FERDINAND A. CRUZ v. ALBERTO MINA, et al.

G.R. SP. 154207, 27 April 2007, Austria-Martinez, J. (Third Division)

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.

lerdinand Cruz iled beore the Me1C a ormal Lntry o Appearance, as priate
prosecutor, in a criminal or Grae 1hreats, where his ather, Mariano Cruz, is the complaining
witness. 1he petitioner, describing himsel as a third year law student, justiies his appearance as
priate prosecutor on the bases o Section 34 o Rule 138 o the Rules o Court and the ruling o
the Court v avc in Cantimbuhan . Judge Cruz, Jr. that a non-lawyer may appear beore the
inerior courts as an agent or riend o a party litigant. 1he petitioner urthermore aers that his
appearance was with the prior conormity o the public prosecutor and a written authority o
Mariano Cruz appointing him to be his agent in the prosecution o the said criminal case.
loweer, the Me1C denied permission or Cruz to appear as priate prosecutor on the ground
that Circular No. 19 goerning limited law student practice in conjunction with Rule 138-A o
the Rules o Court ,Law Student Practice Rule, should take precedence oer the ruling o the
Court laid down in Cantimbuhan, and set or continuation o trial.
Cruz iled beore the Me1C a Motion or Reconsideration seeking to reerse the Order
alleging that Rule 138-A, or the Law Student Practice Rule, does not hae the eect o
superseding Section 34 o Rule 138, or the authority to interpret the rule is the source itsel o
the rule, which is the Supreme Court alone. It was denied. \hen the case reached the R1C, the
trial court held that there being no claim or ciil indemnity, the interention o a priate
prosecutor is not legally tenable. 1hus, Cruz directly iled with the Supreme Court the instant
petition.
ISSUL:
\hether or not Cruz, a law student, may appear beore an inerior court as an agent or riend o
a party litigant
HLLD:
1he Petition is GRAN1LD.
1his Court, in exceptional cases, and or compelling reasons, or i warranted by the
nature o the issues reiewed, may take cognizance o petitions iled directly beore it.
1he courts a qvo held that the Law Student Practice Rule as encapsulated in Rule 138-A
o the Rules o Court, prohibits Cruz, as a law student, rom entering his appearance in behal o
his ather, the priate complainant in the criminal case without the superision o an attorney
duly accredited by the law school.

Rule 138-A or the Law Student Practice Rule, proides:
Section 1. Covaitiov. for tvaevt Practice. - A law student who has
successully completed his 3rd year o the regular our-year prescribed law
curriculum and is enrolled in a recognized law school's clinical legal education
program approed by the Supreme Court, may appear without compensation in any
ciil, criminal or administratie case beore any trial court, tribunal, board or oicer,
to represent indigent clients accepted by the legal clinic o the law school.

Sec. 2. .earavce. - 1he appearance o the law student authorized by this
rule, shall be under the direct superision and control o a member o the Integrated
Bar o the Philippines duly accredited by the law school. Any and all pleadings,
motions, bries, memoranda or other papers to be iled, must be signed by the
superising attorney or and in behal o the legal clinic.

1he rule, howeer, is dierent i the law student appears beore an inerior court, where
the issues and procedure are relatiely simple. In inerior courts, a law student may appear in his
personal capacity without the superision o a lawyer. Section 34, Rule 138 proides:

Sec. 34. , rbov titigatiov i. covavctea. - In the Court o a municipality a
party may conduct his litigation in person, with the aid o an agent or riend
appointed by him or that purpose, or with the aid o an attorney. In any other
court, a party may conduct his litigation personally or by aid o an attorney and his
appearance must be either personal or by a duly authorized member o the bar.

1hus, a law student may appear beore an inerior court as an agent or riend o a party
without the superision o a member o the bar.
1here is really no problem as to the application o Section 34 o Rule 138 and Rule 138-
A. In the ormer, the appearance o a non-lawyer, as an agent or riend o a party litigant, is
expressly allowed, while the latter rule proides or conditions when a law student, not as an
agent or a riend o a party litigant, may appear beore the courts.
Petitioner expressly anchored his appearance on Section 34 o Rule 138. 1he court a qvo
must hae been conused by the act that petitioner reerred to himsel as a law student in his
entry o appearance. Rule 138-A should not hae been used by the courts a qvo in denying
permission to act as priate prosecutor against petitioner or the simple reason that Rule 138-A
is not the basis or the petitioner`s appearance.
Section 34, Rule 138 is clear that appearance beore the inerior courts by a non-lawyer is
allowed, irrespectie o whether or not he is a law student. As succinctly clariied in Bar Matter
No. 30, by irtue o Section 34, Rule 138, a law student may appear, as an agent or a riend o a
party litigant, without the superision o a lawyer beore inerior courts.
1he R1C stated in its Decision that there was no claim or ciil indemnity or damages,
and that the records o the case do not proide or a claim or indemnity, and that thereore,
Cruz`s appearance as priate prosecutor appears to be legally tenable.
Under Article 100 o the Reised Penal Code, eery person criminally liable or a elony
is also ciilly liable except in instances when no actual damage results rom an oense. 1he basic
rule applies in the instant case, such that when a criminal action is instituted, the ciil action or
the recoery o ciil liability arising rom the oense charged shall be deemed instituted with
criminal action, unless the oended party waies the ciil action, reseres the right to institute it
separately or institutes the ciil action prior to the criminal action.
Cruz is correct in stating that there being no reseration, waier, nor prior institution o
the ciil aspect in the criminal case, it ollows that the ciil aspect arising rom Grae 1hreats is
deemed instituted with the criminal action, and, hence, the priate prosecutor may rightully
interene to prosecute the ciil aspect.
1he Me1C o Pasay City is directed to admit the Lntry o Appearance o lerdinand
Cruz in the criminal case as a priate prosecutor under the direct control and superision o the
public prosecutor.