Frequently Asked Questions

Challenges in Establishing CLEP

FUNDING FOR LAW CLINICS

  • 1 . Can a law school get donations from the LGUs or private sectors (like local businessmen, Chambers of Commerce, etc.) to fund activities of its law clinic?

    Yes, donations may be accepted. What is prohibited under the Rules is the acceptance of payment for legal services rendered.

    ——–

    In relation to FAQs # 12 re: Sec. 2 of the Rule 138 – A

    (I)n the interim, existing law school facilities may be

    used to perform the basic functions and deliver the basic services of a law clinic.

  • 2. Can the law clinic ask forrefund of expenses for reproduction and mailing?
    Yes, out-of-pocket expenses such as filing fees, reproduction and mailing expenses are reimbursible from the client.

  • 3. In case CLEP will become a 2-unit stand alone subject, how are we going to pay the clinical faculty (CF) and the supervising lawyers (SL)? Will they divide the fees for that subject, or do we need to charge another fee aside from the unit fees?
    This will be based on the discretion of the law school. Some opt for a team teaching method so that both SL and CF will be paid for the 2-unit course; others, divide the fee.
    ——–
    Refer also to LEBMO No. 23 Series of 2020 (Guidelines for the Integration of Clinical Legal Education in the Basic Law Curriculum).Law schools are authorized by LEB to charge additional fees for CLEP, provided they submit an application to charge said fee from LEB.  On the other hand, there are law schools which earmark a portion of their tuition fees for CLEP.

HIRING OF SUPERVISING LAWYERS

  • 1. May one lawyer be a supervising lawyer, not for only one law school, but for several law schools?
    Yes, a lawyer may be a supervising lawyer in several law schools provided that he can competently supervise the law student practitioners.

CLEP FOR WORKING STUDENTS

  • 1. We have several students working in the government. Considering the issue on conflict of interest, they might have issues regarding compliance with CLEP. Also, if they were to sign pleadings, especially those working in the Judiciary, do they have to secure authority to engage in limited "law student practice" from SC or the EJ?
    No, the certification issued by the EJ as required by the Rule should be sufficient.

    The work done in their respective employment is not practice of law within the purview of CLEP. Otherwise, it will defeat the purpose of CLEP (i.e. provide legal service because Filipinos are underserved; instill pro bono culture and social responsibility)

    Conflict of interest should be addressed by the protocol/rules of procedure of the law clinic.
    ——–

    Please refer to Sec. 2 of the Rule 138 – 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 a l) law clinic or an 2) externship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as well as legal ethics.

  • 2. 85% of our students are working, some work in law offices and courts, can they complete the number of hours in their own offices? What are the rules on externship for law students who are already working in trial courts? Will their hours working in the court be considered?
    No, hours working in court will not be credited to CLEP. CLEP is a law school activity; exercise of profession is different from law practice; hours spent as a student is not the same as hours spent as an employee.

    ——–Please refer to Sec. 2 of the Rule 138 – 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 a l) law clinic or an 2) externship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as well as legal ethics.

    Note: Schools should consider innovative ways to consider concerns of working students (ex. hour-based v. milestone-based assessment); consider profile of students in the needs assessment and designing the program

ELIGIBILITY REQUIREMENTS; CERTIFICATION; EFFECT OF CURRICULUM REVISION

  • 1. Can the student apply for certification even if the law school has not filed or has a pending application for curriculum revision with the LEB?
    Yes, the student may apply for certification/certification remains valid so long as the student is enrolled in a CLEP course.

    CLEP course need not be a stand-alone course, it could also be through integration or substitution. Absence of action from LEB at the time certification was issued does not affect the validity of the latter; Certification will not be affected so long as the student enrolled in a course that is recognized by the LEB as a CLEP course. Recognition from the LEB may be obtained before, during or after the application for certification.

