Rule 138a Summary

A. M No.
19-03-24-SC
RULE 138-A
LAW STUDENT PRACTICE
RATIONALE:
 Section 5(5), Article VIII of the 1987 Constitution
“The Supreme Court has the power to adopt and promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged”
WHY AMEND RULE 138A

 To ensure access to justice of the marginalized sectors
 To enhance learning opportunities of law students
 To instill among them the value of legal professional social responsibility, and
 To prepare them for the practice of law
CLEP OBJECTIVES
To enhance, improve, and streamline law student practice, and regulate their limited
practice of law.
SECTION 1. COVERAGE
 limited practice of law by students certified herein
 appearances,
 drafting and submission of pleadings and documents before trial and appellate
courts and quasi-judicial and administrative bodies,
 assistance in mediation and other alternative modes of dispute resolution,
 legal counselling and advice, and
 such other activities that may be covered by the Clinical Legal Education
Program of the law school as herein provided
SECTION 2. DEFINITION OF TERMS

 Clinical Legal Education Program
- an experiential, interactive and reflective credit-earning teaching course with the
- objectives of:
 providing law students with
 practical know ledge, skills and values necessary for the application of
the law,
 delivery of legal services and
 promotion of social justice and public interest, especially to the
marginalized,
 inculcating in the students the values of ethical lawyering and public
service.
 incorporate the teaching of legal theory and doctrines, practical skills, as
well as legal ethics.
- consists of learning activities covered by this Rule undertaken in either
 law clinic or
 externship,
 Externship is part of the clinical legal educational program if:

 it allows students to engage in legal work for the marginalized sectors
or for the promotion of social justice and public interest, and
 it is undertaken with any of the following:
i. the courts, the Integrated Bar of the Philippines (IBP), government
offices; and
ii. law school-recognized non-governmental organizations (NGOs).
 Law Clinic
- an office or center which is a component of the law school's CLEP that
- renders legal assistance and services as herein provided to eligible persons,
groups, and/or communities.
SECTION 3. ELIGIBILITY REQUIREMENTS OF LAW STUDENT PRACTITIONERS.
a) Level 1 certification, for law students who have successfully completed their first-
year law courses; and/ or
b) Level 2 certification, for law students currently enrolled for the second semester of
their third-year law courses: Provided however, where a student fails to complete all
their third-year law courses, the Level 2 certification shall be deemed automatically
revoked.
The certification issued shall be valid until the student has completed the required
number of courses in the CLEP to complete the law degree, unless sooner revoked for
grounds stated herein.
SECTION 4. PRACTICE AREAS OF LAW STUDENT PRACTITIONERS.
For Level 1 Certification

1) Interview prospective clients;
2) Give legal advice to the client;
3) Negotiate for and on behalf of the client;
4) Draft legal documents such as affidavits, compromise agreements, contracts,
demand letter, position papers, and the like;
5) Represent eligible parties before quasi-judicial or administrative bodies;
6) Provide public legal orientation; and
7) Assist in public interest advocacies for policy formulation and implementation.
For Level 2 Certification

1) Perform all activities under Level 1 Certification;
2) Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;
3) Appear on behalf of the client at any stage of the proceedings or trial, before any
court, quasi-judicial or administrative body;
4) In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of
Court, to appear on behalf of a government agency in the prosecution of criminal
actions; and
5) In appealed cases, to prepare the pleadings required in the case.
SECTION 5. CERTIFICATION APPLICATION REQUIREMENTS.

 duly-accomplished application form under oath in three (3) copies
 proof of payment of the necessary legal and filing fees
The law school, through the dean or the authorized representative, shall submit to the
Office of the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over
the territory where the law school is located, the duly-accomplished application form
together with an endorsement under oath.
Level 1 Certification
The Executive Judge of the RTC shall evaluate, approve, and issue the certification
within ten (10) days from receipt of the application. The Level 1 certification issued under
this provision shall be valid before all courts, quasi-judicial and administrative bodies
within the judicial region where the law school is located.
Level 2 Certification
Within ten (10) days from receipt of the application, the Executive Judge of the RTC shall
(a) evaluate the application together with its attachments, and
(b) recommend to the Office of the Court Administrator (OCA) the approval and issuance
of the certification.
If the Executive Judge finds the application to be incomplete, the law school shall be
notified and required to comply with the requirements within five (5) days from receipt of
notice.
The Level 2 certification issued under this provision shall be valid before all courts, quasi-
judicial and administrative bodies.
SECTION 6. DUTIES OF LAW STUDENT PRACTITIONERS. - Acting under a

certification, the law student practitioner shall:
a) Observe the provisions of Section 24(b), Rule 130 of the Rules of Court;
b) Be prohibited from using information acquired in one's capacity as a law student
practitioner for personal or commercial gain;
c) Perform the duties and responsibilities to the best of one's abilities as a law student
practitioner; and
d) Strictly observe the Canons of the Code of Professional Responsibility.
SECTION 7. USE OF LAW STUDENT PRACTITIONER'S NAME. -A law student

