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Ferdinand A. Cruz v. Alberto Mina, Et Al. G.R. No. 154207 CASE DIGEST

This case involved a law student, Ferdinand Cruz, who filed an appearance as a private prosecutor in a criminal case on behalf of his father for grave threats. The MeTC denied Cruz's appearance citing rules governing law student practice that require supervision by a lawyer. The RTC also denied Cruz citing the crime could be prosecuted by the state. However, the Supreme Court ruled that Section 34 of Rule 138 allows non-lawyers, including law students, to appear before inferior courts as an agent or friend of a party without lawyer supervision. The Court granted Cruz's petition and directed the MeTC to admit his appearance.

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112 views7 pages

Ferdinand A. Cruz v. Alberto Mina, Et Al. G.R. No. 154207 CASE DIGEST

This case involved a law student, Ferdinand Cruz, who filed an appearance as a private prosecutor in a criminal case on behalf of his father for grave threats. The MeTC denied Cruz's appearance citing rules governing law student practice that require supervision by a lawyer. The RTC also denied Cruz citing the crime could be prosecuted by the state. However, the Supreme Court ruled that Section 34 of Rule 138 allows non-lawyers, including law students, to appear before inferior courts as an agent or friend of a party without lawyer supervision. The Court granted Cruz's petition and directed the MeTC to admit his appearance.

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Problem Areas in Legal Ethics

FERDINAND A.
CRUZ V. ALBERTO
MINA, ET AL.
G.R. NO. 154207 -

Sherlyn Dimaampao
TOPIC:
Appearance of Non-Lawyer

FACTS:
Petitioner, Ferdinand Cruz, filed a formal Entry of
Appearance before the MeTC as a private
prosecutor of his father in a criminal case for Grave
Threats. He described himself as a third-year law
student and he averred that his appearance was
with prior conformity with the public prosecutor.
He contends that his appearance before the court
is justified under Section 34 of Rule 138 of the
Rules of Court.
METC RTC

METC- Denied the permission of RTC- Denied the issuance of an


the petitioner to appear as a injunctive writ on the ground that
private prosecutor because the crime of Grave Threats, the
Circular No. 19 governing limited subject of Criminal Case No. 00-
law student practice in 1705, is one that can be prosecuted
conjunction with Rule 138-A of de oficio, there being no claim for
the Rules of Court (Law Student civil indemnity, and that therefore,
Practice Rule) should take the intervention of a private
precedence over the ruling of prosecutor is not legally tenable.
the Court laid down in
Cantimbuhan; and set the case
for continuation of trial. Motion
for reconsideration is denied.

CRUZ V. MINA
ISSUE:
Whether the petitioner, a non-
lawyer, may appear before an
inferior court as an agent or friend
of a party litigant.

HELD:
YES, The Court ruled that the appearance of a non-lawyer, as an agent or friend of
a party litigant, is expressly allowed, while the latter rule provides for conditions
when a law student, not as an agent or a friend of a party litigant, may appear
before the courts under section 34 of Rule 138 and Rule 138-A.

Section 34, Rule 138 is clear that an 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.

THE COURT GRANTED THE PETITION. METC IS DIRECTED TO ADMIT THE


ENTRY OF APPEARANCE OF PETITIONER

CRUZ V. MINA
RULE 138-A SECTION 34, RULE

Section 1. Conditions for Student Practice.


138,
A law student who has successfully completed his 3rd
year of the regular four-year prescribed law curriculum Sec. 34. By whom litigation is conducted. -
and is enrolled in a recognized law school's clinical In the court of a justice of the peace, a
legal education program approved by the Supreme
party may conduct his litigation in person,
Court, may appear without compensation in any civil,
with the aid of an agent or friend
criminal or administrative case before any trial court,
tribunal, board or officer, to represent indigent clients appointed by him for that purpose, or with
accepted by the legal clinic of the law school. the aid of an attorney. In any other court, a
party may conduct his litigation personally
Sec. 2. Appearance. - The appearance of the law or by aid of an attorney, and his
student authorized by this rule, shall be under the appearance must be either personal or by a
direct supervision and control of a member of the
duly authorized member of the bar.
Integrated Bar of the Philippines duly accredited by
the law school. Any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must be Thus, a law student may appear before an
signed by the supervising attorney for and on behalf of inferior court as an agent or friend of a
the legal clinic. party without the supervision of a
member of the bar.

CRUZ V. MINA
"SUCCESS IS NOT FINAL;
FAILURE IS NOT FATAL:
IT IS THE COURAGE TO
CONTINUE THAT COUNTS."
Winston S. Churchill

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