    ——–

    • See LEB Memorandum Order No. 23 s.2020 Re: Guidelines for the Integration of Clinical Legal Education in the Basic Law Curriculum (LEBMO No. 23)
    • Important for Law School Administration:

    Sec. 9 of the Revised Rule 138-A states that it is the duty of the dean or the authorized representative to endorse qualified students as LSP; such endorsement is certification that the applicant is a student enrolled in the CLE course, etc. Students should not be misled that they were enrolled in a CLEP course even if they were not; Making false certifications may subject the dean or authorized representative to sanctions under the Rule (Sec. 13 (b))

  • 2. On the phrase "successfully completed their first year law courses": Does it mean that the student must have passing grades in ALL first year law courses? If a student passed all first year law courses, he or she was enrolled in but not on full load, he or she is not qualified to apply, right? What if the student has a grade of INC or incomplete in one of those first year law courses, is he or she qualified to apply? What if the student is an irregular student and was only able to pass all first year law courses after the first or second semester of his or her second year, is he or she qualified to apply?
    Law school 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 courses; and/or …

    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.

  • 3. Eligibility Requirements; Certification To be able to apply for Level 2 Certification, does the student need to have passing grades for all third year law courses? If yes, is it safe to assume that the student may therefore be an incoming 4th year student? Or is it sufficient that the student is enrolled in the second semester of third year law courses to be able apply for Level 2 Certification notwithstanding probably that he or she has failing marks in other courses in first and second year levels? Is the student required to enroll in ALL third year law courses to qualify? So a student enrolled in the second semester of third year but not on full load of the third year law courses is not qualified, right?
    For purposes of Level 2 (L2) certification application, the law student may do so if he/she is enrolled in the 2nd semester of third year law courses. If L2 certification is approved but law student fails his/her 2nd semester third year law courses, the L2 certification shall be deemed revoked. To be eligible for L2 Certification application, the student must have passed all first and second year law courses.

    ——–

    Sec. 3 Eligibility Requirements of Law Student Practitioners. –

    No law student shall be permitted to engage in any of the activities under the Clinical Legal Education Program of a law school unless the law student has applied for and secured the following certifications:

     …

    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.

  • 4. Student A was granted a Level 1 Certification, then was able to upgrade the same to Level 2 Certification during her junior year. However, she failed a subject, which means her Level 2 Certification shall be revoked. What are her remedies? Will this mean the revival of the validity of her Level 1 Certification or can she just reapply for Level 2 Certification again, subject to the condition that she passes the failed subject?
    The Level 1 Certification will not be revived, however Student A may re-apply for a Level 1 Certification to complete his or her CLEP requirements. Also, he or she may not re-apply for a Level 2 Certification until he or she has passed the failed 3rd year law courses.
    ——–
    Sec. 3 Eligibility Requirements of Law Student Practitioners. –
    No law student shall be permitted to engage in any of the activities under the Clinical Legal Education Program of a law school unless the law student has applied for and secured the following certifications:

     …

    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.

  • 5. Is there a possibility to continue the law student practice beyond the CLEP program? For example, student has already finished the CLEP program but would like to continue the level 1 practice until 3rd year or at least prior to the level 2.
    The validity of the certifications ends/terminates upon completion of the CLEP course. Should the law student wish to continue with the limited practice of law, e.g. as a volunteer to the law clinic, he or she must secure a new certification.
    ——–
    Sec. 3 Eligibility Requirements of Law Student Practitioners. –
    …
    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.

  • 6. Is it possible that law schools will just offer Level 2 Certification for its CLEP during 4th year? In the process, CLEP subjects are spread out in the curriculum. This may possibly save time, other resources and allow students the appropriate/sufficient time to be academically ready for the program.
    Yes. The law school may opt for Level 1 or Level 2 certification only or both. It is desirable, however, that the law school will offer both certifications later so that more students may be certified as law student practitioners.
    ——–
    See Sec. 4 of the Rule re: Practice Areas of Law Student Practitioners for guidance

  • 7. Can a student apply for certification where he/she resides (v. the school’s location) considering that face-to-face is not yet allowed?
    No, certification must be applied with the court having jurisdiction over where the school is located.

    Note: CLEP is offered by the school, not the student.

  • 8. How do we request a schedule for online oathtaking?
    The request for online oathtaking may be attached to the application for certification. This is subject to the availability of the EJ for oathtaking.

