Law Student Rule

Problem Areas in Legal Ethics

Arellano University School of Law –
Arellano Law Foundation
2019-2020

RULE 138-A
LAW STUDENT PRACTICE RULE
SC Circular No. 19, prom. Dec. 19, 1986
SECTION 1. Conditions for Student Practice. — A law student who has successfully completed his
3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law
school's clinical legal education program approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case before any trial court, tribunal, board
or officer, to present any indigent clients accepted by the legal clinic of the law school.

…LAW STUDENT PRACTICE RULE

Sec. 2. Appearance. — The appearance of the law student authorized by this rule, shall be under
the direct supervision and control of a member of the Integrated Bar of the Philippines duly
accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers
to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic.

The phrase "direct supervision and control" requires no less than the physical presence of the
supervising lawyer during the hearing.

…LAW STUDENT PRACTICE RULE

Sec. 3. Privileged communications. — The Rules safeguarding privileged communications
between attorney and client shall apply to similar communications made to or received by the law
student, acting for the legal clinic.

…LAW STUDENT PRACTICE RULE

Sec. 4. Standards of conduct and supervision. — The law student shall comply with the standards
of professional conduct governing members of the Bar. Failure of an attorney to provide adequate
supervision of student practice may be a ground for disciplinary action.

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 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;
…….

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  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.
June 25, 2019, Manila, Philippines.

…….
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 know ledge,
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 al) 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 certifiedunder 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 underthe 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;
(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.

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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, 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 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.

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 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.

Rule 138 (RRC) Sec. 34

 Rule 138 (RRC) Sec. 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 that purpose, or with the aid of 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.

Rule 138 section 34 does not apply in cases before the RTC
The Rules are clear. In municipal courts, the litigant may be assisted by a friend, agent, or an
attorney. However, in cases before the regional trial court, the litigant must be aided by a duly
authorized member of the bar. The rule invoked by the Torcinos applies only to cases filed with

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the regional trial court and not to cases before a municipal court. - Bulacan v. Torcino, G.R. No. L-
44388 January 30, 1985

But for the protection of the parties and in the interest of justice, the requirement for appearances
in regional trial courts and higher courts is more stringent. – Bulacan v. Torcino, G.R. No. L-44388
January 30, 1985

Reconciling the 2 rules

There is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A. In the
former, the appearance of a non-lawyer, as an agent or friend of a party litigant, is expressly
allowed, while the latter rule provides for conditions when a law student, not as an agent or a
friend of a party litigant, may appear before the courts. - Cruz v. Mina GR no. 154207 April 27,
2007

The phrase“In the court of a justice of the peace”means:

The phrase “In the court of a justice of the peace” in Bar Matter No. 730 is subsequently changed
to “In the court of a municipality” as it now appears in Section 34 of Rule 138, thus:
SEC. 34. By whom litigation is conducted. — In the Court of a municipality a party may conduct
his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or
with the aid of 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. - Cruz v. Mina GR no. 154207 April 27, 2007

The term "Municipal Trial Courts" as used in these Rules shall include:
1. Metropolitan Trial Courts,
2. Municipal Trial Courts in Cities,
3. Municipal Trial Courts, and
4. Municipal Circuit Trial Courts.
- Cruz v. Mina GR no. 154207 April 27, 2007

BAR MATTER NO.730

June 13, 1997
 For the guidance of the bench and bar, we hold that a law student appearing before the
Regional Trial Court under Rule 138-A should at all times be accompanied by a supervising
lawyer.
 Law student can appear without supervision of a lawyer
 The rule, however, is different if the law student appears before an inferior court, where
the issues and procedure are relatively simple. In inferior courts, a law student may appear
in his personal capacity without the supervision of a lawyer.

 Thus, a law student may appear before an inferior court as an agent or friend of a party
without the supervision of a member of the bar.

Caution when one act as his own attorney

This provision means that in a litigation, parties may personally do everything during its progress
-- from its commencement to its termination. When they, however, act as their own attorneys,
they are restricted to the same rules of evidence and procedure as those qualified to practice law;
otherwise, ignorance would be unjustifiably rewarded. Individuals have long been permitted to

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manage, prosecute and defend their own actions; and when they do so, they are not considered to
be in the practice of law. "One does not practice law by acting for himself any more than he
practices medicine by rendering first aid to himself.“ – Maderada v. Judge Mediodea, A.M. No.
MTJ-02-1459. October 14, 2003

Appearing as his own attorney is not “practice of law”

Clearly, in appearing for herself, complainant was not customarily or habitually holding herself
out to the public as a lawyer. Neither was she demanding payment for such services. Hence, she
cannot be said to be in the practice of law. - Maderada v. Judge Mediodea, A.M. No. MTJ-02-1459.
October 14, 2003

The law allows persons who are not lawyers by profession to litigate their own case in court. The
right of complainant to litigate her case personally cannot be taken away from her. - Maderada v.
Judge Mediodea, A.M. No. MTJ-02-1459. October 14, 2003

UNAUTHORIZED PRACTICE OF LAW

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE
UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task
which by law may only be performed by a member of the bar in good standing.

Threefold rationale behind the Law Student Practice Rule

1. to ensure that there will be no miscarriage of justice as a result of incompetence or inexperience
of law students, who, not having as yet passed the test of professional competence, are
presumably not fully equipped to act a counsels on their own;
2. to provide a mechanism by which the accredited law school clinic may be able to protect itself
from any potential vicarious liability arising from some culpable action by their law students; and
3. to ensure consistency with the fundamental principle that no person is allowed to practice a
particular profession without possessing the qualifications, particularly a license, as required by
law.

