RULE 138
No applicant for admission to the bar examination shall
Attorneys and Admission to Bar
Section 1. Who may practice law. Any person heretofore duly admitted as
a member of the bar, or hereafter admitted as such in accordance with the
provisions of this rule, and who is in good and regular standing, is entitled to
practice law.
Section 2. Requirements for all applicants for admission to the bar. Every
applicant for admission as a member of the bar must be a citizen of the Philippines,
at least twenty-one years of age, of good moral character, and resident of the
Philippines; and must produce before the Supreme Court satisfactory evidence of
good moral character, and that no charges against him, involving moral turpitude,
have been filed or are pending in any court in the Philippines.
Section 3. Requirements for lawyers who are citizens of the United States of
America. Citizens of the United States of America who, before July 4, 1946, were
duly licensed members of the Philippine Bar, in active practice in the courts of the
Philippines and in good and regular standing as such may, upon satisfactory proof of
those facts before the Supreme Court, be allowed to continue such practice after
taking the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the
practice of law in the Philippines, do solemnly swear that I recognize the supreme
authority of the Republic of the Philippines; I will support its 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, nor give aid nor
consent to the same; I will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of may knowledge and discretion with all
good fidelity as well as to the courts as to my clients; and I impose upon myself this
voluntary obligation without any mental reservation or purpose of evasion. So help
me God.
Section 4. Requirements for applicants from other jurisdictions. Applicants
for admission who, being Filipino citizens, are enrolled attorneys in good standing in
the Supreme Court of the United States or in any circuit court of appeals or district
court therein, or in the highest court of any State or Territory of the United States,
and who can show by satisfactory certificates that they have practiced at least five
years in any of said courts, that such practice began before July 4, 1946, and that
they have never been suspended or disbarred, may, in the discretion of the Court,
be admitted without examination.
Section 5. Additional requirements for other applicants. All applicants for
admission other than those referred to in the two preceding section shall, before
being admitted to the examination, satisfactorily show that they have regularly
studied law for four years, and successfully completed all prescribed courses, in a
law school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
Section 6. Pre-Law.
be admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political science, logic, english,
spanish, history and economics.
Section 7. Time for filing proof of qualifications. All applicants for
admission shall file with the clerk of the Supreme Court the evidence required by
section 2 of this rule at least fifteen (15) days before the beginning of the
examination. If not embraced within section 3 and 4 of this rule they shall also file
within the same period the affidavit and certificate required by section 5, and if
embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of
their admission to practice, satisfactory evidence that the same has not been
revoked, and certificates as to their professional standing. Applicants shall also file
at the same time their own affidavits as to their age, residence, and citizenship.
Section 8. Notice of Applications. Notice of applications for admission shall
be published by the clerk of the Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the beginning of the
examination.
Section 9. Examination; subjects. Applicants, not otherwise provided for in
sections 3 and 4 of this rule, shall be subjected to examinations in the following
subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law;
Political Law (Constitutional Law, Public Corporations, and Public Officers);
International Law (Private and Public); Taxation; Remedial Law (Civil Procedure,
Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleadings
and Conveyancing).
Section 10. Bar examination, by questions and answers, and in writing.
Persons taking the examination shall not bring papers, books or notes into the
examination rooms. The questions shall be the same for all examinees and a copy
thereof, in English or Spanish, shall be given to each examinee. Examinees shall
answer the questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so
poor that it will be difficult to read his answers without much loss of time., the
Supreme Court may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used.
The committee of bar examiner shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds. Examinees shall
not place their names on the examination papers. No oral examination shall be
given.
Section 11. Annual examination. Examinations for admission to the bar of
the Philippines shall take place annually in the City of Manila. They shall be held in
four days to be disignated by the chairman of the committee on bar examiners. The
subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and legal Ethics and
Practical Exercises (afternoon).
Section 12. Committee of examiners. Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year, and eight members of
the bar of the Philippines, who shall hold office for a period of one year. The names
of the members of this committee shall be published in each volume of the official
reports.
Section 13. Disciplinary measures. No candidate shall endeavor to influence
any member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The
candidate who violates this provisions, or any other provision of this rule, shall be
barred from the examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.
Section 14. Passing average. In order that a candidate may be deemed to
have passed his examinations successfully, he must have obtained a general
average of 75 per cent in all subjects, without falling below 50 per cent in any
subjects. In determining the average, the subjects in the examination shall be given
the following relative weights: Civil Law, 15 per cent; Labor and Social Legislation,
10 per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent: Political and
International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent;
Legal Ethics and Practical Exercises, 5 per cent.
