Ferdinand A. Cruz, vs. Alberto Mina, et al.
- Amator Iustitiae
- May 18, 2022
- 2 min read
G.R. No. 154207, April 27, 2007; per Austria-Martinez, J.
Facts
Ferdinand A. Cruz (petitioner), a third-year law student, filed before the MeTC a formal Entry of Appearance, as private prosecutor, in Criminal Case for Grave Threats, where his father, Mariano Cruz, is the complaining witness. 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.
However, the MeTC denied permission for petitioner to appear as private prosecutor on the ground that Circular No. 19 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 and set the case for continuation of trial.
Petitioner filed a Motion for Reconsideration (MeTC and RTC) seeking to reverse the Order alleging that Rule 138-A, or the Law Student Practice Rule, does not have the effect of superseding Section 34 of Rule 138, for the authority to interpret the rule is the source itself of the rule, which is the Supreme Court alone.
Petitioner cites Bar Matter No. 730 dated June 10, 1997 which expressly provides for the appearance of a non-lawyer before the inferior courts, as an agent or friend of a party litigant, even without the supervision of a member of the bar.
Issue
Whether the petitioner, a law student, may appear before an inferior court as an agent or friend of a party litigant
Ruling
The Supreme Court held that 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. 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.
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