EN BANC Bar Matter No. 850 RE: MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
(f) At least two (2) hours shall be devoted to international law and international c onventions. onventions. (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee.
Gentlemen: Quoted hereunder, for your information, is a resolution of the Court dated AUG 000. 000. BAR MATTER NO. 850 ! MANDATORY CONTINUING LEGAL EDUCATION (MCLE ) x ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ x ADO"TING T#E RULE$ ON MANDATORY CONTINUING LEGAL EDUCATION %OR MEMBER$ O% T#E INTEGRATED BAR O% T#E "#ILI""INE$ Consi onside derring ing the Rules ules on Manda andattory ory Continuing Legal Education (MGLE) for members of the Integrated ar of the !hili""ines (I!)# recommended by the the I!$ I!$ endo endors rsed ed by the the !hil !hili" i""i "ine ne %udi %udici cial al &cademy# and re'ieed and "assed u"on by the u"reme u"reme Court Committee Committee on Legal Education# Education# the Court hereby resol'es to ado"t# as it hereby ado"ts# the folloing rules for "ro"er im"lementation* R&le '. "UR"O$E EC+I, . Purp Purpos ose e of the MCLE MCLE . -Continuing legal education is re/uired of members of the Integrated ar of the !hili""ines (I!) to ensure that throughout their careen they 0ee" abreast ith %a and 1uris"rudence# maintain the ethics of the "rofession and enhance the standards of the "ractice of la. R&le . MANDATORY CONTINUING LEGAL EDUCATION EC+I, . Cons Consti titu tuti tion on of the the MCLE MCLE Committee. Committee. -- 2ithin to (3) months from the a""ro'al of these Rules Rules by the u"rem u"reme e Court Court En Banc # the MCLE Committee Committee shall be constitut constituted ed in accordanc accordance e ith these Rules. EC. 3. Requirements of completion of MCLE . -- Members of the I! not exem"t under Rule 4 shall com"lete e'ery three (5) years at least thirty-six (56) hours of continuing legal education acti'ities a""ro'ed by the MCLE Committee. Committee. ,f the 56 hours* (a) .At least six (6) hours shall be devoted to legal ethics. (b) At least four (4) hours shall be devoted to trial and pretrial skills. (c) At least five (5) hours shall be devoted to alternative dispute resolution.
R&le . COM"LIANCE "ERIOD EC+I, . . Initial Initial complianc compliance e period period . -- +he initial com"liance "eriod shall begin not later than .three (5) (5) mont months hs frot froth h the the cons consti titu tuti tion on of the the MCLE MCLE Committee. Exce"t for the initial com"liance com"liance "eriod for member mbers s adm admitte itted d or readm eadmit itte ted d aft after the establishment of the "rogram# all com"liance "eriods shall be for thirty-six (56) months and shall begin the day after the end of the "re'ious com"liance "eriod. EC. 3. Compliance group . . -- Members in the ational Ca"ital Region (CR) or Metro Manila shall be "ermanently assigned to Com"liance Grou". EC. EC. 5. Compliance group ! . -- Members in Lu7on Lu7on outside outside CR shall be "ermanent "ermanently ly assigned assigned to Com"liance Grou" 3. EC. EC. 8. Compliance group ". ". -- Members in 9isayas and Mindanao shall be "ermanently assigned to Com"liance Grou" 5. EC. :. Compli Complianc ance e period period for mem#er mem#ers s admitt admitted ed or readmi readmitte tted d after after esta#l esta#lish ishmen mentt of the program. program. -- Members admitted or readmitted to the ar afte afterr the the esta establ blis ishm hmen entt of the the "rog "rogra ram m shal shalll be "ermanent "ermanently ly assigned assigned to the a""ro"riat a""ro"riate e Com"liance Com"liance Grou" based on their Cha"ter membershi" on the date of admission or readmission. +he initial com"liance "eriod after admission or readmission shall begin on the first day of the month of admission or readmission and shall end on the same day day as that that of all all othe otherr membe embers rs in the the sam same Com"liance Grou". (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 c ompliance period in which the members admitted admitted or readmitted. 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 compliance period. Fractions of hours shall be rounded up to the next whole number.
RULE . COM"UTATION O% CREDIT UNIT$ (d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence. (e) At least four (4) hours shall be devoted to legal writing and oral advocacy.
EC+I EC+I, , . $uidelines. $uidelines. -- +he folloing are the guidelines for com"utation of credit units (C;)*
EC. 3. Limitation on certain credit units. -- In numbers 3 and 5 of the guidelines in the "receding ection# the total maximum credit units shall not exceed tenty (3<) hours "er three (5) years. R&le 5. CATEGORIE$ O% CREDIT EC+I, . Classes of credits. -- +he credits are either "artici"atory or non-"artici"atory.
