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A.M. No.19-03-24-SC

RULE 138-A
LAW STUDENT PRACTICE

MANILA, PHILIPPINES
JULY 2019
 l\epublic of tbe tlbilipptne%
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A.M. No. 19-03-24-SC

RULE 138-A
LAW STUDENT PRACTICE
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 oflaw, 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,streamlineand
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
ofgeneral circulation.
3
 June 25, 2019, Manila, Philippines.

Associate Justice

~~~~ AA 0 -J{v.J/
MA~~1EL CASTILLO ESTE~~ ~lPERLAS-BERNABE
Associate Justice Associate Justice
. /'
(On Leave)

FRANCIS H. JARDELEZA
Associate Justice Associate Justice
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ALFREBENllMI s._CAGUIOA YES,JR.

Asso~i;te Ju e Justice
~~- /J M✓
. REYES JR
Associate Justice fficociate Jusdce .
t/7~~ ,,
RAM~RNANDO
Associate Justice Associa~
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/~~~ HE~TING
Associate Justice Associate Justice
 A.M. No. 19-03-24-SC
RULE 138-A
LAW STUDENT PRACTICE

Section 1. Coverage. - Thisshallrule cover the limited practice of law by

students certified herein. The limited practice of law covers
appearances, draftingsubmissionand of pleadings and documents before
trial and appellate courts and quasi-judicial and administrative bodies,
assistance in mediation and other alternative modes ofdispute 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 know ledge, skills and values necessary for the
application of the law, delivery of legal services and
promotion of social justice andespeciallypublicinterest,
to the marginalized, while inculcating in the students the
values of ethical lawyering and public service. It consists
ofleaming activities covered byundertakenthisRule in
either al) law clinic or an 2) extemship, 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
5
6 A.M. No. 19-03-24-SC
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.
(e) Supervising Lmtyer 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 ce1iification, 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;
Rule 138-A I Law Student Practice 7

(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
The Executive Judge of the RTC shall evaluate,and approve, 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.
8 A.M. No. 19-03-24-SC
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
1
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, ( namebeen ), having 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

1
Promulgatedthe by Supreme Court on June 21, 1988.
Rule 138-A I Law Student Practice 9

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 ofmy
knowledge and discretion, with all good fidelity as well to the
2
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.
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;

2 Modified last March 29, 2019.

10 A.M. No. 19-03-24-SC
( c) Assume personal professional responsibility for any work
performed by the certifiedstudentlaw 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 certifiedstudentlaw 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 -
1. 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;
11. Making false representations in the application for
certification;
m. Using an expired certification to engage in the limited
practice of law under this Rule;
1v. 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
Rule 138-A I Law Student Practice 11

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.
(b)provisionsTheabove notwithstanding, any act constituting
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. Ejfectivity. - This rule shall take effect at the start of
Academic Year2020-2021 following its publication(2)in two 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.
12 A.M. No. 19-03-24-SC

REPUBLIC OF THE PHILIPPINES

__ Judicial Region
REGIONALTRIALCOURT
Office of the Executive Judge
W1Y}

1
In Re: Application for Level 1 Certification, Application No. ___
XXX,
Applicant.
x-------------------------------------------------------------------------------x
APPLICATION

I, (name of applicant) , of legal age and a resident of (address) , state

under oath that:
1. I am currently enrolled at the {complete name of law school/
institution) at (address of school);
2. I have satisfactorily and successfully completed all my first year
courses;
3. I will enroll in the school's clinical legal education program for the
(first/second/) semester/summer tenn of academic year (20xx-20xx):
4. I am aware of and will abide by the limitations under Sections 4,
and the duties and obligations under Section 6 - 8 of Rule 138-A of the Rules
of Court;
5. I have paid the necessary fees under Section 21(1) of Rule 141 of
the Rules of Court for the issuance of the Level 1 Certification. Attached
herein is a copy of the official receipt as proof of payment;
WHEREFORE, it is respectfully prayed that this application be
approved and the Level 1 Certification be issued.
City of _____, {date).

(Signed)
{name of Applicant)

*** illRAT ***

1 To facilitate and provide the control number: level number,judicial region, city where EJ
is stationed, and year and application number e.g. Ll-VII-CEB-2019-00 I for an applicant
from Cebu City, RTC Cebu
Rule 138-A I Law Student Practice 13

[SCHOOL LETTERHEAD]