Section 15. Report of the committee; filing of examination papers. Not later
than February 15th after the examination, or as soon thereafter as may be
practicable, the committee shall file its report on the result of such examination. The
examination papers and notes of the committee shall be filed with the clerk and may
there be examined by the parties in interest, after the court has approved the
report.
Section 16. Failing candidates to take review course. Candidates who have
failed the bar examinations for three times shall be disqualified from taking another
examination unless they show the satisfaction of the court that they have enrolled in
and passed regular fourth year review classes as well as attended a pre-bar review
course in a recognized law school.
The professors of the individual review subjects attended by the candidates under
this rule shall certify under oath that the candidates have regularly attended classes
and passed the subjects under the same conditions as ordinary students and the
ratings obtained by them in the particular subject.
Section 17. Admission and oath of successful applicants. An applicant who
has passed the required examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
Section 18. Certificate. The supreme Court shall thereupon admit the
applicant as a member of the bar for all the courts of the Philippines, and shall direct
an order to be entered to that effect upon its records, and that a certificate of such
record be given to him by the clerk of court, which certificate shall be his authority
to practice.
Section 19. Attorney's roll. The clerk of the Supreme Court shall kept a roll
of all attorneys admitted to practice, which roll shall be signed by the person
admitted when he receives his certificate.
Section 20. Duties of attorneys. It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial
officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to
be just, and such defenses only as he believes to be honestly debatable under the
law.
(d) To employ, for the purpose of maintaining the causes confided to him, such
means only as are consistent with truth and honor, and never seek to mislead the
judge or any judicial officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in connection with
his client's business except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial
to the honor or reputation of a party or witness, unless required by the justice of the
cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused, to present
every defense that the law permits, to the end that no person may be deprived of
life or liberty, but by due process of law.
Section 21. Authority of attorney to appear. an attorney is presumed to be
properly authorized to represent any cause in which he appears, and no written
power of attorney is required to authorize him to appear in court for his client, but
the presiding judge may, on motion of either party and on reasonable grounds
therefor being shown, require any attorney who assumes the right to appear in a
case to produce or prove the authority under which he appears, and to disclose,
whenever pertinent to any issue, the name of the person who employed him, and
may thereupon make such order as justice requires. An attorneys wilfully appear in
court for a person without being employed, unless by leave of the court, may be
punished for contempt as an officer of the court who has misbehaved in his official
transactions.
Section 22. Attorney who appears in lower court presumed to represent client
on appeal. An attorney who appears de parte in a case before a lower court shall
be presumed to continue representing his client on appeal, unless he files a formal
petition withdrawing his appearance in the appellate court.
Section 23. Authority of attorneys to bind clients. Attorneys have authority
to bind their clients in any case by any agreement in relation thereto made in
writing, and in taking appeals, and in all matters of ordinary judicial procedure. But
they cannot, without special authority, compromise their client's litigation, or receive
anything in discharge of a client's claim but the full amount in cash.
Section 24. Compensation of attorneys; agreement as to fees. An attorney
shall be entitled to have and recover from his client no more than a reasonable
compensation for his services, with a view to the importance of the subject matter of
the controversy, the extent of the services rendered, and the professional standing
of the attorney. No court shall be bound by the opinion of attorneys as expert
witnesses as to the proper compensation, but may disregard such testimony and
base its conclusion on its own professional knowledge. A written contract for
services shall control the amount to be paid therefor unless found by the court to be
unconscionable or unreasonable.
Section 25. Unlawful retention of client's funds; contempt. When an
attorney unjustly retains in his hands money of his client after it has been
demanded, he may be punished for contempt as an officer of the Court who has
misbehaved in his official transactions; but proceedings under this section shall not
be a bar to a criminal prosecution.
Section 26. Change of attorneys. An attorney may retire at any time from
any action or special proceeding, by the written consent of his client filed in court.
He may also retire at any time from an action or special proceeding, without the
consent of his client, should the court, on notice to the client and attorney, and on
hearing, determine that he ought to be allowed to retire. In case of substitution, the
name of the attorney newly employed shall be entered on the docket of the court in
place of the former one, and written notice of the change shall be given to the
advance party.
A client may at any time dismiss his attorney or substitute another in his place, but
if the contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable cause, he shall be entitled to
recover from the client the full compensation stipulated in the contract. However,
the attorney may, in the discretion of the court, intervene in the case to protect his
rights. For the payment of his compensation the attorney shall have a lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services had been retained by the client.
