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3.
appearance for clients before public tribunals which possess power and authority
to determine rights of life, liberty and property according to law, in order to assist
in the proper interpretation and enforcement of law.
1.
In cases before the MTC, a party may conduct his case or litigation in person,
with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule
138, RRC).
Before any other court, a party may conduct his litigation personally (Ibid)
1.
In a 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, and
2.
of good repute for probity and ability to aid the accused in his
defense (Rule 116, Sec. 7, RRC)
1.
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.
1.
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).
1.
Under the Cadastral Act, a non-lawyer can represent a claimant before
the Cadastral Court (Act No. 2259, Sec. 9).
1.
Any person appointed to appear for the government of the Phil. in accordance
with law (Sec. 33 Rule 138).
1.
He should not undertake purely legal work, such as the examination or crossexamination of witnesses, or the presentation of evidence.
1.
1.
Should not charge or collect attorneys fees (PAFLU vs. Binalbagan Isabela
Sugar Co. 42 SCRA 302
Q
.
A and B who are law students entered their appearances before the Municipal Court
as private prosecutors in a criminal case. This was disallowed by the trial judge. Is
this correct?
A
.
NO. A non-lawyer may appear as a friend of the party before the Municipal Courts
under Section 34, Rule 138 Rules of Court; he may make such appearances either as
defense counsel or private prosecutor under the control and supervision of the fiscal.
The permission of the fiscal is not necessary for the appearance of a private
prosecutor, although if he so wishes, the fiscal may disallow participation in the trial
by handling the case personally. (Catimbuhan, et al. vs. Hon. Cruz, G.R. No. 5181314, Nov.29, 1983)
Public Officials who cannot engage in the private practice of law in the Philippines:
1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35,
RRC).
1.
1.
1.
President, Vice-President, members of the cabinet, their deputies and
assistants, (Art. VIII Sec. 15, 1987 Constitution).
1.
Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2,
1987 Constitution).
1.
Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution).
1.
All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
1.
Those who, by special law, are prohibited from engaging in the practice of their
legal profession
Q
.
A
.
Q. The City of Manila hired the services of Atty. Bautista of the ABC Law Offices to
represent it in case pending before the RTC. Can Atty. Bautista validly represent it?
A. NO. A local government unit could not hire a private attorney to represent. The
provisions of Sec. 1683 complemented by Sec. 3 of the Local Autonomy Law, is
clear in providing that only the provincial prosecutor and the municipal attorney can
represent a province or municipality. The provision is mandatory. The
municipalitys authority to employ a private lawyer is expressly limited only to
situations where the provincial prosecutor is disqualified to represent it, as when he
represents that province against a municipality.
Public Officials with Restrictions in the Practice of Law:
1.
Senators and members of the House of Representatives
2.
Members of the Sanggunian
3.
Retired Justice or judge
4.
Civil service officers or employees without permit from their respective
department heads (Noriega vs. Sison 125 SCRA 293)
Restrictions in the Practice of Law of Members of the Legislature
No senator or member of the House of Representatives may personally appear as
counsel before any courts of justice or before the Electoral Tribunals, or quasi-judicial
and other administration bodies xxx (Art. VI, Sec. 14, 1987 Constitution).