June 25, 2019 – Amended Rule 138-A of the Rules of Court, Law Student

Practice (A.M. No. 19-03-24-SC)

Whereas, pursuant to the provisions of 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;

Whereas, there is a need to amend the provisions of Rule 138-A 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;

Whereas, there is a need to institutionalize clinical legal education program in all

law schools in order to enhance, improve, and streamline law student practice, and
regulate their limited practice of law; and

Whereas, to produce practice-ready lawyers, the completion of clinical legal

education courses must be a prerequisite to take the bar examinations as provided in
Section 5 of Rule 138.

Now, therefore, the Supreme Court En Banc hereby adopts and promulgates the
Revised Law Student Practice Rule.

The Revised Rule shall take effect at the start of the Academic Year 2020-2021
following its publication in two (2) newspapers of general circulation.

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 A.M. NO. 19-03-24-SC
RULE 138-A
LAW STUDENT PRACTICE
Section 1. Coverage. – This rule shall cover the limited practice of law by students
certified herein. The limited practice of law covers 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. –

(a) Clinical Legal Education Program is an experiential, interactive and reflective

credit-earning teaching course with the objectives of providing law students with
practical knowledge, 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, while inculcating in the students the values of ethical
lawyering and public service. It consists of learning activities covered by this Rule
undertaken in either a 1) law clinic or an 2) externship, which shall incorporate the
teaching of legal theory and doctrines, practical skills, as well as legal ethics.

(b) Externship is part of the clinical legal educational program if: (a) it allows
students to engage in legal work for the marginalized sectors or for the promotion of
social justice and public interest, and b) 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).

(c) Law Clinic refers to an office or center which is a component of the law school’s
clinical legal education program that renders legal assistance and services as herein
provided to eligible persons, groups, and/or communities.

(d) Law Student Practitioner is a law student certified under Section 3 of this Rule.

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(e) Supervising Lawyer refers to a member of the Philippine Bar in good standing
who is authorized by the law school to supervise the law student practitioner under
this Rule.

Section 3. Eligibility Requirements of Law Student Practitioners. – No law student

shall be permitted to engage in any of the activities under the Clinical Legal
Education Program of a law school unless the law student has applied for and
secured the following certifications:

(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 clinical legal education program to complete the law
degree, unless sooner revoked for grounds stated herein.

Section 4. Practice Areas of Law Student Practitioners. – Subject to the supervision

and approval, of a supervising lawyer, a certified law student practitioner may:

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;

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(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. – The law student must submit a

duly-accomplished application form under oath in three (3) copies, accompanied by
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

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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 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 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

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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 Clinical Legal Education Program;

(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.

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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 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. – (a) Without prejudice to existing laws, rules, regulations,
and circulars, the following shall be considered as unauthorized practice of law by a
certified law student practitioner –

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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 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 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.

(b) The above provisions notwithstanding, any act constituting a violation of the
Code of Professional Responsibility shall subject the supervising lawyer, Clinical
Legal Education Program head, and/or law school dean to disciplinary action, as the
circumstances may warrant.

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.

June 25, 2019, Manila, Philippines.

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NEW LAW STUDENT PRACTICE RULE (A.M. NO. 19-03-24-SC)

The Supreme Court en banc, on June 25, 2019, adopted and promulgated A.M. No.
19-03-24-SC Rule 138-A Law Student Practice, otherwise known as the Revised
Law Student Practice Rule (Revised Rule). The Revised Rule is an amendment to
the existing provisions of Rule 138-A of the Rules of Court. A salient feature of
the Revised Rule is that a law student must now be certified to be able to
engage in the limited practice of law.

What are its most important features?

[1] The Rule covers the limited practice of law by students certified under the
Clinical Legal Education Program (CLEP) of the law school. Examples of law
practice allowed are:

[a] Appearances;
[b] Drafting and submission of pleadings and documents before trial and appellate
courts and quasi-judicial and administrative bodies;
[c] Assistance in mediation, legal counselling and advice; and
[d] Others mentioned under Section 1.

