Rule 138-A

Rule 138-A
Law Student Practice

(A.M. No. 19-03-24 SC)
Prepared By:
Atty. Khrisna P. Sunico
School of Management, Accountancy and Real Estate
Section 1. Coverage
This rule cover the limited practice of law by students certified herein.
Limited practice of law covers:

1. Appearances
2. Drafting of pleadings
3. Submission of pleadings and documents before trial and appellate courts and quasi-
judicial and administrative bodies
4. Assistance in mediation and other alternative modes of dispute resolution
5. Legal counselling and advice; and
6. Such other activities that may be covered by the Clinical Legal Education Program of
the law school
Section 2. Definition of Terms
a. Clinical Legal Education Program – it is an experiential, interactive and reflective credit-
earning teaching course with the objective 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. It consists of learning activities covered by
this Rule undertaken in either 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 – it is part of the clinical legal education program if:
1. it allows students to engage in legal work for the marginalized sectors or for the promotion
of social justice and public interest, and
2. it is undertaken with any of the following:
2a) courts, IBP, government offices; and
2b) law school and non-government organizations (NGOs)
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.
Law Student Practitioner – it is a law student certified under Sec. 3 of this

Rule.
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
Law student must apply for and secure the following certifications:
1. Level 1 certification, for law students who have successfully completed their first-
year law courses; and/or
2. 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.
Validity
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;
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
1. Duly-accomplished form under oath – 3 copies
2. 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 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.
Validity
The Level 1 Certification 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.
Valid before all courts, quasi-judicial and administrative bodies.

Section 6. Duties of Law Student
Practitioners
a. Observe the provisions of Section 24(b), Rule 130 of the Rules of
Court;
b. Be prohibited from using an 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 may sign briefs, pleadings, letters, and other similar
documents;
Which the student has produced;
Under the direction of the supervising lawyer; and
Indicating the law student practitioner’s certificate number
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
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; and
d. Ensure compliance by law student practitioners and supervising
lawyers with the Code of Professional Responsibility
Section 10. Qualification of Supervising
Lawyers
Member of the BAR in good standing
Section 11. Duties of Supervising Lawyers

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 clsp prior to the filing thereof, and
read and approve any documents which shall be prepared by the clsp
for execution by the eligible party; and
f. Provide the level of supervision to the clsp 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

Unauthorized practice of law by a clsp:
a. 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;
b. Making false representations in the application for certification;
c. Using an expired certification to engage in the limited practice of law under this Rule;
d. Rendering legal services outside the scope of practice areas allowed under Section 4 of this Rule;
e. Asking for or receiving payment or compensation for services rendered under the Clinical Legal
Education Program as provided in this Rule; and
f. Such other analogous circumstances.
Penalties:
1. Revocation of the law student practitioner’s certification; and/or
2. Disqualification from taking the BAR examination for a period to be determined by the Supreme
Court.
The supervising lawyer, Clinical Legal Education Program Head, and/or law school dean shall be
subjected to disciplinary action.
Section 14. Effectivity
Start at Academic Year 2020-2021
Shall apply to BAR Examination applicants commencing the 2023 BAR
examinations

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Law Student Practice

Limited practice of law covers:

Law Student Practitioner – it is a law student certified under Sec. 3 of this

Supervising Lawyer – refers to a member of the Philippine Bar in good

For Level 1 Certification

For Level 2 Certification

The law school, through the dean or the authorized representative,

Valid before all courts, quasi-judicial and administrative bodies.

Section 11. Duties of Supervising Lawyers

Section 13. Sanctions

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