practitioner may
 sign briefs, pleadings, letters, and other similar documents which the student has
produced under the direction of the supervising lawyer, indicating the law student
practitioner's certificate number as required under this Rule.
SECTION 8. LAW STUDENT PRACTITIONER'S OATH/AFFIRMATION. - A law student

who has been issued a certificate under this Rule must, before performing the activities
allowed herein, take an oath in the following form:
"I, ( name ), having been granted a certificate of law student practice by the Supreme
Court under Rule 138-A of the Rules of Court, do solemnly swear (or affirm) that I will
maintain allegiance to the Republic of the Philippines, I will support the Constitution and
obey the laws as well as the legal orders of the duly constituted authorities therein; I will
do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit, or give aid nor consent to the
same; I will delay no man for money or malice, and will conduct myself as a certified law
student practitioner according to the best of my knowledge and discretion, with all good
fidelity as well to the courts as to the parties I represent; and I impose upon myself these
voluntary obligations without any mental reservation or purpose of evasion. So help me
God."
SECTION 9. DUTIES OF LAW SCHOOLS. - The law school, through its dean or
authorized representative, must:
a) Develop and adopt a CLEP;

b) Develop and establish at least one law clinic in its school;
c) Endorse qualified students for certification as law student practitioner under this
Rule. Such endorsement shall constitute as a certification that the dean or
authorized representative knows that the applicant is a student enrolled in the
Clinical Legal Education course, possesses good moral character, and has met the
requirements of Section 3 of this Rule; and
d) Ensure compliance by law student practitioners and supervising lawyers with the
Code of Professional Responsibility.
SECTION 10. QUALIFICATION OF SUPERVISING LAWYERS. - A supervising lawyer

under this Rule shall be a member of the bar in good standing.
SECTION 11. DUTIES OF SUPERVISING LAWYERS. - The following are the duties of a
supervising lawyer:
a. Supervise such number of certified law student practitioners as far as practicable;
b. Personally appear with the law student practitioner in all cases pending before the
second-level courts and in all other cases the supervising lawyer determines that his
or her presence is required;
c. Assume personal professional responsibility for any work performed by the certified
law student practitioner while under his or her supervision;
d. Assist and advise the certified law student practitioner in the activities authorized by
these rules and review such activities with the certified law student practitioner, all to
the extent required for the proper practical training of the certified law student
practitioner and the protection of the client;
e. Read, approve, and personally sign any pleadings, briefs or other similar documents
prepared by the certified law student practitioner prior to the filing thereof, and read
and approve any documents which shall be prepared by the certified law student
practitioner for execution by the eligible party; and
f. Provide the level of supervision to the certified law student practitioner required by
these rules.
SECTION 12. CLINICAL FACULTY. - Law schools shall have such number of faculty
members to teach clinical legal education courses as may be necessary to comply with
this Rule.
SECTION 13. SANCTIONS. -

The following shall be considered as unauthorized practice of law by a certified law
student practitioner –
i. Engaging in any of the acts provided in Section 4 of this Rule without the necessary
certification or without the consent and supervision of the supervising lawyer;
ii. Making false representations in the application for certification;
iii. Using an expired certification to engage in the limited practice of law under this Rule;
iv. Rendering legal services outside the scope of the practice areas allowed under
Section 4 of this Rule;
v. Asking for or receiving payment or compensation for services rendered under the
Clinical Legal Education Program as provided in this Rule; and
vi. Such other analogous circumstances.
Unauthorized practice of law shall be a ground for

 revocation of the law student practitioner's certification and/or
 disqualification for a law student from taking the bar examination for a period to be
determined by the Supreme Court.
SECTION 14. EFFECTIVITY.

This rule shall take effect at the start of Academic Year 2020-2021 following its
publication in two (2) newspapers of general circulation. The requirements under second
paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25,
2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

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A. M No.

WHY AMEND RULE 138A

SECTION 2. DEFINITION OF TERMS

 Externship is part of the clinical legal educational program if:

SECTION 3. ELIGIBILITY REQUIREMENTS OF LAW STUDENT PRACTITIONERS.

SECTION 4. PRACTICE AREAS OF LAW STUDENT PRACTITIONERS.

For Level 1 Certification

For Level 2 Certification

SECTION 5. CERTIFICATION APPLICATION REQUIREMENTS.

SECTION 6. DUTIES OF LAW STUDENT PRACTITIONERS. - Acting under a

SECTION 7. USE OF LAW STUDENT PRACTITIONER'S NAME. -A law student

SECTION 8. LAW STUDENT PRACTITIONER'S OATH/AFFIRMATION. - A law student

a) Develop and adopt a CLEP;

SECTION 10. QUALIFICATION OF SUPERVISING LAWYERS. - A supervising lawyer

SECTION 13. SANCTIONS. -

Unauthorized practice of law shall be a ground for

SECTION 14. EFFECTIVITY.

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