. . .
lawyers who pass the Bar when only four (4) months or less remain of the
compliance period, are exempted from complying with the MCLE requirement
for the said compliance period. They shall comply with the MCLE requirements
for the next compliance period.
However, lawyers who are admitted to the Bar either one (1) yearafter the start
of the current compliance period, or two (2) years after the start of the said
compliance period, are required to comply with the MCLE requirements in
accordance with the MCLE Governing Board resolution dated October 20, 2004,
i.e. those admitted one year after the start of the current compliance period
must comply with two-thirds (2/3) if the credit units required (24 c.u.) for that
period; while those admitted two (2) years after the start of the compliance
period should comply with one-third (1/3) of the required credit unit (12 c.u.)
There are three questions that would immediately come to mind: (1) What is the
current compliance period? The third compliance period is from April 2007 to April
2010; (2) When is a lawyer admitted to the Bar? A MCLE Board staff said its the
signing of the roll of attorneys; and (3) What will I indicate in the pleading if Im
exempted because I pass[ed] the Bar when only four months or less remain of the
compliance period? That same staff also mentioned that the new lawyer could
indicate Exempted, pursuant to MCLE Governing Board Order No. 1, s. 2008.
Perhaps someone could verify the answer to question No. 3.
B.M. No. 1922
June 3, 2008
RE. NUMBER AND DATE OF MCLE CERTIFICATE OF COMPLETION/EXEMPTION REQUIRED IN ALL
PLEADINGS/MOTIONS.
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of the Court En Banc dated June 3, 2008
"Bar Matter No. 1922. Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to
Indicate in All Pleadings Filed with the Courts the Counsels MCLE Certificate of Compliance or Certificate of
Exemption. The Court Resolved to NOTE the Letter, dated May 2, 2008, of Associate Justice Antonio
Eduardo B. Nachura, Chairperson, Committee on Legal Education and Bar Matters, informing the Court of the
diminishing interest of the members of the Bar in the MCLE requirement program.
The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters,
to REQUIRE practicing members of the bar to INDICATE in all pleadings filed before the courts or quasi-judicial
bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as
may be applicable, for the immediately preceding compliance period. Failure to disclose the required
information would cause the dismissal of the case and the expunction of the pleadings from the
records.
The New Rule shall take effect sixty (60) days after its publication in a newspaper of general circulation."
Caprio-Morales Velasco, Jr., Nachura, JJ., on official leave. (adv216a)
(Lawyers Oath na nay defend)
I _____ , do solemnly swear that I will
maintain allegiance to the RP:
I will support and defend its Constitution and
obey the laws as well as the legal orders of the
duly constituted authorities therein;
I will do no falsehood nor consent to its
commission;
I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit nor give
aid nor consent to the same;
I will not delay any mans cause for money or
malice and will conduct myself as a lawyer
according to the best of my knowledge and
discretion with all good fidelity as well to the
court as to my clients; and
I will impose upon myself this obligation
voluntarily, without any mental reservation or
purpose of evasion.
So help me God.
EN BANC
[B.M. 850. October 2, 2001]
MANDATORY CONTINUING LEGAL EDUCATION
R E S O LUTIO N
ADOPTING THE REVISED RULES ON THE CONTINUING LEGAL
EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES
Considering the Rules on the Mandatory Continuing Legal Education (MCLE) for members
of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the
Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee
on Legal Education, the Court hereby resolves to approve, as it hereby approves, the following
Revised Rules for proper implementation:
Rule 1. PURPOSE
SECTION 1. Purpose of the MCLE. Continuing legal education is required of members
of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the ethics of the profession and enhance the
standards of the practice of law.
Rule 2. MANDATORY CONTINUING LEGAL EDUCATION
SECTION 1. Commencement of the MCLE. Within two (2) months from the approval of
these Rules by the Supreme Court En Banc, the MCLE Committee shall be constituted
and shall commence the implementation of the Mandatory Continuing Legal Education (MCLE)
program in accordance with these Rules.
SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt under
Rule 7 shall complete every three (3) years at least thirty-six (36) hours of continuing legal
education activities approved by the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4)
credit units.
