CIRCULAR NO. 19-91 A.M. No.

02-8-13-SC             February 19, 2008

TO: ALL MEMBERS OF THE BAR
SUBJECT:  PRESCRIBING STRICT COMPLIANCE WITH
SECTIONS 3 AND 5 IN RELATION TO SECTION 10 OF RULE 13
OF THE RULES OF COURT ON SERVICE OF PETITION OR
MOTION FOR EXTENSION.
RE: 2004 RULES ON NOTARIAL PRACTICE -
The Court Resolved, upon the recommendation of the Sub Committee
on the Revision of the Rules Governing Notaries Public, to AMEND
Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:
Sirs/Mesdames:

This Court has observed the practice of counsel who, in filing motions
for extension or petitions, fail to comply with the requirements of
Circular No. 1-88 which took effect on January 1, 1989, as revised on
July 1, 1997 particularly paragraph 2 thereof [Form and Service of
Petition] in conjunction with Sections 3, 5, and 10 of Rule 13 of the
Rules of Court.
For the guidance of all concerned, Section 10 of Rule 13 of the Rules
of Court is reproduced hereunder:
Quoted hereunder, for your information, is a resolution of the Court
En Banc dated February 19, 2008.
"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. – The
Court Resolved, upon the recommendation of the Sub Committee
on the Revision of the Rules Governing Notaries Public, to
AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial
Practice, to wit:

Rule II
"Sec. 10. Proof of Service. - Proof of personal service shall
consist of a written admission of the party served, or the
affidavit of the party serving, containing a full statement of DEFINITIONS
the date, place and manner of service. If the service is by
ordinary mail, proof thereof shall consist of an affidavit of xxx
the person mailing of facts showing compliance with Section
5 of this rule. If service is made by registered mail, proof
"Sec. 12. Component Evidence of Identity. The phrase
shall be made by such affidavit and the registry receipt
"competent evidence of identity" refers to the identification of an
issued by the mailing office. The registry return card shall be
individual based on:
filed immediately upon receipt thereof by the sender, or in
lieu thereof, the letter unclaimed together with certified or
sworn copy of the notice the given by the postmaster to the (a) at least one current identification document issued by an
addressee." (Underscoring supplied) official agency bearing the photograph and signature of the
The aforequoted rule finds implementation in paragraph 2, Revised individual, such as but not limited to, passport, driver’s
Circular No. 1-88, which reads: license, Professional Regulations Commission ID, National
[2] Form and service of petition Bureau of Investigation clearance, police clearance, postal
ID, voter’s ID, Barangay certification, Government Service
and Insurance System (GSIS) e-card, Social Security System
A petition filed under Rule 45, or under Rule 65, or a motion
(SSS) card, Philhealth card, senior citizen card, Overseas
for extension, may be denied outright if it is not clearly
Workers Welfare Administration (OWWA) ID, OFW ID,
legible, or there is no proof of service on the lower court,
seaman’s book, alien certificate of registration/immigrant
tribunal, or service of the lower court, tribunal, or office
certificate of registration, government office ID, certification
concerned and on the adverse party in accordance with
from the National Council for the Welfare of Disable Persons
Sections 3, 5 and 10 of Rule 13, attached to the petition or
(NCWDP), Department of Social Welfare and Development
motion for extension when filed.
(DSWD) certification; or

Effective September 15, 1991, henceforth, a petition or motion for

(b) xxxx."
extension filed before this Court shall be dismissed/denied outright if
there is no such proof of service in accordance with Sections 3 and 5
in relation to Section 10 of Rule 13 of the Rules of Court attached to Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.
the petition/motion when filed.
 
The form of Affidavit of Service is attached herewith as Annex "A".
Very truly yours.
Strict compliance with this Circular is hereby enjoined.
MA. LUISA D. VILLARAMA (sgd)
The Clerk of Court of this Court is directed to cause the publication on
Friday, August 16, 1991 of this Circular in two [2] newspapers of Clerk of Court
general circulation

August 13, 1991.

 ADMINISTRATIVE CIRCULAR NO. 04-94
TO: COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX
APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT
TRIAL COURTS, THE SOLICITOR GENERAL, THE
GOVERNMENT CORPORATE COUNSEL, ALL MEMBERS OF THE
GOVERNMENT PROSECUTION SERVICE, AND ALL MEMBERS
OF THE INTEGRATED BAR OF THE PHILIPPINES.
February 8, 1994 action shall be a ground for summary dismissal thereof and shall
constitute direct contempt of court. Furthermore, the submission of
false certification or non-compliance with the undertakings therein, as
provided in Paragraph 1 hereof, shall constitute indirect contempt of
court, without prejudice to disciplinary proceeding against the counsel
and the filing of a criminal action against the guilty party.
This Circular shall take effect on April 1, 1994.