Section 27. Attorneys removed or suspended by Supreme Court on what
grounds. A member of the bar may be removed or suspended from his office as
attorney by the Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by reason of his conviction of
a crime involving moral turpitude, or for any violation of the oath which he is
required to take before the admission to practice, or for a wilfull disobedience of any
lawful order of a superior court, or for corruptly or willful appearing as an attorney
for a party to a case without authority so to do. The practice of soliciting cases at
law for the purpose of gain, either personally or through paid agents or brokers,
constitutes malpractice.
Section 28. Suspension of attorney by the Court of Appeals or a Court of First
Instance. The Court of Appeals or a Court of First Instance may suspend an
attorney from practice for any of the causes named in the last preceding section,
and after such suspension such attorney shall not practice his profession until
further action of the Supreme Court in the premises.
Section 29. Upon suspension by the Court of Appeals or Court of First Instance,
further proceedings in Supreme Court. Upon such suspension, the Court of
Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court a
certified copy of the order of suspension and a full statement of the facts upon
which the same was based. Upon the receipt of such certified copy and statement,
the Supreme Court shall make a full investigation of the facts involved and make
such order revoking or extending the suspension, or removing the attorney from his
office as such, as the facts warrant.
Section 30. Attorney to be heard before removal or suspension. No attorney
shall be removed or suspended from the practice of his profession, until he has had
full opportunity upon reasonable notice to answer the charges against him, to
produce witnesses in his own behalf, and to be heard by himself or counsel. But if
upon reasonable notice he fails to appear and answer the accusation, the court may
proceed to determine the matter ex parte.
Section 31. Attorneys for destitute litigants. A court may assign an attorney
to render professional aid free of charge to any party in a case, if upon investigation
it appears that the party is destitute and unable to employ an attorney, and that the
services of counsel are necessary to secure the ends of justice and to protect the
rights of the party. It shall be the duty of the attorney so assigned to render the
required service, unless he is excused therefrom by the court for sufficient cause
shown.
Section 32. Compensation for attorneys de oficio. Subject to availability of
funds as may be provided by the law the court may, in its discretion, order an
attorney employed as counsel de oficio to be compensates in such sum as the court
may fix in accordance with section 24 of this rule. Whenever such compensation is
allowed, it shall be not less than thirty pesos (P30) in any case, nor more than the
following amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos
(P100) in less grave felonies; (3) Two hundred pesos (P200) in grave felonies other
than capital offenses; (4) Five Hundred pesos (P500) in capital offenses.
Section 33. Standing in court of person authorized to appear for Government.
Any official or other person appointed or designated in accordance with law to
appear for the Government of the Philippines shall have all the rights of a duly
authorized member of the bar to appear in any case in which said government has
an interest direct or indirect.
Section 34. By whom litigation conducted. In the court of a justice of the
peace a party may conduct his litigation in person, with the aid of an agent or friend
appointed by him for the purpose, or with the aid an attorney. In any other court, a
party may conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the bar.
Section 35. Certain attorneys not to practice. No judge or other official or
employee of the superior courts or of the Office of the Solicitor General, shall engage
in private practice as a member of the bar or give professional advice to clients.
Section 36. Amicus Curiae. Experienced and impartial attorneys may be
invited by the Court to appear as amici curiae to help in the disposition of issues
submitted to it.
Section 37. Attorneys' liens. An attorney shall have a lien upon the funds,
documents and papers of his client which have lawfully come into his possession
and may retain the same until his lawful fees and disbursements have been paid,
and may apply such funds to the satisfaction thereof. He shall also have a lien to the
same extent upon all judgments for the payment of money, and executions issued in
pursuance of such judgments, which he has secured in a litigation of his client, from
and after the time when he shall have the caused a statement of his claim of such
lien to be entered upon the records of the court rendering such judgment, or issuing
such execution, and shall have the caused written notice thereof to be delivered to
his client and to the adverse paty; and he shall have the same right and power over
such judgments and executions as his client would have to enforce his lien and
secure the payment of his just fees and disbursements.
The Lawphil Project - Arellano Law Foundation
REPUBLIC ACT NO. 7662
AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE
PURPOSE, A LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of
1993."
Section 2. Declaration of Policies. - It is hereby declared the policy of the State to
uplift the standards of legal education in order to prepare law students for advocacy,
counselling, problem-solving, and decision-making, to infuse in them the ethics of
the legal profession; to impress on them the importance, nobility and dignity of the
legal profession as an equal and indispensable partner of the Bench in the
administration of justice and to develop social competence.
