Bar Matter No 850

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BAR MATTER NO.

850
[August 22, 2000]

(c) At least five (5) hours shall be devoted to alternative


dispute resolution.

MANDATORY CONTINUING LEGAL EDUCATION


(MCLE)

(d) At least nine (9) hours shall be devoted to updates on


substantive and procedural laws, and jurisprudence.

ADOPTING THE RULES ON MANDATORY


CONTINUING
LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES

(e) At least four (4) hours shall be devoted to legal writing


and oral advocacy.
(f) At least two (2) hours shall be devoted to international law
and international conventions.

EN BANC
(g) The remaining six (6) hours shall be devoted to such
subjects as may be prescribed by the MCLE Committee.

RE SOLUTION
Considering the Rules on 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 adopt, as it hereby adopts, the
following
rules
for
proper
implementation:chanroblesvirtuallawlibrary

RULE 3
COMPLIANCE PERIOD
Section 1. Initial compliance period
The initial compliance period shall begin not later than three
(3) months from the constitution of the MCLE Committee.
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.

RULE 1
PURPOSE
Section 1. Purpose of the MCLE

Section 2. Compliance Group 1.


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.

Members in the National Capital Region (NCR) or Metro


Manila shall be permanently assigned to Compliance Group
1.
Section 3. Compliance Group 2.

RULE 2
MANDATORY CONTINUING LEGAL EDUCATION

Members in Luzon outside NCR shall be permanently


assigned to Compliance Group 2.

Section 1. Constitution of the MCLE Committee

Section 4. Compliance Group 3.

Within two (2) months from the approval of these Rules by


the Supreme Court En Banc, the MCLE Committee shall be
constituted in accordance with these Rules.

Members in Visayas and Mindanao shall be permanently


assigned to Compliance Group 3.

Section 2. Requirements of completion of MCLE

Section 5. Compliance period for members admitted or


readmitted after establishment of the program.

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:

Members admitted or readmitted to the Bar after the


establishment of the program shall be permanently assigned
to the appropriate Compliance Group based on their
Chapter membership on the date of admission or
readmission.

(a) At least six (6) hours shall be devoted to legal ethics.


(b) At least (4) hours shall be devoted to trial and pretrial
skills.

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.

2.1 RESEARCH/
5-10 CREDIT UNITS
DULY
CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL
REPORT/PAPER PROGRAM/CREATIVE PROJECT
2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE
AUTHOR
12-16
CU
17-20
CU
2
AUTHORS
10-12
CU
13-16
CU
3 OR MORE 5-6 CU 7-11 CU

(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.

2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED


BOOK WITH PROOF AUTHORSHIP AS EDITOR
CATEGORY chan robles virtual law library

(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.

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE


SINGLE
AUTHOR
6
CU
8
CU
2 AUTHORS 4 CU 6 CU chan robles virtual law library
3 OR MORE 2 CU 4 CU chan robles virtual law library
2.5 LEGAL 3-6 CU PER
NEWSLETTER/JOURNAL
JOURNAL EDITOR

RULE 4
COMPUTATION OF CREDIT UNITS

ISSUE PUBLISHED
NEWSLETTER/LAW

Section 1. Guidelines

3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION


OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR
BAR
REVIEW
DIRECTOR
REVIEW/
HOUR
LECTURE/LAW TEACHING

The following are the guidelines for computation of credit


units (CU):chanroblesvirtuallawlibrary

Section 2. Limitation on certain credit units chan robles


virtual law library

PROGRAMS CREDIT UNITS SUPPORTING


DOCUMENTS

In numbers 2 and 3 of the guidelines in the preceding


Section, the total maximum credit units shall not exceed
twenty (20) hours per three (3) years.

1. SEMINARS, CONVENTIONS, CONFERENCES,


SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,
WORKSHOPS,
DIALOGUES,
ROUND
TABLE
DISCUSSIONS BY APPROVED PROVIDERS UNDER
RULE 7 AND OTHER RELATED RULES

RULE 5
CATEGORIES OF CREDIT

1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF


ATTENDANCE WITH NUMBER OF HOURS

Section 1. Classes of credits


The credits are either participatory or non-participatory.

