Clep Exam Notes

Section 4. Practice Areas of Law Student Practitioners.
- Subject to the supervision and approval of a supervising lawyer, a certified law student
practitioner may:
For Level 1 Certification
(1) Interview prospective clients;
(2) Give legal advice to the client;
(3) Negotiate for and on behalf of the client;
(4) Draft legal documents such as affidavits, compromise agreements, contracts,

demand letter, position papers,and the like;
(5) Represent eligible parties before quasi-judicial or administrative bodies;
(6) Provide public legal orientation; and
(7) Assist in public interest advocacies for policy formulationand implementation.
Section 6. Duties of Law Student Practitioners.
- Acting under a certification, the law student practitioner shall:
(a) Observe the provisions of Section 24(b), Rule 130 of the Rules of Court;
(b) Be prohibited from using information acquired in one's capacity as a law student
practitioner for personal or commercial gain;
(c) Perform the duties and responsibilities to the best of one's abilities as a law student
practitioner; and
(d) Strictly observe the Canons of the Code of Professional Responsibility.

SLAPP (Strategic Lawsuit Against Public Participation)
: A legal action (whether civil, criminal or administrative) filed to harass, vex, exert
undue pressure or stifle any legal recourse that any person, institution or the
government has taken or may take in the enforcement of environmental laws, protection
of the environment or assertion of environmental rights.
: Legal action brought against any person, institution or any government agency or LGU
or its officials and employees, with the INTENT to harass, vex, exert undue pressure or
stifle any legal recourse that such person, institution or the government agency has
taken or may take in the EEL, PE or AER.
: Essentially, it is a retaliatory suit against a person or office who seeks to enforce EL, or
who asserts ER.
: Predictable legal categories used in SLAPPs to mask the real intent of the filer:
1. Defamation (libel, slander, business libel, product disparagement and so on);
2. Business Torts (interference with business, with contract, with prospective economic
disadvantage; antitrust, restraint of trade, unfair competition);
3. Conspiracy (planning and acting with others for some illegal purpose);
4. Judicial or administrative process violations (malicious prosecutions, abuse of

process);
5. Violation of constitutional or civil rights (denial of due process or equal protection);

and,
6. Other violations (nuisance, trespass, invasion of privacy, outrageous conduct,

falsifying tax exempt status, and so on).
A. Civil Case (R. 6, RPEC): SLAPP as a DEFENSE
1. File an ANSWER interposing as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers, and other evidence; and, by way of
COUNTERCLAIM, pray for damages, attorney’s fees and costs of suit.
2. The court shall then direct the plaintiff or adverse party to file an OPPOSITION
showing that the suit is not a SLAPP, attaching evidence in support thereof, within a
non- extendible period of five days from receipt of notice that an answer has been filed.
3. The defense of a SLAPP shall be set for HEARING by the court after issuance of the
order to file an opposition within fifteen (15) days from filing of the comment or the lapse
of the period.
4. Hearing: SUMMARY in nature; the parties must submit all available evidence in
support of their respective positions.
4.1. The party SEEKING the DISMISSAL of the case must prove by
SUBSTANTIAL EVIDENCE that his acts for the enforcement of the
environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment; (SE: amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion; applicable:
before admin or quasi-judicial bodies)
4.2. The party FILING the action assailed of as a SLAPP shall prove by
PREPONDERANCE OF EVIDENCE that the action is NOT a SLAPP and is a
valid claim. (PE: evidence as a whole adduced by one side is superior to that of
the other; applicable: civil case)
5. Resolution: AFFIRMATIVE DEFENSE of a SLAPP shall be resolved within thirty (30)

days after the summary hearing. (AD: an allegation of a new matter which, while
hypothetically admitting the material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him.)
5.1. If the court DISMISSES the action: the court may award damages, attorney’s
fees and costs of suit under a counterclaim is such has been filed. The dismissal
shall be WITH PREJUDICE. (WP: the dismissal is final and the plaintiff is barred
from filing another case on the same claim.)
5.2. If the court REJECTS the defense of a SLAPP: the evidence adduced during
the summary hearing shall be treated as evidence of the parties on the merits of
the case.
The action shall then PROCEED in accordance with the Rules of Court.

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Section 4. Practice Areas of Law Student Practitioners.

For Level 1 Certification

(1) Interview prospective clients;

(2) Give legal advice to the client;

(3) Negotiate for and on behalf of the client;

(4) Draft legal documents such as affidavits, compromise agreements, contracts,

(5) Represent eligible parties before quasi-judicial or administrative bodies;

(6) Provide public legal orientation; and

(7) Assist in public interest advocacies for policy formulationand implementation.

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.

1. Defamation (libel, slander, business libel, product disparagement and so on);

4. Judicial or administrative process violations (malicious prosecutions, abuse of

5. Violation of constitutional or civil rights (denial of due process or equal protection);

6. Other violations (nuisance, trespass, invasion of privacy, outrageous conduct,

5. Resolution: AFFIRMATIVE DEFENSE of a SLAPP shall be resolved within thirty (30)

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