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Mcle

The document outlines rules for the mandatory continuing legal education (MCLE) program for members of the Integrated Bar of the Philippines. It establishes requirements for members to complete 36 hours of continuing legal education every 3 years, including minimum hours in various subject areas. It also defines compliance periods and groups, and guidelines for computing credit units for different education activities.
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0% found this document useful (0 votes)
82 views

Mcle

The document outlines rules for the mandatory continuing legal education (MCLE) program for members of the Integrated Bar of the Philippines. It establishes requirements for members to complete 36 hours of continuing legal education every 3 years, including minimum hours in various subject areas. It also defines compliance periods and groups, and guidelines for computing credit units for different education activities.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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B.M. No.

850     August 22, 2000 (f) At least two (2) hours shall be devoted to
international law and international conventions.
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
ADOPTING THE RULES ON MANDATORY CONTINUING (g) The remaining six (6) hours shall be devoted to
LEGAL EDUCATION FOR MEMBERS OF THE such subjects as may be prescribed by the MCLE
INTEGRATED BAR OF THE PHILIPPINES Committee.

EN BANC RULE 3
COMPLIANCE PERIOD
RESOLUTION
Section 1. Initial compliance period
Considering the Rules on Mandatory Continuing Legal
Education (MCLE) for members of the Integrated Bar of the The initial compliance period shall begin not later than three (3)
Philippines (IBP), recommended by the IBP, endorsed by the months from the constitution of the MCLE Committee. Except
Philippine Judicial Academy, and reviewed and passed upon for the initial compliance period for members admitted or
by the Supreme Court Committee on Legal Education, the readmitted after the establishment of the program, all
Court hereby resolves to adopt, as it hereby adopts, the compliance periods shall be for thirty-six (36) months and shall
following rules for proper implementation: begin the day after the end of the previous compliance period.

RULE 1 Section 2. Compliance Group 1.


PURPOSE
Members in the National Capital Region (NCR) or Metro Manila
Section 1. Purpose of the MCLE shall be permanently assigned to Compliance Group 1.

Continuing legal education is required of members of the Section 3. Compliance Group 2.


Integrated Bar of the Philippines (IBP) to ensure that
throughout their career, they keep abreast with law and Members in Luzon outside NCR shall be permanently assigned
jurisprudence, maintain the ethics of the profession and to Compliance Group 2.
enhance the standards of the practice of law.
Section 4. Compliance Group 3.
RULE 2
MANDATORY CONTINUING LEGAL EDUCATION
Members in Visayas and Mindanao shall be permanently
assigned to Compliance Group 3.
Section 1. Constitution of the MCLE Committee
Section 5. Compliance period for members admitted or
Within two (2) months from the approval of these Rules by the readmitted after establishment of the program.
Supreme Court En Banc, the MCLE Committee shall be
constituted in accordance with these Rules.
Members admitted or readmitted to the Bar after the
establishment of the program shall be permanently assigned to
Section 2. Requirements of completion of MCLE the appropriate Compliance Group based on their Chapter
membership on the date of admission or readmission.
Members of the IBP not exempt under Rule 7 shall complete,
every three (3) years, at least thirty-six (36) hours of continuing The initial compliance period after admission or readmission
legal education activities approved by the MCLE Committee. shall begin on the first day of the month of admission or
Of the 36 hours: readmission and shall end on the same day as that of all other
members in the same Compliance Group.
(a) At least six (6) hours shall be devoted to legal
ethics. (a) Where four (4) months or less remain of the initial
compliance period after admission or readmission, the
(b) At least (4) hours shall be devoted to trial and member is not required to comply with the program
pretrial skills. requirement for the initial compliance.

(c) At least five (5) hours shall be devoted to (b) Where more than four (4) months remain of the
alternative dispute resolution. initial compliance period after admission or
readmission, the member shall be required to
(d) At least nine (9) hours shall be devoted to updates complete a number of hours of approved continuing
on substantive and procedural laws, and legal education activities equal to the number of
jurisprudence. 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
(e) At least four (4) hours shall be devoted to legal education in legal ethics in proportion to the number
writing and oral advocacy. of months remaining in the compliance period.
Fractions of hours shall be rounded up to the next
whole number.
RULE 4 3. PROFESSIONAL 6 CU PER CHAIR
COMPUTATION OF CREDIT UNITS CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU
PER LECTURE OR BAR REVIEW DIRECTOR
Section 1. Guidelines REVIEW/ HOUR LECTURE/LAW TEACHING

