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HISTORY / BACKGROUND

The obligation of lawyers to undergo a program of continuing legal education program is


sanctioned by Canon 5 of the Code of Professional Responsibility when it states that “A
lawyer should keep abreast of legal developments, participate in continuing legal
education programs…”It is also deemed an integral part of the Integrated Bar of the
Philippines (IBP) mandate because Rule 139-A, Section 2 of the Revised Rules of Court
provides:

“The fundamental purposes of the Integrated Bar shall be to elevate the standards of
the legal profession, improve the administration of justice, and enable the bar to
discharge its public responsibility more effectively.”

Sometime in 1997, during the National Convention of Lawyers in Cebu City, then
Associate Justice Hilario G. Davide, Jr. broached the idea of requiring mandatory
continuing legal education for lawyers. While the idea had always been discussed and
profounded in the past , no concrete action for its adoption was ever taken until 1999
when IBP Board of Governors, then headed by President Jose Aguila Grapilon,
passed a Resolution adopting a draft of rules for MCLE. The IBP forwarded the
draft to the Supreme Court which referred it to the Philippine Judicial Academy
(PHILJA) for study and comment. The PHILJA recommendations were referred to the
Supreme Court Committee on Legal Education, chaired by Justice Jose C. Vitug which
further studied them. Finally, they were submitted to the Supreme Court and on August
22, 2000, the Court en banc adopted Bar Matter No. 850. Thereafter, on December 01,
2001, the Supreme Court approved the MCLE Implementing Regulations, which
paved the way for its full implementation.

Bar Matter No. 850 provides the purpose of MCLE which is: “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.”

The MCLE is administered by a Governing Board composed by 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 Governing Board 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 maybe determined by the Court.

MISSION:
To ensure that all members of the Integrated Bar of the Philippines keep abreast with
law and jurisprudence, maintain the ethics of the profession and enhance the standards
of the practice of law.

VISION:

To facilitate a convenient and efficient process for all lawyers to comply with their
requirements of mandatory continuing legal education.

[B.M. 850.  October 2, 2001] 

MANDATORY CONTINUING LEGAL EDUCATION 

R E S O L U T I O N 
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: 

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. 

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. 
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: 
(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. 
SEC. 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. 
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. 
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. 

Rule 4. COMPUTATION OF CREDIT UNITS(CU) 

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 
1.1 PARTICIPANT/ ATTENDEE  1 CU PER HOUR CERTIFICATE OF
OF ATTENDANCE WITH
ATTENDANCE  NUMBER OF HOURS 
1.2 LECTURER  FULL CU FOR PHOTOCOPY OF PLAQUE
 RESOURCE  THE SUBJECT OR SPONSOR’S
 SPEAKER PER CERTIFICATION
COMPLIANCE
PERIOD 
1.3 PANELIST/REACTOR 1/2 OF CU FOR CERTIFICATION FROM
COMMENTATOR/ MODERATOR/ THE SUBJECT SPONSORING
COORDINATOR/  FACILITATOR PER ORGANIZATION 
COMPLIANCE
PERIOD
2. AUTHORSHIP, EDITING AND REVIEW
2.1 LAW BOOK OF NOT LESS FULL CU FOR PUBLISHED BOOK 
THAN 100 PAGES  THE SUBJECT
PER
COMPLIANCE
PERIOD 
2.2 BOOK EDITOR  1/2 OF THE CU PUBLISHED BOOK WITH
OF AUTHORSHIP PROOF AS EDITOR 
CATEGORY 
2.3 RESEARCH PAPER 1/2 OF CU FOR DULY CERTIFIED/
INNOVATIVE PROGRAM/ THE SUBJECT PUBLISHED TECHNICAL
CREATIVE PROJECT  PER REPORT/PAPER 
COMPLIANCE
PERIOD 
2.4 LEGAL ARTICLE OF AT 1/2 OF CU FOR PUBLISHED ARTICLE 
LEAST TEN (10) PAGES  THE SUBJECT
PER
COMPLIANCE
PERIOD 
2.5 LEGAL NEWSLETTER/ LAW 1 CU PER ISSUE  PUBLISHED
JOURNAL EDITOR  NEWSLETTER/JOURNAL 
2.6 PROFESSORIAL CHAIR/ BAR FULL CU FOR CERTIFICATION OF LAW
REVIEW LECTURE LAW THE SUBJECT DEAN OR BAR REVIEW
TEACHING/  PER DIRECTOR 
COMPLIANCE
PERIOD 

Rule 5. CATEGORIES OF CREDIT UNITS 

SECTION 1. Classes of Credit units. -- Credit units are either participatory or non-
participatory. 
SEC. 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. 
SEC. 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 member’s practice or
employment. 
(b)            Editing a law book, law journal or legal newsletter. 