[2] The Rule requires that law students, before engaging in practice of law via the
Clinical Legal Education Program (CLEP), must first apply for and secure the
following:

[a] Level 1 Certification for those who have completed the 1st year; and/or
[b] Level 2 Certification for those who are currently enrolled in their third year,
second Semester under Section 3.

[3] Section 4 enumerates the areas of law student-practitioners can engage in in

accordance with their certification.

[4] Section 5 enumerates the requirements for certification application.

[5] Section 6 enumerates the duties of a law student-practitioner. It says that they
are bound by the Code of Professional Responsibility.

[6] Section 7 is the counterpart of the lawyer's signature provision under the Rules
of Court. A law student practitioner may sign briefs, pleadings, letters and other
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similar documents under the direction of the supervising lawyer and indicating
his/her practitioner's certificate number.

[7] Section 9 enumerates the duties of law schools, one of which is to develop and
maintain a legal clinic.
[8] Sections 10 and 11 provide for the qualifications and duties of supervising
lawyers. Unfortunately, the Rule requires the personal appearance of the
supervising lawyer with the law student-practitioner.

[9] The Rule provides for appropriate sanctions in cases of violation (Section 13).

[10] The Rule shall take effect at the start of school year 2020-2021.

[11] Rule 138, Section 5 has been amended by this Rule, regarding the
prerequisites to take the 2023 bar examination.

Pursuant to the provisions of Section 5(5), Article VIII of the 1987 Constitution,
the Supreme Court used its power to adopt and promulgate rules concerning legal
assistance to the underprivileged through the amendment of the provisions of Rule
138-A. This amendment ensures access to justice of the marginalized sectors,
enhances learning opportunities of law students by instilling in them the value of
legal professional social responsibility, and to prepare them for the practice of law.
The Supreme Court also addressed the need to institutionalize clinical legal
education program in all law schools in order to enhance, improve, and streamline
law student practice, and regulate their limited practice of law. The Revised Rule is
now more comprehensive with 14 sections and shall take effect at the start of the
Academic Year 2020-2021 following its publication in two newspapers of general
circulation.

Under Section 3 of the Revised Rule, a law student shall apply for and secure a
Level 1 or 2 Certification, as the case may be, in order to be permitted to engage in
any of the activities under the Clinical Legal Education Program of a law school.
The basic distinction between the two levels involve the minimum academic
requirement the law student has successfully completed: for Level 1 Certification –
first-year law courses, while for Level 2 Certification – third-year law courses.

Section 4 enumerates the practice areas for law student practitioners for both Level
1 and 2 Certifications. Section 5 itemizes the certification application
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requirements, which include a duly-accomplished application form under oath in
three copies accompanied by proof of payment of the necessary legal and filing
fees. It also distinguishes where each level certification is valid. Level 1 is valid
before all courts, quasi-judicial and administrative bodies within the judicial region
where the law school is located, whereas Level 2 is valid before all courts, quasi-
judicial and administrative bodies.

Once the law student is certified, the certificate number must be used in signing
briefs, pleadings, letters, and other similar documents produced under the direction
of a supervising lawyer. (Section 7) The law student shall also take the Law
Student Practitioner’s Oath, a modified lawyer’s oath, under Section 8 before
engaging in the limited practice of law.

The duties of law student practitioners, law schools, and supervising lawyers are
also enumerated in Sections 6, 9, and 11 respectively.

The Revised Rule also enumerates in Section 13 acts considered as unauthorized

practice of lawas well as the corresponding sanctions, without prejudice to existing
laws, rules, regulations, and circulars. It stresses that “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 examinations for a
period to be determined by the Supreme Court.” (Supreme Court Media (2019). SC
Adopts Revisions to the Law Student Practice Rule. July 16, 2019.
sc.judiciary.gov.ph/4810/)

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