The Guidelines on the Externship Program of Law Student Practitioners in Court under Rule 138-A

November 24, 2020

A.M. No. 19-03-24-SC

THE GUIDELINES ON THE EXTERNSHIP PROGRAM OF LAW STUDENT PRACTITIONERS IN COURT UNDER RULE 138-A

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 Supreme Court promulgated Bar Matter Nos. 1552 and 1552-A on March 2, 2010 and March 20, 2012, respectively, to serve as guidelines in the conduct of externship programs in Court. The Office of the Court Administrator also released OCA Circular No. 75-2016 to implement the said guidelines;

WHEREAS, the Supreme Court promulgated A.M. No. 19-03-247-SC or the Revised Law Student Practice Rule. Section 9, in relation to Section 2 (a), of the revised Rule 138-A requires all law schools to adopt a Clinical Legal Education Program;

WHEREAS, Section 2 (a) defines Clinical Legal Education Program as 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 undertaken in either 1) a law clinic, or 2) an externship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as well as legal ethics;

WHEREAS, Section 2 (b) defines externship as a part of the clinical legal education 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);

WHEREAS, there is a need to revise Bar Matter Nos. 1552 and 1552-A, as well as OCA Circular No. 75-2016, in order to ensure that the court externship guidelines are consistent with the mandate of A.M. No. 19-03-24-SC; and

WHEREAS, the Oversight Committee for the Implementation of Rule 138-A or the Revised Student Practice Rule has submitted its proposed guidelines for the approval of the Court En Banc.

NOW, THEREFORE, the Supreme Court En Banc hereby approves and adopts the Guidelines on the Externship Program in Court of Law Student Practitioners the under Rule 138-A.

These Guidelines shall take effect on January 2, 2021 following its publication in two (2) newspapers of general circulation.

November 24, 2020, Manila, Philippines.

(SGD.) DIOSDADO M. PERALTAChief Justice

(SGD.) ESTELA M. PERLAS-BERNABEAssociate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) ALEXANDER G. GESMUNDOAssociate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) ROSMARI D. CARANDANGAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

(SGD.) RICARDO R. ROSARIOAssociate Justice

ATTACHMENTS

The Guidelines on the Externship Program of Law Student Practitioners in Court under Rule 138-A

Pursuant to Rule 138-A, or the Law Student Practice Rule which was approved in the Resolution dated June 25, 2019 of the Court En Banc in A.M. No. 19-03-24-SC, which allows externship in courts as a means of complying with the Clinical Legal Education Program of the law school, the following guidelines are hereby issued:

1. Objectives. The program aims to acquaint law student practitioners with (a) the review and other processes of the court to which they are assigned; (b) the ethical standards in the administration of justice; (c) the hands-on training on legal research and writing; and (d) other matters relevant to their respective curriculum.

2. Eligibility. The program shall be open to all law student practitioners certified in accordance with Sections 3, 4, and 5 of Rule 138-A and enrolled in a Clinical Legal Education Program (CLEP) of any law school in the Philippines.

Certified law student practitioners must not be employed at any law firm, during the period of their externship with the courts.

3. Application. Applications by certified law student practitioners shall be filed:

a. For lower courts — in the specific branch of the court where they intend to undertake their externship;

b. For the Supreme Court and other appellate courts — (i) with the Office of the Chief Justice, for Supreme Court applications; (ii) with the Presiding Justice, for other appellate courts; or (iii) directly with the intended supervising Justice.

Applicants are required to submit (i) a written application for externship, which includes a cover letter and a curriculum vitae; (ii) the latest law school transcript; (iii) a writing sample of the applicant which can be, but not limited to a legal memorandum, a brief; (iv) a copy of their Certification as law student practitioner issued by the Executive Judge or Court Administrator, whichever is applicable; (v) a certification from the dean or authorized representative of the law school stating that (1) he/she is enrolled in CLEP; in (2) the required number of hours to complete the CLEP; (vi) the grading rubric/method for evaluating the performance of the law student practitioner; (vii) an accomplished Extern Applicant Supplemental Background Questions Form (Annex A). The acceptance of the law student practitioners into the externship program shall remain within the discretion of the judge or Justice to whom the application requirements have been submitted. Upon acceptance of the application, the presiding judge or Justice shall take charge of the administrative aspect of the externship program, such as executing the Externship Agreement (a sample of which is attached hereto as Annex B), issuing the Certificate of Service or Attendance, and other similar matters.

4. Number of interns per court. A presiding judge or Justice shall be allowed a maximum of only two (2) interns at any given time, unless, for compelling reasons, a higher number may be required as may be determined by the presiding judge or Justice.

5. Duration. The externship program may be conducted in the court either during the regular semester or summer term under a schedule that would allow the law student practitioner to complete the number of hours required by CLEP he/she is enrolled in.

6. Supervision. The law student practitioners shall be under the direct supervision and control of the presiding judge or Justice.

7. Workplace and working hours. The law student practitioners shall work at the court premises during regular office hours, but shall not be allowed access to these premises after office hours, except with the express authority of the supervising judge or Justice.

