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Rule 138 Sec 4
Rule 138 Sec 4
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.)
1. Law Students
2. Agent
3. Litigation by Party (Rule 138, Sec 1.)
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)