1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF


PLAQUE OR SPONSOR'S CERTIFICATION

Section 2. Claim for participatory credit

1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF


PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION

Participatory credit may be claimed for:


(a) Attending approved education activities like seminars,
conferences, symposia, in-house education programs,
workshops, dialogues or round table discussions.

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION


FROM SPONSORING PENALIST/ ORGANIZATION
REACTOR/COMMENTATOR

(b) Speaking or lecturing, or acting as assigned panelist,


reactor, commentator, resource speaker, moderator,
coordinator or facilitator in approved education activities.

1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION


FROM
SPONSORING
COORDINATOR/
ORGANIZATION FACILITATOR

(c) Teaching in a law school or lecturing in a bar review class.

2. AUTHORSHIP, EDITING AND REVIEW

Section 3. Claim for non-participatory credit

Non-participatory credit may be claimed per compliance


period for:chanroblesvirtuallawlibrary

(h) The Ombudsman, the Overall Deputy Ombudsman, the


Deputy Ombudsmen and the Special Prosecutor of the Office
of the Ombudsman;

(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.

(i) Heads of government agencies exercising quasi-judicial


functions;
(j) Incumbent deans, bar reviews and professors of law who
have teaching experience for at least 10 years accredited law
schools;

(b) Editing a law book, law journal or legal newsletter.


(k) The Chancellor, Vice-Chancellor and members of the
Corps of Professors and Professorial Lectures of the
Philippine Judicial Academy; and

RULE 6
COMPUTATION OF CREDIT HOURS
Section 1. Computation of credit hours

(l) Governors and Mayors.

Credit hours are computed based on actual time spent in an


activity (actual instruction or speaking time), in hours to the
nearest one-quarter hour.

Section 2. Other parties exempted from the MCLE


The following Members of the Bar are likewise exempt:

RULE 7
EXEMPTIONS

(a) Those who are not in law practice, private or public.

Section 1. Parties exempted from the MCLE

(b) Those who have retired from law practice with the
approval of the IBP Board of Governors.

The following members of the Bar are exempt from the


MCLE requirement:

Section 3. Good cause for exemption from or modification of


requirement

(a) The President and the Vice President of the Philippines,


and the Secretaries and Undersecretaries of Executives
Departments; chan robles virtual law library

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.

(b) Senators and Members of the House of Representatives;


chan robles virtual law library
(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;

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.

(d) The Chief State Counsel, Chief State Prosecutor and


Assistant Secretaries of the Department of Justice;

Section 5. Proof of exemption

(e) The Solicitor General and the Assistant Solicitor


General;

Applications for exemption from or modification of the


MCLE requirement shall be under oath and supported by
documents.

(f) The Government Corporate Counsel, Deputy and


Assistant Government Corporate Counsel;

RULE 8
STANDARDS FOR APPROVAL OF EDUCATION
ACTIVITIES

(g) The Chairmen and Members of the Constitutional


Commissions;

Section 1. Approval of MCLE program

Subject to the rules as 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 approved provider and certifies that the
activity meets the criteria of Section 3 of this Rules; and (2)
the provider is specially mandated by law to provide
continuing legal education.

Section 3. Requirements of all providers


All approved 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 IBP.

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
provider
that:chanroblesvirtuallawlibrary

(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.

shall

certify

(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;

(c) The activity shall be conducted by a provider with


adequate professional experience.

(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.

(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.

(c) The provider shall issue a record or certificate to all


participants identifying the time, date, location, subject
matter and length of the activity.

(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. chan robles virtual law library

(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.

RULE 9
APPROVAL OF PROVIDERS

(e) The provider shall indicate in promotional 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 participant a copy of IBP-approved
Education Activity Evaluation Form. chan robles virtual law
library

Section 1. Approval of providers


Approval of providers shall be done by the MCLE
Committee.
Section 2. Requirements for approval of providers

(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.