  • 9. Can the student apply for certification individually?
    This is not prohibited by the Rule but is discouraged if there are several applicants from the school, for practical reasons.

PRACTICE AREAS; JURISDICTIONAL LIMITATION OF CERTIFICATION

  • 1. Is the jurisdictional limitation stating that the LSP can only engage in activities within the jurisdiction of the EJ who issued the certification applicable both for Certification Levels 1 and 2?
    The jurisdictional limitation as to the practice areas of the law student practitioners applies for both Level 1 and Level 2 Certifications. Hence, leave of court must be secured if a law student practitioner will appear in a court, quasi-judicial or administrative body that is outside the jurisdiction of the EJ of the RTC where the law school is located.

    ——–

    See Sec. 5 of the Rule on Certification Application Requirements

  • 2. In case of appealed cases, aside from the SC, who issues leave of court, the court of origin or the appellate court?
    The appellate court/court/body that is outside the jurisdiction shall issue/grant leave of court.

    ——–

    See Sec. 5 of the Rule on Certification Application Requirements

EFFECTIVITY OF THE RULE; COVERAGE; CERTIFICATIONS V. ACCREDITATION

  • 1. When does the “transition” period end?
    The Rule does not speak of a transition period; it is already in full force and effect as of 1st semester of this academic year.

    From the perspective of the curriculum, transition ends when the model law curriculum has been released for adaptation by law schools (Target: May 2021; for opening of school year in June 2021).——–

    Please refer to Sec. 14 of the Rule re: Effectivity – 

    This rule shall take effect at the start of Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

    Note: The Court has issued a Resolution expressly stating that the implementation of the Rule will continue.

  • 2. I would like to clarify regarding those students who are employed in a law firm and eligible to take the clinic program. What will happen to them if they are not allowed to take the program since CLEP will be a requisite for those students who will take the 2023 BAR exam? Is there any other remedy?
    The requirement applies to all students taking the bar examinations on 2023. The Rule does not state any exemption.

    ——–

    Please refer to Sec. 14 of the Rule re: Effectivity – 

    This rule shall take effect at the start of Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

  • 3. If A is a Fourth Year Student in SY 2020-21, but unfortunately fails some subjects in fourth year and fails again the following year, so that he can graduate only in 2023, is he required to undergo CLEP? When is he going to take up CLEP, if he was not able to take up CLEP previously? SY 2022-23?
    If A will take the bar examinations in 2023 or later, he/she is required to undergo CLEP. He/She may take up CLEP any time prior to taking the 2023 or later bar examinations.

    ——–

    Please refer to Sec. 14 of the Rule re: Effectivity – 

    This rule shall take effect at the start of Academic Year2 020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

  • 4. May interns who have taken in advance their practice court subjects and are currently 4th year law students still appear in court as Legal Aid by applying the old Rule 138-A, or without a certification?
    The interns may no longer appear in court without the certification even if they continue to be volunteers of the law clinics.

    ——–

    Please read in relation to FAQs #11 re: Sec. 2 of the Rule –

    (An existing clinic may continue to operate under CLEP) subject to the compliance of the requirements under the Rule. For instance, the law student needs to secure certification before they can undertake the activities under the Program.

  • 5. Apart from the certifications that law student practitioners need to obtain, are there any application/certification po that the Law School needs to undergo/obtain before operating/ including a CLEP training course in their curriculum?
    Law schools need not apply for accreditation with the Supreme Court. The Rule now requires certification of each LSP.

    ——

    Please read in relation to FAQs #11 re: Sec. 2 of the Rule –

    (An existing clinic may continue to operate under CLEP) subject to the compliance of the requirements under the Rule. For instance, the law student needs to secure certification before they can undertake the activities under the Program.

  • 6. Externships Is a law clinic a prerequisite to having an externship program?
    Yes, an externship program cannot substitute a law clinic. Externship is an additional way to do CLEP, thus CLEP and law clinic should facilitate an externship program. The choice of the law school is to establish a 1) law clinic only, or 2) law clinic and an externship program.