(c) At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five
(5) credit units.
(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and
jurisprudence equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to
four (4) credit units.
(f) At least two (2) hours shall be devoted to international law and international
conventions equivalent to two (2) credit units.
(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the
MCLE Committee equivalent to six (6) credit units.
Rule 3. COMPLIANCE PERIOD
SECTION 1. Initial compliance period. -- The initial compliance period shall begin not later
than three (3) months from the adoption of these Rules. Except for the initial compliance period
for members admitted or readmitted after the establishment of the program, all compliance
periods shall be for thirty-six (36) months and shall begin the day after the end of the previous
compliance period.
SEC. 2. Compliance Groups. -- Members of the IBP not exempt from the MCLE
requirement shall be divided into three (3) compliance groups, namely:
(a) Compliance group 1. -- Members in the National Capital Region (NCR) or Metro Manila are
assigned to Compliance Group 1.
(b) Compliance group 2. -- Members in Luzon outside NCR are assigned to Compliance Group
2.
(c) Compliance group 3. -- Members in Visayas and Mindanao are assigned to Compliance
Group 3.
Nevertheless, members may participate in any legal education activity wherever it may
be available to earn credit unit toward compliance with the MCLE requirement.
SEC. 3. Compliance period of members admitted or readmitted after establishment of the
program. Members admitted or readmitted to the Bar after the establishment of the program
shall be assigned to the appropriate Compliance Group based on their Chapter membership on
the date of admission or readmission.
The initial compliance period after admission or readmission shall begin on the first day of
the month of admission or readmission and shall end on the same day as that of all other
members in the same Compliance Group.
(a) Where four (4) months or less remain of the initial compliance period after admission or
readmission, the member is not required to comply with the program requirement for the
initial compliance.
(b) Where more than four (4) months remain of the initial compliance period after admission or
readmission, the member shall be required to complete a number of hours of approved
continuing legal education activities equal to the number of months remaining in the
compliance period in which the member is admitted or readmitted. Such member shall be
required to complete a number of hours of education in legal ethics in proportion to the
number of months remaining in the compliance period. Fractions of hours shall be rounded
up to the next whole number.
Rule 4. COMPUTATION OF CREDIT UNITS(CU)
SECTION 1. Guidelines. - CREDIT UNITS ARE EQUIVALENT TO CREDIT
HOURS. CREDIT UNITS measure compliance with the MCLE requirement under the
Rules, based on the category of the lawyers participation in the MCLE activity. The
following are the guidelines for computing credit units and the supporting documents
required therefor:
PROGRAMS/ACTIVITY
CREDIT
UNITS
SUPPORTING DOCUMENTS
1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE
EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE
DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER
RELATED RULES
1.1 PARTICIPANT/
OF
CERTIFICATE OF
ATTENDEE
CE WITH
1 CU PER HOUR
ATTENDANCE
ATTENDAN
NUMBER OF HOURS
1.2 LECTURER
OF
FULL CU FOR THE
PHOTOCOPY
RESOURCE
SUBJECT PER
PLAQUE OR
SPEAKER
COMPLIANCE PERIOD
SPONSORS
CERTIFICATION
1.3 PANELIST/REACTOR
1/2 OF CU FOR
THE
CERTIFICATION
COMMENTATOR/
PER
SUBJECT
FROM
MODERATOR/
PERIOD
SPONSORING
COORDINATOR/
IZATION
COMPLIANCE
ORGAN
FACILITATOR
2. AUTHORSHIP, EDITING AND REVIEW
2.1 LAW BOOK OF NOT
BOOK
FULL CU FOR THE
LESS THAN 100 PAGES
SUBJECT PER
PUBLISHED
COMPLIANCE PERIOD
2.2 BOOK EDITOR
1/2 OF THE CU
OF
PUBLISHED BOOK
AUTHORSHIP CATEGORY
WITH PROOF AS
EDITOR
2.3 RESEARCH PAPER
1/2 OF CU FOR THE
DULY
INNOVATIVE PROGRAM/
PER
CERTIFIED/
CREATIVE PROJECT
SUBJECT
COMPLIANCE PERIOD
PUBLISHED
TECHNICAL
REPORT/PAPER
2.4 LEGAL ARTICLE OF AT
ARTICLE
LEAST TEN (10) PAGES
1/2 OF CU FOR THE
PUBLISHED
SUBJECT PER
COMPLIANCE PERIOD
2.5 LEGAL NEWSLETTER/
1 CU PER ISSUE
LAW JOURNAL
EDITOR
PUBLISHED
NEWSLETTER/JOURNAL
2.6 PROFESSORIAL CHAIR/
FULL CU FOR
THE
CERTIFICATION OF
BAR REVIEW LECTURE
OR
LAW TEACHING/
SUBJECT PER
LAW DEAN
COMPLIANCE PERIOD
BAR REVIEW
DIRECTOR
Rule 5. CATEGORIES OF CREDIT UNITS
SECTION 1. Classes of Credit units. -- Credit units are either participatory or nonparticipatory.