Towards this end, the State shall undertake appropriate reforms in the legal
education system, require proper selection of law students, maintain quality among
law schools, and require legal apprenticeship and continuing legal education.
Section 3. General and Specific Objective of Legal Education. - (a) Legal education in
the Philippines is geared to attain the following objectives:
(1) to prepare students for the practice of law;
(2) to increase awareness among members of the legal profession of the needs of
the poor, deprived and oppressed sectors of society;
(3) to train persons for leadership;
(4) to contribute towards the promotion and advancement of justice and the
improvement of its administration, the legal system and legal institutions in the light
of the historical and contemporary development of law in the Philippines and in
other countries.
(b) Legal education shall aim to accomplish the following specific objectives:
(1) to impart among law students a broad knowledge of law and its various fields
and of legal institutions;
(2) to enhance their legal research abilities to enable them to analyze, articulate and
apply the law effectively, as well as to allowthem to have a holistic approach to legal
problems and issues;
(3) to prepare law students for advocacy, counselling, problem-solving and decision-
making, and to develop their ability to deal with recognized legal problems of the
present and the future;
(4) to develop competence in any field of law as is necessary for gainful employment
or sufficient as a foundation for future training beyond the basic professional degree,
and to develop in them the desire and capacity for continuing study and self-
improvement;
(5) to inculcate in them the ethics and responsibilities of the legal profession; and
(6) to produce lawyers who conscientiously pursue the lofty goals of their profession
and to fully adhere to its ethical norms.
Section 4. Legal Education Board; Creation and Composition. - To carry out the
purpose of this Act, there is hereby created the Legal Education Board, hereinafter
referred to as the Board, attached solely for budgetary purposes and administrative
support to the Department of Education, Culture and Sports.
The Board shall be composed of a Chairman, who shall preferably be a former justice
of the Supreme Court or Court of Appeals, and the following as regular members: a
representative of the Integrated Bar of the Philippines (IBP); a representative of the
Philippine Association of Law Schools (PALS); a representative from the ranks of
active law practitioners; and, a representative from the law students' sector. The
Secretary of the Department of Education, Culture and Sports, or his representative,
shall be an ex officio member of the Board.
With the exception of the representative of the law students' sector, the Chairman
and regular members of the Board must be natural-born citizen of the Philippines
and members of the Philippine Bar, who have been engaged for at least ten (10)
years in the practice of law, as well as in the teaching of law in a duly authorized or
recognized law school.
Section 5. Term of Office; Compensation. - The Chairman and regular members of
the Board shall be appointed by the President for a term of five (5) years without
reappointment from a list of at least three (3) nominees prepared, with prior
authorization from the Supreme Court, by the Judicial and Bar Council, for every
position or vacancy, and no such appointment shall need confirmation by the
Commission on Appointments. Of those first appointed, the Chairman and the
representative of the IBP shall hold office for five (5) years, the representatives of
the PALS and the PALP, for three (3) years; and the representative from the ranks of
active law practitioners and the representative of the law students' sector, for one
(1) year, without reappointment. Appointments to any vacancy shall be only for the
unexpire portion of the term of the predecessor.
The Chairman and regular members of the Board shall have the same salary and
rank as the Chairman and members, respectively, of the Constitutional
Commissions: Provided, That their salaries shall not be diminished during their term
of office.
Section 6. Office and Staff Support. - The Department of Education, Culture and
Sports shall provide the necessary office and staff support to the Board, with a
principal office to be located in Metropolitan Manila. The Board may appoint such
other officers and employees it may deem necessary in the performanceof its
powers and functions.
Section 7. Powers and Functions. - For the purpose of achieving the objectives of this
Act, the Board shall havethe following powers and functions:
(a) to administer the legal education system in the country in a manner consistent
with the provisions of this Act;
(b) to supervise the law schools in the country, consistent with its powers and
functions as herein enumerated;
(c) to set the standards of accreditation for law schools taking into account, among
others, the size of enrollment, the qualifications of the members of the faculty, the
library and other facilities, without encroaching upon the academic freedom of
institutions of higher learning;
(d) to accredit law schools that meet the standards of accreditation;
(e) to prescribe minimum standards for law admission and minimum qualifications
and compensation of faculty members;
(f) to prescribe the basic curricula for the course of study aligned to the
requirements for admission to the Bar, law practice and social consciousness, and
such other courses of study as may be prescribed by the law schools and colleges
under the different levels of accreditation status;
(g) to establish a law practice internship as a requirement for taking the Bar which a
law student shall undergo with any duly accredited private or public law office or
firm or legal assistance group anytime during the law course for a specific period
that the Board may decide, but not to exceed a total of twelve (12) months. For this
purpose, the Board shall prescribe the necessary guidelines for such accreditation
and the specifications of such internship which shall include the actual work of a new
member of the Bar.
