IMPLEMENTING RULES AND REGULATIONS OF SECTION 5 OF

RULE 138-A OF THE RULES OF COURT, OTHERWISE KNOWN AS

THE LAW STUDENT PRACTICE RULE
Pursuant to Section 5 of Rule 138-A of the Rules of Court,
otherwise known as the Law Student Practice Rule, the following
Implementing Rules and Regulations (IRR) are hereby promulgated:
WHEREAS, the San Beda Legal Aid Bureau, under the auspices of
the Embassy of the United States-Manila and as approved by the Legal
Education Board, organized a convention of legal aid clinics of various law
schools all over the Philippines which was held on 7 May 2015;
WHEREAS, in view of the outcome of the said convention and after
extensive deliberation and consultation, the participating law schools have
arrived at certain recommendations and submitted its Petition to Amend and
Supplement Rule 138-A of the Rules of Court dated 22 June 2015 to the
Supreme Court.
WHEREAS, the said petition was granted and Circular No. 19
pertaining to Rule 138-A of the Rules of Court, otherwise known as the Law
Student Practice Rule, was amended on ____________;
WHEREAS, Section 5 of the amended Rule 138-A mandates the
Committee on Legal Education to formulate the necessary implementing
rules and regulations of the said section;
WHEREAS, it is a declared policy of the State to value the dignity of
every human person and guarantee the rights of every individual particularly
those who cannot afford the services of legal counsel;
WHEREAS, it is likewise a declared policy of the State to guarantee
free legal assistance to the poor and ensure that every person who cannot
afford the services of a counsel is provided with a competent and
independent counsel preferably of his/her own choice upon determination
that the party cannot afford the services of a counsel and that the services of
a counsel are necessary to secure the ends of justice and the protection of the
party;
WHEREAS, the ability of school-based legal aid clinics to contribute
in upholding the aforementioned state policies is hereby recognized;
WHEREAS, among numerous law schools in the Philippines with
school-based legal aid clinics, only a few are accredited by the Supreme
Court because the rest are hamstrung by lack of information on how to apply
for the same;

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WHEREAS, the accreditation of school-based legal aid clinics would

not only be beneficial in advancing the causes of the most disadvantaged
people in our society but would likewise benefit law students as their
theoretical study of the law would be complemented through their
acquisition of a realistic sense of a lawyers professional responsibility to the
public even before becoming lawyers;
WHEREAS, the Supreme Court accreditation of school-based legal
aid clinics is an assurance that in allowing its operation, certain standards
and appropriate objectives have been reasonably applied;
WHEREAS, there is a necessity for a mechanism to monitor and
maintain the organizational proficiency of accredited legal aid clinics in light
of the duties imposed upon by the Code of Professional Responsibility.
WHEREAS, in order to encourage organizational proficiency of
accredited school-based legal aid clinics, the Supreme Court Committee on
Legal Education shall spearhead incentive programs in recognition of their
exemplary performance.
WHEREAS, THEREFORE, BE IT RESOLVED that pursuant to the
above provision of the same law, the following Rules are hereby adopted:
TITLE I
PURPOSE
RULE 1
Purpose
ARTICLE 1. Purpose. These Implementing Rules and Regulations (IRR)
are adopted to prescribe guidelines, procedures, and standards for the
implementation of Section 5 of Rule 138-A of the Rules of Court.
TITLE II
LEGAL AID CLINIC ACCREDITATION
RULE 2
Petition
ARTICLE 2. Who may file the petition for accreditation. Any legal aid
clinic of a law school duly accredited by the Legal Education Board may file
the petition.
ARTICLE 3. Where to file the petition. The verified petition may be filed
with the Committee on Legal Education of the Supreme Court of the
Philippines.

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ARTICLE 4. Form and contents of the petition. The petition for

accreditation shall set forth facts necessary to establish the merits of the
legal aid clinics petition such as, but not limited to, its:
(1) Mission and vision;
(2) List of its members with their corresponding
academic status, which should comprise not less
than fifteen (15) law students;
(3) A detailed activity report of the internal and
external activities conducted; and
(4) A work plan indicating the proposed activities for
at least 1 year from the submission of the petition.
ARTICLE 5. Annexes. The following documents should be annexed to the
petition for accreditation:
(1) The legal aid clinics constitution and bylaws;
(2) A certification from the Legal Education Board
that it is operating under the auspices of a law
school duly accredited by the board pursuant to
Sec. 8 of the Legal Education Reform Act of 1993
(R.A. No. 7662); and
(3) An affidavit by the director of the legal aid clinic
who must be a faculty member of the law school,
setting forth his personality as such, subscribed
and sworn to before any person authorized by law
to administer oath.
ARTICLE 6. Format of the petition. The format and style of the petition
shall be in accordance in accordance with A.M. No. 11-9-4-SC or the
Efficient Use of Paper Rule.
ARTICLE 7. Non-compliance. The Committee on Legal Education shall
not accept the petition unless all requirements and supporting documents are
complied with by the petitioner.
ARTICLE 8. Copies of the petition. The petition and its supporting
documents shall be filed in three (3) copies, and upon acceptance, shall be
distributed as follows:
a)
b)
c)

First copy to the Committee on Legal Education;

Second copy to the Legal Education Board; and
Third copy to the petitioner.

