BAR
MATTER NO. 850
[October
02,
2001]
MANDATORY
CONTINUING
LEGAL EDUCATION (MCLE)
RESOLUTION
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:chanroblesvirtuallawlibrary
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.chan
robles virtual law library
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.cralaw:red
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:chanroblesvirtuallawlibrary
(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.chan
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SEC. 2. Compliance
Groups. - Members of the IBP not exempt from the MCLE requirement
shall
be divided into three (3) compliance groups, namely:chanroblesvirtuallawlibrary
(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.cralaw:red
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.cralaw:red
(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
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 lawyer’s 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.
PARTICIPANT/
ATTENDEE
|
1
CU PER HOUR OF ATTENDANCE
|
CERTIFICATE
OF ATTENDANCE WITH NUMBER OF HOURS
|
1.2
LECTURER RESOURCE SPEAKER
|
FULL
CU FOR THE SUBJECT PER COMPLIANCE PERIOD
|
PHOTOCOPY
OF PLAQUE OR SPONSOR’S CERTIFICATION
|
1.3
PANELIST/REACTOR
COMMENTATOR/
MODERATOR/
COORDINATOR/
FACILITATOR
|
½
OF CU FOR THE SUBJECT PER COMPLIANCE PERIOD
|
CERTIFICATION
FROM SPONSORING ORGANIZATION
|
2. AUTHORSHIP,
EDITING AND REVIEW
|
2.1
LAW BOOK OF NOT LESS THAN 100 PAGES
|
FULL
CU FOR THE SUBJECT PER COMPLIANCE PERIOD
|
PUBLISHED
BOOK
|
2.2
BOOK EDITOR
|
½
OF THE CU OF AUTHORSHIP CATEGORY
|
PUBLISHED
BOOK WITH PROOF AS EDITOR
|
2.3
RESEARCH PAPER
INNOVATIVE
PROGRAM/
CREATIVE
PROJECT
|
½
OF CU FOR THE SUBJECT PER COMPLIANCE PERIOD
|
DULY
CERTIFIED/PUBLISHED TECHNICAL REPORT/PAPER
|
2.4
LEGAL ARTICLE OF AT LEAST TEN (10) PAGES
|
½
OF CU FOR THE SUBJECT PER COMPLIANCE PERIOD
|
PUBLISHED
ARTICLE
|
2.5
LEGAL NEWSLETTER/
LAW
JOURNAL EDITOR
|
1
CU PER ISSUE
|
PUBLISHED
NEWSLETTER/JOURNAL
|
2.6
PROFESSORIAL CHAIR/
BAR
REVIEW LECTURE
LAW
TEACHING/
|
FULL
CU FOR THE SUBJECT PER COMPLIANCE PERIOD
|
CERTIFICATION
OF LAW DEAN OR BAR REVIEW DIRECTOR
|
RULE
5
CATEGORIES
OF
CREDIT UNITS
SECTION 1. Classes
of credit units
. -Credit units are either
participatory
or non-participatory.cralaw:red
SEC. 2. Claim
for participatory credit units
. - Participatory credit units
may be claimed for:chanroblesvirtuallawlibrary
(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.chan
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(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:chanroblesvirtuallawlibrary
(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 member's practice or
employment.
(b) Editing
a law
book, law journal or legal newsletter.
RULE
6
COMPUTATION
OF
CREDIT HOURS
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.cralaw:red
RULE
7
EXEMPTIONS
SECTION 1. Parties
exempted from the MCLE. - The following members of the Bar are
exempt
from the MCLE requirement:chanroblesvirtuallawlibrary
(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;chan
robles virtual law library
(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:chanroblesvirtuallawlibrary
(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.cralaw:red
SEC. 5. Proof
of exemption. - Applications for exemption from or modification of
the MCLE requirement shall be under oath and supported by documents.cralaw:red
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.cralaw:red
SEC. 2. Standards
for all education activities. - All continuing legal education
activities
must meet the following standards:chanroblesvirtuallawlibrarychan
robles virtual law library
(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 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.cralaw:red
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:chanroblesvirtuallawlibrary
(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 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 MCLE COMMITTEE.
(b) The
provider
shall certify that:chanroblesvirtuallawlibrary
(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
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.chan
robles virtual law library
(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.cralaw:red
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.cralaw:red
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 member's compliance period.cralaw:red
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.cralaw:red
RULE
12
NON-COMPLIANCE
PROCEDURES
SECTION 1. What
constitutes non-compliance. - The following shall constitute
non-compliance:chanroblesvirtuallawlibrary
(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;chan
robles virtual law library
(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:chanroblesvirtuallawlibrary
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.chan
robles virtual law library
RULE
13
CONSEQUENCES
OF NON-COMPLIANCE
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.cralaw:red
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 IBP's
Commission on Bar Discipline as a fact-finding arm of the MCLE
Committee.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.chan
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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.cralaw:red
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.chan
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This resolution shall
take effect on the fifteenth of September 2000, following its
publication
in two (2) newspapers of general circulation in the Philippines.cralaw:red
Adopted this 22nd
day of August, 2000, as amended on 02 October 2001
.cralaw:red
Davide,
Jr.,
C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza,
Panganiban,
Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and
De Leon, Jr., JJ., concur.
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