Presiding judge has no discretion

The matter of allowing a law student to appear before the court unaccompanied by a supervising
lawyer cannot be left to the discretion of the presiding judge. The rule clearly states that the
appearance of the law student shall be under the direct control and supervision of a member of
the Integrated Bar of the Philippines duly accredited by law schools. The rule must be strictly
construed because public policy demands that legal work should be entrusted only to those who
possess tested qualifications, are sworn to observe the rules and ethics of the legal profession and
subject to judicial disciplinary control. - BAR MATTER NO. 730 June 13, 1997

Appearance of a law student in inferior courts does not require supervision of lawyer
 For relatively simple litigation before municipal courts, the Rules still allow a more
educated or capable person in behalf of a litigant who cannot get a lawyer. - Bulacan v.
Torcino, G.R. No. L-44388 January 30, 1985
 The rule, however, is different if the law student appears before an inferior court, where
the issues and procedure are relatively simple. In inferior courts, a law student may appear

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 in his personal capacity without the supervision of a lawyer. - BAR MATTER NO. 730 June
13, 1997
 A law student may appear before an inferior court as an agent or friend of a party without
the supervision of a member of the bar. - BAR MATTER NO. 730 June 13, 1997

The respondent alleges that the complaint is irregular as it was signed not by the plaintiff
but by one who was not a member of the bar and who designated himself merely as
"Friend counsel for the Plaintiff." The appellants argue that the municipal court did not
acquire jurisdiction over the case.
They invoke Section 5, Rule 7 which states that [SEC. 5. Signature and address] [e]very pleading of
a party represented by an attorney shall be signed by at least one attorney of record in his
individual name, whose address shall be stated. A party who is not represented by an attorney
shall sign his pleading and state his address.

DECIDE.

Held:
Under the facts of this case, however, the applicable provision is Section 34, Rule 138 of the Rules
of Court which states:
SEC. 34. By whom litigation is conducted. In the Court of a municipality a party may conduct his
litigation in person with the aid of an agent or friend appointed by him for that purpose, or with
the aid of 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.
- Bulacan v. Torcino, G.R. No. L-44388 January 30, 1985

Supervising lawyer should be the one to sign the pleadings

Rule 7 (RRC) Section 3. Signature and address. — Every pleading must be signed by the party or
counsel representing him, stating in either case his address which should not be a post office box.

Signing amounts to certification of lawyer

Rule 7 (RRC) Section 3. xxx The signature of counsel constitutes a certificate by him that he has
read the pleading; that to the best of his knowledge, information, and belief there is good ground
to support it; and that it is not interposed for delay.

Effect of unsigned pleadings

Rule 7 (RRC) Section 3. An unsigned pleading produces no legal effect. However, the court may,
in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to
mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned
pleading,xxx, shall be subject to appropriate disciplinary action.

Can a third year law student appear as private prosecutor in a criminal case and within
the jurisdiction of the inferior court?
 The petitioner, describing himself as a third year law student, justifies his appearance as
private prosecutor on the bases of Section 34 of Rule 138 of the Rules of Court.

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  The petitioner furthermore avers that his appearance was with the prior conformity of the
public prosecutor and a written authority of Mariano Cruz appointing him to be his agent
in the prosecution of the said criminal case.
 The MeTC denied permission for petitioner to appear as private prosecutor on the ground
that Circular No. 19 (1997) governing limited law student practice in conjunction with Rule
138-A of the Rules of Court (Law Student Practice Rule) should take precedence over the
ruling of the Court laid down in Cantimbuhan (1983).

Held:
 Petitioner expressly anchored his appearance on Section 34 of Rule 138. The court a quo
must have been confused by the fact that petitioner referred to himself as a law student in
his entry of appearance. Rule 138-A should not have been used by the courts a quo in
denying permission to act as private prosecutor against petitioner for the simple reason
that Rule 138-A is not the basis for the petitioner’s appearance.
 Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is
allowed, irrespective of whether or not he is a law student. As succinctly clarified in Bar
Matter No. 730, by virtue of Section 34, Rule 138, a law student may appear, as an agent or
a friend of a party litigant, without the supervision of a lawyer before inferior courts. -
Cruz v. Mina GR no. 154207 April 27, 2007

Fiscal’s role when there is a private prosecutor

The permission of the fiscal is not necessary for one to enter his appearance as private prosecutor.
In the first place, the law does not impose this condition. What the fiscal can do, if he wants to
handle the case personally is to disallow the private prosecutor's participation, whether he be a
lawyer or not, in the trial of the case. On the other hand, if the fiscal desires the active
participation of the private prosecutor, he can just manifest to the court that the private
prosecutor, with its approval, will conduct the prosecution of the case under his supervision and
control. – Cantimbuhan v. Hon. Cruz, Jr., G.R. No. L-51813-14 November 29, 1983

Sections 4 and 15, Rule 110 of the Rules of Court

SEC. 4. Who must prosecute criminal actions. — All criminal actions either commenced by
complaint or by information shall be prosecuted under the direction and control of the fiscal.
xxx xxxxxx
SEC. 15. Intervention of the offended party in criminal action. — Unless the offended party has
waived the civil action or expressly reserved the right to institute it separately from the criminal
action, and subject to the provisions of section 4 hereof, he may intervene, personally or by
attorney, in the prosecution of the offense.

Thanks for your listening!