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Rule 138, Sec. 34. By whom litigation conducted.

—In the court of a justice of the peace (now,


MTC) 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.

WHO ELSE MAY PRACTICE LAW?

General Rule: Only Members of the Bar

Who may practice law.—Any person heretofore duly admitted as a member of the bar, or
hereafter admitted as such in accordance with the provisions of this rule, and who is in good and
regular standing, is entitled to practice law. (Rule 138, Sec 1.)

EXCEPTIONS TO THE GENERAL RULE

1. Law Students
2. Agent
3. Litigation by Party (Rule 138, Sec 1.)

 Non-Lawyers authorized to appear in court:


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).

 Notes from Agpalo:


In a democratic and civilized country where the rights of a person are determined
in accordance with established rules, the employment of a person acquainted with
those rules becomes a necessity both to the litigants and to the Court. A party
litigant needs the assistance of counsel in all proceedings, administrative, civil or
criminal.

 When appearance by counsel not obligatory:


1. In a Municipal Trial Court, a party may conduct his litigation in person or with
the aid of a friend appointed by him for that purpose or with an aid of an attorney.
2. In the RTC and Appellate Courts, a party in a civil suit may conduct his
litigation either personally or by attorney unless the party is a juridical person.
3. And even if he has chosen to appear by counsel, he may at any time dispense
with the services of his lawyer and prosecute or defend his case personally.

 Notes from the book of Agpalo


In a democratic and civilized country where the rights of a person are determined
in accordance with established rules, the employment of a person acquainted with
those rules becomes a necessity both to the litigants and to the Court. A party
litigant needs the assistance of counsel in all proceedings, administrative, civil or
criminal.

 Hypo Question:

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?

Answer:

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. (Cantimbuhan,
et al. vs. Hon. Cruz, G.R. No. 51813-14, Nov.29, 1983)

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