Authorized Representation by Non-Lawyers in the Philippines
(Remedial Law, Legal Ethics & Legal Forms > Legal Ethics > A. Practice of Law > 4. Authorized representation by non-Lawyers)

I. General Rule: Only Lawyers May Engage in the Practice of Law

Constitutional Basis and Statutory Authority
- The 1987 Philippine Constitution vests the Supreme Court with the power to promulgate rules on the admission to the practice of law (Art. VIII, Sec. 5[5]).
- The Philippine Rules of Court, particularly Rule 138, govern the admission to the bar and regulate the practice of law.
- As a general rule, only those who have been duly admitted as members of the Philippine Bar and remain in good standing are authorized to appear in courts or quasi-judicial bodies as legal representatives or counsel for others.
Definition of Practice of Law
- The Supreme Court has repeatedly held that the practice of law includes any activity, in or out of court, which requires the application of law, legal principles, and legal procedure and calls for legal knowledge, training, and experience.
- It encompasses “any service rendered involving legal knowledge or skill” such as giving legal advice and preparing or filing pleadings or other papers in a suit on behalf of another.
Why It Matters
- Ensuring that only qualified individuals practice law protects the public from incompetence, lack of professional ethics, and potential malpractice.
- Lawyers, as officers of the court, are bound by ethical standards under the Code of Professional Responsibility (CPR).

II. Exceptions: When Non-Lawyers May Represent Others

Despite the general prohibition, there are specific instances where non-lawyers are expressly allowed to appear on behalf of parties or represent certain interests without committing unauthorized practice of law. Below are the primary recognized exceptions under Philippine law and jurisprudence:

A. Representation in Lower Courts Under Sec. 34, Rule 138 of the Rules of Court

Section 34, Rule 138 provides:

“In the court of a municipality, 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. In 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.”

Scope and Limitation:
1. Inferior courts (e.g., Municipal Trial Courts): A non-lawyer “agent or friend” may assist a litigant. However, this is permissive and typically for simple matters. The agent must not habitually engage in the practice of law.
2. Higher courts: Only a duly admitted attorney may represent a litigant unless otherwise allowed by specific rules.

B. Representation in Labor Cases

Under the rules of the National Labor Relations Commission (NLRC) and the Department of Labor and Employment (DOLE), the following are recognized:

Non-lawyers as representatives in labor cases if:
- They represent themselves as the party-litigant (self-representation).
- They are union officers or representatives of legitimate labor organizations, authorized to represent their members or the organization in labor cases.
- They are company personnel or HR officers designated by management to appear for the company.

However, these non-lawyer representatives must confine their representation to matters within labor tribunals or agencies and follow the NLRC Rules of Procedure, which specifically allow such representation.

C. Proceedings Before Administrative or Quasi-Judicial Agencies

Certain administrative agencies or quasi-judicial bodies allow non-lawyers to represent parties. Examples include:

Social Security System (SSS) or Bureau of Internal Revenue (BIR) proceedings where a party’s accountant or a duly authorized representative may handle specific administrative matters.
Administrative agencies with their own rules permitting representation by non-attorneys (e.g., certain local boards, specialized regulatory bodies).

Despite this allowance, non-lawyers cannot cross the boundary of law practice by preparing complex legal pleadings or providing extensive legal counseling. Their representation is typically confined to factual or procedural assistance as permitted by the agency’s rules.

D. Appearance by Law Students Under Clinical Legal Education Program (CLEP)

Pursuant to the Revised Law Student Practice Rule (Supreme Court A.M. No. 19-03-24-SC, effective 2020) and the Clinical Legal Education Program:

Certified law students (with the proper level of academic standing and under the supervision of a faculty-practitioner) may appear in courts, quasi-judicial, or administrative bodies.
The law student must be under the direct supervision of a duly licensed attorney, and must comply with the Supreme Court guidelines (e.g., accreditation of the law clinic, authority from the supervising lawyer, etc.).

This is an exception because law students are generally non-lawyers. They can temporarily appear subject to the Supreme Court’s requirements to gain practical legal training.