SUBJECT: ADDITIONAL REQUISITES FOR CIVIL COMPLAINTS,

PETITIONS AND OTHER INITIATORY PLEADINGS FILED IN February 8, 1994.
ALL COURTS AND AGENCIES, OTHER THAN THE SUPREME
COURT AND THE COURT OF APPEALS, TO PREVENT FORUM
SHOPPING OR MULTIPLE FILING OF SUCH PLEADINGS. (Sgd.) ANDRES R. NARVASA
Chief Justice
Revised Circular No. 28-91, dated February 8, 1994, applies to and
governs the filing of petitions in the Supreme Court and the Court of
Appeals and is intended to prevent the multiple filing of petitions or
complaints involving the same issues in other tribunals or agencies as
a form of forum shopping.

Complementary thereto and for the same purpose, the following

requirements, in addition to those in pertinent provisions of the Rules
of Court and existing circulars, shall be strictly complied with in the
filing of complaints, petitions, applications or other initiatory pleadings
in all courts and agencies other than the Supreme Court and the Court
of Appeals and shall be subject to the sanctions provided hereunder.

1. The plaintiff, petitioner, applicant or principal party seeking relief in

the complaint, petition, application or other initiatory pleading shall
certify under oath in such original pleading, or in a sworn certification
annexed thereto and simultaneously filed therewith, to the truth of
the following facts and undertakings:

(a) he has not the same issue in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

(b) to the best of his knowledge, no such action or proceedings is

pending in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

(c) if there is any such action or proceeding which is either

pending or may have terminated, he must state the status
thereof; and

(d) if he should thereafter learn that a similar action or

proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals or any other tribunal or agency, he
undertakes to report that fact within five (5) days therefrom to
the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.

The complaint and the initiatory pleadings referred to and the subject
of this Circular are the original civil complaint, counterclaim, cross-
claim, third (fourth, etc.) party complaint, or complaint-in-
intervention, petition, or application wherein a party asserts his claim
for relief.

2. Any violation of this Circular shall be a cause for the dismissal of

the complaint, petition, application or other initiatory pleading, upon
motion and after hearing. However, any clearly willful and deliberate
forum shopping by any party and his counsel through the filing of
multiple complaints or other initiatory pleadings to obtain favorable
A.M. No. 07-7-12-SC automatically vacated. The effectivity of a temporary restraining order is
December 4, 2007 not extendible without need of any judicial declaration to that effect, and
AMENDMENTS TO RULES 41, 45, 58 AND 65 no court shall have authority to extend or renew the same on the same
OF THE RULES OF COURT ground for which it was issued.
RULE 41
Section 1. Subject of appeal.  An appeal may be taken from a judgment or However, if issued by the Court of Appeals or a member thereof, the
final order that completely disposes of the case, or of a particular matter temporary restraining order shall be effective for sixty (60) days from
therein when declared by these Rules to be appealable. service on the party or person sought to be enjoined. A restraining order
issued by the Supreme Court or a member thereof shall be effective until
No appeal may be taken from: further orders.