The following are the guidelines for computation of credit units Section 2. Limitation on certain credit units
(CU):
In numbers 2 and 3 of the guidelines in the preceding Section,
PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS the total maximum credit units shall not exceed twenty (20)
hours per three (3) years.
1. SEMINARS, CONVENTIONS, CONFERENCES,
SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, RULE 5
WORKSHOPS, DIALOGUES, ROUND TABLE CATEGORIES OF CREDIT
DISCUSSIONS BY APPROVED PROVIDERS
UNDER RULE 7 AND OTHER RELATED RULES Section 1. Classes of credits

1.1 PARTICIPANT 1 CU PER HOUR The credits are either participatory or non-participatory.
CERTIFICATE OF ATTENDANCE WITH
NUMBER OF HOURS Section 2. Claim for participatory credit

1.2 LECTURER 5 CU PER HOUR Participatory credit may be claimed for:


PHOTOCOPY OF PLAQUE OR
SPONSOR'S CERTIFICATION
(a) Attending approved education activities like
seminars, conferences, symposia, in-house education
1.3 RESOURCE 3 CU PER HOUR programs, workshops, dialogues or round table
PHOTOCOPY OF PLAQUE OR discussions.
SPONSOR'S SPEAKER CERTIFICATION
(b) Speaking or lecturing, or acting as assigned
1.4 ASSIGNED 2 CU PER HOUR panelist, reactor, commentator, resource speaker,
CERTIFICATION FROM SPONSORING moderator, coordinator or facilitator in approved
PENALIST/ ORGANIZATION education activities.
REACTOR/COMMENTATOR
(c) Teaching in a law school or lecturing in a bar
1.5 MODERATOR/ 2 CU PER HOUR review class.
CERTIFICATION FROM SPONSORING
COORDINATOR/ ORGANIZATION
FACILITATOR Section 3. Claim for non-participatory credit

2. AUTHORSHIP, EDITING AND REVIEW Non-participatory credit may be claimed per compliance period
for:
2.1 RESEARCH/ 5-10 CREDIT UNITS DULY
CERTIFIED/PUBLISHED INNOVATIVE (a) Preparing, as an author or co-author, written
TECHNICAL REPORT/PAPER materials published or accepted for publication, e.g.,
PROGRAM/CREATIVE PROJECT 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
2.2 BOOK 50-100 PP 101+ PUBLISHED course of the member's practice or employment.
BOOK SINGLE AUTHOR 12-16 CU 17-20
CU
2 AUTHORS 10-12 CU 13-16 CU (b) Editing a law book, law journal or legal newsletter.
3 OR MORE 5-6 CU 7-11 CU
RULE 6
2.3 BOOK EDITOR 1/2 OF THE CU OF COMPUTATION OF CREDIT HOURS
PUBLISHED BOOK WITH PROOF
AUTHORSHIP AS EDITOR CATEGORY Section 1. Computation of credit hours

2.4 LEGAL ARTICLE 5-10 PP 11+ Credit hours are computed based on actual time spent in an
PUBLISHED ARTICLE SINGLE AUTHOR 6 activity (actual instruction or speaking time), in hours to the
CU 8 CU nearest one-quarter hour.
2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU RULE 7
EXEMPTIONS
2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED
NEWSLETTER/JOURNAL Section 1. Parties exempted from the MCLE
NEWSLETTER/LAW JOURNAL EDITOR
The following members of the Bar are exempt from the MCLE compliance with or modification of any of the requirements,
requirement: including an extension of time for compliance, in accordance
with a procedure to be established by the MCLE Committee.
(a) The President and the Vice President of the
Philippines, and the Secretaries and Undersecretaries Section 4. Change of status
of Executives Departments;
The compliance period shall begin on the first day of the month
(b) Senators and Members of the House of in which a member ceases to be exempt under Sections 1, 2,
Representatives; or 3 of this Rule and shall end on the same day as that of all
other members in the same Compliance Group.
(c) The Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members of Section 5. Proof of exemption
the judiciary, incumbent members of the Judicial and
Bar Council and incumbent court lawyers covered by Applications for exemption from or modification of the MCLE
the Philippine Judicial Academy program of continuing requirement shall be under oath and supported by documents.
judicial education;
RULE 8
(d) The Chief State Counsel, Chief State Prosecutor STANDARDS FOR APPROVAL OF EDUCATION
and Assistant Secretaries of the Department of ACTIVITIES
Justice;
Section 1. Approval of MCLE program
(e) The Solicitor General and the Assistant Solicitor
General;
Subject to the rules as may be adopted by the MCLE
Committee, continuing legal education program may be
(f) The Government Corporate Counsel, Deputy and granted approval in either of two (2) ways: (1) the provider of
Assistant Government Corporate Counsel; the activity is an approved provider and certifies that the
activity meets the criteria of Section 3 of this Rules; and (2) the
(g) The Chairmen and Members of the Constitutional provider is specially mandated by law to provide continuing
Commissions; legal education.

