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Coverage

• Eligibility Requirements
• Level 1 and 2 Certifications
• Practice Areas
• Supervising Lawyer
• Sanctions
• Effectivity
Eligibility Requirements
(Section 3)

No law student shall be permitted to engage in


any of the activities under the Clinical Legal
Education Program of law schools unless the
law student has applied for and secured the
following certifications:
Level 1 certification
For law students who have successfully
completed their first-year law course;
and/or

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.
A Level 1 Certification is
NOT A PRE-REQUISITE
to a Level 2 Certification
Certification Level 1 Application for certification Process Map
Certification Level 2 Application for certification Process Map
OCA Circular 160-2000
Procedure for Issuance of Level 1 and 2 Certifications
(September 24, 2020)

Level 1 Level 2
Step 1: Submission of application form/s with endorsement (personal, private courier or email) to the
Executive Judge
Step 2: Payment of filing fees (RTC-OCC or Landbank)

Step 3: EJ shall evaluate and approve the Step 3: EJ shall evaluate and recommend the
application/s; notify law school of approval and approval of the application/s to the OCA, thru
schedule of oath-taking DCAs/ACAs or notify the law school if
requirements are incomplete
Step 4: EJ shall perform the oath-taking in-court Step 4: DCAs/ACAs shall issue the Level 2
or via videoconference Certification and forward the same to the EJ

Step 5: EJ to issue Level 1 Certification Step 5: EJ shall notify law school of approval and
schedule of oath-taking and perform the oath-
taking
Practice Areas
(Section 4)
Subject to the supervision and
approval of the 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 paper, 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.
EXAMPLE
(under Level 1 Certification)
a. Legal Consultation or Lectures on:
1. Katarungang Pambarangay Law
2. Basic Labor Standards
3. Small Claims Cases, Ejectment
4. Anti-Cyberbullying Law, VAWC, Child
Abuse
5. Ordinances
6. SOGIE Bill
7. Prison Conditions and Management

b. Legal Assistance to LGUs re Ordinances


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 the witnesses;
3. Appear in 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 pleading
required in the case.
Appellate Practice

• Level 2 Certification allows law


student practitioners to file
pleadings before the CA, CTA, SB
and the SC, subject to the limitation
on jurisdiction
• Appearance before the appellate
bodies is subject to leave of court.
Jurisdiction

Law student practitioners shall only be


allowed to practice WITHIN THE REGION
OF THE EXECUTIVE JUDGE who issued
the certification

e.g. A law student practitioner from UP Diliman


who was issued a certification by the EJ of RTC
QC may practice within the NCJR.
Supervising Lawyer
(Section 10)
• A member of the bar in good standing
• “Competent” supervision
• Must appear in court with the law
student practitioner when (1) required
by the Rules; (2) upon Order of the
court; (3) he deems it necessary.
Sanctions
(Section 13)
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 supervisions of the
supervising lawyers
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 this
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.
any act constituting any 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.
Effectivity
(Section 14)
• at the start of Academic Year 2020-2021
following its publication in two (2) newspapers of
general circulation.

• Completion of a clinical legal education program shall


be a requirement for applicants commencing the 2023
Bar Examinations.
Effectivity
(Section 14)
• Prospective application
• Shall not cover
1. Law students who have obtained their
law degrees prior to the effectivity of the
Rule;
2. Graduating students for the AY 2019-
2020;
3. Those who will take the bar
examinations before 2023
Effectivity
(Section 14)
Q: A graduated in 2022 but failed to take the
2022 bar examinations due to meritorious
reasons. Is he required to take the CLEP before
taking the 2023 Bar Examinations?
A: No.
Effectivity
(Section 14)
Q: A was an incoming third year student in
School Year 2020-2021. When he graduates
in 2022, is he required to have CLEP?
A: No.
Effectivity
(Section 14)
Q: A graduated in 2023. Is he required
to take the CLEP before taking the 2023
Bar Examinations?
A: Yes
Effectivity
(Section 14)
Q: For purposes of taking the bar examinations in 2023, what are the
different periods to consider to determine whether CLEP is already
mandatory?
A: There are two periods to consider whether
CLEP is mandatory for purposes of the bar. First
is the year of graduation and second is the year
when the student would take the bar. If he
graduates before 2023, CLEP is not a requirement.
If he graduates in 2023 or afterwards and he takes
2023 bar or subsequent bar examinations, then
CLEP is a requirement to take the bar.
Thank you very much!

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