Rle 138-A Law Student Practice AM No.

19-03-24-SC

I. Rationale of Law Student Practice

Generally, the rationale of Law Student Practice pursuant to the Rule 138-A Law
Student Practice is to promote social justice and public interest, especially to the
marginalized while inculcating in the law students not only the value of ethical lawyering but
also public service. The provisions of Rule 138-A precisely aims 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.
The law student practice ergo aims mainly at developing three sectors– the society,
the legal education system and the aspirants for the law practice or the law students
themselves. Putting into context, it aims to ensure that the Philippine society in particular has
access to justice especially the marginalized sectors. Secondly, it targets the Legal
Education system in enhancing learning opportunities of law students through conformation
to uniform and standardized criteria and processes, instill among law students the value of
legal professional social responsibility, to prepare law students for the practice of law, to
institutionalize clinical legal education program in law schools in order to enhance, improve
and streamline law student practice, and regulate their limited practice of law and 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. Lastly, for the
aspirant of the law practice or the students themselves to gear up to the law practice with
quality practice and education.
In line with the Section 5(5), Article VII of the 1987 Constitution, the Supreme Court
has the power to adopt and promulgate the rules concerning the protection and enforcement
of constitutional rights, pleading, practice and procedure in all courts, the admission to the
practice to the law, the Integrated Bar and legal assistance to the underprivileged.
Technically, the rule provides its coverage to the limited practice of law by
students certified therein. Section 1 provides that 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 counseling and advice, and such
other activities that may be covered by the Clinical legal Education Program of the law
school as provided.
The terms are defined by the Section 2 as follows:

(a) Clinical Legal Education Program 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 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 certified under Section 3 of

this Rule.

(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.

Elaborately, Section 3 defines the Eligibility Requirements of Law Student Practitioners

including its Level 1 and Level 2 certifications. Section 4 on the other hand enumerates the
Practice Areas of Law Student Practitioners stating that the law students are to be subject to the
supervision of and approval of a supervising lawyer likewise the corresponding scope and
limitations as to the functions of Level 1 and 2 Certifications respectively. Section 5 provides the
Certification Application Requirements that the law student must submit and to be duly
accomplished likewise the processes that law schools should undertake in line with the
application requirement and the requisites for Levels 1 and 2 Certifications. Section 7 provides
the allowable functions under the Use of Law Student Practitioner's Name. Section 8 provides
the Law Student Practioner’s Oath/ Affirmation as provided by the Rule 138 A. Section 9
provides the Duties of Law Schools through its dean or authorized representatives. Section 10
provides the Qualifications of Supervising Lawyers wherein it necessitates the supervising
lawyer to be a member of the bar in good standing. Section 11 provides the Duties of the
Supervising Lawyers. Section 12 talks about the Clinical Faculty wherein law schools shall have
such number of faculty members to teach clinical legal education courses as may be necessary
in line with this Rule. Section 13 provides the grounds on what constitutes unauthorized practice
of law by a certified law student practitioner with its corresponding Sanctions. It is crucial to note
that unauthorized practice of law shall be grounds 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. The last section, Section 14, states the Effectivity of
the Rule which states that it shall take effect at the start of Academic Year 2020-2021 following
its publication in 2 newspapers of general circulation. The formats and other templates in line
with the Application for Level 1 and 2 Certification as well as Indorsement from both the law
schools and trial courts are already providedRule 138-A Law Student Practice AM No. 19-03-
24-SC.

II. Salient Amendment in line with the Rule 138 A

 Requirement Rule 138 Rule 138 A AM. No, 19-03-
24

Year of Law Student a Third Year Law Students 1. Second year law
students
2. Third year law
students who are in
their second
semester

Certification No Certification required With certification

III. Privileged Communication

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

IV. Standard of Conduct and Supervision

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

ABANGAN, KRISTIANNE MARIE

RIZON, KRISTINA MARIE N.