(h) The Ombudsman, the Overall Deputy Section 2. Standards for all education activities
Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the Ombudsman; All continuing legal education activities must meet the following
standards:
(i) Heads of government agencies exercising quasi-
judicial functions; (a) The activity shall have significant current
intellectual or practical content.
(j) Incumbent deans, bar reviews and professors of
law who have teaching experience for at least 10 (b) The activity shall constitute an organized program
years accredited law schools; of learning related to legal subjects and the legal
profession, including cross profession activities (e.g.,
(k) The Chancellor, Vice-Chancellor and members of accounting-tax or medical-legal) that enhance legal
the Corps of Professors and Professorial Lectures of skills or the ability to practice law, as well as subjects
the Philippine Judicial Academy; and in legal writing and oral advocacy.

(l) Governors and Mayors. (c) The activity shall be conducted by a provider with
adequate professional experience.
Section 2. Other parties exempted from the MCLE
(d) Where the activity is more than one (1) hour in
The following Members of the Bar are likewise exempt: length, substantive written materials must be
distributed to all participants. Such materials must be
distributed at or before the time the activity is offered.
(a) Those who are not in law practice, private or
public.
(e) In-house education activities must be scheduled at
a time and location so as to be free from interruption
(b) Those who have retired from law practice with the like telephone calls and other distractions.
approval of the IBP Board of Governors.
RULE 9
Section 3. Good cause for exemption from or modification of APPROVAL OF PROVIDERS
requirement
Section 1. Approval of providers
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 Approval of providers shall be done by the MCLE Committee.
Section 2. Requirements for approval of providers not less than one (1) year after the activity, copy
furnished the IBP.
Any persons or group may be approved as a provider for a
term of two (2) years, which may be renewed, upon written (g) Any person or group who conducts an
application. All providers of continuing legal education unauthorized activity under this program or issues a
activities, including in-house providers, are eligible to be spurious certificate in violation of these Rules shall be
approved providers. Application for approval shall: subject to appropriate sanctions.

(a) Be submitted on a form provided by the IBP; Section 4. Renewal of provider approval

(b) Contain all information requested on the form; The approval of a provider may be renewed every two (2)
years. It may be denied if the provider fails to comply with any
(c) Be accompanied by the approval fee; of the requirements of these Rules or fails to provide
satisfactory education activities for the preceding period.
Section 3. Requirements of all providers
Section 5. Revocation of provider approval
All approved providers shall agree to the following:
The approval of any provider referred to in Rule 9 may be
revoked by a majority vote of the IBP Board of Governors,
(a) An official record verifying the attendance at the upon recommendation of the MCLE Committee, after notice
activity shall be maintained by the provider for at least and hearing and for good cause.
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 RULE 10
obtained at the time of attendance at the activity. The ACTIVITY AND PROVIDER APPROVAL FEE
official record of attendance shall contain the
member's name and number in the Roll of Attorneys Section 1. Payment of fees
and shall identify the time, date, location, subject
matter, and length of the education activity. A copy of Application for approval of an education activity or as a
such record shall be furnished the IBP. provider requires payment of an appropriate fee.

(b) The provider shall certify that: RULE 11


GENERAL COMPLIANCE PROCEDURES
(1) This activity has been approved for
MCLE by the IBP in the amount of ________ Section 1. Compliance card
hours of which hours will apply in (legal
ethics, etc.), as appropriate to the content of
the activity; 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
(2) The activity conforms to the standards for complied with the education requirement or that he is exempt,
approved education activities prescribed by specifying the nature of the exemption. Such Compliance Card
these Rules and such regulations as may be must be returned to the address indicated therein not later than
prescribed by the IBP pertaining to MCLE. the day after the end of the member's compliance period.

