388 January 30, 1985
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. - BAR
MATTER NO. 730 June 13, 1997
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. - BAR MATTER NO. 730 June 13, 1997

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The respondent alleges that the complaint is irregular as it was

signed not by the plaintiff but by one who was not a member of
the bar and who designated himself merely as "Friend counsel for
the Plaintiff." The appellants argue that the municipal court did
not acquire jurisdiction over the case.

They invoke Section 5, Rule 7 which states that [SEC. 5.

Signature and address] [e]very pleading of a party represented
by an attorney shall be signed by at least one attorney of
record in his individual name, whose address shall be stated. A
party who is not represented by an attorney shall sign his
pleading and state his address.
DECIDE.

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Held:
Under the facts of this case, however, the applicable
provision is Section 34, Rule 138 of the Rules of Court
which states:
SEC. 34. By whom litigation is 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.
- Bulacan v. Torcino, 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, describing himself as a third year law student,
justifies his appearance as private prosecutor on the bases of
Section 34 of Rule 138 of the Rules of Court.
The petitioner furthermore avers that his appearance was with
the prior conformity of the public prosecutor and a written
authority of Mariano Cruz appointing him to be his agent in the
prosecution of the said criminal case.
The MeTC denied permission for petitioner to appear as private
prosecutor on the ground that Circular No. 19 (1997)
governing limited law student practice in conjunction with
Rule 138-A of the Rules of Court (Law Student Practice Rule)
should take precedence over the ruling of the Court laid
down in Cantimbuhan (1983).

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Held:
Petitioner expressly anchored his appearance on Section 34 of
Rule 138. The court a quo must have been confused by the fact
that petitioner referred to himself as a law student in his entry of
appearance. Rule 138-A should not have been used by the
courts a quo in denying permission to act as private
prosecutor against petitioner for the simple reason that Rule
138-A is not the basis for the petitioners appearance.
Section 34, Rule 138 is clear that appearance before the inferior
courts by a non-lawyer is allowed, 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. - Cruz v. Mina
GR no. 154207 April 27, 2007

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Fiscals role when there is a private

prosecutor
The permission of the fiscal is not necessary for one to
enter his appearance as private prosecutor. In the first place,
the law does not impose this condition. What the fiscal can
do, if he wants to handle the case personally is to disallow the
private prosecutor's participation, whether he be a lawyer or
not, in the trial of the case. On the other hand, if the fiscal desires
the active participation of the private prosecutor, he can just
manifest to the court that the private prosecutor, with its
approval, will conduct the prosecution of the case under his
supervision and control. Cantimbuhan v. Hon. Cruz, Jr., G.R.
No. L-51813-14 November 29, 1983

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Sections 4 and 15, Rule 110 of the Rules

of Court
SEC. 4. Who must prosecute criminal actions. All criminal
actions either commenced by complaint or by information shall
be prosecuted under the direction and control of the fiscal.
xxx xxx xxx
SEC. 15. Intervention of the offended party in criminal action.
Unless the offended party has waived the civil action or
expressly reserved the right to institute it separately from
the criminal action, and subject to the provisions of section 4
hereof, he may intervene, personally or by attorney, in the
prosecution of the offense.

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Thanks for your listening!

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