1. An order denying a petition for relief or any similar motion seeking The trial court, the Court of Appeals, the Sandiganbyan or the Court of Tax
relief from judgment; Appeals that issued a writ of preliminary injunction against a lower court,
2. An interlocutory order; board, officer, or quasi-judicial agency shall decide the main case or
3. An order disallowing or dismissing an appeal; petition within six (6) months from the issuance of the writ.
4. An order denying a motion to set aside a judgment by consent,
confession or compromise on the ground of fraud, mistake or duress, or RULE 65
any other ground vitiating consent; Sec. 4. When and where to file the petition.  The petition shall be filed not
5. An order of execution; later than sixty (60) days from notice of the judgment, order or resolution.
6. A judgment or final order for or against one or more of several parties In case a motion for reconsideration or new trial is timely filed, whether
or in separate claims, counterclaims, cross-claims and third-party such motion is required or not, the petition shall be filed not later than
complaints, while the main case is pending, unless the court allows an sixty (60) days counted from the notice of the denial of the motion.
appeal therefrom; and
7. An order dismissing an action without prejudice. If the petition relates to an act or an omission of a municipal trial court or
of a corporation, a board, an officer or a person, it shall be filed with the
In any of the foregoing circumstances, the aggrieved party may file an Regional Trial Court exercising jurisdiction over the territorial area as
appropriate special civil action as provided in Rule 65. defined by the Supreme Court. It may also be filed with the Court of
Appeals or with the Sandiganbayan, whether or not the same is in aid of
RULE 45 the courts appellate jurisdiction. If the petition involves an act or an
Section 1. Filing of petition with Supreme Court.  A party desiring to omission of a quasi-judicial agency, unless otherwise provided by law or
appeal by certiorari from a judgment, final order or resolution of the Court these rules, the petition shall be filed with and be cognizable only by the
of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Court of Appeals.
Trial Court or other courts, whenever authorized by law, may file with the
Supreme Court a verified petition for review on certiorari. The petition may In election cases involving an act or an omission of a municipal or a
include an application for a writ of preliminary injunction or other regional trial court, the petition shall be filed exclusively with the
provisional remedies and shall raise only questions of law, which must be Commission on Elections, in aid of its appellate jurisdiction.
distinctly set forth. The petitioner may seek the same provisional remedies
by verified motion filed in the same action or proceeding at any time Sec. 7. Expediting proceedings; injunctive relief.  The court in which the
during its pendency. petition is filed may issue orders expediting the proceedings, and it may
also grant a temporary restraining order or a writ of preliminary injunction
for the preservation of the rights of the parties pending such proceedings.
RULE 58
The petition shall not interrupt the course of the principal case, unless a
Sec. 5. Preliminary injunction not granted without notice; exception.  No
temporary restraining order or a writ of preliminary injunction has been
preliminary injunction shall be granted without hearing and prior notice to
issued, enjoining the public respondent from further proceeding with the
the party or persons sought to be enjoined. If it shall appear from facts
case.
shown by affidavits or by the verified application that great or irreparable
injury would result to the applicant before the matter can be heard on
The public respondent shall proceed with the principal case within ten (10)
notice, the court to which the application for preliminary injunction was
days from the filing of a petition for certiorari with a higher court or
made, may issue ex parte a temporary restraining order to be effective
tribunal, absent a temporary restraining order or a preliminary injunction,
only for a period of twenty (20) days from service on the party or person
or upon its expiration. Failure of the public respondent to proceed with the
sought to be enjoined, except as herein provided. Within the twenty-day
principal case may be a ground for an administrative charge.
period, the court must order said party or person to show cause at a
specified time and place, why the injunction should not be granted. The
Sec. 8. Proceedings after comment is filed.  After the comment or other
court shall also determine, within the same period, whether or not the
pleadings required by the court are filed, or the time for the filing thereof
preliminary injunction shall be granted, and accordingly issue the
has expired, the court may hear the case or require the parties to submit
corresponding order.
memoranda. If, after such hearing or filing of memoranda or upon the
expiration of the period for filing, the court finds that the allegations of the
However, subject to the provisions of the preceding sections, if the matter
petition are true, it shall render judgment for such relief to which the
is of extreme urgency and the applicant will suffer grave injustice and
petitioner is entitled.
irreparable injury, the executive judge of a multiple-sala court or the
presiding judge of a single-sala court may issue ex parte a temporary
However, the court may dismiss the petition if it finds the same patently
restraining order effective for only seventy-two (72) hours from issuance,
without merit or prosecuted manifestly for delay, or if the questions raised
but shall immediately comply with the provisions of the next preceding
therein are too unsubstantial to require consideration. In such event, the
section as to service of summons and the documents to be served
court may award in favor of the respondent treble costs solidarily against
therewith. Thereafter, within the aforesaid seventy-two (72) hours, the
the petitioner and counsel, in addition to subjecting counsel to
judge before whom the case is pending shall conduct a summary hearing
administrative sanctions under Rules 139 and 139-B of the Rules of Court.
to determine whether the temporary restraining order shall be extended
until the application for preliminary injunction can be heard. In no case
shall the total period of effectivity of the temporary restraining order
The Court may impose motu proprio, based on res ipsa loquitur, other
exceed twenty (20) days, including the original seventy-two hours
disciplinary sanctions or measures on erring lawyers for patently dilatory
provided herein.
and unmeritorious Petitions for Certiorari.
In the event that the application for preliminary injunction is denied or not
resolved within the said period, the temporary restraining order is deemed
 MANDATORY CONTINUING LEGAL EDUCATION
IMPLEMENTING REGULATIONS
BAR MATTER NO. 850
[October 02, 2001]
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
RE: MANDATORY CONTINUING LEGAL EDUCATION
BAR MATTER 850
October 2, 2001
MANDATORY CONTINUING LEGAL EDUCATION
IMPLEMENTING REGULATIONS
Section 1: Definitions
. 2. Credit units will be given in accordance with Section 1 of Rule 4.
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 ~n. 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.
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 ten (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 (45) days 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;
2. The activity conforms to the standards prescribed by the Rules and
these Implementing Regulations.
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 noncompliance 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.
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 This resolution shall take effect on the first of December 2001,
with the MCLE requirement. Credit units earned during this period following its publication in two (2) newspapers of general circulation in
may only be counted toward compliance with the prior compliance the Philippines.
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-A 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

(P 1,000.00 only for a government educational institution or office or

an 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 or office, or IBP Chapter

accredited as MCLE Provider, shall pay a nominal fee of P500.00 per
application 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