Re: Amendment of Section 5, Rule 138, in Relation to the Revision of Rule 138-A of the Rules of Court

November 29, 2022

EN BANC

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

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated NOVEMBER 29, 2022, 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). — The Court Resolved to NOTE the:

(a) Memorandum dated October 28, 2022 of Atty. Amor P. Entila, Officer-in-Charge, Office of the Bar Confidant, submitting the proposed Guidelines Re: Clinical Legal Education Program (CLEP) Requirement for the 2023 Bar Examinations, in compliance with the resolution dated October 4, 2022; and

(b) Letter dated November 15, 2022 of Associate Justice Ramon Paul L. Hernando, Chairperson, 2023 Bar Examinations, suggesting revisions to the proposed Guidelines.

Taking into consideration the foregoing, the Court Resolved to APPROVE the Guidelines Re: Clinical Legal Education Program (CLEP) Requirement for the 2023 Bar Examinations as revised, incorporating the suggestions made by Justice Hernando." Dimaampao, J., on official leave. Marquez, J., on official business. (adv73)

By authority of the Court:

(SGD.) MARIFE M. LOMIBAO-CUEVASClerk of Court

ATTACHMENT

Office of the Bar Confidant

Re: Clinical Legal Education Program (CLEP)

WHEREAS, Section 5 (5), Article VIII of the 1987 Constitution provides that the Supreme Court has the power to adopt and 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;

WHEREAS, the Court has approved the proposed Rule 138-A on Law Student Practice and on 23 July 2019 the Supreme Court, En Banc adopted and amended the following provisions of Rule 138-A, or the Law Student Practice Rule as well as amendment of Section 5, Rule 138, to read:

RULE 138 ATTORNEYS AND ADMISSION TO THE BAR

SEC. 5. Additional requirements for other applicants. —All applicants for admission other than those referred to in the two preceding sections, shall before being admitted to the examination, satisfactorily show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been granted.

No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar examination unless he or she has satisfactorily completed the following course 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, legal ethics and clinical legal education program (Emphasis and Underscoring Supplied).

A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government. (As amended by B.M. No. 1153, March 09, 2010)

This amendment shall apply to the bar examination applicants commencing the 2023 bar examinations.

WHEREAS, pursuant to the Resolution dated 04 October 2022, the Court directed the Office of the Bar Confidant (OBC) for the issuance of relevant guidelines clarifying the CLEP requirement for purposes of taking the 2023 Bar examinations.

NOW THEREFORE, the Office of the Bar Confidant hereby proposes the following guidelines:

PROPOSED GUIDELINES RE: CLINICAL LEGAL EDUCATION PROGRAM (CLEP) REQUIREMENT FOR THE 2023 BAR EXAMINATIONS

1. Coverage. The foregoing guidelines shall be applicable to applicants taking the 2023 Bar examinations, who completed their law degree in the year 2023.

The Guidelines shall NOT apply to the following applicants:

(i) Those who obtained their law degree prior to the year 2023 and are taking the Bar examinations for the first time;

(ii) Re-takers; 1

(iii) Re-applicants; 2 and

(iv) Filipino citizens who graduated from a foreign law school.

2. Documentary Requirements. In order to comply with the CLEP requirement, Filipino citizens who obtained their law degree in the Philippines must submit the following in both digital and hard copies, and strictly within the periods determined by the Supreme Court through Bar Bulletins and other relevant issuances:

a. CLEP as Stand-alone Course

(i) Certification from the School Registrar or College Secretary and duly noted by the law school Dean or Vice Dean that the applicant has satisfactorily secured or is in the process of completing a Level 1 or 2 certification or both (see Annex A);

(ii) Transcript of Records (TOR) which must reflect the CLEP course/(s) completed; and

(iii) Original or Certified True Copy (CTC) of the Level 1 or 2 Certification or both.

b. CLEP as Integrated Course3

(i) Certification from the School Registrar or College Secretary and duly noted by the law school Dean or Vice Dean that the applicant has satisfactorily secured or is in the process of completing a Level 1 or 2 certification or both (see Annex A);

(ii) TOR which must reflect the CLEP course/(s) as integrated or embedded in certain, existing courses of the school's curriculum; and

(iii) Original or CTC of the Level 1 or 2 Certification or both.

3. Reportorial Requirements. The law school, through its Dean or Vice Dean or College Secretary, must submit within thirty (30) days from the last day of the 2023 Bar examinations or on 24 October 2023, to the OBC, in digital and hard copies, a notarized Certification (see Annex B) signed by (a) the law school Dean or Vice Dean, and (b) the School Registrar or College Secretary containing the list of applicants with the following details, strictly within the periods determined by the Supreme Court through Bar Bulletins and other relevant issuances:

(i) Applicants' name;

(ii) CLEP Certification Number; and

(iii) CLEP Level taken.

4. Effectivity. These guidelines shall take effect immediately upon the approval of the Court, En Banc.

ANNEX A

(LETTERHEAD OF LAW SCHOOL OR UNIVERSITY)

___________________

The Clerk of CourtSupreme Court

Re: Certificate of Enrollment

Sir/Madam:

This is to CERTIFY that ______________________ [name of Bar Applicant], on the basis of the records of this office, is:

(a) currently enrolled in his or her last year of law school education;

(b) currently completing ___________________ [OR has completed] the Clinical Legal Education Program (CLEP), as required by Rule 138-A of the Rules of Court, and is securing __________________ [OR has satisfactorily secured] CLEP Level 1/2 OR both Certifications; and

(c) an expected candidate for graduation for Academic Year 2022-2023.

Very truly yours,

____________________________________

NOTED BY:

_________________________________

ANNEX B

(LETTERHEAD OF LAW SCHOOL OR UNIVERSITY)

______________________

The Clerk of CourtSupreme Court

Sir/Madam:

This is to certify that the names listed below are bona fide students of the _____________________ (name of Law School) who graduated with the degree of Juris Doctor in _________________ (date of Graduation).

We further certify that on the basis of the records of this office, they have completed the Clinical Legal Education Program (CLEP) requirement, in compliance with A.M. No. 19-03-24-SC dated July 23, 2019.

CLEP Level: I/II CLEP Certification No.: __________ Bar Applicant's Name

 

Example:

CLEP Level: I	CLEP Certification No.: 2022-1234	DELA CRUZ, JUAN B.
CLEP Level: II	CLEP Certification No.: 2022-5678	TRINIDAD, HECTOR A.

 

Given this ____ day of _______, in CITY, Philippines.

 

________________________________

____________________________________

 

(NOTARIAL ACKNOWLEDGEMENT)

Footnotes

1. Re-takers shall include (a) Repeaters or applicants who will be taking the Bar examinations for the second or third time; and (b) Refreshers who will be taking the Bar examinations for the fourth time or more.

2. Re-applicants are New/Repeater/Refresher applicants who: (1) in writing, addressed to the Office of the Bar Confidant, decide to withdraw their Petition to Take the Bar Examinations on or before the first day of the examinations; and/or (2) fail to appear during the first day of the examination and take any of the examinations in all subjects.

3. Legal Education Board (LEB). (2020). Clinical Legal Education Program (CLEP) Retrieved October 28, 2022, from https://clep.leb.gov.ph/: https://clep.leb.gov.ph/revised-rule-138-a/#h.faq-post-1917.