Rule 6. COMPUTATION OF CREDIT HOURS (CH) 

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. 

Rule 7. EXEMPTIONS 

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
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; 
(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: 
(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. 
SEC. 5. Proof of exemption. - Applications for exemption from or modification of the
MCLE requirement shall be under oath and supported by documents. 

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. 
SEC. 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
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. 
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: 
(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: 

(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. 

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. 

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. 

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. 
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(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. 

Rule 12. NON-COMPLIANCE PROCEDURES 

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. 
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: 
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. 

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. 
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. 
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. 

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. 
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. 
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. 
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. 
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. 
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. 
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. 
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban, Quisumbing,
Pardo, Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur. 
Kapunan, J., on official leave.

MANDATORY CONTINUING LEGAL EDUCATION 


IMPLEMENTING REGULATIONS

Section 1: Definitions

a. Rules – Provisions of Supreme Court Bar Matter 850 on Mandatory Continuing


Legal Education (MCLE).

b. Committee – The Mandatory Continuing Legal Education Committee constituted


in Rule 15 of Bar Matter 850.
c. Implementing Regulations – These regulations adopted by the Committee.

d. Provider – Any person or group accredited by the Committee to provide


continuing legal education activities in accordance with the standards set in Rules 8
and 9.

e. Education Activity – A continuing legal education activity offered by an


accredited provider and approved by the Committee for the relevant compliance
period

f. In-house Education Activity – An education activity offered by a law firm or


legal department of a corporation or government agency comprised of at least 10
lawyers approved by the Committee to provide MCLE for the lawyers of said law firm
or legal department of a corporation or government agency.

g. Special Education Activity – An education activity or program which, because


of its significant value to the practice of members who have sought its approval, has
been approved by the Committee for such members under Section 2(g), Rule 2.

h. Credit Units – The measure of compliance with the MCLE requirement under
the Rules based on the category of the lawyer’s participation in the MCLE activity.

i. Credit Hours – Actual time spent in an education activity (actual instruction,


speaking time or participation) computed in hours to the nearest one-quarter hour (15
minutes) reported in decimals. 

Section 2: Minimum Education Requirement

Subject to the exemptions listed in Sections 1 and 2, Rule 7 of the Rules, every
member of the IBP must complete at least thirty-six (36) credit units of mandatory
continuing legal education (MCLE) every three (3) years during the compliance period
as provided in Rule 2 and these Implementing Regulations.

Section 3: Compliance Period 

The initial compliance period shall be from April 15, 2001 up to April 14, 2004. All
succeeding compliance periods shall begin the day after the end of the preceding
compliance period. The initial compliance period for members newly admitted or
readmitted to the IBP 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.
Section 4: Computation of Credit Units

Credit units will be given for time spent in an approved education activity based on
the category of the lawyer’s participation therein, as provided in Section 1, Rule 4 of the
Rules.

a. General Standard of Computation

1. Credit units will be given only for time spent in legal education activities
which have been previously approved by the Committee and conducted by an
accredited provider.

2. Credit units will be given in accordance with Section 1 of Rule 4.

3. Every approved education activity shall be conducted for at least one


hour. However, if it should exceed one hour, one-half credit unit shall be given for
every half hour beyond the initial hour.

b. In-house Education Activity

An in-house education activity must be approved by the Committee before a


lawyer may earn any credit unit for participation therein.

Section 5: Exemptions

The following are exempted from the MCLE requirement:

a. The Executive

1. The President, Vice-President of the Philippines, and the Secretaries and


Undersecretaries of the Executive Departments of the Philippine Government;

2. The Chief State Counsel, Chief State Prosecutor, and Assistant


Secretaries of the Department of Justice;
3. The Solicitor General and the Assistant Solicitors General;

4. The Government Corporate Counsel, Deputy and Assistant Government


Corporate Counsel;

5. Heads of government agencies exercising quasi-judicial functions;

b. The Legislative

Senators and Members of the House of Representatives;

c. The Judiciary

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 Constitutional Bodies

1. The Chairmen and Members of the Constitutional Commissions;

2. The Ombudsman, the Overall Deputy Ombudsman, the Deputy


Ombudsmen and the Special Prosecutor of the Office of the Ombudsman.

