Ateneo de Davao University – College of Law

Jacinto St., Davao City

JD 125: Basic Legal and Judicial Ethics

I-Estrellado

The Mandatory Continuing Legal Education (MCLE) Rules

Atty. Danilo A. Balucos
14 September 2023
The Mandatory Continuing Legal Education
Rules

Mandatory Continuing Legal Education (MCLE), known as Bar

Matter No. 850, issued on October 2, 2001, for the members of the
Integrated Bar of the Philippines (IBP).
What is the purpose of the MCLE Rules?

To ensure that throughout their career, lawyers keep abreast

with the law and also jurisprudence
To maintain the ethics of the profession and enhance the
standards of the practice of law
What is the mandate of the MCLE Rules?

The members of the Integrated Bar of the Philippines (IBP)

shall complete every three (3) years at least thirty-six (36)
hours of continuing legal education activities approved by
the MCLE Committee.
What composes the thirty-six 36 hours of MCLE?

Legal Ethics – At least six (6) hours

Trial and Pretrial skills – At least four (4) hours

Alternative Dispute Resolution – At least five (5) hours

Substantive and Procedural Laws, and Jurisprudence – At least nine (9)

hours

Legal Writing and Oral Advocacy – At least four (4) hours

International Law and International Conventions – At least two (2) hours

Remaining six (6) hours – any subjects as may be prescribed by the

MCLE Committee
The computation of 36 hours is based on actual times
spent in an educational activity in hours to the nearest
one-quarter hour reported in decimals. The deficiency
in hours would have to be complied with before they
could be given the MCLE Compliance Certificate.

There are monitors (proctors) who will be checking

during the period until the end. The MCLE monitors
would have to sign your attendance.
What are the Classes of Credit Units?

Participatory – Attending approved education activities; speaking or

lecturing, or acting as an assigned panelist; reactor, commentator,
resource speaker, moderator, coordinator, or facilitator in approved
education activities, as well as teaching in a law school or lecturing in a
bar review class.

Non-Participatory – Preparing, as an author or co-author, written

materials published or accepted for publication; editing a law book, law
journal, including the legal newsletter.
Who are exempted from MCLE?

The President, Vice President of the Philippines

Secretaries including Undersecretaries of the Executive Departments

Senators as well as Members of the House of Representatives

Chief Justices as well as Associate Justices of the Supreme Court

Incumbent as well as Retired Members of the Judiciary

Who are exempted from MCLE?
Incumbent Members of the Judicial and Bar Council (JBC)

Incumbent Court Lawyers covered by the Philippine Judicial Academy

(PHILJA) Program of the Continuing Judicial Education

Chief State Counsel, Chief State Prosecutor including Assistant

Secretaries of the Department of Justice (DOJ)

The Solicitor General and Assistant Solicitors General

Government Corporate Counsel, Deputy plus Assistant Government

Corporate Counsel

Chairmen as well as Members of the Constitutional Commissions

Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman

Who are exempted from MCLE?
Heads of Government Agencies Exercising Quasi-Judicial Functions

Incumbent Deans, Bar Reviewers, and Professors of Law who have

teaching experience for at least ten (10) years in accredited law schools

The Chancellor, Vice-Chancellor, and members of the Corps of

Professors, as well as Professional Lecturers of the Philippine Judicial
Academy (PHILJA)

Governors and Mayors

Members of the bar who are not in law practice, private or public

Members who have retired from the practice with the approval of the
IBP Board of Governors
Additional exemptions
Upon the filing of a verified request for setting forth good cause for
exemption. (Under oath as well as supported by documents)

*These exemptions are not automatic.

Physical Disability

Illness

Post-Graduate Study Broad

Also Proven Expertise in Law

What is MCLE Non-Compliance?
Failure to complete the education requirement within the compliance
period

Failure to provide an attestation of compliance or exemption

Failure to provide satisfactory evidence of compliance (Including

evidence of exempt status) within the prescribed period

Failure to satisfy the education requirement and furnish evidence of such

compliance within sixty (60) days from receipt of non-compliance notice

Any other act commission analogous to any of the foregoing or intended

to circumvent or evade compliance with the MCLE requirements
Non-compliance
Non-Compliance Notice – States the specific deficiency and member
who failed to comply will be given sixty (60) days from the date of
notice to file a response, clarifying the efficiency or otherwise showing
compliance with the requirements

Consequences of non-compliance are:

Payment of non-compliance fee

Listing as delinquent member of the IBP upon the recommendation of

the MCLE Committee

Membership fees shall continue to accrue at the active rate against the
member
The computation of 36 hours is based on actual times
spent in an educational activity in hours to the nearest
one-quarter hour reported in decimals. The remaining
uncomplied hours would have to be complied with
before they could be given the MCLE compliance
certificate.

There are monitors (proctors) who will be checking

during the period until the end. The MCLE monitors
would have to sign your attendance.
Lawyers may reinstate such status of being compliant
by proving or presenting evidence that they have
complied with the requirements and the request to be
reinstated must be also under oath including
supporting pieces of evidence.