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RR 138 Reviewer
RR 138 Reviewer
What is Revised Rule 138-A or the Revised Law Student Practice Rule?
A.M. No. 19-03-24-SC, Rule 138-A Law Student Practice, otherwise known as the Revised Law
Student Practice Rule has been adopted and promulgated by the Supreme Court en banc on June
25, 2019.
It is where a law student must be certified to be able to engage in the limited practice of law which
provides the law students the opportunity for practical learning that will enable them to learn the
law and make them practice-ready while serving the community.
The Revised Rule covers the limited practice of law by students certified under the Clinical
Legal Education Program (CLEP) of the law school. Examples of law practice allowed are:
1. Appearances;
2. Drafting and submission of pleadings and documents before trial and appellate courts
and quasi-judicial and administrative bodies;
3. Assistance in mediation, legal counselling and advice; and
4. Other activities that are be covered by the Clinical Legal Education Program (CLEP) of the
law school.
5.
What is Clinical Legal Education Program (CLEP)?
CLEP is an experiential, interactive and reflective credit-earning teaching course with the
objectives 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, especially to the marginalized, while inculcating in the students the values of ethical
lawyering and public service. It can be undertaken either through law clinic or externship.
What may be submitted as proof to show compliance of the CLEP requirement to take the
2023 Bar Exams?
The Transcript of Records (TOR) must reflect the CLEP courses completed, as a stand-alone
course or otherwise. In the interim, while the law curriculum is undergoing revision, if CLEP is
integrated or embedded in certain courses, the TOR must also reflect the same.
The Revised Rule requires that law students, before engaging in the limited practice of law
via the Clinical Legal Education Program (CLEP), must first apply for and secure the
following:
1. Level 1 Certification for those who have completed the 1st year law courses; and/or
2. Level 2 Certification for those who are currently enrolled for the second semester of their
3rd year law courses. However, if the student fails to complete all their third-year law
courses, the Level 2 certification shall be deemed automatically revoked.
Note: Level 1 Certification is not a prerequisite for Level 2 Certification. Law schools can opt to
have CLEP only under Level 1, or only under Level 2, or both.
Subject to the supervision and approval of a supervising lawyer, a certified law student
practitioner may:
The law students 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, will then submit the forms to the Office of
the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where
the law school is located, with an endorsement under oath.
Where shall applications be submitted and approved?
For both Level 1 and 2 Certifications, applications shall be submitted to the Office of the Executive
Judge of the Regional Trial Court having jurisdiction over the territory where the law school is
located as well as the RTC Executive Judge has the authority to approve the same.
Upon proper coordination with the law school and the Office of the Executive Judge, a Law
Student Practitioner may take the oath as soon as a certificate is issued but before performing
any of the activities allowed in the Student Practice Rule.
Externships are activities involving public service which are held outside of law school campus.
This may be done in courts, IBP offices, government offices and law school recognized NGOs,
except private law offices. Law students can still do externship in the private law offices but the
same will not be credited under the Program.
A Supervising Lawyer should personally appear with the Law Student Practitioner in all cases
pending before the second-level courts, whenever his presence is required by the judge in first-
level courts and in all other cases when the Supervising Lawyer determines that his or her
presence is required. In all activities undertaken by the Law Student Practitioner, a review by the
supervising lawyer of the work done by the student is mandatory.
Yes. Law student practitioners shall only be allowed to practice law within the region of the
Executive Judge who issued their certification.
For MSU-Iligan Extension Campus enrolled LSPs, they shall apply for a certification with the
Executive Judge of the RTC of Iligan City, and upon issuance of said certification, the law student
practitioners may perform the allowable activities based on the certification issued within the
Region only.
What happens when the Law Student Practitioner performed unauthorized practice of
law?
Unauthorized practice of law shall be a ground for revocation of the Law Student Practitioner’s
Certification and/or disqualification for the law student from taking the bar examination for a
period to be determined by the Supreme Court.