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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:
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.
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.
SECTION 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.
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.
SECTION 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.
SECTION 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.
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 there for.
SECTION 1. Classes of credit units. Credit units are either
participatory
or non-participatory.
SECTION 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.
SECTION 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.
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.
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 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 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.
SECTION 2. Other parties exempted from the MCLE.
The following Members
of the Bar
are likewise exempt:
(a) Those whos 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.
SECTION 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.
SECTION 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.
SECTION 5. Proof of exemption. Applications for exemption from
or
modification of the MCLE
requirement shall be under oath and
supported
by documents.
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.
SECTION 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 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
professiona
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.
SECTION 1. Accreditation of providers. Accreditation of providers
shall be done by
the MCLE Committee.
SECTION 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.
SECTION 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 COMMITTEE-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
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.
SECTION 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.
SECTION 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.
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.
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.
SECTION 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(c) 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.
SECTION 1. What constitutes non-compliance. The following shall
constitute
non-compliance:
(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.
SECTION 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.
SECTION 1. Non-compliance fee. A member who, for whatever reason, is
in
non-compliance at the end of the compliance period shall pay a
non-compliance fee.
SECTION 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.
SECTION 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.
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.
SECTION 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.
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.
SECTION 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.
SECTION 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.
SECTION 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.
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