G.R. No. 154207 - Cruz vs. Mina

On September 25, 2000, petitioner Ferdinand A. Cruz, a third-year law student, filed an Entry of Appearance as private prosecutor in Criminal Case No. 00-1705 (Grave Threats) before MeTC Br. 45, Pasay City, citing Section 34, Rule 138 of the Rules of Court and Cantimbuhan v. Judge Cruz, Jr.
MeTC, in an Order dated February 1, 2002, denied petitioner’s appearance, holding that Circular No. 19 and Rule 138-A (Law Student Practice Rule) supersede Section 34, Rule 138.

On February 13, 2002, petitioner moved for reconsideration before MeTC, arguing Rule 138-A cannot override Section 34, Rule 138; MeTC denied it on March 4, 2002.
Petitioner then filed before RTC Br. 116, Pasay City, a Petition for Certiorari and Mandamus with Prayer for Preliminary Injunction (April 2, 2002) to restrain the MeTC proceedings.

RTC, in its Resolution of May 3, 2002, denied the preliminary injunction on the ground that Grave Threats can be prosecuted de oficio and no civil indemnity was claimed.
Petitioner filed a Motion for Reconsideration (May 9, 2002); RTC denied it on June 5, 2002.

Petitioner filed a Second Motion for Reconsideration (June 7, 2002) and a Motion to Hold in Abeyance the trial before MeTC; MeTC denied both on June 13, 2002.
On July 30, 2002, petitioner directly filed the instant Petition for Certiorari under Rule 65 with the Supreme Court, alleging abuse of discretion and ignorance of law by lower courts.

Whether a law student may appear as an agent or friend of a party litigant in an inferior court under Section 34, Rule 138.
Whether Rule 138-A (Law Student Practice Rule) supersedes Section 34, Rule 138 of the Rules of Court.
Whether the crime of Grave Threats has a civil aspect entitling a private prosecutor to intervene.
Whether the RTC and MeTC abused their discretion in denying petitioner’s motions and preliminary injunction.