SEC. 2. Claim for participatory credit units. -- Participatory credit units may be claimed
for:
(a) Attending approved education activities like seminars, conferences, conventions, symposia,
in-house education programs, workshops, dialogues or round table discussion.
(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved education activities.
(c) Teaching in a law school or lecturing in a bar review class.
SEC. 3. Claim for non-participatory credit units. Non-participatory credit units may be
claimed per compliance period for:
(a) Preparing, as an author or co-author, written materials published or accepted for publication,
e.g., in the form of an article, chapter, book, or book review which contribute to the legal
education of the author member, which were not prepared in the ordinary course of the
members practice or employment.
(b) Editing a law book, law journal or legal newsletter.
Rule 6. COMPUTATION OF CREDIT HOURS (CH)
SECTION 1. Computation of credit hours. -- Credit hours are computed based on actual
time spent in an education activity in hours to the nearest one-quarter hour reported in decimals.
Rule 7. EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. -- The following members of the Bar are
exempt from the MCLE requirement:
(a) The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council and
incumbent court lawyers covered by the Philippine Judicial Academy program of continuing
judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department
of Justice;
(e) The Solicitor General and the Assistant Solicitors General;
(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special
Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviewers and professors of law who have teaching experience for at
least ten (10) years in accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lecturers of the Philippine Judicial Academy; and
(l) Governors and Mayors.
SEC. 2. Other parties exempted from the MCLE. The following Members of the Bar are
likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of Governors.
SEC. 3. Good cause for exemption from or modification of requirement A member may
file a verified request setting forth good cause for exemption (such as physical disability, illness,
post graduate study abroad, proven expertise in law, etc.) from compliance with or modification
of any of the requirements, including an extension of time for compliance, in accordance with a
procedure to be established by the MCLE Committee.
SEC. 4. Change of status. The compliance period shall begin on the first day of the
month in which a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall
end on the same day as that of all other members in the same Compliance Group.
SEC. 5. Proof of exemption. Applications for exemption from or modification of the
MCLE requirement shall be under oath and supported by documents.
Rule 8. STANDARDS FOR APPROVAL OF
EDUCATION ACTIVITIES
SECTION 1. Approval of MCLE program. Subject to the implementing regulations that
may be adopted by the MCLE Committee, continuing legal education program may be granted
approval in either of two (2) ways: (1) the provider of the activity is an accredited provider and
certifies that the activity meets the criteria of Section 2 of this Rule; and (2) the provider is
specifically mandated by law to provide continuing legal education.
SEC. 2. Standards for all education activities. All continuing legal education activities
must meet the following standards:
(a) The activity shall have significant current intellectual or practical content.
(b) The activity shall constitute an organized program of learning related to legal subjects and
the legal profession, including cross profession activities (e.g., accounting-tax or medicallegal) that enhance legal skills or the ability to practice law, as well as subjects in legal
writing and oral advocacy.
(c) The activity shall be conducted by a provider with adequate professional experience.