(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;
EC. 3. Claim for participatory credit . -!artici"atory credit may be claimed for* (a) Attending approved education activities like seminars conferences, conventions, symposia, in-house education programs, workshops, dialogues or round table discussions. (b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator in a pproved education activities. (c) Teaching in a law school or lecturing in a bar review class.
EC. 5. Claim for non%participatory credit . -on "artici"atory credit may be claimed "er com"liance "eriod 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 renew which contribute to the legal education of the author member, which were not prepared in the ordinary course of the member's practice or employment.
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen 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 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 (I) Governors and Mayors
EC. 3. 'ther parties e&empted from the MCLE . -- +he folloing Members of the ar are li0eise exem"t* (a) Those who are not in law practice, private or public.
(b) Editing a law book, law journal or legal newsletter.
R&le *. COM"UTATION O% CREDIT #OUR$ EC+I, . Computation of credit hours. -Credit hours are com"uted based on actual time s"ent in an acti'ity (actual instruction or s"ea0ing time)# in hours to the nearest one-/uarter hour. R&le +. E,EM"TION$ EC+I, . Parties e&empted from the MCLE . -- +he folloing members of the ar are exem"t from the MCLE re/uirement* (a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive Departments;
(b) Those who have retired from law practice with the approval of the IBP Board of Governors.
EC. 5. $ood cause for e&emption from or modification of requirement -- & member may file a 'erified re/uest setting forth good cause for exem"tion (such# as "hysical disability# illness# "ost graduate study abroad# "ro'en ex"ertise in-la# etc.) from com"liance ith or modification of any of the re/uirements# including an extension of time for com"liance# in accordance ith a "rocedure to be established by the MCLE Committee. EC. 8. Change of status. -- +he com"liance "eriod shall begin on the first day of the month in hich a member ceases to be exem"t under ections # 3# or 5 of this Rule and shall end on the same day as that of all other members in the same Com"liance Grou".
(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;
EC. :. Proof of e&emption. -- &""lications for exem"tion from or modification of the MCLE re/uirement shall be under oath and su""orted by documents. R&le 8. $TANDARD$ %OR A""RO-AL O% EDUCATION ACTI-ITIE$ EC+I, . (ppro)al of MCLE program. -ub1ect to the rules as may be ado"ted by the MCLE Committee# continuing legal education "rogram may be
granted a""ro'al in either of to (3) ays* () the "ro'ider of the acti'ity is an a""ro'ed "ro'ider and certifies that the acti'ity meets the criteria of ection 3 of this Rule$ and (3) the "ro'ider is s"ecifically mandated by la to "ro'ide continuing legal education. EC. 3. tandards for all education acti'ities. - &ll continuing l egal education acti'ities must meet the folloing standards* (a) The ac tivity 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., a ccounting-tax or medical-legal) 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.
R&le . A""RO-AL O% "RO-IDER$ EC+I, . (ppro)al of pro)iders. -- &""ro'al of "ro'iders shall be done by the MCLE Committee. EC. 3. Requirements for appro)al of pro)iders. -- &ny "erson or .grou" may be a""ro'ed as a "ro'ider for a term of to (3) years# hich may be reneed# u"on ritten a""lication. &ll "ro'iders of continuing legal education acti'ities# including in-house "ro'iders# are eligible to be a""ro'ed "ro'iders. &""lication for a""ro'al shall* (a) Be submitted on a form provided by the IBP; (b) Contain all information requested on the form; (c) Be accompanied by the appropriate approval fee.
EC. 5. Requirements of all pro)iders -- &ll a""ro'ed "ro'iders shall agree to the falloing* (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 member's signature was obtained at the time of attendance at the activity. The official record of attendance shall contain the member's 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 IBP. (b) The provider shall certify that: (1) This activity has been approved for MCLE by the IBP 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 .IBP pertaining to MCLE. (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 activities by members of the IBP Board of Governors, the MCLE Committee, or designees of the Committee and IBP staff 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 IBP-approved 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 IBP. (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.
