RULE 138-A




Manila EN BANC NOTICE Sir/Mesdames: Please take notice that the Court en bac issued a Resolution dated JANUARY 28, 2026, which reads as follows "A.M No. 19-03-24-SC RE: AMENDMENT OF SECTION 5, RULE 138, IN RELATION TO THE REVISION OF RULE 138-A OF THE RULES OF COURT) RESOLUTION WHEREAS, pursuant to Article VIII, Section 5(5) of the Constitution1, the Supreme Court is empowered to promulgate rules on the protection and enforcement of constitutional rights, pleading, practice, admission to the practice of law, and providing legal assistance to the underprivileged; WHEREAS, acknowledging the need to produce practice-ready lawyers while ensuring access to justice of the marginalized sectors of society, Rule 138-A, otherwise known as the Law Student Practice Rule, was amended in 2019 through the Resolution dated June 25, 2019 in A.M. No. 19-03-24-SC, which institutionalized the Clinical Legal Education Program (CLEP) in all law schools and made it a prerequisite course for the admission to the bar examinations; WHEREAS, building on the access pillar of the Strategic Plan for Judicial Innovations (SPJI) 2022-2027, the Court endeavors to support initiatives strengthening CLEP, in recognition of the significantrole of law schools in providiing additional legal aid to underserved communities; WHEREAS, the Court, through Memorandum Order No. 23-2023, reorganized the Oversight Committee for the Implementation of Rule 138-A or the Revised Law Student Practice Rule, chaired by Senior Associate Justice Marvic M.V.F. Leonen; WHEREAS, on August 9, 2023, members of the Oversight Committee held a meeting to discuss committee activities in relation to the SPJI, and to resolve matters of concern, including the amendment of Rule 138-A, specifically the amendment of the provision concerning the jurisdictional limits for the externship of the law student practitioners, streamlining the process for Level 1 and Level 2 certifications, and improving further the conduct of CLEP nationwide; WHEREAS, on December 15, 2023, members of the Philippine Association of Law Schools proposed amendments to Rule 138-A, particularly (a) the removal of the limitation on territorial jurisdiction; (b) the removal of the payment of legal, filing, and other fees; (c) the express, statement that aside from the application form and endorsement from the law sckool, no other document is necessary to be submitted in support of the application; (d) providing that, for Level 2 Certification, the Office of the Court Administrator shall issue the certification within 15 days from receipt of the recommendation of the executive judge; (e) references to the Code of Professional Responsibility and Accountability; and (f) revision of the Law Student Practitioner's Oath/Affirmation; WHEREAS, on January 10, 2026, a meeting was held to (a) discuss and approve the proposed amendments to the Rules and (b) present the proposal of the Legal Education Board Technical Working Group on CLEP for the conduct of various activities to strengthen the implementation of CLEP nationwide; WHEREAS, taking into consideration the challenges in the implementation of CLEP that should be promptly addressed, and with the recent promulgation of the Code of Professional Responsibility and Accountability, there is a need to make further refinements to the Revised Law Student Practice Rule; NOW, THEREFORE, acting on the recommendation of the chairperson of the Oversight Committee for the Implementation of Rule 138-A or the Revised Law Student Practice Rule, this Court, sitting En Banc, resolves to APPROVE the 2026 Proposed Amendments to Rule 138- A: Law Student Practice. XXX SECTION 5. Certification Application Requirements. - The law student must submit a duly-accomplished application form under oath in three (3) copies. No legal, filing, or any other fees shall be collected in relation to the application. In this regard, Rule 141, Section 21(1) is hereby amended. The law school, through the dean or the authorized representative, shall submit to the Office of the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where the law school is located, the duly-accomplished application form together with an endorsement under oath. No other document shall be required by the executive judge. Level 1 Certification The Executive Judge of the RTC shall evaluate, approve, and issue the certification within ten (10) days from receipt of the application. The Level 1 certification issued under this provision shall be valid before all courts, quasi-judicial, and administrative bodies. Level 2 Certification Within ten (10) days from receipt of the application, the Executive Judge of the RTC shall (a) evaluate the duly accomplished application form together with the endorsement under oath, (b) recommend to the Office of the Court Administrator (OCA) the approval and issuance of the certification, and (c) the OCA shall approve and issue the certification within 15 days from receipt of the recommendation issued by the executive judge. If the Executive Judge finds the application to be incomplete, the law school shall be notified and required to comply with the requirements within five (5) days from receipt of notice The Level 2 certification issued under this provision shall be valid before all courts, quasi-judicial, and administrative bodies. SECTION 6. Duties of Law Student Practitioners. -Acting under a certification, the law student practitioner shall: . . . . (d) Strictly observe the Canons of the Code of Professional Responsibility and Accountability. XXX SECTION 8. Law Student Practitioner's Oath/Affirmation. - A law student who has been issued a certificate under this Rule must, before performing the activities allowed herein, take an oath in the following form: I, (name), having been granted a certificate of law student practice by the Supreme Court under Rule 138-A of the Rules of Court, do solemnly swear (affirm) that I accept the honor, privilege, duty, and responsibility of practicing law in the Philippines as an officer of the Court in the interest of our people. I declare fealty to the Constitution of the Republic of the Philippines. In doing so, I shall work towards promoting the rule of law and a regime of truth, justice, freedom, love, equality, and peace. I shall conscientiously and courageously work for justice, as well as safeguard the rights and meaningful freedoms of all persons, identities and communities. I shall ensure greater and equitable access to justice. I shall do no falsehood nor shall I pervert the law to unjustly favor nor prejudice anyone. I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity, and utmost civility. I impose all these upon myself without mental reservation nor purpose of evasion. [For oaths] So help me, God. (Omit for affirmations) SECTION 9. Duties of Law Schools. - The law school, through its dean or authorized representative must:... (d) Ensure compliance by law student practitioners and supervising lawyers with the Code of Professional Responsibility and Accountability. XXX SECTION 13. Sanctions. - . . . (b) The above provisions notwithstanding, any act constituting a violation of the Code of Professional Responsibility and Accountability shall subject the supervising lawyer, Clinical Legal Education Program head, and/or law school dean to disciplinary action, as the circumstances may warrant. ...." Singh, J., on leave. (21) By authority of the Court: MARIFE M. LOMIBAO-CUEVAS Clerk of Court Footnotes 1 CONST., art. VIII, sec. 5(5) provides: Article VIII (Judicial Department) -- ... SECTION 5. The Supreme Court shall have the following powers:... (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. Ruies of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. The Lawphil Project - Arellano Law Foundation