(c) The provider shall issue a record or certificate to Section 2. Member record keeping requirement
all participants identifying the time, date, location,
subject matter and length of the activity.
Each member shall maintain sufficient record of compliance or
exemption, copy furnished the MCLE Committee. The record
(d) The provider shall allow in-person observation of required to be provided to the members by the provider
all approved continuing legal education activities by pursuant to Section 3(c) of Rule 9 should be sufficient record of
members of the IBP Board of Governors, the MCLE attendance at a participatory activity. A record of non-
Committee, or designees of the Committee and IBP participatory activity shall also be maintained by the member,
staff for purposes of monitoring compliance with these as referred to in Section 3 of Rule 5.
Rules.
RULE 12
(e) The provider shall indicate in promotional NON-COMPLIANCE PROCEDURES
materials, the nature of the activity, the time devoted
to each devoted to each topic and identify of the
instructors. The provider shall make available to each Section 1. What constitutes non-compliance
participant a copy of IBP-approved Education Activity
Evaluation Form. The following shall constitute non-compliance

(f) The provider shall maintain the completed (a) Failure to complete the education requirement
Education Activity Evaluation Forms for a period of within the compliance period;
(b) Failure to provide attestation of compliance or with the MCLE requirement, including payment of non-
exemption; compliance fee. A member may attain the necessary credit
hours to meet the requirement for the period of non-compliance
(c) Failure to provide satisfactory evidence of during the period the member is on inactive status. These
compliance (including evidence of exempt status) credit hours may not be counted toward meeting the current
within the prescribed period; compliance period requirement. Credit hours attained during
the period of non-compliance in excess of the number needed
to satisfy the prior compliance period requirement may be
(d) Failure to satisfy the education requirement and counted toward meeting the current compliance period
furnish evidence of such compliance within sixty (60) requirement.lawphil.net
days from receipt of a non-compliance notice;
Section 2. Termination of delinquent listing administrative
(e) Any other act or omission analogous to any of the process
foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
The termination of listing as a delinquent member is
administrative in nature but it shall be made with notice and
Section 2. Non-compliance notice and 60-day period to attain hearing by the MCLE Committee.
compliance
RULE 15
A member failing to comply will receive a Non-Compliance MANDATORY CONTINUING LEGAL EDUCATION
Notice stating the specific deficiency and will be given sixty COMMITTEE
(60) days from the date of notification to explain the deficiency
or otherwise show compliance with the requirements. Such
notice shall contain, among other things, the following Section 1. Composition
language in capital letters:
The MCLE Committee shall be composed of five (5) members,
YOUR FAILURE TO PROVIDE ADEQUATE namely: a retired Justice of the Supreme Court, as Chair, and
JUSTIFICATION FOR NON-COMPLIANCE OR four (4) members, respectively, nominated by the IBP, the
PROOF OF COMPLIANCE WITH THE MCLE Philippine Judicial Academy, a law center designated by the
REQUIREMENT BY (INSERT DATE 60 DAYS FROM Supreme Court and associations of law schools and/or law
THE DATE OF NOTICE), SHALL BE A CAUSE FOR professors.
LISTING AS A DELINQUENT MEMBER.
The members of the Committee shall be of proven probity and
The Member may use this period to attain the adequate integrity. They shall be appointed by the Supreme Court for a
number of credit hours for compliance. Credit hours earned term of three (3) years and shall receive such compensation as
during this period may only be counted toward compliance with may be determined by the Court.
the prior compliance period requirement unless hours in
excess of the requirement are earned, in which case, the Section 2. Duty of the Committee
excess hours may be counted toward meeting the current
compliance period requirement.lawphil.net The MCLE Committee shall administer and adopt such
implementing rules as may be necessary subject to the
RULE 13 approval by the Supreme Court. It shall, in consultation with the
CONSEQUENCES OF NON-COMPLIANCE IBP Board of Governors, prescribe a schedule of MCLE fees
with the approval of the Supreme Court.
Section 1. Non-compliance fee
Section 3. Staff of the IBP
A member who, for whatever reason, is in non-compliance at
the end of the compliance period shall pay a non-compliance The IBP shall employ such staff as may be necessary to
fee. perform the record-keeping, auditing, reporting, approval and
other necessary functions.
Section 2. Listing as delinquent member
Section 4. Submission of annual budget
Any member who fails to satisfactorily comply with Section 2 of
Rule 12 shall be listed as a delinquent member by the IBP The IBP shall submit to the Supreme Court an annual budget
Board of Governors upon the recommendation of the MCLE for a subsidy to establish, operate and maintain the MCLE
Committee, in which case, Rule 139-A of the Rules of Court Program.
shall apply.
This resolution shall take effect in October 2000, following its
RULE 14 publication in two (2) newspaper of general circulation in the
REINSTATEMENT Philippines.

