The amendment to Rule 138-A was borne out of the recognition of the reality that the sheer number of vulnerable Filipinos is staggering and the legal aid needs of the marginalized, is overwhelming. The law schools can very well provide legal services to the underserved. On the other hand, law students learn many of the important lawyering skills only by the actual application of their learning in the classroom and through interactions with actual clients. Thus, affording the law students the opportunity for experiential learning will enable them to learn the law and make them practice- ready, while serving the community.

 

The practice of law of Student Practitioners is subject to the limitations provided under Rule 138-A.

The limitations are based on the conditions imposed by the Rule, area of practice, and the conditions for certification level.

No. Externships are activities are held outside of law school campus whereas Internships are activities done in the law school’s clinic.

Externships 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.

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.

Yes, it is a stand alone course. However, and in the interim that the law school curriculum is undergoing revision, existing courses may be credited as compliance with the CLEP, e.g. Practice Court, Legal Counselling and Social Responsibility, Summer Apprenticeship Program.

For JD Non-thesis, examples of courses that may be replaced are Legal Counselling and Social Responsibility, Practice Court I or Practicum. For JD With Thesis, Practice Court I and II and Summer Apprenticeship.

For both JD Non-thesis and JD with Thesis, CLEP may be embedded in Natural Resources and Environmental Law, Human Rights Law, Agrarian Law and Social Legislation, Legal Forms, and in Remedial Law courses such as Civil Procedure, Criminal Procedure and Special Proceedings.

No. Unlike Practice Court or Trial Techniques, CLEP may be done in a law clinic or in an externship, and it has two components: clinic and classroom.

No. 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.

Essentially, CLEP involves experiential learning. Thus, CLEP has two components: a clinic and a classroom. The clinic is where practical skills and experiences are acquired, while the classroom component is where application of legal theories and techniques is taught and the practical experiences acquired whether in externship or the law clinics are shared, processed, and documented.

Yes, 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.

Yes. However, in the interim, existing law school facilities may be used to perform the basic functions and deliver the basic services of a law clinic

No. The student must have successfully completed all the first year courses offered by the law school.

Those who meet the qualifications under Section 3 of Rule 138-A. Law students who have successfully completed their first-year law courses can apply for the level 1 certification.

Those who meet the qualifications under Section 3 of Rule 138-A and have successfully completed all the courses required during the first, second, and third-year law courses of the law school.

Thus, the law school must see to it that the student is enrolled in all courses required in the second semester of the third year, and the Certification will be used only upon completion of all the requisite courses. In this regard, it is advisable for the Level 2 Certification to be applied for towards the end of the second semester.

As soon as one obtains the Level 2 certification and is enrolled in the CLEP Course.

If the student fails to successfully complete all of the first, second and third year courses, the level 2 certification is automatically revoked.

No. A law school may offer CLEP only under Level 1 Certification, only under Level 2 Certification, or both.

The certification shall be valid until the student has completed the required number of courses in the clinical legal education program unless sooner revoked for grounds stated under the rule.

No. A Law Student Practitioner may engage in any one of the practice areas enumerated.

The term “negotiate for and on behalf of the client” is to be understood in its generic sense. The ultimate objective is to develop skills for alternative dispute resolution.

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.

While some CLEP activities are done in courts, there are CLEP activities that may be done after office hours and during weekends, such as but not limited to public education and advocacy, client interviewing and drafting of affidavits and the like.

No. The law student practitioner shall only be allowed to practice law within the region of the Executive Judge who issued the

certification.

For example, a law student practitioner enrolled in University of the Philippines – Diliman shall apply for a certification with the Executive Judge of the Regional Trial Court of Quezon City, and upon issuance of said certification, the law student practitioner may perform the allowable activities based on the certification issued within the National Capital Judicial Region only.

The fee for the certification is Two Hundred Pesos (P200.00) as provided under Rule 141, Section 21 (l) as amended.

For both 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.

For certification level 1, it is the Executive judge of the RTC having jurisdiction where the law school is located who has the authority to approve and issue the said certification.

None. They have the same duties and obligations under the Code of Professional Responsibility.

No. The law student practitioner must sign using his/her name as appearing in the school records and in the Certificate. He/She must also cite his/her Certification Number in every pleading or motion filed.

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.

No, to ensure that the Executive Judge has control over the issuance of the certification.

In the interim that the law curriculum is being revised, the existing prescribed two (2) CLEP units by LEB may be adopted, as provided under LEB Memorandum Order No. 1, Series of 2011.

The law school should shoulder the expense. It may source the funds for its Program from tuition fees and/or grants. Nothing, however, prevents the law school from asking clients to defray the actual expenses related to the handling of the case such as filing fees, TSN, mailing expenses, or those expenses not relating to the operation of the Program itself.

Yes. A law school, however, may designate any of the current members of its faculty as CLEP director or program head.

The endorsement of the law dean serves as the certification of the law school that the student applicant possesses good moral character. Nothing, however, prevents the law dean from requiring the student applicant of proof of good moral character as a precondition for endorsement.

Since CLEP is mandatory in all law schools, law clinics need not obtain any accreditation.

None. However, the law school in the exercise of its academic freedom may impose additional qualifications for its supervising lawyers.

Yes, as long as he/ she can competently supervise and there is no conflict of interest.

A Supervising Lawyer may handle as many Law Student Practitioners as s/he can competently supervise.

A Supervising Lawyer assumes personal professional responsibility for any work performed by Law Student Practitioners under his/ her supervision, in accordance with the Code of Professional Responsibility, pertinent laws, and jurisprudence.

A podium law professor teaches substantive and procedural law, while a clinical law professor teaches practical skills and processes the practical experiences acquired by the law student practitioners in externship or in the law clinics.

He must undergo a specialized training on pedagogy and experiential learning.

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.

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.