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LAWYERS IN SOCIETY WADE, "NATURE AND MEANING OF THE LEGAL PROFESSION" This article basically states the attributes

of the Learned Profession. First, that training is necessary for admission to a learned profession. Second, that the learned profession is characterized by an organization that sets standards for licenses and admissions into it. Third, and most importantly, the members of the learned profession are dedicated to a spirit of public service. With respect to the responsibilities of a member of a learned profession to his clients there is a relationship of trust and confidence. Also the professional should not have interests of his own.

A professional seeks to improve his profession. He has the duty to engage in research, to write articles and treatises. He must continue through self-education and has the duty to comply with the code of ethics. To the society, a professional has the duty to influence the opinions and actions of others. He must supply intelligent and unselfish leadership to the forming of public opinions and determination of important issues. LUNDBERG, "THE LEGAL PROFESSION - A SOCIAL PHENOMENON" The small body of law practitioners probably plays a much more weighty social role than do editors, physicians and publishers. This is because the social philosophy that is actually expressed in public policy is that of the man of law. The fact that lawyers make public policy is not a consequence of their being our weightiest intellects, but because of the nature of the state, which was established by lawyers along legalistic lines. The very existence of a legal profession presupposes a society torn by conflicts. Social conflicts are heightened by the chicaneries lawyers describe as part of their duties. If there were any real desire for reform in the profession, it would probably be accomplished in short order. A large part of social injustice exists because the legal profession has not shouldered the responsibilities that go with the privileges it enjoys. The task facing society is to make it possible for the constructive work that is done by lawyers on behalf of the middle class to be extended for the benefit of the lower class. PEREZ/SAN JUAN, THE REVOLUTIONARY IMPERATIVE OF LAWYERS IN THE PHILIPPINES Historically, lawyers have been known as mere mercenaries of the monied class. Their main concern is to enrich the landholdings and further the interest of these people. This has been the public perception for quite some time. There‟s a need for a legal service program for social and economic transformation. Many forms of this type of legal service are being used today (Alternative Law, Developmental Legal Aid Human Rights Lawyering, etc.) The goal of the lawyer in these legal programs is to work for his own obsolescence, that is, to empower and train the layman such that time will come when his services will no longer be needed. This empowerment of the lower class of society is the revolutionary imperative of lawyers in the Philippines. Agabin: it‟s difficult to go to far-flung and depressed areas and serve the underprivileged when your own family is in dire need of financial help. Of course, your first impulse is to do what you can to help them first, and then you focus on other social concerns

began the study of law, he had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor‟s degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, history and economics.” LAW PROPER: RULES OF COURT, RULE 138, SEC 5. “… No applicant shall be admitted to the bar examinations unless he satisfactorily completed the following course in a law school or university recognized by the government: civil law, commercial law, remedial criminal law, public and private international law, political law, labor social legislation, medical jurisprudence, taxation and legal ethics.” has duly law, and

STATE REGULATION CONST, ART VIII, SEC 5(5) “The Supreme Court has the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar of the Philippines, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase or modify, substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.” CONST, ART XII SEC 14 (2) “The practice of all professions in the Philippines shall be limited to Filipino citizens, save incases prescribed by law.” CONST XVIII SEC 10 “All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws no inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.” In re Cunanan The Supreme Court is the only constitutional body that can prescribe the admission requirements to the Philippines Bar. In the matter if the Integration of the Integrated Bar of the Philippines The Supreme Court, due to the powers given to it by the