Section 1. Process Adopted this 22nd day of August, 2000.

The involuntary listing as a delinquent member shall be


terminated when the member provides proof of compliance
  
  d.     xxx
“Bar Matter No. 850. – Re: Proposed Rules on Mandatory Continuing   e.     xxx
Legal Education for Active Members of the IBP. – Acting on the f.  xxx
Letter dated 18 June 2003 of Chairperson Carolina C. Griño-Aquino, g.  xxx.
Mandatory Continuing Legal Education Committee (MCLE),
requesting for the exemption of incumbent members of the MCLE 3)     Section 12, MCLE Implementing Regulations
Office from complying with the MCLE requirements and the
payment of the exemption fee, as well as the approval and  Section 12. Compliance Procedures
publication of the amendments to Bar Matter No. 850 and its a. xxx,
Implementing Regulations, the Court Resolved, upon the b. xxx,
recommendation of the Committee on Legal Education, to c. xxx,
(a) APPROVE the proposed amendments to Bar Matter No. 850 and d. xxx,
its Implementing Regulations, thus:        
e. A member who is in non-compliance at the end of the compliance
1.) Rule 7, Section 1, Bar Matter No. 850 period shall pay a non-compliance fee of P1,000.00 and shall be
listed as a delinquent member of IBP Board of Governors upon the
Rule 7. EXEMPTIONS recommendation of the MCLE Committee, in which case Rule 139-B
   SECTION 1.  Parties exempted from the MCLE. of the Court shall apply. 
- The following members of the Bar are exempt from the MCLE        
requirements: (b) APPROVE the proposed MCLE Forms for the effective
Implementation of the MCLE program, to wit:
a) xxx;
b) xxx; 1.     MCLE Form No. 08 - Certificate of Exemption
c) The Chief Justice and Associate Justices of the Supreme Court, 2.     MCLE Form No. 09 - Application for Exemption
incumbent and retired members of the judiciary, incumbent 3.     MCLE Form No. 10 – Application for Credit Unit/s for
members of Judicial Bar Council, incumbent members of the Participating
Mandatory Continuing Legal Education Committee, incumbent court         in MCLE Activity/Program as Lecturer/ Resource Speaker or
lawyers who have availed of the Philippine Judicial Academy Panelist/ Reactor/ Commentator/ Moderator/
programs of continuing judicial education Coordinator/Facilitator
d) xxx;  4.     MCLE Form No. 11 – Application for Credit Unit/s for Teaching
e) xxx;           at an Accredited Law School 
f) xxx;  5.     MCLE Form No. 12 – Application for Credit Unit/s for
g) xxx; Publication
h) xxx;          of a Legal Article or Book
i) xxx;  6. MCLE Form No. 13 – Certificate of Compliance
j) xxx; and
k) xxx;
l) xxx; (c) direct the Office of the Clerk of Court to cause the publication of
the aforecited provisions of Bar Matter No. 850 and its
2)     Section 5, MCLE Implementing Regulations Implementing Regulations and the MCLE Forms for two (2)
 Section 5.  Exemptions consecutive weeks in a newspaper of general circulation.
 The following are exempted from the MCLE requirements:

a. The Executive 

1. xxx;
2. xxx;
3. xxx;
4. xxx;
5. xxx;

b.     xxx.

c. The Judiciary
The Chief Justice and Associate Justice of the Supreme Court,
Incumbent and retired members of the Judiciary, incumbent
members of the Judicial and Bar Council incumbent members of the
Mandatory Continuing Legal Education Committee, incumbent court
lawyers who have availed of the Philippine Judicial Academy
programs of continuing judicial education.

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