E. Corporate Officers or Agents in Small Claims Cases

Under the Rules on Small Claims (as amended, e.g., A.M. No. 08-8-7-SC, and subsequent issuances):

No attorney representation is generally allowed in small claims proceedings—parties must appear personally.
However, if the party is a juridical entity (e.g., a corporation), the authorized representative (an officer or agent) may appear in lieu of a lawyer.
The role of the representative is to facilitate the small claims process; they do not engage in full-scale litigation or present complex legal arguments.

F. In Certain Alternative Dispute Resolution (ADR) Proceedings

Mediation and Arbitration:
1. Parties to arbitration can agree on procedures for representation. Sometimes, a party may be represented by a non-lawyer (e.g., an industry expert, business partner) if the arbitration rules or agreement so allow.
2. However, once the matter escalates to a court confirmation or judicial enforcement of the arbitral award, representation by a lawyer generally becomes necessary.

III. Unauthorized Practice of Law and Sanctions

Definition: Any person who performs acts constituting the practice of law—such as representing another in court, preparing legal pleadings, giving legal advice to clients as a business, etc.—without a valid license or authority from the Supreme Court, is engaged in unauthorized practice of law.
Consequences for Non-Lawyers: They may be cited for contempt of court or charged criminally if a specific law punishes such conduct.
Consequences for Lawyers: A lawyer who aids or abets non-lawyers in the unauthorized practice of law may be subjected to disciplinary action by the Supreme Court (disbarment or suspension under the Code of Professional Responsibility).

IV. Ethical Considerations Under the Code of Professional Responsibility

Canon 9, CPR – “A lawyer shall not directly or indirectly assist in the unauthorized practice of law.”
- Lawyers must be vigilant in ensuring that any non-lawyer participation is within the narrow confines permitted by the rules.
- Collaboration with “fixers” or unlicensed “consultants” can subject the lawyer to ethical sanctions.
Lawyers’ Duty to Courts and Clients
- Uphold the integrity of the profession by ensuring that legal representation remains the domain of duly authorized lawyers.
- Prevent “token” supervision of law students or non-lawyer staff that effectively grants them free rein to practice law.
Legal Forms Prepared by Non-Lawyers
- While non-lawyers may assist in filling out certain standardized forms (e.g., simple affidavits, administrative forms), they must not hold themselves out as legal practitioners or charge fees akin to legal services.

V. Practical Guidance and Reminders

Scope of Non-Lawyer Participation
- If you are a party-litigant, you can appear for yourself (self-representation).
- If you are a corporate officer or HR representative in a labor case, you can represent the company before labor tribunals, provided you comply with the specific requirements of the labor rules.
- If you are a union officer, you may appear for union members in labor disputes.
- Always confirm whether the particular quasi-judicial or administrative body’s rules explicitly allow non-lawyer representation.
Limitations
- Even where non-lawyer representation is allowed, the representative generally cannot engage in extensive legal analysis or submission of intricate legal briefs.
- Any complex litigation or court proceeding beyond the scope of the exception requires the services of a licensed attorney.
Law Student Practice
- A law student must be enrolled in an accredited clinical legal education program and appear strictly under a supervising lawyer’s guidance.
- The law student must secure the necessary certifications or clearance from the court or agency prior to appearance.
Public Policy Interests
- The regulation of legal practice aims to protect the public from unqualified and unscrupulous individuals.
- The Supreme Court and the Integrated Bar of the Philippines (IBP) remain vigilant in policing unauthorized practice of law.

VI. Conclusion

Authorized representation by non-lawyers in the Philippines is narrowly confined to specific circumstances set forth in the Rules of Court, rules of certain quasi-judicial or administrative agencies, and under the Supreme Court’s Law Student Practice Rule. Outside these enumerated exceptions, only duly admitted lawyers—those who have passed the Bar Examinations, taken the lawyer’s oath, and remain in good standing—may engage in the practice of law.

These restrictions protect not only the profession but also the public at large, ensuring that those who render legal services have the requisite competence, training, and adherence to ethical standards. Both non-lawyers and lawyers must stay vigilant: non-lawyers to avoid overstepping their permissible scope, and lawyers to prevent and report unauthorized practice as mandated by the Code of Professional Responsibility.

Disclaimer: This overview is for general informational purposes and does not constitute legal advice. For specific cases or scenarios, please consult a qualified lawyer.