BAR MATTER NO.

730 June 13, 1997

Gentlemen:
Quoted hereunder, for your information, is a resolution of the Court En
Banc dated June 10, 1997.
lN RE: NEED THAT LAW STUDENT PRACTlClNG UNDER RULE l38-A
BE ACTUALLY SUPERVlSED DURlNG TRlAL (BAR MATTER NO. 730).
The issue in this Consulta is whether a law student who appears before the
court under the Law Student Practice Rule (Rule l38-A) should be
accompanied by a member of the bar during the trial. This issue was raised
by retired Supreme Court Justice Antonio P. Barredo, counsel for the
defendant in Civil Case No. BCV-92-ll entitled lrene A. Caliwara v. Roger
T. Catbagan filed before the Regional Trial Court of Bacoor, Cavite.
The records show that the plaintiff in civil Case No. BCV-92-ll was
represented by Mr. Cornelio Carmona, Jr., an intern at the Office of Legal
Aid, UP-College of Law (UP-OLA). Mr. Carmona conducted hearings and
completed the presentation of the plaintiff's evidence-in-chief without the
presence of a supervising lawyer. Justice Barredo questioned the
appearance of Mr. Carmona during the hearing because the latter was not
accompanied by a duly accredited lawyer. On December l5, l994,
Presiding Judge Edelwina Pastoral issued an Order requiring Mr. Carmona
to be accompanied by a supervising lawyer on the next hearing. ln
compliance with said Order, UP-OLA and the Secretary of Justice executed
a Memorandum of Agreement directing Atty. Catubao and Atty. Legayada of
the Public Attorney's Office to supervise Mr. Carmona during the
subsequent hearings.
Justice Barredo asserts that a law student appearing before the trial court
under Rule l38-A should be accompanied by a supervising lawyer. 1 On
the other hand, UP-OLA, through its Director, Atty. Alfredo F. Tadiar,
submits that "the matter of allowing a law intern to appear unaccompanied
by a duly accredited supervising lawyer should be . . . left to the sound
discretion of the court after having made at least one supervised
appearance." 2
For the guidance of the bench and bar, we hold that a law student
appearing before the Regional Trial Court under Rule l38-A should at all
times be accompanied by a supervising lawyer. Section 2 of Rule l38-A
provides.
Section 2. Appearance. The appearance of the law student authorized
by this rule, shall be under the direct supervision and control of a member
of the lntegrated 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 signed the by supervising attorney for and in behalf of the
legal clinic.
The phrase "direct supervision and control" requires no less than the
physical presence of the supervising lawyer during the hearing. This is in
accordance with the threefold rationale behind the Law Student Practice
Rule, to wit: 3
l. to ensure that there will be no miscarriage of justice as
a result of incompetence or inexperience of law students,
who, not having as yet passed the test of professional
competence, are presumably not fully equipped to act a
counsels on their own;
2. to provide a mechanism by which the accredited law
school clinic may be able to protect itself from any
potential vicarious liability arising from some culpable
action by their law students; and
3. to ensure consistency with the fundamental principle
that no person is allowed to practice a particular
profession without possessing the qualifications,
particularly a license, as required by law.
The matter of allowing a law student to appear before the court
unaccompanied by a supervising lawyer cannot be left to the discretion of
the presiding judge. The rule clearly states that the appearance of the law
student shall be under the direct control and supervision of a member of
the lntegrated Bar of the Philippines duly accredited by law schools. The
rule must be strictly construed because public policy demands that legal
work should be entrusted only to those who possess tested qualifications,
are sworn to observe the rules and ethics of the legal profession and
subject to judicial disciplinary control. 4 We said in Bulacan v. orcino: 5
Court procedures are often technical and may prove like snares to
the ignorant or the unwary. ln the past, our law has allowed non-
lawyers to appear for party litigants in places where duly authorized
members of the bar are not available (U.S. vs. Bacansas, 6 Phil.
539). For relatively simple litigation before municipal courts, the Rules
still allow a more educated or capable person in behalf of a litigant
who cannot get a lawyer. But for the protection of the parties and in
the interest of justice, the requirement for appearances in regional
trial courts and higher courts is more stringent.
The Law Student Practice Rule is only an exception to the rule. Hence, the
presiding judge should see to it that the law student appearing before the
court is properly guided and supervised by a member of the bar.
The rule, however, is different if the law student appears before an inferior
court, where the issues and procedure are relatively simple. ln inferior
courts, a law student may appear in his personal capacity without the
supervision of a lawyer. Section 34 Rule l38 provides;
Section 34. By !hom liti"ation is conducted. ln the court of a
justice of the peace, 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. ln 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.
Thus, 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.
lN VlEW WHEREOF, we hold that a law student appearing before the
Regional Trial Court under the authority of Rule l38-A must be under the
direct control and supervision of a member of the lntegrated Bar of the
Philippines duly accredited by the law school and that said law student
must be accompanied by a supervising lawyer in all his appearance.
Padilla and Francisco, J.J., on leave.
Very truly yours,
(Sgd. !"#$%M%N&A &. '"NO
Cler# of court
(ootnote)
l Consulta, p. 2.
2 Comment, p. 9.
3 Comment, p. 5.
4 Agpalo, Legal Ethics (Fourth Edition, l989), pp. 39-40.
5 l34 SCRA 252 (l985).