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    Cruz V Mina

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    Anonymous YatIXq
    The petitioner, a third year law student, filed to be the private prosecutor in a criminal case where his father was the complaining witness. The MeTC denied permission citing Circular No. 19 and Rule 138-A. The RTC also denied the petitioner's motion. The Supreme Court held that as an agent or friend of a party litigant, a law student may appear before inferior courts without supervision. As no civil aspect was reserved or waived in the criminal case, the private prosecutor could rightfully intervene to prosecute the civil aspect. The petition was granted and the MeTC was ordered to admit the petitioner.

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    Cruz V Mina

    Uploaded by

    Anonymous YatIXq
    214 views2 pages
    The petitioner, a third year law student, filed to be the private prosecutor in a criminal case where his father was the complaining witness. The MeTC denied permission citing Circular No. 19 and Rule 138-A. The RTC also denied the petitioner's motion. The Supreme Court held that as an agent or friend of a party litigant, a law student may appear before inferior courts without supervision. As no civil aspect was reserved or waived in the criminal case, the private prosecutor could rightfully intervene to prosecute the civil aspect. The petition was granted and the MeTC was ordered to admit the petitioner.

    Original Description:

    522 SCRA 387 (2007)

    Original Title

    Cruz v Mina

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    The petitioner, a third year law student, filed to be the private prosecutor in a criminal case where his father was the complaining witness. The MeTC denied permission citing Circular No. 19 and Rule 138-A. The RTC also denied the petitioner's motion. The Supreme Court held that as an agent or friend of a party litigant, a law student may appear before inferior courts without supervision. As no civil aspect was reserved or waived in the criminal case, the private prosecutor could rightfully intervene to prosecute the civil aspect. The petition was granted and the MeTC was ordered to admit the petitioner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    214 views2 pages

    Cruz V Mina

    Uploaded by

    Anonymous YatIXq
    The petitioner, a third year law student, filed to be the private prosecutor in a criminal case where his father was the complaining witness. The MeTC denied permission citing Circular No. 19 and Rule 138-A. The RTC also denied the petitioner's motion. The Supreme Court held that as an agent or friend of a party litigant, a law student may appear before inferior courts without supervision. As no civil aspect was reserved or waived in the criminal case, the private prosecutor could rightfully intervene to prosecute the civil aspect. The petition was granted and the MeTC was ordered to admit the petitioner.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Cruz v.

    Mina 522 SCRA 387 (2007)


    Facts: Petitioner, a third year law student, filed before the MeTC
    a formal Entry of Appearance, as private prosecutor, in Criminal
    Case No. 00-1705 for Grave Threats, where his father, Mariano
    Cruz, is the complaining witness.
    MeTC denied permission on the basis that Circular No. 19 in
    conjunction with Rule 138-A should take precedence over the
    ruling in Cantimbuhan v Judge Cruz, Jr. (A non-lawyer may
    appear before the inferior courts as an agent or friend of a party
    litigant). MeTC denied the Motion for Reconsideration.
    Petition for Certiorari and Mandamus with Prayer for Preliminary
    Injunction and Temporary Restraining Order (and the Motion for
    Reconsideration) filed by the petitioner before the RTC was denied.

    Issue:
    Whether the petitioner, a law student, may appear before an
    inferior court as an agent or friend of a party litigant
    *this case involves the interpretation, clarification, and implementation
    of Section 34, Rule 138 of the Rules of Court, Bar Matter No. 730,
    Circular No. 19 governing law student practice and Rule 138-A of the
    Rules of Court, and the ruling of the Court in Cantimbuhan

    Held:
    Yes, 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. Section 34 of Rule 138, the appearance of a non-lawyer, as
    an agent or friend of a party litigant, is expressly allowed, while Rule
    138-A provides for conditions when a law student, not as an agent or a
    friend of a party litigant, may appear before the courts.
    There being no reservation, waiver, nor prior institution of the civil
    aspect in Criminal Case No. 00-1705, it follows that the civil aspect
    arising from Grave Threats is deemed instituted with the criminal
    action, and, hence, the private prosecutor may rightfully intervene to
    prosecute the civil aspect.

    Petition GRANTED. MeTC is directed to admit petitioner.

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