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RULE 3
Accreditation
ARTICLE 9. Resolution of the petition. Upon filing of the petition, the
Committee on Legal Education shall act on the petition within sixty (60)
days. Such period may be extended for not more than thirty (30) days based
only on meritorious grounds.
ARTICLE 10. Failure to act on the petition. In case the Committee on
Legal Education fails to act on the petition within the allowable period, the
said petition shall be deemed denied.
ARTICLE 11. Motion for reconsideration. In case of denial, the petitioner
may file a Motion for Reconsideration within thirty (30) days from the
denial of the petition. In case of failure of the Committee on Legal
Education to act on the petition, the period to file a Motion for
Reconsideration shall be reckoned from the last day of the allowable period
to act on the petition. Failure to file a Motion for Reconsideration within the
allowable period shall make the denial of the petition final.
ARTICLE 12. Denial of motion for reconsideration. In case of denial of
the Motion for Reconsideration, the petitioner may re-file his petition three
(3) months from the said denial.
ARTICLE 13. Approval of the petition. Upon compliance with the
requirements set forth under Rule 2 of this Title, the petition shall be granted
and a Bar Matter accrediting the legal aid clinic shall be released by the
Committee on Legal Education.
RULE 4
Annual Report of Accredited Legal Aid Clinics
ARTICLE 14. Contents of the annual report. An accredited legal aid
clinic shall submit an annual report containing the following:
a)

Activity report. The activity report shall constitute

both internal and external activities conducted by
the accredited legal aid clinic. Per activity
conducted, the details of the report shall include
the background, objective, programme, publicity,
logistics,
result,
challenges
encountered,
assessment, recommendations, and/or a plan of
action in relation to the activity conducted;

b) Financial report. The financial report shall

constitute the accounting and audit of the expenses
incurred by the legal aid clinic for the activities
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conducted, source/s of received finances, and

attachments proving said incurred expenses, such
as, but not limited to, receipts, invoices or
vouchers; and
c) Work plan. The work plan shall constitute the
proposal of activities and expected expenses for
the succeeding academic year of the accredited
legal aid clinic.
ARTICLE 15. Submission of the annual report. The accredited legal aid
clinic shall submit the abovementioned report to the Committee on Legal
Education one (1) month after the end of each academic year.
ARTICLE 16. Failure to submit the annual report. A written explanation
and/or submission of the preceding annual report shall be submitted by the
accredited legal aid clinic which failed to submit the abovementioned report
for two (2) consecutive years or less.
ARTICLE 17. Revocation of accreditation in case of dormancy. Failure of
the accredited legal aid clinic to submit the abovementioned report for three
(3) consecutive years shall automatically render the accredited legal aid
clinic dormant, and shall result to the revocation of its accreditation.
RULE 5
Incentives
ARTICLE 18. Incentives. The Committee on Legal Education shall issue
a resolution in recognition of legal aid clinics which have exemplified
organizational proficiency and exemplary performance.
Likewise, a certificate of appreciation shall be awarded to legal aid
clinics which have launched outstanding and socially relevant activities. The
awarding shall be done annually during the month of May. A maximum of
three (3) legal aid clinics shall be awarded based on the criteria provided by
the Committee.
TITLE II
AMENDMENTS TO THE
IMPLEMENTING RULES AND REGULATIONS
RULE 6
Amendments
ARTICLE 19. Amendments. This Implementing Rules and Regulations
(IRR) may be amended, modified, or supplemented when necessary for
effective implementation and enforcement of Section 5 of Rule 138-A of the
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Rules of Court. The Committee on Legal Education of the Supreme Court of

the Philippines may amend or modify these Rules as may be necessary in
accordance with the laws.
TITLE III
FINAL PROVISIONS
RULE 7
Separability and Effectivity
ARTICLE 20. Separability. If any part or provision of this IRR shall be
declared invalid or unconstitutional, the other parts or provisions hereof
which are not affected thereby, shall continue in full force and effect.
ARTICLE 21. Effectivity. This IRR shall take effect fifteen (15) days after
its complete publication in two (2) newspapers of general circulation.
Manila, 1 July 2015.

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