SEC 14: in order to pass. Criminal Law: 10%. the candidate must have a general average of 75% with no grade lower than 50% in any of the subjects. has the over-all administrative power over the members of the Philippine Bar. Political Law and International Law: 15%. • Extend services to neglected areas. education should not be mere spoon-feeding of pre-digested information. PREPARATORY BACHELOR OF ARTS AND PROFESSIONAL TRAINING First Class Lawyers should possess: • analytic skills (how to examine problems from all angles) • substantive legal knowledge (be able to zoom in on a law pertinent to client‟s problem) • basic working skills (write. was not a reliable guide to law or moral understanding. and Public Officers). AGABIN. and political malaise gripping society. but how it was used by the student . it will be studied with insights from the social science. Remedial Law: 20%. Labor and Social Legislation. before he BERNAS. it is the best the court has devised to test prospective lawyers on both knowledge of the law as well as its application to sets of facts. 15 or as close to it as possible will be the deadline of the committee to report on the examinations. its not really the actual preparatory curriculum that matters. lng undergrad nila one year. compromise. The bar. research. The exam paraphernalia shall be deposited with the clerk of court. "OBJECTIVES OF LEGAL EDUCATION IN PRESENT-DAY PHILIPPINE SOCIETY The problems concerning the legal profession. has to familiarize itself with negotiation. Political Law (Constitutional Law. Legal education must train students also as responsible citizens cognizant of the social. and arbitration techniques. it will not be an effective instrument for social control. Permanent disqualification may also be given as a sanction by the court. The weights shall be distributed as follows: Civil Law: 15%. being the same. We do not need „legal encyclopedias” but lawyers who are responsive to clients needs in particular and society in general. . Ultimately. The candidate that violates this provision shall be barred form the exam and it shall count as a failure for him. THE BAR EXAMINATIONS RULES OF COURT.Constitution. Agabin: it doesn‟t really matter what your prep. During dean‟s time. LEGAL EDUCATION PRE-LAW: RULES OF COURT. then the basic objectives of legal training do not appear to need drastic revision. Mercantile Law. "TEACHING LAW AS A SOCIAL SCIENCE" Why approach law as a social science? Reason. draft. Its end is still to provide those in need of legal service with skilled and moral practitioners. Course is. If change is required. Studies must be organized and integrated so that student may see how each legal rule and principle connect with each other. Agabin: some schools focus too much and have become bar-oriented. RULE 138. Labor and Social Legislation: 10%. SEC 8: the notice for applications will be published at least 10 days before the examination SEC 9: applicants shall be subjected to the following examinations: Civil Law. If the laws of any country are merely imported wholesale. basta may basic understanding ng social sciences. Criminal Law. While the bar exams is not a positive and exact test of future competence and capacity. RULE 138 SEC 7: applicant must file with the clerk of the Supreme Court 15 days before the examination all the requirements in sections 2 and 3. Public Corporations. SEC 13: no candidate should influence any member of the committee and that they should not communicate with each other during the examinations. The integration of the bar can serve the interests of justice better as it organizes the attorneys all around the Philippines. ok na. Lawyers must revise their attitudes towards social problems: • Concern should not be with remedial or curative practice. 2 yr. Law will cease to exist in a vacuum. And the case method isolates cases from their historical and social context and failed to take into account the factors that caused the evolution of legal principle. Mercantile Law: 15%. THE BAR EXAMS AS NAN INTRUMENT OF LEGAL EDUCATION The bar exam has considerable influence on legal education. SEC 6: “No applicant for the admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that. according to the realists. LABRADOR. Taxation: 10%. express) • familiarity with institutional environment (maabilidad) • awareness of total non-legal environment (kelangan marunong makipag “link-up” sa ibang tao from other fields) • good judgment in the end. Viewing law as part of the larger social firmament enables the young lawyer to meet the pressing needs of his society. this will broaden the study of law into a multidisciplinary phenomenon. economic.the drafting of plain and unambiguous documents that will avoid doubts and controversies. International Law (private and public). By using the tools of social science in law. In that professors compile past bar questions and have used these as a GUIDE their students‟ preparation. Legal Ethics and Practical Exercises: 5% SEC 15: Feb. REYES. • Favor "preventive" practice. therefore. it is one of emphasis.

