R.A. No. 9285--The Alternative Dispute Resolution Act | Non-Lawyers Authorized to Appear in Courts, Quasi-Judicial Agencies… | Authorized representation by non-Lawyers | Practice of Law | LEGAL ETHICS

Below is a concise yet comprehensive discussion of authorized representation by non-lawyers in the Philippines, focusing on R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004). The outline is structured to give you an overview of the general rules on representation by non-lawyers, the context in which non-lawyer representation is permitted, and how R.A. 9285 affects such representation in arbitration and other forms of alternative dispute resolution (ADR).

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

  1. Practice of Law Defined

    • In the Philippines, the practice of law generally involves (a) any activity in or out of court that requires the application of law, legal procedure, knowledge, training, and experience; and (b) performance of acts that are usually rendered by members of the legal profession.
    • Under the Rules of Court and the Rules on Admission to the Bar, only individuals who have been admitted as members of the Philippine Bar and are in good standing (i.e., no administrative charges, non-payment of IBP dues, etc.) may engage in the practice of law before judicial and quasi-judicial bodies.

  2. Exceptions: Authorized Representation by Non-Lawyers

    • Despite the general rule, there exist statutory or regulatory exceptions allowing non-lawyers to appear or represent parties in certain proceedings. These exceptions are strictly construed and must be expressly provided by law or Supreme Court rules.

II. Authorized Appearance of Non-Lawyers in Courts and Quasi-Judicial Agencies

Before discussing R.A. 9285, it is helpful to note the long-standing exceptions in Philippine law and regulations where non-lawyers are authorized to represent parties:

  1. Labor Cases (NLRC, Labor Arbiters)

    • Article 222 of the Labor Code (now renumbered under the Labor Code as amended) allows non-lawyers—like union representatives or company HR practitioners—to appear before labor arbiters and the National Labor Relations Commission, subject to the agency’s rules.

  2. Small Claims Cases in MTC

    • Under the Revised Rules on Small Claims, representation by counsel is not allowed (except when the judge requires it in certain cases). Since the party has to appear on his/her own, there is effectively no representation by lawyers—nor by non-lawyers—in small claims proceedings.

  3. Customs or Tax Cases

    • Certain agencies (e.g., the Bureau of Customs, Bureau of Internal Revenue) may allow non-lawyer practitioners (such as licensed customs brokers or accredited tax agents) to handle administrative or quasi-judicial matters. However, court representation typically requires a lawyer.

  4. Other Quasi-Judicial Tribunals

    • Specialized agencies (e.g., Housing and Land Use Regulatory Board, National Commission on Indigenous Peoples, Energy Regulatory Commission) may promulgate rules permitting non-lawyer representation (often for sectoral or practical reasons).
    • In all cases, the scope of such non-lawyer representation is limited by the enabling statute or rules.

III. R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004)

A. Overview and Legislative Purpose

  1. Institutionalizing ADR

    • Republic Act No. 9285, also known as the Alternative Dispute Resolution Act of 2004, was enacted to encourage the use of out-of-court dispute resolution mechanisms such as arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.
    • It aims to decongest court dockets and foster a culture of amicable settlement, party autonomy, and flexibility in the resolution of disputes.

  2. Coverage of ADR Mechanisms

    • R.A. 9285 covers domestic arbitration (governed by the Arbitration Law, as amended), international commercial arbitration (governed by the UNCITRAL Model Law, which the Philippines has adopted), mediation, conciliation, and other recognized forms of ADR.

B. Representation in Arbitration Proceedings under R.A. 9285

  1. General Principle of Party Autonomy

    • ADR proceedings—particularly arbitration—are fundamentally party-driven. The parties have considerable freedom in determining the conduct of proceedings, including issues such as:
      1. Choice of arbitrators or mediators,
      2. Procedural rules to apply, and
      3. Representation (by lawyer or non-lawyer).

  2. No Absolute Requirement of Lawyer Representation

    • One key feature of ADR (especially arbitration) is that parties are not strictly required to be represented by lawyers. They may represent themselves pro se or engage any person of their choice—whether a lawyer or not—as their advisor, advocate, or representative, provided no other law or rule prohibits it.
    • Reasoning:
      • Arbitration is a private, contractual mechanism.
      • As a matter of party autonomy, parties can agree on how they wish to be represented.
      • The setting is not a court of law strictly under the Supreme Court’s jurisdictional rules on legal practice.

  3. Limits and Ethical Considerations

    • Although R.A. 9285 permits wide latitude, it does not automatically authorize non-lawyers to engage in unauthorized practice of law in all aspects. For instance:
      • Non-lawyers may represent a party within the confines of the arbitration setting or a mediation/conciliation proceeding, but if the dispute requires subsequent judicial confirmation or enforcement of an arbitral award, then representation in court must be done by a duly licensed lawyer.
      • The rules and codes of professional conduct for lawyers still apply to lawyer-representatives in ADR. For non-lawyer representatives, they must adhere to the relevant ethical standards set by the ADR provider or institution (e.g., the Philippine Dispute Resolution Center, Inc. [PDRCI] or the Construction Industry Arbitration Commission [CIAC]).