  • 7. In our curriculum, we already have the Summer Apprenticeship (which is actually an externship). Would there not be duplication if we require an externship as compliance with CLE in addition to our existing 4 units of Summer Apprenticeship? Are law schools permitted to use this Summer Apprenticeship as compliance with the CLE?
    No, the externship program must be facilitated by CLEP and a law clinic.

    ——–

    Please refer to Sec. 2 of the Rule –

    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).

    FAQs #3, in relation to Sec. 2 of the Revised Rule 138-A –

    “Private law offices are excluded because the objective of Rule 138-A 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.”

  • 8. Can LSPs enter into externships with law offices and/or private practitioners doing pro bono practice?
    No, the Supreme Court En Banc removed law office from the list of organizations where externships may be undertaken under the Rule.

    ——–

    Please refer to Sec. 2 of the Rule –

    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).

    FAQs #3, in relation to Sec. 2 of the Revised Rule 138-A –

    “Private law offices are excluded because the objective of Rule 138-A 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.”

  • 9. Some offices for internship require us to execute a liability agreement, in case our students commit misconduct in their offices. Is there a way to shield the law school of any liability? Can, we charge a fee to answer for such a liability?
    This is the prerogative of the school. However, please note that the Rule states that any violation of the Code of Professional Responsibility committed by the LSP may subject the school officials to disciplinary action.

    ——–

    See Sec. 13 (b) of the Rule –

    (b) The above provisions notwithstanding, any act constituting a 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.

REQUIREMENTS FOR INDIGENCY

  • 1. Requirements for Indigency Are there requirements that indigent persons need to submit/provide or prove before they may be admitted as clients under this program?
    Requirements for Indigency is still for further discussion in specialized module on Law Clinic Executive Management re: Law Clinic Protocol Manual.

    ——–

    Note: Please read in relation to FAQs #9 re: Sec. 2 of the Rule –

    CLEP may be extended to other clients as long as the rendition of service promotes public service and social justice. Thus, for example, CLEP may be extended to local government units

CURRICULUM

  • 1. Curriculum Is there a minimum number of hours to be completed for the CLEP? If we will opt for stand-alone CLEP, can we divide the number of hours into four, so that we will have CLEPs 1, 2, 3, 4?
    Minimum of 2 hours/units

    ——–

    Please refer to LEBMO No. 23

  • 2. Curriculum If we offer CLEP as an elective in the third year, do we still need to revise our curriculum considering that when we revised it in 2019, we included in the list of our elective subjects CLE based on the LEB Model Law Curriculum?
    No, it cannot be an elective subject. The CLEP course is required for students taking the bar examinations in 2023.

    ——–

    See Sec. 14 of the Rule re: Effectivity – 

    This rule shall take effect at the start of Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

    Please read in rn relation to LEBMO No. 23

PEDAGOGY; TRAINING FOR CLINICIANS

  • 1. Pedagogy; Training for Clinicians Is a formal training still required for someone who has been in litigation and teaching law for years, or is experience sufficient to be qualified as a "clinician?" Where will I undergo such training, and how?
    Yes, formal training is necessary to be a clinician.  The formal training will revolve on clinical pedagogy and methodology as well as current practices on clinical studies.

    ——–

    See Sec. 14 of the Rule re: Effectivity – 

    This rule shall take effect at the start of Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

    Please read in rn relation to LEBMO No. 23

ISSUANCES RELATED TO THE COVID-19 PANDEMIC

  • 1. Issuances related to the COVID19 pandemic ;Are there new issuances or guidelines issued in consideration of the COVID-19 pandemic? ; What are plans to help the law schools to implement the program during the pandemic and for law students to be safe and secured.
    Yes, please refer to the following issuances, among others:

    • OCA Circular 160-2020 re: Proposed Procedure for Issuance of Level 1 and 2 Certifications (in relation to online applications for certifications)
    • A.M. No. 19-03-24-SC re: The Guidelines on the Externship Program of Law Student Practitioners in Court Under Rule 138-A
    • LEB MC No. 56 – COVID-19 Pandemic Guidelines for Law Schools (April 23, 2020)

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