Taxation. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar. which the lawyer‟s oath requires) • Be at least 21 years old • Be a person of good moral character • Show that no charges against him involving moral turpitude are filed or pending in court SC decides WON an offense involves moral turpitude. and to his client. 1988. He advances the honor of the profession and the best interests of his client when he renders services or gives legal advice tending to impress upon his client and his undertaking exact compliance with the strictest principles of moral law. jurisprudence.” statement or suppressing a material fact in connection with his application for admission to the bar. The code consists of 22 Canons and 77 Rules. is that the IBP shall be non-political in character and that there shall be no lobbying nor campaigning in the choice of members of the Board of Governors and of the House of Delegates. to his colleagues in the profession and the public. he may be disbarred for such misconduct. at that early period. The spectacle of lawyers bribing or being bribed to vote in one way or another certainly did not uphold the honor of the profession nor elevate it in the public esteem. engage in unlawful practices and cavalierly brush aside the very rules that the IBP formulated for their observance. who are supposed to be minions of the law. the Supreme Court promulgated the Code of Professional Responsibility. A lawyer should also involve in. law reform. He should not limit himself to merely paying his dues and other assessments of the IBP. every lawyer should strive at all times to uphold the honor and maintain the dignity of the legal profession and to improve not only the law but the administration of justice as well. 3rd day: mercantile law (am) and Criminal law (pm). and make reports and recommendations thereon. 4th day: remedial law (am) and legal ethics and practical exercises (pm) SEC 12: bar committee shall be composed of one member of the Supreme Court (chairman) and 8 members of the Philippines Bar. to his client. and the Lawyer and the ClientCANON 7. They shall hold office for the period of LEGAL ETHICS Legal Ethics is the embodiment of all principles of morality and refinements that should govern the conduct of every member of the Bar. if admitted without the SC acquiring knowledge of his transgressions thereof. pleading. Every applicant for admission to the practice of law must : • Be an RP citizen and resident (because an alien cannot maintain allegiance to RP. And theoretically. SEC 11: the bar examinations shall take place in Manila in the span of four days that would be designated by the chairman of the committee of bar examiners. Criminal Procedure. or regional. To enable the bar to be an effective instrument in the proper administration of justice. It has been broadly defined as “living spirit of the profession. as a corollary of their obligation to obey and uphold the constitution and the laws. In re: 1989 Elections of the Integrated Bar of the Philippines. A student aspiring to be a lawyer must. CPR). violated Section 14 of the IBP By-Laws and made a travesty of the idea of a “strictly non-political” Integrated Bar enshrined in Section 4 of the By-Laws… The candidates and many of the participants in that election not only violated the By-Laws of the IBP but also the ethics of the legal profession which imposes on all lawyers. He cannot claim that not being a member of the bar. one can petition the Supreme Court the chance to use a noiseless typewriter. namely: the Lawyer and the Society. 2nd day: civil law (am) and taxation (pm). Legal Ethics and Practical Exercises (Pleading and Conveyancing) SEC 10: Nothing can be brought in side the room. the Lawyer and the Courts. Canon 1. or chapter… It is evident that the manner in which the principal candidates for the national positions in the IBP conducted their campaign preparatory to the elections on 9 June 1989. but should also help realize its objectives and purposes: • To assist in the administration of justice • To safeguard the professional interests of its members • To cultivate among its members a spirit of cordiality and brotherhood • To provide a forum for the discussion of law. the CPR does not apply to him. study and observe the duties and responsibilities of a lawyer. 178 SCRA 398 (1989): “A basic postulate of the IBP. Remedial Law (Civil Procedure. Evidence). and of the IBP officers. and actively support the activities of. the standards of conduct required of all members of the bar. The same questions in English and Spanish shall be given to everyone. For failure to live up to them may prevent him from being admitted to practice and. which is divided into four chapters. the IBP. The unseemingly ardor with which the candidates pursued the presidency of the association detracted from the dignity of the legal profession.02. heavily stressed at the time of its organization and commencement of existence. In June 21. The Code establishes the norms of conduct and the ethical standards for all lawyers. or observance of. including those in government service. Applicant must disclose under oath in application form any crime of which he is . A lawyer can do honor to the legal profession by faithfully performing his duties to the court. The distribution of the exams shall be as follows: 1 st day: political law and International law (Am) and labor and social legislation in the afternoon (pm). the duty to “promote respect for law and legal processes” and to abstain from “activities aimed at defiance of the law or at lessening confidence in the legal system” (Rule 1. which limits yet uplifts it as a livelihood.” It specifically refers to the branch of modern science. the Lawyer and the Legal Profession. which treats of the duties which an attorney owes to the court. practice and procedure and the relations of the bar thereto • To encourage and foster legal education • To promote a continuing program of legal research in substantive and adjective law. Respect for law is gravely eroded when lawyers themselves. Nothing that could identify the examinee shall be placed on the examination papers. to the public to his brethren in the profession. One who aspires to profess the law must show his fitness for admission by adherence to. national.

