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Republic of the Philippines

SUPREME COURTManila

B.M. No. 850 August 22, 2000

MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION

FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

EN BANC

R E S O L U T I O N

Considering the Rules on Mandatory Continuing Legal Education (MCLE) formembers 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 toadopt, as it hereby adopts, the following rules for proper implementation:

RULE 1PURPOSE

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 thestandards of the practice of law.

RULE 2MANDATORY CONTINUING LEGAL EDUCATION

Section 1.Constitution of the MCLE Committee

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.

Section 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 activitiesapproved by the MCLE Committee. Of the 36 hours:

(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.

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

resolution.

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

and procedural laws, and jurisprudence.

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

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

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

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 theprogram, all compliance periods shall be for thirty-six (36) months and shall

begin the day after the end of the previous compliance period.

Section 2.Compliance Group 1.

Members in the National Capital Region (NCR) or Metro Manila shall be

permanently assigned to Compliance Group 1.


Members in Luzon outside NCR shall be permanently assigned to ComplianceGroup 2.

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Members in Visayas and Mindanao shall be permanently assigned to

Compliance Group 3.

Section 5. Compliance period for members admitted or readmitted after

establishment of the program.

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.

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 tocomply with the program requirement for the initial compliance.

(b) Where more than four (4) months remain of the initial complianceperiod 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 nextwhole number.

RULE 4COMPUTATION OF CREDIT UNITS

Section 1.Guidelines

The following are the guidelines for computation of credit units (CU):

PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS

1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE

EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLEDISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER

RELATED RULES

1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF

ATTENDANCE WITH NUMBER OF HOURS

1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR

SPONSOR'S CERTIFICATION

1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR

SPONSOR'S SPEAKER CERTIFICATION

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM

SPONSORING PENALIST/ ORGANIZATION

REACTOR/COMMENTATOR

1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM

SPONSORING COORDINATOR/ ORGANIZATION FACILITATOR

2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/ 5-10 CREDIT UNITS DULY

CERTIFIED/PUBLISHED INNOVATIVE TECHNICALREPORT/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

2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITHPROOF AUTHORSHIP AS EDITOR CATEGORY

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLEAUTHOR 6 CU 8 CU

2 AUTHORS 4 CU 6 CU

3 OR MORE 2 CU 4 CU

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED

NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL

EDITOR

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

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Section 2.Limitation on certain credit units

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.

RULE 5

CATEGORIES OF CREDIT

Section 1.Classes of credits

The credits are either participatory or non-participatory.

Section 2.Claim for participatory credit

Participatory credit may be claimed for:

(a) Attending approved education activities like seminars, conferences,

symposia, in-house education programs, workshops, dialogues orround table discussions.

(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.

Section 3.Claim for non-participatory credit

Non-participatory credit may be claimed per compliance period for:

(a) Preparing, as an author or co-author, written materials published oraccepted 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 themember'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 activity (actual

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

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 Executives 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 bythe 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 Solicitor 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

Ombudsmen and the Special Prosecutor of the Office of the

Ombudsman;

(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;

(k) The Chancellor, Vice-Chancellor and members of the Corps of

Professors and Professorial Lectures of the Philippine JudicialAcademy; and

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(l) Governors and Mayors.

Section 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.

Section 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, provenexpertise 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.

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.

Section 5.Proof of exemption

Applications for exemption from or modification of the MCLE requirement shallbe under oath and supported by documents.

RULE 8STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES

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 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 legalwriting 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, substantivewritten 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 otherdistractions.

RULE 9

APPROVAL OF PROVIDERS

Section 1.Approval of providers

Approval of providers shall be done by the MCLE Committee.

Section 2.Requirements for approval of providers

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 eligibleto be approved providers. Application for approval shall:

(a) Be submitted on a form provided by the IBP;

(b) Contain all information requested on the form;

(c) Be accompanied by the approval fee;

Section 3.Requirements of all providers

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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 officialrecord 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 ofthe education activity. A copy of such record shall be furnished the IBP.

(b) The provider shall certify that:

(1) This activity has been approved for MCLE by the IBP in the

amount of ________ hours of which hours will apply in (legalethics, etc.), as appropriate to the content of the activity;

(2) The activity conforms to the standards for approvededucation activities prescribed by these Rules and such

regulations as may be prescribed by the IBP pertaining toMCLE.

(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 activities by members of the IBP Board ofGovernors, the MCLE Committee, or designees of the Committee and

IBP staff 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 devoted to each topic and identify

of the instructors. The provider shall make available to each participanta copy of IBP-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 IBP.

(g) Any person or group who conducts an unauthorized activity underthis program or issues a spurious certificate in violation of these Rules

shall be subject to appropriate sanctions.

Section 4.Renewal of provider approval

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 precedingperiod.

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.

RULE 10

ACTIVITY AND PROVIDER APPROVAL FEE

Section 1.Payment of fees

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

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 underoath 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 themember's compliance period.

Section 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 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.

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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 a non-

compliance notice;

(e) Any other act or omission analogous to any of the foregoing orintended to circumvent or evade compliance with the MCLErequirements.

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

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:

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 OFNOTICE), SHALL BE A CAUSE FOR LISTING AS A DELINQUENT

MEMBER.

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 becounted toward meeting the current compliance period requirement.lawphil.net

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.

Section 2.Listing as delinquent member

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.

RULE 14

REINSTATEMENT

Section 1.Process

The involuntary listing as a delinquent member shall be terminated when themember provides proof of compliance with the MCLE requirement, including

payment of non-compliance fee. A member may attain the necessary credit

hours to meet the requirement for the period of non-compliance 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 towardmeeting the current compliance period requirement.lawphil.net

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.

RULE 15

MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE

Section 1.Composition

The MCLE Committee shall be composed of five (5) members, namely: a retiredJustice of the Supreme Court, as Chair, and four (4) members, respectively,

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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 shallreceive such compensation as may be determined by the Court.

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

The IBP shall employ such staff as may be necessary to perform the record-

keeping, auditing, reporting, approval and other necessary functions.

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.

This resolution shall take effect in October 2000, following its publication in two

(2) newspaper of general circulation in the Philippines.

Adopted this 22nd day of August, 2000.

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban,

Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and DeLeon, Jr., JJ.,concur.

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