Republic of the Philippines
Supreme Court
Manila
A.M. No. 19-03-24-SC
THE GUIDELINES ON THE EXTERNSHIP PROGRAM.
OF LAW STUDENT PRACTITIONERS IN COURT
UNDER RULE 138-4
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 andpublic 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 extemnship 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 Bane.
NOW, THEREFORE, the Supreme Court En Banc hereby
approves and adopts the Guidelines on the Externship Program in Court
of Law Student Practitioners 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.
Chief Justice
ESTELA Ai BERNABE
MARVIC M.Y.F. LEON)
Associate Justice
ALEXA) » GESMUNDO-
fociate Justice
oe fass—=
IN PAUL L. HERNANDO IMARI D. CARAND,
Associate Justice Associate JusticeAl
EDGARDO L. DELOS SANTOS,
Associate Justice
x
RICAI
end B. INTING
Associfite Justice
Associate Justige
SAMUEL H. GAEI
Associate Justice
- ROSARIO
Assqciate JusticeTHE 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 externshi
s
. 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; and (2) the required
number of hours to complete the CLEP; (vi) the grading rubric/method
for evaluating the performance of the law student practitioner; and (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 presidingjudge 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.
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;
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.
Supervision. The law student practitioners shall be under the direct
supervision and control of the presiding judge or Justice;
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.
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;
s
. No rollos or any other court records shall be brought outside the
premises of the supervising judge's of Justice’s court/office, nor
shall they be shown to outside parties;
°
. 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;
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;
). 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.
+
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.
2
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.
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;
. Assessment and monitoring. ‘The supervising judge or Justice shall
monitor and assess the progress of the law student practitioners during
320.
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.
. 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;
. 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;
. 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.
. Disclaimer. Entry and completion of the externship program shall not
lead to guaranteed permanent positions;
|. Non-discrimination clause. The Supreme Court of the Philippines
does not discriminate in exterships on the basis of race, sex, sexual
orientation, religion, civil status, disability, or age;
. 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;
. Explanation of guidelines. These Guidelines shall be explained to
every law student practitioner at the start of the externship program.
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.
4ANNEX A: Extern Applicant Supplemental Background Questions Form
SUPREME COURT
REPUBLIC OF THE PHILIPPINES
Extern Applicant Supplement:
Background Questions
‘The following questions supplement the Court’s extern application with important
background questions that are presented on the judiciary’s application for externships of a
certified law student practitioner. Answering “yes” to any of these questions does not
necessarily disqualify an applicant from being selected for an externship but the answers will
be used as part of the applicant scteening process by Justices and Presiding Judges. Each
applicant selected for a judicial extemship must undergo a background check; information
similar to that sought in this questionnaire is typically obtained through that process.
1, Do you have any relatives within the third degree of consanguinity or affinity who
are Judges, Justices, and/or officers of the first-level, second-level, collegiate
courts, and/or the Supreme Court?
Yes ONo O
Ufyes, give details
2. a, Have you ever been charged or found guilty of any administrative offense?
Yes ONoO
If yes, give details.
b, Have you been criminally charged before any court?
Yes ONoO
If yes, give details:
Date Filed:
Status of Case/s:
3. Have you ever been convicted of any crime or violation of any law, decree,
ordinance or regulation by any court or tribunal?
Yes ONoO
If yes, give details.4. Have you ever been separated from any employment and/or service in any of the
following modes: resignation, retirement, dropped from the rolls, dismissal,
termination, end of term, finished contract or phased out (abolition) in the public
or private sector?
Yes ONoO
Ives, give details:
$. Are you currently employed/working? (please include both public and private
employment)
Yes ONo O
Ives, give details
Tnclusive | Position Title | Departmeni/Ageney/Ofice/ | —Slatwe of | Government
Dates~ | (Write in full, Company Employment | Service
mmydd/yyyy | donot (Witte in full, do not any
(from and to) |_abbreviate) abbreviate)
6. Are you currently involved in volunteer work or in any civie, non-government,
people and/or volunteer organizations?
Yes ONoO
Ifyes, give details:
(Write in full) | Inclusive Dates - mm/dd/yyyy | Number Position/
(from and to) of Hours Nature of WorkApplicant Certification
| certify that, to the best of my knowledge and belief, all of the information I have
provided herein is true, correct, complete and made in good faith. | understand that providing
false or fraudulent information in my application process may be grounds for terminating my
externship. I understand any information I have given may be verified.
Signature over Printed Name Date
Name of School:
CLEP Certification No.
SUBSCRIBED AND SWORN to before me this___day of.
affiant exhibiting to me his government-issued identification card.
(Person Administering Oath)ANNEX B: Sample Externship Agreement
By signing this Agreement, I hereby acknowledge that
1, Thave attended the orien
mn regarding the Externship Program;
2. Thave 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. Iwill comply with the requirements of:
a, the Guidelines on the Externship Program in Court of Law Student
Practitioners,
b. the Extemship Agreement; and
. the laws, rules and regulations relevant to the Externship Program.
Signature over Printed Name Date