But after having presented prima facie evidence of his qualifications. nonetheless. Santos v. Each party here was too anxious and willing to make serious accusations against the other which the exertion of reasonable diligence along with simple courtesy would have shown to be unwarranted by the facts and the records. The additional qualifications may be apart from whatever qualifications the legislature may provide.02 A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character.” Rule 7. If what the applicant concealed is a crime that doesn‟t involve moral turpitude. herein complainant. it is respectfully recommended that the charges and countercharges between Atty.g. • Possess the required educational qualifications (four-year high school course + bachelor‟s degree in arts or sciences with PolSci/ Logic/ English/ Spanish/ History/ Economics as a major field of concentration + 4 year bachelor‟s degree in law with completed courses in civil law. public and private international law. courtesy and civility rightly demanded of members of the ancient and learned profession of the law. Concealment or withholding from court of fact that crime charged is ground for disqualification of applicant to take the bar exam. noncompletion of prescribed course. and must be taken progressively in the usual manner (e. remedial law.charged. and as well as their clients. medical jurisprudence. Rule 7. Each attorney here was too prone to use intemperate and offensive language in describing the behavior of the other… WHEREFORE. Macias v. He should not execute affidavit of good moral character in favor of applicant whom he knows has not lived up to such standard. Camacho v. Lawyers must at all times treat each other. Cornejo. or school. Malig. it is the fact of concealment and not the commission of the crime itself that makes him morally unfit to become a lawyer. applicant who only completed pre-law after he began studying law not qualified to take the bar) • Pass the bar exams. labor and social legislation. legal ethics). in fact possess the necessary qualifications at the time of his admission. The fact that the bar exam committee has passed upon. respondent attorney proceeded. college. Malig be dismissed for insufficiency of evidence and lack of merit. Q-97-30549. 63 Phil 293 (1936) “Mutual bickering and unjustifiable recriminations between brother attorneys detract from the dignity of the legal profession and will not receive any sympathy from this court. or bad moral character in the presence of clearly preponderant evidence that he did not. respondent is guilty of violating the CPR…” shall avoid harassing tactics against opposing counsel. shifts to the complainant. or other relevant attribute. He must. however. He should volunteer information or . or for revocation of license to practice. By seeking admission to practice of law. applicant assumes the burden of proof to establish all those qualifications to the court. 157 SCRA 762 (1988) “The Court is not prepared to condone by passing over sub silentio the misconduct of which complainant and respondent are guilty one vis-à-vis the other. commercial law. 322 SCRA 529 “By indicating IBP-Rizal 259060” in his pleadings and thereby misrepresenting to the public and the courts that he had paid his IBP dues to the Rizal Chapter. He should help in guarding the bar against admission of candidates who are unfit or unqualified. former clients. and the rest of the community. taxation. We hold that complainant Macias and respondent Malig are both guilty of conduct unbecoming a lawyer and an officer of the court. political law. Llamas. Macias and Atty. with that personal dignity. Respondent fell short of the demands required of him as a lawyer and a member of the Bar. education. in such a case. The failure of respondent whether by design or because of oversight is an inexcusable violation of the canons of professional ethics and in utter disregard of a duty owing to a colleague. The burden of proof. Courses of study must be completed in an authorized and recognized university. produce sufficient evidence to clear any doubt as to any of his qualifications. both parties should be severely disciplined by the imposition of heavy fine in addition to being subjected to stern censure by the SC. Pangulayan.” Javier v. The lawyer‟s name may not. it is incumbent upon anyone objecting to his admission to offer contrary evidence to overcome the applicant‟s prima facie showing. accordingly. criminal law. who was counsel of record in Civil Case No. the applicant‟s qualifications will not preclude a subsequent judicial inquiry on the same question in a disbarment proceeding where that question is raised as an issue. be stricken from the roll of attorneys by reason of alienage. and is satisfied with. Each party here has shown himself to be too ready to believe the other guilty of serious misconduct in the practice of the profession to which they both belong while vehemently asserting his own good faith.01 A lawyer shall be answerable for knowingly making a false The SC may likewise prescribe such other qualifications or requirements as it may deed necessary to elevate the standards of the legal profession. 328 SCRA 631 “Although aware that the students were represented by counsel. to negotiate with them and their parents with out at the very least communicating the matter to their lawyer.