(h) to adopt a system of continuing legal education. For this purpose, the Board may
provide for the mandatory attendance of practicing lawyers in such courses and for
such duration as the Board may deem necessary; and
(i) to perform such other functions and prescribe such rules and regulations
necessary for the attainment of the policies and objectives of this Act.
Section 8. Accreditation of Law Schools. - Educational institutions may not operate a
law school unless accredited by the Board. Accreditation of law schools may be
granted only to educational institutions recognized by the Government.
Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or
downgrade the accreditation status of a law school if it fails to maintain the
standards set for its accreditation status.
Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The
withdrawal or downgrading of accreditation status shall be effetive after the lapse
ofthe semester or trimester following the receipt by the school of the notice of
withdrawal or downgrading unless, in the meantime, the school meets and/or
upgrades the standards or corrects the deficiencies upon which the withdrawal or
downgrading of the accreditation status is based.
Section 11. Legal Education Fund. - There is hereby created a special endowment
fund, to be known as the Legal Education Fund, which shall be under the control of
the Board, and administered as a separate fund by the Social Security System (SSS)
which shall invest the same with due and prudent regard to its solvency, safety and
liquidity.
The Legal Education Fund shall be established out of, and maintained from, the
amounts appropriated pursuant to paragraph 2, Section 13 hereof, and from sixty
percent (60%) of the privilege tax paid by every lawyer effective Fiscal Year 1994;
and from such donations, legacies, grant-in-aid and other forms of contributions
received by the Board for the purposes of this Act.
Being a special endowment fund, only the interests earned on the Legal Education
Fund shall be used exclusively for the purposes of this Act, including support for
faculty development grants, professorial chairs, library improvements and similar
programs for the advancement of law teaching and education in accredited law
schools.
The Fund shall also be used for the operation of the Board. For this purpose, an
amount not exceeding ten percent (10%) of the interest on the Fund shall be
utilized.
The Board, in consultation with the SSS, shall issue the necessary rules and
regulations for the collection, administration and utilization of the Fund.
Section 12. Coverage. - The provisions of this Act shall apply to all schools and
colleges of law which are presently under the supervision of the Department of
Education, Culture and Sports. Hereafter, said supervision shall be transferred to the
Board. Law schools and colleges which shall be established following the approval of
this Act shall likewise be covered.
Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is
hereby authorized to be charged against the current year's appropriation of the
Contingent Fund for the initial expenses of the Board.
To form part of the Legal Education Fund, there shall be appropriated annually,
under the budget of the Department of Education, Culture and Sports, the amount of
Ten Million Pesos (P10,000,000.00) for a period of ten (10) years effective Fiscal Year
1994.
Section 14. Separability Clause. - If any provision of this Act is declared
unconstitutional or the application thereof to any person, circumstance or
transaction is held invalid, the validity of the remaining provisions of this Act and the
applicability of such provisions to other persons, circumstances and transactions
shall not be affected thereby.
Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and
regulations, issuances or parts thereof inconsistent with this Act is hereby repealed
or amended accordingly.
Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the
completion of its publication in the Official Gazette or in any two (2) newspapers of
general circulation.
Approved: 23 December 1993
EN BANC
[ Bar Matter No. 1552-A, March 09, 2010 ]
GUIDELINES ON THE LEGAL APPRENTICESHIP PROGRAM IN THE SUPREME COURT
AND OTHER COLLEGIATE APPELLATE COURTS
RESOLUTION
Acting on the proposal of Associate Justice Arturo D. Brion to allow legal
apprenticeship in the Court and in the appellate courts, the Court resolved to
APPROVE the following Guidelines on the Legal Apprenticeship Program in the
Supreme Court and Other Collegiate Appellate Courts:
GUIDELINES ON THE LEGAL APPRENTICESHIP PROGRAM IN THE SUPREME COURT
AND OTHER COLLEGIATE
APPELLATE COURTS
1. The Program. The apprenticeship of 4 year law students shall be referred to
as Legal Apprenticeship Program. The law students undergoing the legal
apprenticeship program shall be addressed as students-at-law.