e. Law Schools/Academe

1. Incumbent deans, bar reviewers and professors of law who have had
teaching experience for at least the (10) years in accredited law schools;

2. The Chancellor, Vice-Chancellor and members of the Corps of Professors


and Professorial Lecturers of the Philippine Judicial Academy;
f. Local Government

Governors and mayors;

g. Non-Practicing Lawyers

1. Lawyers who are not in practice, whether private or public; and

2. Those who have retired from law practice with the approval of the IBP
Board of Governors.

Section 6: Other Exemptions or Modifications

For good cause (such as physical disability, illness, post-graduate study abroad,
proven expertise in law and similar ground) and subject to approval by the Committee, a
member may file a verified request for exemption from compliance, or modification of
any of the MCLE requirements, including extension of time for compliance.

Section 7: Approval of Continuing Legal Education Activity, Program, or Course

A continuing legal education activity approved for credit shall meet the following
standards:

a. The activity shall have significant current intellectual or practical content, the
primary objective of which is to improve the participant’s professional competence
and ethical behavior.

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.

f. Information concerning the activity, including the brochure describing it, the
qualifications of the speakers, the method or manner of presentation of the materials,
and, if necessary, a set of the materials shall be submitted to the Committee at least
forty-five (45) days prior to the presentation of the activity.

g. The participants shall be provided with the prescribed Education Activity


Evaluation Forms to be completed and submitted by them to the provider who in turn
shall transmit a copy thereof to the Committee at the end of the legal education
activity. The provider shall keep a set of the said forms for a period of not less than
one (1) year after the termination of the continuing legal education activity.

h. The provider shall submit to the Committee a report on the conduct of its
continuing legal education activity together with the accomplished MCLE attendance
cards of the attendees within thirty (30) days after the end of the legal education
activity. 

Section 8: Approval of Special Education Activity

a. An accredited provider shall apply for approval of a special education activity on


a form to be provided by the MCLE Committee. It shall contain a detailed description
of the provider, the course, the course materials, the lectures and the activity and
shall be submitted at least forty-five days (45) prior to the presentation of the activity.

b. The provider may not publish that a special education activity has been approved
except with prior written approval of the Committee.

c. The special education activity must meet the standards set forth in Section 2,
Rule 8 and these Implementing Regulations.
Section 9: Accreditation of Continuing Legal Education Providers

a. Application may be made for accreditation as a continuing legal education


provider by submitting the appropriate form to the Committee and paying the required
fee.

b. The grant of accreditation shall be effective for a period of two (2) years from the
date of the grant. Accreditation may be renewed upon compliance with the
requirements of the Committee.

c. Accreditation of a continuing legal education provider may be revoked by the


Committee, upon notice and hearing, for any of the following grounds:

1. Failure to comply with any of the reporting requirements under the Rules
and these Regulations;

2. Sub-standard content of the course material or the quality of the


continuing legal education activities as determined by the Committee under the
Rules and these Regulations;

3. Any misrepresentation in the application for accreditation as provider, or,


in the application for approval of a continuing legal education activity.

4. Failure to comply with any other requirements of the Committee.

d. An applicant for accreditation as provider shall present a program of continuing


legal education activity which meets the standards set forth in Section 2 of Rule 8.

e. For the renewal of its accreditation, a provider must demonstrate to the


Committee that its continuing legal education activities have consistently met the
standards of quality set forth in the Rules and in these Regulations.

f. Where a continuing legal education activity has been approved and the activity is
offered by an accredited provider, the latter may announce, in its brochures and/or
registration materials that: “This program has been approved by the MCLE
Committee for ______ hours of continuing legal education credit.”
Section 10: Reporting Duties of Providers 

a. An accredited provider of a continuing legal education activity, program, or


course is required to maintain an official record verifying the attendance of a member
at the activity, program, or course for at least four (4) years after the completion date.
The provider shall include the member in the official record of attendance only if the
member’s signature was obtained at the time of attendance at the activity, program,
or course. 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 Committee through the IBP.

b. The provider shall certify that:

1. The activity has been approved by the Committee for ____ hours as
appropriate to the content of the activity; and

2. The activity conforms to the standards prescribed by the Rules and these
Implementing

c. Upon the termination of the continuing legal education activity, program or


course, the provider shall issue a certificate of attendance to each participant
identifying the time, date, location, subject matter and length of the activity and the
number of credit units earned.

