Outline Week 3

I.              Appearance of non-lawyers

- Law student practice rule (Rule 138-A)

§ 1 Bar Matter No. 730, June 13, 1997

- Non-lawyers in courts

§ Sec. 34, Rule 138 (Pro se)

· 2 Maderada v. Mediodea, AM MTJ-02-1459, October 14, 2003

§ Sec. 7, Rule 116

§ Sec.33, Rule 138

- Non-lawyers in administrative tribunals

§ Art. 222 of the Labor Code, as amended by PD 442

§ 3 Five J. Taxi v. NLRC, GR 111474, August 22, 1994

§ Cadastral Act No. 2259, Section 9

- Proceedings where lawyers are prohibited from appearing

§ Sec. 17, Rules of Procedure for Small Claim Cases

§ Sec. 415, RA 7160 (Local Government Code)

- Sanctions for unauthorized practice of law

§ 4 Vargas and Panes, Jr. v. Atty. Ignes, et.al., AC 8096, July 5, 2010

§ 5 Manangan v CFI, GR 82760, August 30, 1990

§ 6 Montecillo v. Gica, GR L-36800, October 21, 1974

§ 7 Nunez v. Ibay, AM No. RTJ-06-1984, June 30, 2009

§ 8 People v. Godoy, GR. 115908-09, March 29, 1995

§ 9 Tan v. Balajadia, GR 169517, March 14, 2006

II.             Public officials and the practice of law

- Public officials who cannot practice law or are with restrictions

Prohibition
§ Sec. 35, Rule 148
§              10 People v. Villanueva, 14 SCRA 109
§ Sec. 15, Art. VIII, 1987 Constitution
§ Sec. 2, Art. IX-A, 1987 Constitution
§ Sec. 8, Art. XI, 1987 Constitution
§ Sec. 90, RA 7160

                11 Oca v. Atty. Ladaga, AM No. P-99-1287, January 26, 2001

Restrictions
§ Sec. 14, Art. VI, 1987 Constitution

                                12 Ramos v. Manalac, GR L-2610, June 16, 1951
                                13 In re David, Adm Case No. 98, July 13, 1953

§ Sec. 91, RA 7610
§ Sec. 1, RA 910

                                14 Noriega v. Sison, GR L-24548, October 27, 1983
                                15 Catu v. Rellosa, AC 5738, February 19, 2008

- Prohibition or disqualification of former government attorneys
§ Rule 6.03 of CPR
§ Sec. 3(d) of RA 3019
§ Sec. 7(b) of RA 6713