(d) Where the activity is more than one (1) hour in length, substantive written materials must be
distributed to all participants. Such materials must be distributed at or before the time the
activity is offered.
(e) In-house education activities must be scheduled at a time and location so as to be free from
interruption like telephone calls and other distractions.
Rule 9. ACCREDITATION OF PROVIDERS
SECTION 1. Accreditation of providers. -- Accreditation of providers shall be done by the
MCLE Committee.
SEC. 2. Requirements for accreditation of providers. Any person or group may
be accredited as a provider for a term of two (2) years, which may be renewed, upon written
application. All providers of continuing legal education activities, including in-house providers,
are eligible to be accredited providers. Application for accreditation shall:
(a) Be submitted on a form provided by the MCLE Committee;
(b) Contain all information requested in the form;
(c) Be accompanied by the appropriate approval fee.
SEC. 3. Requirements of all providers. -- All approved accredited providers shall agree to
the following:
(a) An official record verifying the attendance at the activity shall be maintained by the provider
for at least four (4) years after the completion date. The provider shall include the member
on the official record of attendance only if the members signature was obtained at the time
of attendance at the activity. The official record of attendance shall contain the members
name and number in the Roll of Attorneys and shall identify the time, date, location, subject
matter, and length of the education activity. A copy of such record shall be furnished the
MCLE COMMITTEE.
(b) The provider shall certify that:
(1)
This activity has been approved BY THE MCLE COMMITTEE in the
amount of ________ hours of which ______ hours will apply in (legal ethics, etc.), as
appropriate to the content of the activity;
(2)
The activity conforms to the standards for approved education activities
prescribed by these Rules and such regulations as may be prescribed by the MCLE
COMMITTEE.
(c) The provider shall issue a record or certificate to all participants identifying
the time, date, location, subject matter and length of the activity.
(d) The provider shall allow in-person observation of all approved continuing
legal education activity by THE MCLE COMMITTEE, members of the IBP
Board of Governors, or designees of the Committee and IBP staff Board for
purposes of monitoring compliance with these Rules.
(e) The provider shall indicate in promotional materials, the nature of the activity,
the time devoted to each topic and identity of the instructors. The provider shall
make available to each participant a copy of THE MCLE COMMITTEEapproved Education Activity Evaluation Form.
(f) The provider shall maintain the completed Education Activity Evaluation
Forms for a period of not less than one (1) year after the activity, copy
furnished the MCLE COMMITTEE.
(g) Any person or group who conducts an unauthorized activity under this
program or issues a spurious certificate in violation of these Rules shall be
subject to appropriate sanctions.
SEC. 4. Renewal of provider accreditation. The accreditation of a provider may be
renewed every two (2) years. It may be denied if the provider fails to comply with any of the
requirements of these Rules or fails to provide satisfactory education activities for the preceding
period.
SEC. 5. Revocation of provider accreditation. -- the accreditation of any provider referred
to in Rule 9 may be revoked by a majority vote of the MCLE Committee, after notice and
hearing and for good cause.
Rule 10. FEE FOR APPROVAL OF ACTIVITY AND ACCREDITATION OF PROVIDER
SECTION 1. Payment of fees. Application for approval of an education activity or
accreditation as a provider requires payment of the appropriate fee as provided in the Schedule of
MCLE Fees.
Rule 11. GENERAL COMPLIANCE PROCEDURES
SECTION 1. Compliance card. -- Each member shall secure from the MCLE Committee a
Compliance Card before the end of his compliance period. He shall complete the card by
attesting under oath that he has complied with the education requirement or that he is exempt,
specifying the nature of the exemption. Such Compliance Card must be returned to
the Committee not later than the day after the end of the members compliance period.
SEC. 2. Member record keeping requirement. -- Each member shall maintain sufficient
record of compliance or exemption, copy furnished the MCLE Committee. The record required
to be provided to the members by the provider pursuant to Section 3 of Rule 9 should be a
sufficient record of attendance at a participatory activity. A record of non-participatory activity
shall also be maintained by the member, as referred to in Section 3 of Rule 5.
