NON-LAWYERS WHO ARE AUTHORIZED

TO APPEAR IN COURT

1. In case of law student practice as permitted by Rule 138-A of the Rules of

Court.

2. Those provided under Section 34 of Rule 138 of the Rules of Court

Section 34. By whom litigation conducted. — In the court of a justice of

the peace a may conduct his litigation in person, with the aid of an agent or
friend appointed by for the purpose, or with the aid an attorney. In
any other court, a party 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.

3. Those provided under Section 7 of Rule 116 of the Rules of Court

Section 7. Appointment of counsel de oficio. — The court, considering the

gravity of the offense and the difficulty of the questions that may
arise, shall appoint as counsel de oficio only such members of the bar
in good standing who, by reason of their experience ability, can
competently defend the accused. But in localities where such
members of the bar are not available, the court may appoint
any person, resident of the province and of good repute for
and ability, to defend the accused.
 NON-LAWYERS IN ADMINISTRATIVE
PROCEEDINGS
1. Labor Code (Article 222)

Article. 222. Appearances and Fees. - (a) Non-lawyers may appear

before the Commission or any Labor Arbiter only:

1. If they represent themselves; or

2. If they represent their organization or members thereof.

KANLAON CONSTRUCTION V. NLRC

3. a duly-accredited member of any legal aid office duly recognized

by the Department of Justice or the Integrated Bar of the
Philippines in cases referred to by the latter.
 PAFLU V. BINALBAGAN ISABELA SUGAR
COMPANY, G.R. No. L-23959

• May a non-lawyer, for a example a union

representative as permitted by the rules, who
appeared for his organization or any of its
member, recover attorney's fees for such legal
services rendered?
The permission for a non-member of the bar to represent or
appear or defend in the said court on behalf of a party-litigant
does not by itself entitle the representative to compensation
for such representation.

For Section 24, Rule 138, of the Rules of Court, providing —

An attorney shall be entitled to have and recover from his

client no more than a reasonable compensation for his
services, ...

imports the existence of an attorney-client relationship as

a condition to the recovery of attorney's fees. Such a
relationship cannot exist unless the client's
representative in court be a lawyer. Since respondent
Muning is not one, he cannot establish an attorney-client
relationship with Enrique Entila and Victorino Tenezas or with
PAFLU, and he cannot, therefore, recover attorney's fees.
2. A person representing a land claimant in
cadastral court.

• Section 9 of Act No. 2259 (The Cadastral Act)

Sec. 9. Any person claiming any interest in any

part of the lands, whether named in the notice or
not, shall appear before the Court by himself, or
by some person in his behalf and shall file an
answer on or before the return day or within such
further time as may be allowed by the Court.
The delegated jurisdiction of the MTC over cadastral and land
registration cases is set forth in the Judiciary Reorganization Act,
which provides:

Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration

Cases. - Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts may be assigned by the Supreme
Court to hear and determine cadastral or land registration cases
covering lots where there is no controversy or opposition,
or contested lots where the value of which does not exceed
One hundred thousand pesos (₱100,000.00), such value to be
ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decision in
these cases shall be appealable in the same manner as decisions of
the Regional Trial Courts. (As amended by R.A. No. 7691)

Thus, the MTC has delegated jurisdiction in cadastral and land

registration cases in two instances: first, where there is no
controversy or opposition; or, second, over contested lots, the value
of which does not exceed ₱100,000.
The following are allowed limited representation on behalf of another:

• In case of law student practice as permitted by Rule 138-A of the Rules of Court.

• Those provided under Section 34 of Rule 138 of the Rules of Court

• Under Section 7 of Rule 116 of the Rules of Court, in a criminal proceeding before a
municipal trial court in a locality where a duly licensed member of the bar is not
available, a municipal trial court may, in its discretion, admit or assign a person,
resident in the province and of good repute for probity and ability, to defend the
accused, although the person so assigned be not a duly authorized member of the
Bar. Again, it follows, therefore, that in a place where a duly licensed member of the
Bar is available, the municipal trial court may not admit or assign a layman to defend
the accused.

• Under the Labor Code, a union representative may appear for his organization or any
of its members before the NLRC, Labor Arbiter or Arbitrator; a non-lawyer may
appear for himself, if he represents himself as party to the case; a non lawyer who is
a duly-accredited member of any legal aid office duly recognized by the Department
of Justice or the Integrated Bar of the Philippines in cases referred thereto by the
latter.

• A person representing a land claimant in cadastral court.