Any persons or group may be approved 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
approved providers. Application for approval shall:
(a) Be submitted on a form provided by 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.

(b) Contain all information requested on the form;

Section 4. Renewal of provider approval

(c) Be accompanied by the approval fee.

The approval 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.

(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 a non-compliance notice; chan robles virtual law
library

Section 5. Revocation of provider approval


The approval of any provider referred to in Rule 9 may be
revoked by a majority vote of the IBP Board of Governors,
upon recommendation of the MCLE Committee, after notice
and hearing and for good cause.

(e) Any other act or omission analogous to any of the


foregoing or intended to circumvent or evade compliance
with the MCLE requirements. chan robles virtual law
library

RULE 10
ACTIVITY AND PROVIDER APPROVAL FEE

Section 2. Non-compliance notice and 60-day period to attain


compliance

Section 1. Payment of fees

A member 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 explain the
deficiency or otherwise show compliance with the
requirements. Such notice shall contain, among other things,
the following language in capital letters:

Application for approval of an education activity or as a


provider requires payment of an appropriate fee.
RULE 11
GENERAL COMPLIANCE PROCEDURES
Section 1. Compliance card

YOUR
FAILURE
TO
PROVIDE
ADEQUATE
JUSTIFICATION FOR NON-COMPLIANCE OR PROOF
OF COMPLIANCE WITH THE MCLE REQUIREMENT
BY (INSERT DATE 60 DAYS FROM THE DATE OF
NOTICE), SHALL BE A CAUSE FOR LISTING AS A
DELINQUENT MEMBER.

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 address indicated
therein not later than the day after the end of the member's
compliance period.

The Member may use this period to attain the adequate


number of credit hours for compliance. Credit hours earned
during this period may only be counted toward compliance
with the prior compliance period requirement unless hours
in excess of the requirement are earned, in which case, the
excess hours may be counted toward meeting the current
compliance period requirement.

Section 2. Member record keeping requirement chan robles


virtual law library
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
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 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.

RULE 12
NON-COMPLIANCE PROCEDURES

Section 2. Listing as delinquent member


Section 1. What constitutes non-compliance

(a) Failure to complete the education requirement within the


compliance period;

Any member who fails to satisfactorily comply with Section 2


of Rule 12 shall be listed as a delinquent member by the IBP
Board of Governors upon the recommendation of the MCLE
Committee, in which case, Rule 139-A of the Rules of Court
shall apply.

(b) Failure to provide attestation of compliance or


exemption;

RULE 14
REINSTATEMENT

The following shall constitute non-compliance:

Section 1. Process

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.

The involuntary listing as a delinquent member shall be


terminated when the member provides proof of compliance
with the MCLE requirement, including payment of noncompliance fee. A member may attain the necessary credit
hours to meet the requirement for the period of noncompliance during the period the member is on inactive
status. These credit hours may not be counted toward
meeting the current 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 counted toward meeting the current
compliance period requirement. chan robles virtual law
library

Section 2. Duty of the Committee


The MCLE Committee shall administer and adopt such
implementing rules as may be necessary subject to the
approval by 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 IBP chan robles virtual law library
The IBP shall employ such staff as may be necessary to
perform the record-keeping, auditing, reporting, approval
and other necessary functions.

Section 2. Termination of delinquent listing administrative


process
The termination of listing as a delinquent member is
administrative in nature but it shall be made with notice and
hearing by the MCLE Committee.

Section 4. Submission of annual budget


The IBP shall submit to the Supreme Court an annual
budget for a subsidy to establish, operate and maintain the
MCLE Program.

RULE 15
MANDATORY CONTINUING LEGAL EDUCATION
COMMITTEE

This resolution shall take effect in October 2000, following its


publication in two (2) newspaper of general circulation in the
Philippines.

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.

Adopted this 22nd day of August, 2000.

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