EC. 8. Rene*al of pro)ider appro)al . -- +he a""ro'al of a "ro'ider may be reneed e'ery to (3) years. It may be denied if the "ro'ider fails to com"ly ith any of the re/uirements of these Rules or fails to "ro'ide satisfactory education acti'ities for the "receding "eriod. EC. :. Re)ocation of pro)ider appro)al . -- +he a""ro'al of any "ro'ider referred to in Rule = may be re'o0ed by a ma1ority 'ote of the I! oard of Go'ernors# u"on recommendation of the MCLE Committee# after notice and hearing and for good cause. R&le '0. ACTI-ITY AND "RO-IDER A""RO-AL %EE EC+I, . Payment of fees. -- &""lication for a""ro'al of an education acti'ity or as a "ro'ider re/uires "ayment of an a""ro"riate fee. R&le ''. GENERAL COM"LIANCE "ROCEDURE$ EC+I, . Compliance card . -- Each member
shall secure from the MCLE Committee a Com"liance Card before the end of his com"liance "eriod. >e shall com"lete the card by attesting under oath that he has com"lied ith the education re/uirement or that he is exem"t# s"ecifying the nature of the exem"tion. uch Com"liance Card must be returned to the address indicated therein no later than the day after the end of the member?s com"liance."eriod. EC. 3. Mem#er record +eeping requirement . -Each member shall maintain sufficient record of com"liance or exem"tion# co"y furnished the MCLE Committee. +he record re/uired to be "ro'ided to the members by the "ro'ider "ursuant to ection 5(c) of Rule = should be sufficient record of attendance at a "artici"atory acti'ity. & record of non-"artici"atory acti'ity shall also be maintained by the member# as referred to in ection 5 of Rule :. R&le '. NON!COM"LIANCE "ROCEDURE$ EC+I, . hat constitutes non%compliance. -- +he folloing shall constitute non-com"liance* (a) Failure to complete the education requirement within the compliance period; (b) Failure to provide attestation of compliance or exemption;
R&le '. CON$E/UENCE$ O% NON!COM"LIANCE EC+I, . -on%compliance fee. -- & member ho# for hate'er reason# is in non-com"liance at the end of the com"liance "eriod shall "ay a noncom"liance fee. EC. 3. Listing as delinquent mem#er . -- &ny member ho fails to satisfactorily com"ly ith ection 3 of Rule 3 shall be listed as a delin/uent member by the I! oard of Go'ernors u"on the recommendation of the MCLE Committee# in hich case Rule 5=-& of the Rules of Court shall a""ly. R&le '. REIN$TATEMENT EC+I,. . Process. -- +he in'oluntary listing as a delin/uent member shall be terminated hen the member "ro'ides "roof of com"liance ith the MCLE re/uirement# including "ayment of non-com"liance fee. & member may attain the necessary credit hours to meet the re/uirement for the "eriod of non-com"liance during the "eriod the member is on inacti'e status. +hese credit hours may not be counted toard meeting the current com"liance "eriod re/uirement. Credit hours attained during the "eriod of non-com"liance. In excess of the number needed to satisfy the "rior com"liance "eriod re/uirement may be counted toard meeting the current com"liance "eriod re/uirement.
(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period;
EC. 3. 0ermination of delinquent listing administrati)e process. -- +he termination of listing as a delin/uent member is administrati'e in nature but it shall be made ith notice and hearing by the MCLE Committee.
(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a non-compliance notice;
R&le '5. MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE
(e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.
EC. 3. -on%compliance notice and /%day period to attain compliance. -- & member failing to com"ly ill recei'e a on-Com"liance otice stating the s"ecific deficiency and ill be gi'en sixty (6<) days from the date of notification to ex"lain the deficiency or otherise sho com"liance ith the re/uirements. uch notice shall contain# among other things# the folloing language in ca"ital letters* YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELIQUENT MEMBER.
+he Member may use this "eriod to attain the ade/uate number of credit hours for com"liance. Credit hours earned during this "eriod may only be counted toard com"liance ith the "rior com"liance "eriod re/uirement unless hours in excess of the re/uirement are earned# in hich case the excess hours may be counted toard meeting the current com"liance "eriod re/uirement.
EC+I, . Composition. -- +he MCLE Committee shall be com"osed of fi'e (:) members# namely# a retired %ustice of the u"reme Court# as Chair# and four (8) members res"ecti'ely nominated by the I!# the !hili""ine %udicial &cademy# a la center designated by the u"reme Court and associations of la schools and@or la "rofessors. +he members of the Committee shall be of "ro'en "robity and integrity. +hey shall be a""ointed by the u"reme Court for a term of three (5) years and shall recei'e such com"ensation as may be determined by the Court. EC. 3. 1uty of the Committee . -- +he MCLE Committee shall administer and ado"t such im"lementing rules as may be necessary sub1ect to the a""ro'al by the u"reme Court. It shall# in consultation ith the I! oard of Go'ernors# "rescribe a schedule of MCLE fees ith the a""ro'al of the u"reme Court. EC. 5. 2taff of the IBP . -- shall em"loy such staff as may be necessary to "erform the record0ee"ing# auditing# re"orting# a""ro'al and other necessary functions. EC. 8. 2u#mission of annual #udget . -- +he I! shall submit to the u"reme Court an annual budget for a subsidy to establish# o"erate and maintain the MCLE !rogram. +his resolution shall ta0e effect on the first of ,ctober 3<<<# folloing its "ublication in to (3)
n es"a"ers of gene ral circulati on in the !hil i""ines.
&do"ted this 33nd day of &ugust# 3<<<.