it is the right of any lawyer. and L-30546. et. fairness. prepared the papers for the revocation of the power of attorney previously executed in favor of the first lawyer. which requires the application of law. which another lawyer previously handled. Atty. Clemente M. Rule 7. Clemente Soriano agreed to render professional services in consideration of a contingent fee and entered his appearance in cases L-24114 entitled PHHC and UP v. A lawyer shall conduct himself with courtesy. he should at least give sufficient notice to such lawyer of the contemplated substitution. practice or procedure and calls for legal knowledge.cooperate in any investigation concerning alleged anomaly in the bar exam. both terminated before this Court.02 A lawyer shall not. Without such notice of termination by client. disparage another lawyer.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law. But it is equally the substituting lawyer‟s duty to give the first lawyer every opportunity to have his claim protected. It is in this sense that he is severely censured. provided the other lawyer has been given notice by client that his service has been terminated.01 A lawyer shall not. directly or indirectly. Hon. and counsel. Held: Atty. encroach upon the professional employment of another lawyer. but if the lawyer first retained is relieved. If such conformity can‟t be obtained. in professional dealings. The substituting lawyer may have the duty to contest the first lawyer‟s claim to a right to compensation. When lawyers jointly associated in a case disagree on any matter vital to the client‟s interest. simultaneously. to safeguard the interest of his client. filed a motion for the payment of his attorney‟s fees. use language which is abusive. Soriano is guilty of gross negligence in the performance of his duties as a lawyer and as an officer of this court. Much less should he undertake to negotiate or compromise the matter with him. should communicate first with the original counsel before he enters his appearance in the case. A lawyer should not communicate upon the subject of controversy with a party represented by counsel. Improper conduct: competing with other lawyers over clients. Laput v. at the hearing of this incident. who. he had not bothered at all to communicate with the latter. entitled Varsity Hills vs.al. make comparisons. Neither should he sanction his client‟s attempt to settle a litigated matter with the adverse party without the knowledge of the latter‟s counsel. etc. In his stead the client contracted the services of another lawyer. the conflict of opinion should be frankly stated to the client for the client‟s final determination. he may come into the case. but should only deal with his counsel.” “Relying on the assurance of the party respondent in said cases and of a mutual acquaintance on the status of each of the two cases. Mencias. and fraudulent transactions. in owning his mistake and the apology he made to the Court. He should expose before the SC corrupt or dishonest conduct in the profession and should accept without hesitation professional employment against a lawyer who has wronged his client. the first lawyer‟s voluntary withdrawal as counsel and his filing of a motion for the payment of his fees amounted to an acquiescence to the appearance of the second lawyer. as a colleague if the original counsel objects. were it not for his candor. Rule 8. of the premier control of over the case. without fear or favor. embraces any activity. and candor toward his professional colleagues. Tiburcio . in the absence of the adverse party‟s counsel. After the second lawyer had filed his appearance in court. 6 SCRA 45 (1962) “A lawyer was dismissed by his client because the latter no longer trusted him. Memesio Diaz. the first lawyer voluntarily withdrew as counsel and. Mariano. conviction of a crime involving moral turpitude. The client should be left to determine WON to employ additional counsel. legal principle. respondent Atty. whether in public or private life.. Held: The appearance of the second lawyer is not unprofessional or improper. The lawyer subsequently retained as additional counsel. offensive or otherwise improper.” Term “practice of law”: do any of those acts which are characteristic of the legal profession. His entry of appearance in the said cases as “chief counsel of record” for the respondents in effect sought to pre-empt the former counsel. Neither should he. Herminio C. Remotique.al. to give proper advice and assistance to those seeking relief against unfaithful or neglectful Canon 8. training and experience. nor shall he. however. a lawyer retained to take over a case from a peer should do so only after he shall have obtained the conformity of the counsel whom he substituted. et. . in or out of court. publicize his talent as a means to law practice Lawyer may accept employment to handle a matter. He should decline association. This inexcusable negligence would merit no less than his suspension from the practice of the law profession. behave in a scandalous manner to the discredit of the legal profession. interview the adverse party even if adverse party consents. Among the acts which adversely reflect on the lawyer‟s fitness to practice law which justify suspension from practice or disbarment include gross immorality. so those candidates who failed therein can be ferreted out and those lawyers responsible therefore can be disbarred. however. Rule 8. stealing another lawyer‟s client or inducing the latter to retain him by promise of better service/result/reduced fees. Yet.

