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However, the MeTC denied permission for Cruz to Yes. There is really no problem as to the application of
appear as private prosecutor on the ground that Circular No. Section 34 of Rule 138 and Rule 138-A. In the former, the
19 governing limited law student practice in conjunction with appearance of a non-lawyer, as an agent or friend of a party
Rule 138-A of the Rules of Court (Law Student Practice Rule) litigant, is expressly allowed, while the latter rule provides for
should take precedence over Cantimbuhan case . Cruz filed a conditions when a law student, not as an agent or a friend of a
Motion for Reconsideration alleging that Rule 138-A, or the Law party litigant, may appear before the courts.
Student Practice Rule, does not have the effect of superseding
Section 34 of Rule 138, for the authority to interpret the rule is Petitioner expressly anchored his appearance on
the source itself of the rule, which is the Supreme Court alone. Section 34 of Rule 138. The court a quo must have been
MeTC denied the Motion for Reconsideration. confused by the fact that petitioner referred to himself as a law
student in his entry of appearance. Rule 138-A should not have
Cruz filed before the RTC a Petition been used by the courts a quo in denying permission to act as
for Certiorari and Mandamus with Prayer for Preliminary private prosecutor against petitioner for the simple reason that
Injunction and Temporary Restraining Order against the Rule 138-A is not the basis for the petitioner’s appearance.
private respondent and the public respondent MeTC. The RTC
denied the issuance of an injunctive writ. Cruz cites Bar Matter Section 34, Rule 138 is clear that appearance before the
No. 730 dated June 10, 1997 which expressly provides for the inferior courts by a non-lawyer is allowed, irrespective of
appearance of a non-lawyer before the inferior courts, as an whether or not he is a law student. As succinctly clarified in
The following elements distinguish the legal profession from a Rules 2.03 and 3.01 of the Code of Professional Responsibility
business: read:
1. A duty of public service, of which the emolument is a Rule 2.03. – A lawyer shall not do or permit to be done any act
by-product, and in which one may attain the highest designed primarily to solicit legal business.
eminence without making much money;
Rule 3.01. – A lawyer shall not use or permit the use of any
2. A relation as an "officer of the court" to the false, fraudulent, misleading, deceptive, undignified, self-
administration of justice involving thorough sincerity, laudatory or unfair statement or claim regarding his
integrity and reliability; qualifications or legal services.
3. A relation to clients in the highest degree of fiduciary; Rule 138, Section 27 of the Rules of Court states:
4. A relation to colleagues at the bar characterized by SEC. 27. Disbarment and suspension of attorneys by Supreme
candor, fairness, and unwillingness to resort to current Court, grounds therefor. – A member of the bar may be disbarred
business methods of advertising and encroachment on or suspended from his office as attorney by the Supreme Court
their practice, or dealing directly with their clients for any deceit, malpractice or other gross misconduct in such
office, grossly immoral conduct or by reason of his conviction of
a crime involving moral turpitude, or for any violation of the oath