(DATE)
Hon. (NAME OF JUDGE)
Executive Judge
Regional Trial Court
(CITY)

Your Honor:

Pursuant to Sections 5 and 9(c) of Rule 138-A of the Rules of Court, I am

respectfully indorsing for your consideration and approval the application( s) for
Level ____ Certification of the following student( s):

1. (full name of student) - (student number)

2. (full name of student) - (student number)
3. (full name of student) - (student number)
4. (full name of student) - (student number)
5. (full name of student) - (student number)

xxxx

Thank you very much.

(NAME OF DEAN)
Dean

** JURAT**
 +'"

SUPREME COURT OF THE PHILIPPINES

____ Judicial Region
Regional Trial Court of (CITY)
Office of the Executive Judge

LEVEL I CERTIFICATION
Pursuant to Section 5 of Rule I 38-A of the Rules of Court, this Certification is issued to:
(NAME OF STUDENT)
(NAME OF SCHOOL}
{CERTIFICATION NO. ) 1

This certification is issued subject to the limitations provided under Sections 3 and 4, and 6-8 of Rule 138-A of theRules
of Court and 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 as provided in Rule 138-A.
~
~
Pursuant to Section 8 of Rule I 38-A of the Rules of Court, the above-named student shall take his/her oath and submit
a copy of the same tothe of1ice of the dean of the law school.
z
0

Given on this __ day of June 2019, in CITY, Philippines ....

1.0
I
0
c.,.,
HON. (NAME OF JUDGE) I
~
Executive Judge I
r.r.,
n
1
Certification number should be the application number
Rule 138-A I Law Student Practice 15

REPUBLIC OF THE PHILIPPINES

__ Judicial Region
REGIONAL TRIAL COURT
Office of the Executive Judge
WW
1
In Re: Application for Level 2 Certification, Application No. ___
XXX,
Applicant.
x-------------------------------------------------------------------------------x

APPLICATION
I, (name of applicant) . of legal age and a resident of (address) ,
state under oath that:
1. I am currently enrolled at the (complete name of law school/
institution) at (address of school):
2. I have satisfactorily and successfully completed all my third
year courses, or by the end of this academic year, I shall have completed
all my third year courses;
3. I will enroll in the school's clinical legal education program for
the (first/second/) semester/summer term of academic year (20xx-20xx)

4. I am aware of and will abide by the limitations under Sections 3

and 4, and the duties and obligations under Section 6 - 8 of Rule 138-A of
the Rules of Court;
5. I have paid the necessary fees under Section 21 ( 1) of Rule 141
of the Rules of Court for the issuance of the Level 2 Certification.
Attached herein is a copy of the official receipt as proof of payment;
WHEREFORE, it is respectfully prayed that this application be duly
endorsed to the Office of the Court Administrator as provided in Section 5 of
Rule 138-A for the approval and issuance of Level 2 Certification.
City of ___, (date).
(Signed)
(name of Applicant)

*** JURAT ***

1 To facilitate and provide the control number: level number,judicial region,

city where EJ is stationed, and year and application number e.g. L2-VII-CEB-2019-
001 for an applicant from Cebu City, RTC Cebu
16 A.M. No. 19-03-24-SC

REPUBLIC OF THE PHILIPPINES

__ Judicial Region
REGIONAL TRlAL COURT
Office of the Executive Judge
(CITY)

In Re: Application for Level 2 Certification of

(NAME OF SCHOOL) students.
X------------------------------------------------------------------------------ X
INDORSEMENT

HON. (COURT ADMINISTRATOR)

Office of the Court Administrator
Supreme Court of the Philippines,
Padre Faura, Manila

Through: Hon. (NAME OF DCA)

Deputy Court Administrator for ______
Pursuant to Section 5 of Rule 13 8-A of the Rules of Court, the
undersigned respectfully endorses the attached applications with the
supporting documents, of the following students for Level 2 Certification, for
your consideration and appropriate action:
1. (full name of student) -Application No. ______
2. (full name of student) -Application No. ______
3. (full name of student) -Application No. ______
4. (full name of student) -Application No. ______
Thank you.
Respectfully Submitted.
Done this _th day of (MONTH). 2019

HON. (NAME OF JUDGE)

Executive Judge
 ~
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,-.\
SUPREME COURT OF THE PHILIPPINES w
Office of the Court Administrator 00
::i:.
Manila
r<
LEVEL 2 CERTIFICATION :::i
~

Pursuant to Section 5 of Rule 138-A of the Rules of Court, this Certification is issued to: (J)
~
;:
(NAME OF STUDENT) ~
!':>
<NAME OF SCHOOL} ~
~
(CERTIFICATION NO. ) 1 "i:J

~
....(")
This certification is issued subject to the limitations provided under Sections 3 and 4, and 6-8 of Rule 138-A of the ~
(")
Rules of Court and 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 as provided in Rule 138-A.

Pursuant to Section 8 of Rule 138-A of the Rules of Court, the above-named student shall take his/her oath and
submit a copy of the same to the office of the dean of the law school.
Given on this __ day of June 2019, in CITY, Philippines.
HON. (NAME AND SIGNATURE OF DCA)
Deputy Court Administrator for Luzon

-.I
1 To facilitate and provide the control number: the certification number shall indicate DCA Luz/Vis/Min, the judicial region number, and
year and application number e.g. DCA Vis-CEB-2019-00 I for an applicant from Cebu City, RTC Cebu