Sec.

5 (5) Artivle VIII

1987 Constitution
(5) 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. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
 RULE 138
Attorneys and Admission to Bar
• 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.
• Paragraph 2 of Section 5 of Rule 138 of the Rules of Court as
Amended By A.M. 19-03-24-SC, July 22, 2019
What is the reason/s behind the said
amendment?
• Ensure access to justice of the marginalized sectors
• Contribute in the enhancement of skills of law students by instilling in
them the value of legal professional responsibility and to prepare
them for the practice of law.
• Addressed the need to instutionalized clinical legal education program
in all law schools in order to enhance, improve and streamline law
student practice, and regulate their limited practce of law.
Basic Distinction Between Level 1
Certification
1. Minimum Academic Completion of All First Year Law
Requirement (Sec. 3) Courses
2. Practice Areas (Sec 4) Student may:
a. Give legal advise to clients
b. Draft Legal Documents
c. Provide Legal Public
Orientations, among others
Level 2
Students currently enrolled for the
2nd Sem of their 3rd year
*if in any case the student failed to
complete all their third year law
courses, Level 2 Certification shall
be deened automatically revoked
Student may:
a. Perform all activities allowed to
Level 1
b. Assist in Taking of Sworn
Evidence and prepare judicial
affidavits of witnesses
c. Appear on behalf of the client
at any stage of the trial
d. Among other task that are
subject to approval of the
supervising lawyer
Basic Distinction Between Certification
3. Situs of Limited Practice (Sec 5)
4. Approving / Issuing Authority of
Certification
Level 1
Student ay validly practice before:
a. All Courts; quasi-judicial and
administrative bodies within the
judicial region where the law
school is located
Executive Judge of the RTC
i. shall evaluate, approve and issue
certification within ten (10) days
from receipt of the application
Level 2
Student ay validly practice before:
a. All Courts; quasi-judicial and
administrative bodies
Executive Judge of the RTC
i. shall evaluate the application
together with it’s attachments
ii. Recommend to the Office of
the Court Administrator (OCA)
the approval and issuance pf
the certification.
Cruz vs. Mijares
• The Court recognized the right of an individual to represent
himself in any case to which he is a party. The Rules state that
a party may conduct his litigation personally or with the aid of an
attorney, and that his appearance must either be personal or by
a duly authorized member of the Bar. The individual litigant may
personally do everything in the course of proceedings from
commencement to the termination of the litigation.
• Considering that a party personally conducting his litigation is
restricted to the same rules of evidence and procedure as those
qualified to practice law, petitioner, not being a lawyer himself,
runs the risk of falling into the snares and hazards of his own
ignorance.
• Therefore, plaintiff, at his own instance, can personally conduct
the litigation of the civil case he filed. He would then be acting
not as a counsel or lawyer, but as a party exercising his right to
represent himself.
Rule 138-A is different from Sec. 34, Rule 138. The former rule
provides for conditions when a law student may appear in courts,
while the latter rule allows the appearance of a non-lawyer as a
party representing himself.
2. Priviledged Communication
• Application of the Priviledge Communication between attorney and
client as stated in the Canons of Professional Responsibilty.

CANON 15
• Rule 15. 2 Duty to preserve priviledged communication

• Sec. 24-B of Rule 130 the Rules of Court

Disqualification by Reason of Priviledged Communication
3. Standard of Conduct and Supervision
• Required to comply with the standards of professional conduct
governing the members of the bar
-Competent and Capable
• Failure to provide adequate supervision by:
A. Supervising Lawyer
B. Clinial Legal Education Program Head
C. And/Or Law School Dean
-may be a ground for disciplinary action, as the circumstance may
warrant