  4. Institutional Arbitration Rules

    • Many arbitration institutions in the Philippines (and abroad) issue their own procedural rules. These rules often expressly permit parties to appear with advisers who need not be lawyers.
    • Example: The CIAC (Construction Industry Arbitration Commission) generally allows parties to be represented by a lawyer or by any authorized representative if they so choose.

  5. Confidentiality and Other Provisions

    • R.A. 9285 imposes confidentiality in mediation and conciliation. For arbitration, the parties can stipulate confidentiality.
    • Non-lawyers participating as representatives in ADR must abide by the confidential nature of ADR proceedings and any confidentiality agreements or provisions set out in the law, the ADR provider’s rules, or the parties’ arbitration/mediation agreement.

C. Mediation and Conciliation: Role of Non-Lawyers

  1. Mediation

    • In mediation, a neutral third party (the mediator) facilitates communication and negotiation between disputing parties to help them reach a voluntary agreement.
    • There is typically no strict requirement that the mediator be a lawyer. In fact, many mediators are from other professions (e.g., psychologists, business professionals, domain experts). Similarly, the parties can be assisted by persons of their choice, whether they are lawyers or not.

  2. Court-Annexed vs. Court-Referred Mediation

    • When mediation is court-annexed (i.e., mandated by the court and supervised by the Philippine Mediation Center), generally parties may appear with or without counsel. The Supreme Court’s guidelines encourage the personal attendance of the parties.
    • In court-referred mediation, the court directs the parties to an accredited mediator, but the rules on lawyer vs. non-lawyer representation remain flexible at the mediation stage. If the case returns to judicial trial, a lawyer would be required for court representation.

D. Enforcement of Arbitral Awards and Mediated Settlements in Court

  1. Judicial Confirmation of Awards

    • After an arbitral tribunal renders an award, the winning party typically seeks judicial confirmation of that award in court for enforcement purposes.
    • At this stage, the party must engage a licensed lawyer to file the required petition for confirmation, unless the rules exempt that party (e.g., a lawyer representing him/herself in propria persona).
    • A non-lawyer cannot sign and file pleadings or appear in court unless expressly allowed under other exceptions (e.g., a corporate officer authorized under rules of procedure, but even then, the act of advocacy is mostly reserved for lawyers).

  2. Enforcement or Setting Aside of Mediated Settlement Agreements

    • A settlement agreement reached through mediation can be enforced through court action if a party refuses to comply.
    • Again, for formal court proceedings, only a duly licensed attorney may represent the party. Non-lawyer representation within the mediation process does not extend to such court proceedings.

IV. Summary of Key Points

  1. General Rule: Only lawyers in good standing can appear in Philippine courts and quasi-judicial bodies.

  2. Exceptions: Certain laws and regulations (e.g., Labor Code, certain administrative bodies, small claims rules) expressly permit non-lawyers to represent parties.

  3. R.A. No. 9285 (The ADR Act of 2004):

    • Broadly empowers parties in arbitration, mediation, and other ADR proceedings to choose any representative—lawyer or non-lawyer.
    • In purely private ADR (e.g., commercial arbitration, mediation), the strict limitations on the practice of law do not always apply, as these are private contractual proceedings, not judicial litigation.
    • However, once you go to court—for confirmation, enforcement, or nullification of arbitral awards or mediated settlements—a lawyer is required for legal representation, unless otherwise authorized by specific rules.

  4. Practical Implications:

    • Non-lawyer representation is helpful where subject matter expertise is crucial (e.g., engineering disputes under CIAC, business disputes requiring specific industry knowledge).
    • Ethical and confidentiality obligations still bind non-lawyers in ADR.
    • Courts will strike down unauthorized practice if non-lawyers attempt to represent parties outside the permissible scope (e.g., drafting pleadings, appearing in judicial hearings).

V. Conclusion

Under R.A. No. 9285 (The Alternative Dispute Resolution Act of 2004), parties enjoy flexibility in choosing their representatives for arbitration, mediation, and related ADR processes. This flexibility allows non-lawyers (including technical experts, commercial advisors, or trusted family representatives) to appear and advocate for or assist a party within the confines of the private ADR mechanism. However, when judicial intervention is necessary—whether for confirmation, recognition, enforcement, or annulment of an arbitral award or a mediated settlement—the party must be represented by a duly licensed attorney in accordance with Philippine laws on the practice of law.

In summary, R.A. 9285 upholds the principle of party autonomy in ADR proceedings, thus relaxing the usual requirement of representation by lawyers. Still, the demarcation line is clear: once the dispute crosses over into the judicial arena, the representation must again comply with the standard rules requiring lawyers to practice before Philippine courts.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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