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 Board for purposes of monitoring
compliance with the Rules and these Implementing Regulations.

e. Any person or group who conducts an unauthorized legal education activity,


program, or course and/or issues a spurious certificate in violation of the Rules and
these Regulations, shall be subject to appropriate sanctions.

Section 11: Determination of Lawyer’s Compliance

a. The Committee shall maintain current records of continuing legal education for
every lawyer to whom the Rules and these Implementing Regulations apply.
Pursuant to Committee policy, these records shall be made available to the lawyers
concerned at a time and place convenient to the Committee.
b. The continuing legal education requirement must be completed by the end of the
compliance period. Every lawyer not exempt under the Rules and these Regulations
shall report to the Committee the credit units earned by him during the compliance
period duly certified by the providers.

c. A lawyer whose report shows full compliance with the continuing legal education
requirement shall be issued a compliance card by the Committee.

Section 12: Compliance Procedures

a. Each member not otherwise exempt under the Rules or whose exempt status the
Committee may take judicial notice of, 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

b. Each member shall maintain a sufficient record of compliance or exemption, copy


furnished the MCLE Committee. The record or certificate issued by the provider to all
participants identifying the time, date, location, subject matter and length of the
activity shall be a sufficient record of attendance at such participatory activity. A
record of non-participatory activity shall also be maintained by the member.

c. If a lawyer fails to comply with any requirement under the Rules, the Committee
will send him/her a notice of non-compliance on any of the following deficiencies: 

1. Failure to complete the education requirement within the compliance


period;

2. Failure to provide attestation of compliance or exemption;

3. Failure to provide satisfactory evidence of compliance (including evidence


of exempt status) within the prescribed period;

4. Failure to satisfy the education requirement and furnish evidence of such


compliance within sixty (60) days from receipt of a non-compliance notice; and 
5. Any other act or omission analogous to any of the foregoing or intended to
circumvent or evade compliance with the MCLE requirements.

d. A member failing to comply with the continuing legal education requirement will
receive a Non-Compliance Notice stating his specific deficiency and will be given
sixty (60) days from the receipt of the notification to explain the deficiency or
otherwise show compliance with the requirements. Such notice shall be written in
capital letters as follows:

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-


COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE,
SHALL BE A CAUSE FOR LISTING YOU 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.

The Member may use the 60-day period to complete his compliance with the
MCLE requirement. 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.

e. A member who is in non-compliance at the end of the compliance period shall


pay a non-compliance fee of P1,000.00 and shall be listed as a delinquent member
of the IBP by the IBP Board of Governors upon the recommendation of the MCLE
Committee, in which case Rule 139-B of the Rules of Court shall apply

Section 13: Reinstatement

a. Involuntary listing as a delinquent member shall be terminated when the member


submits proof of full compliance to the IBP Board of Governors. While he is on
inactive status, he may earn the necessary credit units to complete the requirement
for the period of non-compliance. These credit units may not be counted toward
meeting the requirement of the current compliance period. Any excess credit units
earned by him to satisfy the prior compliance period requirements, shall be counted
towards meeting the requirements of the current compliance period.

b. The MCLE Committee shall be notified by the IBP Board of Governors of the
reinstatement of a delinquent member.

c. Upon reinstatement, the member shall pay the IBP a reinstatement fee in the
amount of P1,000.00.

Section 14: Reporting Period After Reinstatement

The compliance period for a member who is reinstated to active status


following his/her suspension, disbarment or resignation shall start on the date of
reinstatement and shall end at the conclusion of the next compliance period.

Section 15: Schedule of Fees

The following is the schedule of fees to be paid by providers and lawyers:

a. Fee to accompany application for accreditation as CLE provider …


P2,000.00 (P1,000.00 only for a government educational institution or office or IBP
Chapter)

b. Fee to accompany application for approval of CLE activity... P100.00 per


expected participant/attendee, subject to verification of official attendance record
submitted by the Provider. (A government educational institution, office, or IBP
Chapter accredited as MCLE Provider shall pay a nominal fee of P500.00 per
applicantion for approval of MCLE activity/program).

c. Fee to accompany application for exemption from CLE requirement under


Rule 7, Section 3 P1,000.00

d. Fee for non-compliance with CLE requirement P1,000.00

e. Reinstatement fee P1,000.00


This resolution shall take effect on the first of December 2001, following its
publication in two (2) newspapers of general circulation in the Philippines.

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