And the general rule above stated (referring to non-recovery of attorney‟s fees by non-lawyers) cannot be circumvented when the services were purely legal. 2259. A juridical person must always appear in court by a duly licensed member of the bar. Rule 138 of the Rules of Court. even if he is not a lawyer. that employment should not include rendering legal services to members of that organization for their individual affairs. either alone or as associated with a practicing attorney under a firm name… An attempt to practice law by a person who has by order of this court been refused admission to the bar is a disobedience of such order and is contempt of court. 9) In re Soriano. resident in the province and of good repute for probity and ability. But it cannot practice law directly or indirectly by employing a lawyer to practice for it or to appear for others for its benefit. no examination or cross-examination of witnesses or presentation of evidence) • Services should not be habitually rendered. it would leave the public in hopeless confusion as to whom to consult in cases of necessity and also leave the bar in a chaotic condition. For Sec. is entitled to attorney‟s fees: for the same section adds that – “it shall be the duty and obligation of the Court or Hearing Officer to examine and cross examine witnesses on behalf of the parties and to assist in the orderly presentation of evidence.S.g. to aid the defendant in his defense although the person so assigned may not be a lawyer • Laymen is permitted by the SC to appear for another only in the Municipal or Metropolitan Trial Court. Practice of law is a privilege. 8 Phil. A lawyer should not allow an intermediary to intervene in the performance of his professional obligations. an isolated appearance may amount to practice in relation to rule prohibiting some persons from engaging in the exercise of the legal profession. Hearing Examiner thereof. that acting as an attorney without authority constitutes contempt of court. But a lawyer cannot be prevented from practicing law except for valid reasons. and the participation by him in an . v. pleadings must be subscribed by the party or his attorney. he cannot represent another in any other court nor be appointed by any court other than the MunTC or MetTC to aid a defendant in his defense. in absence of an authority from the high tribunal. 146 (1907) “Under section 102 of the Code of Civil Procedure. not qualified by the fact that an appeal has been taken from that order… The repeated irregular signature of pleadings by an attorney in the name of a firm improperly constituted. be recognized. with one partner who. had been denied the right to practice. 24. An attorney otherwise disqualified to practice law or who has been suspended or disbarred from practice can validly prosecute or defend his own litigation. aside from the fact that non-lawyers are not amenable to disciplinary measures. nor can a subscription by an agent.” thus making it clear that the representation should be exclusively entrusted to duly qualified members of the Bar… The permission for a non-member of the bar to represent or appear or defend in the said court on behalf of the party-litigant does not by itself entitle the representative to compensation for such representation. an accused who is a layman must always appear by counsel. • Layman should not charge or collect attorney‟s fees. They may hire attorneys to attend to and conduct its own legal businesses or affairs. Corporations cannot engage in the practice of law. Reason: nature of the privilege and on the confidential and trust relation between attorney and client. Ney. the parties shall not be required to be represented by legal counsel…” is no justification for a ruling that the person representing the partylitigant in the Court of Industrial Relations. Moreover. • Some laws: authorize union representative to appear for his organization or its members before the NLRC. In criminal cases involving grave and less grave offenses. the practice of law not being a matter of state‟s grace or favor. The subscription of the names of other persons is impliedly prohibited and is illegal. and that if fees were to be allowed to non-lawyers. other than an admitted attorney. Such relationship cannot exist unless the client‟s representative in court be a lawyer… The reasons are that the ethics of the legal profession should not be violated. Individual litigant in civil case has the right to conduct his litigation personally. A person not admitted to the bar may not hold himself out to the public as engaged in the practice of law. implies customarily or habitually holding oneself out to the public. He may accept employment from any organization to render legal services in any matter in which the organization is interested.” U. Sec. But he will be bound by the same rules of procedure and evidence as those applicable to parties appearing through counsel. in its discretion. However. and the law will not assist a person reap the fruits or