2. Objectives. The program aims to acquaint the students-at-law with (a) the
review and other processes of the court to which they are assigned; (b) the ethical
standards in the administration of justice; and (c) the hands-on-training on legal
research and writing.
3. Duration. The program shall be conducted during the regular summer
school break in April and May under a schedule that would allow the students-at-law
to work for at least 160 hours.
4. Accreditation of Law Schools. The program shall be open only to incoming
4th year law students from the law schools included in the list approved by the
Chief Justice or by the Presiding Justice (hereinafter referred to as "accredited law
schools"). Request for school accreditation shall commence upon approval of this
resolution and shall end on March 31, 2010. For this pilot phase of the program,
preference shall be given to Metro Manila-based law schools.
5. Application Requirements. Qualified students may file their
applications: (1) with the Office of the Chief Justice, for Supreme Court
applications; (2) with the Presiding Justice, for collegiate appellate court
applications; or (3) directly with the intended supervising Justice. All applicants
are required to submit a written application for the Legal Apprenticeship Program, a
copy of their curriculum vitae, a recommendation and/or endorsement from the
dean of their law school, and proof that their law school is an accredited law school.
6. Number of Apprentices per Justice. Every Justice of the Supreme Court
and of the collegiate appellate courts shall be allowed a maximum of two (2)
students-at-law from any of the accredited law schools.
7. Supervision. The student-at-law shall be under the direct supervision of
the participating Justice, and not of the latter's legal or administrative staff.
8. Workplace and Working Hours. Students-at-law shall work at the individual
Justice's office premises only during regular office hours and shall not be allowed
access to these premises after office hours, except with the express authority of the
supervising Justice and only under conditions the Justice may impose.
9. Access to Records. Students-at-law may be granted access to rollos and
other court records subject to the following rules:
Students-at-law can be allowed access only to specific rollos and other court records
under the express written authority of their supervising Justice;
No rollos or any other court records can be brought outside the premises of the
supervising Justice's office;
Copying or reproduction of files shall be with the express authority of the supervising
Justice, and in no case shall the copied materials be brought outside court premises
or shown to outside parties;
Drafts and research materials shall be submitted directly to the supervising Justice
and shall not be shown or transmitted to outside parties before and after
completion of the program.
10. Access to Court Library. Students-at-law may borrow books and other
materials from the court library under conditions that the library shall impose, and
shall be required to submit a library clearance before any report of completion of
the program can be issued to their respective law schools. The students-at-law
shall replace or pay for the cost of any book or library material that he or she may
fail to return to the library.
11. Code of Conduct. In the implementation of the program, the supervising
Justice and the student-at-law shall respectively observe and be bound by the Code
of Conduct for the Court Personnel and the Code of Judicial Conduct for the
Philippine Judiciary.
12. Confidentiality. The students-at-law shall be bound by the rule on
confidentiality applicable to court employees.
13. Assessment and Monitoring. The supervising Justice shall monitor and
assess the progress of the student-at-law during the program. At the end of the
program, the supervising Justice shall prepare and issue a final rating on and
assessment of the student-at-law's performance in accordance with the rating
system of his or her law school. The supervising Justice shall submit the final rating
to the Office of the Chief Justice or to the Office of the Presiding Justice, as the case
may be, with a copy to the student-at-law.
14. Accountability and Turn Over of Records. The students-at-law shall be
accountable for and shall turnover all the office records and materials entrusted to
their custody during the program-including electronic files in their possession
involving their work under the legal apprenticeship program - as a condition for the
grant of the supervising Justice's final rating report.
15. Sanctions and Penalties. Noncompliance with the security, confidentiality
and ethical rules shall be under pain of administrative and penal sanctions, as the
law may provide and as the Supreme Court may impose. In the appropriate cases,
the sanctions may include disqualification from taking the Barexaminations. Any
Court-imposed sanction shall be without prejudice to the sanctions that the law
schools may impose.
16. Explanation of Guidelines. These rules and the operations of these guidelines
shall be explained to every student-at-law at the start of the program.
17. Allowances. Subject to the availability of funds, the student-at-law shall receive a
modest allowance during the period of legal apprenticeship, as determined by the
Chief Justice or by the Presiding Justice. The Presiding Justice shall endeavor to
coordinate with the Chief Justice to achieve uniformity of allowances across the
different appellate courts.
This Resolution supersedes Memorandum Circular No. 5-2003 dated June 25, 2003 to
the extent that it is in conflict with these Guidelines, and shall take effect
immediately.
March 9, 2010
(Sgd.) REYNATO S. PUNO
Chief Justice