In situations like the current COVID-19 pandemic, Law Student Practitioners are allowed to perform all or some of their work on-line through court authorized video-conferencing platforms and other electronic means of communications in lieu of physical presence at the office or the court during office hours.

8. Access to records. The law student practitioners may be granted access to rollos and other court records subject to the following rules:

a. The law student practitioners may be allowed access to specific rollos and other court records only under the express written authority of their supervising judge or Justice;

b. No rollos or any other court records shall be brought outside the premises of the supervising judge's or Justice's court/office, nor shall they be shown to outside parties;

c. No copying or reproduction of files shall be allowed, including copying or reproduction thru electronic means;

 In situations like the COVID-19 pandemic, Law Student Practitioners may be allowed to take and use soft copies (scanned copies or photos) of assigned rollos and records, subject to the confidentiality rules and administrative sanctions under Rule 138-A of the Rules of Court, as amended.

d. Reports, drafts and research materials shall be submitted directly to the supervising judge or Justice, and shall not be shown or transmitted to outside parties before, during and after completion of the externship program.

9. Access to Library. Law student practitioners may borrow books and other materials from the court library under conditions that the library shall impose, and shall be required to submit a library clearance before any report of completion of the program can be issued to their respective schools. The law student practitioners shall replace or pay for the cost of any book or library material that is damaged while in their possession or which they fail to return to the library.

10. Confidentiality. The law student practitioners shall be bound by the rule on confidentiality applicable to court employees. In addition:

a. Law student practitioners shall not disclose confidential information acquired in the course of their work with the Court other than to current staff who are bound by the rule on confidentiality applicable to court employees.

b. Law student practitioners shall not disclose confidential Court documents to any person other than to current staff who are bound by the rule on confidentiality applicable to court employees.

c. Law student practitioners shall not comment publicly about unannounced case-related matters that were, presently are, or will be before the Court in its decision-making capacity.

d. Unless there is an express and written authorization of the presiding judge or Justice, any writing produced by law student practitioners while working on Court is the property of the Court, and shall not be used as a writing sample for any purpose.

e. Law student practitioners shall be bound by the rule on confidentiality before, during, and after the completion of the externship program.

For purposes of this section, non-disclosure shall include the prohibition from posting or uploading confidential information, files or documents in the social media and/or taking of photographs of such information, files or documents.

11. Code of conduct. The law student practitioners shall observe and be bound by the Code of Conduct for Court Personnel which shall be explained by the supervising judge or Justice.

12. Assessment and monitoring. The supervising judge or Justice shall monitor and assess the progress of the law student practitioners during the externship program, and shall give a final rating on and assessment of their performance in accordance with the rating system of their respective schools.

13. Accountability and turnover of records. The law student practitioners shall be accountable for and shall turn over all office records and materials entrusted to their custody during the program/internship, including electronic files in their possession involving their work, as a condition for the grant of the supervising judge's or Justices final rating report.

14. Allowances. For externship programs in the Supreme Court and appellate court, and subject to the availability of funds, modest allowance during the period of the program may be given to the law student practitioner as determined by the Chief Justice or by the Presiding Justice.

Due to budgetary constraints, externship programs shall be at no expense to the lower courts.

15. Ground for termination of externship. Aside from the terms and conditions of the contract between the Executive Judge or Presiding Justice and the law student practitioner, the externship may be terminated if the law student practitioner is found to have provided false or fraudulent information in his application process.

16. Disclaimer. Entry and completion of the externship program shall not lead to guaranteed permanent positions.

17. Non-discrimination clause. The Supreme Court of the Philippines does not discriminate in externships on the basis of race, sex, sexual orientation, religion, civil status, disability, or age.

18. Sanctions and penalties. Non-compliance with the security, confidentiality and ethical rules shall be under pain of administrative and penal sanctions as the law may provide and as the Supreme Court may impose. Any Court-imposed sanction shall be without prejudice to the sanctions that the law school may impose.

19. Explanation of guidelines. These Guidelines shall be explained to every law student practitioner at the start of the externship program.

20. Repealing clause. All previous court issuances or parts thereof, particularly Bar Matter Nos. 1552 and 1552-A, and OCA Circular No. 75-2016, which are inconsistent with these Guidelines are hereby deemed repealed or modified accordingly.

For the information and guidance of all concerned.

ANNEX A

Extern Applicant Supplemental Background Questions Form

ANNEX B

Sample Externship Agreement

By signing this Agreement, I hereby acknowledge that:

1. I have attended the orientation regarding the Externship Program;

2. I have read and understood the Guidelines on the Externship Program in Court of Law Student Practitioners, and the terms of conditions set forth in this Agreement; and

3. I will comply with the requirements of:

a. the Guidelines on the Externship Program in Court of Law Student Practitioners;

b. the Externship Agreement; and

c. the laws, rules and regulations relevant to the Externship Program.

 

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Published in the Philippine Daily Inquirer on December 13, 2020.