benefit of an unlawful act or an act done in violation of the law.presupposes attorney-client relationship. labor arbiter or arbitrator (Labor Code & Rules of the NLRC) . agreement as to fees – An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services…” imports the existence of an attorney-client relationship as a condition to the recovery of attorney‟s fees. by an order of this court. as a lawyer for compensation as a source of livelihood or in consideration of his service. and an individual to act on behalf of a claimant before a cadastral court. Allowed limited representation on behalf of others by laymen: • Municipal trial court/metropolitan trail court – a party may conduct litigation with aid of agent or friend appointed by him for that purpose • Criminal proceeding before municipal trial court in a locality where duly licensed lawyer not available – the MTC may. Compensation of attorneys. admit or assign a person. except in the MunTC where it may be represented by its agent or officer who need not be a lawyer. (Act No. 33 SCRA 801 (1970) Limitations that should be observed in cases where layman may represent another: • He should confine his work to non-adversary contentions (e. by seeking to recover as an ‟agent‟ and not as an attorney. 24. providing “Sec. he may not be heard to complain later that he has been deprived of the right to the assistance of counsel. Exception: charitable society rendering aid to the indigent is not an intermediary within the meaning of the rule. which is punishable by fine or imprisonment or both.

ordinarily a layman to the intricacies and vagaries of the law. A lawyer must resist the whims and caprices of his client. which is paid to his heirs or estate. assist in the unauthorized practice of law. detectives. However. etc. . as in the present case… The provision in Section 5(b) of Republic Act 875 that „In the proceeding before the Court or In re: del Rosario. 399 (1922) “The practice of law is not an absolute right to be granted everyone who demands it. He is not obliged to refrain from making every proper argument in support of any legal point because he isn‟t convinced of its inherent soundness. After doing so. rather than traverse the incontrovertible. 52 Phil.” Canon 9. Neither is he obliged to suggest arguments against his position. • Not represent himself as lawyer for a client. appear for client in court and present pleadings. A lawyer‟s oath to uphold the cause of justice is superior to his duty to his client. Cobb-Perez v. Improper: when effect of this arrangement is to make estate or heir a member of partnership along with surviving partners. It is the duty of a counsel to advise his client. If he finds that his client‟s cause is defenseless. like the computation and determination of period within which to appeal an adverse judgment. is misbehavior which renders him guilty of contempt under section 232 of the Code of Civil Procedure. A lawyer shall not. examining court records. and temper his client‟s propensity to litigate. or where estate or heir is to receive a percentage of the fees that may be paid from future business of the deceased lawyer‟s clients. strictly speaking. 24 SCRA 291 (1968) “A counsel‟s assertiveness in espousing with candor and honesty his client‟s case must be encouraged and is to be commended. researchers. money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement. presentation of evidence. Also allowed: availing help of law students in many fields of the lawyer‟s work. is condemned by Canon 34 of Legal Ethics and is immoral and cannot be justified. Allowed: employing lay secretaries. examination of witnesses.. only to claim later that he was not authorized to do so. to undertake task not involving practice of law. Lantin. which he believes. he may challenge the soundness of the decision or present reasons.” Rule 9.02 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. what we do not and cannot countenance is a lawyer‟s insistence despite the patent futility of his client‟s position. fairness and good faith to the court. lawyer is not an umpire but an advocate. but is a privilege to be extended or withheld in the exercise of a sound discretion… Acquittal upon a criminal charge is not a bar to proceedings intended to determine if a candidate is worthy to be admitted to the bar… The standards of the legal profession are not satisfied by conduct which merely enables one to escape the penalties of criminal law. as in the case at bar. finding and interviewing witnesses. An award by a court of attorney‟s fees is no less immoral in the absence of a contract. directly or indirectly. Rule 9. on the merit or lack of merit of his case. accountants. upon the latter‟s death. PAFLU v.