Rule 12. NON-COMPLIANCE PROCEDURES
SECTION 1. What constitutes non-compliance. The following shall constitute noncompliance:
(a) Failure to complete the education requirement within the compliance period;
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status)
within the prescribed period;
(d) Failure to satisfy the education requirement and furnish evidence of such compliance within
sixty (60) days from receipt of non-compliance notice;
(e) Failure to pay non-compliance fee within the prescribed period;
(f) Any other act or omission analogous to any of the foregoing or intended to circumvent or
evade compliance with the MCLE requirements.
SEC. 2. Non-compliance notice and 60-day period to attain compliance. -Members failing
to comply will receive a Non-Compliance Notice stating the specific deficiency and will be
given sixty (60) days from the date of notification to file a response clarifying the deficiency or
otherwise showing compliance with the requirements. Such notice shall contain the following
language near the beginning of the notice in capital letters:
IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH
THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM DATE OF
NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND
SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS
ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE
COMMITTEE.
Members given sixty (60) days to respond to a Non-Compliance Notice may use
this period to attain the adequate number of credit units for compliance.
Credit units earned during this period may only be counted toward compliance
with the prior compliance period requirement unless units in excess of the
requirement are earned, in which case the excess may be counted toward meeting
the current compliance period requirement.
Rule 13. CONSEQUENCES OF NON-COMPLIANCE
SECTION 1. Non-compliance fee. -- A member who, for whatever reason, is in noncompliance at the end of the compliance period shall pay a non-compliance fee.
SEC. 2. Listing as delinquent member. -- A member who fails to comply with the
requirements after the sixty (60) day period for compliance has expired, shall be listed as a
delinquent member of the IBP upon the recommendation of the MCLE Committee. The
investigation of a member for non-compliance shall be conducted by the IBPs Commission on
Bar Discipline as a fact-finding arm of the MCLE Committee.
SEC. 3. Accrual of membership fee. -- Membership fees shall continue to accrue at the
active rate against a member during the period he/she is listed as a delinquent member.
Rule 14. REINSTATEMENT
SECTION 1. Process. -- The involuntary listing as a delinquent member shall be terminated
when the member provides proof of compliance with the MCLE requirement, including payment
of non-compliance fee. A member may attain the necessary credit units to meet the requirement
for the period of non-compliance during the period the member is on inactive status. These
credit units may not be counted toward meeting the current compliance period requirement.
Credit units earned during the period of non-compliance in excess of the number needed to
satisfy the prior compliance period requirement may be counted toward meeting the current
compliance period requirement.
SEC. 2. Termination of delinquent listing is an administrative process. The termination of
listing as a delinquent member is administrative in nature AND it shall be made by the MCLE
Committee.
Rule. 15. COMMITTEE ON MANDATORY CONTINUING
LEGAL EDUCATION
SECTION 1. Composition. The MCLE Committee shall be composed of five (5)
members, namely, a retired Justice of the Supreme Court as Chair, and four (4) members
respectively nominated by the IBP, the Philippine Judicial Academy, a law center designated by
the Supreme Court and associations of law schools and/or law professors.
The members of the Committee shall be of proven probity and integrity. They shall be
appointed by the Supreme Court for a term of three (3) years and shall receive such
compensation as may be determined by the Court.
SEC. 2. Duty of committee. The MCLE Committee shall administer and adopt such
implementing rules as may be necessary subject to the approval of the Supreme Court. It shall, in
consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the
approval of the Supreme Court.
SEC. 3. Staff of the MCLE Committee. Subject to approval by the Supreme Court, the
MCLE Committee shall employ such staff as may be necessary to perform the record-keeping,
auditing, reporting, approval and other necessary functions.
SEC. 4. Submission of annual budget. The MCLE Committee shall submit to the
Supreme Court for approval, an annual budget [for a subsidy] to establish, operate and maintain
the MCLE Program.
This resolution shall take effect on the fifteenth of September 2000, following its publication
in two (2) newspapers of general circulation in the Philippines.
Adopted this 22nd day of August, 2000, as amended on 02 October 2001.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Pardo,
Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur.
Kapunan, J., on official leave.