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing. investigators. represent compensation for legal services the deceased lawyer rendered during his lifetime.” Canon 10 A lawyer owes candor. whereby a non-lawyer union president is allowed to share in said fees with lawyers. Cannot be delegated to layman: work involving the application of law. Binalbagan-Isabela Sugar Co. Some requirements of candor: • Not suppress material and vital facts which bear on the merit or lack of merit of complaint or petition • Volunteer to court any development of the case which has rendered the issue raised moot and academic • Disclose to court any decision adverse to his position of which opposing counsel is apparently ignorant and which court should consider in deciding case. except: a. 42 SCRA 802 (1971) “Applicable to the issue at hand is the principle…that an agreement provided for the division of attorney‟s fees. or b. delivering papers. or These first two exceptions. Its primacy is indisputable. like examination of a case law. non-lawyer draftsmen. would warrant court in not following it in the pending case. Where there is a pre-existing agreement with a partner or associate that. Where a lawyer undertakes to complete unfinished or legal business of a deceased lawyer. then it is his bounden duty to advise the latter to acquiesce and submit.act of contempt committed by such partner.

who shall hold office for a period of one year. Sec. history and economics. Applicants shall also file at the same time their own affidavits as to their age. Criminal Law. 15 per cent. . books or notes into the examination rooms. 12. 20 per cent. The subjects shall be distributed as follows: First day: Political and International Law (morning) and Labor and Social Legislation (afternoon). shall be barred from the examination. requiring for admission thereto the completion of a four-year high school course. and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. 5 per cent. 15 per cent.No candidate shall endeavor to influence any member of the committee. shall be given to each examinee. Pre-Law. The retirement benefits in the form of pension represent additional deferred wages or compensation for past services of the employees.Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court.No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that. . and certificates as to their professional standing. This exception does not involve. Examinees shall not place their names on the examination papers.Persons taking the examination shall not bring papers. Sec. . the committee shall file its reports on the result of such examination. including permanent disqualification. The examination papers and . . If not embraced within sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificate required by section 5.In order that a candidate may be deemed to have passed his examinations successfully. and in writing. No oral examination shall be given. Sec. and if embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to practice. In determining the average. Bar examination. Sec. and who shall be designated by the court to serve for one year. who shall act as chairman. the subjects in the examination shall be given the following relative weights: Civil Law. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time. english. chan robles virtual law library Sec. Only noiseless typewriters shall be allowed to be used. or as soon thereafter as may be practicable. Time for filing proof of qualifications. 15 per cent. 10. Political and International Law. may be taken in the discretion of the court. even if the plan is based in whole or in part on profitsharing arrangement. 10 per cent. without falling below 50 per cent in any subject. residence. Fourth day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon). 13. 11. Report of the committee. Taxation. 7. Sec. before he began the study of law.All applicants for admission shall file with the clerk of the Supreme Court the evidence required by section 2 of this rule at least fifteen (15) days before the beginning of the examination. . the course of study prescribed therein for a bachelor's degree in arts or sciences with any of the following subjects as major or field of concentration: political science. Examinees shall answer the questions personally without help from anyone. and further disciplinary action. Committee of examiners. Labor and Social Legislation.Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. Remedial Law. he had pursued and satisfactorily completed in an authorized and recognized university or college. filing of examination papers. Sec. strictly speaking. and eight members of the bar of the Philippines. Third day: Mercantile Law (morning) and Criminal Law (afternoon). The candidate who violates this provision. a division of legal fees with non-lawyer employees. satisfactory evidence that the same has not been revoked. . . This committee shall be composed of a Justice of the Supreme Court. Disciplinary measures. logic. and the same to count as a failure against him. and citizenship. The questions shall be the same for all examinees and a copy thereof.c. Sec. Second day: Civil Law (morning) and Taxation (afternoon). 6. Where a lawyer or law firm includes non-lawyer employees in a retirement plan. 10 per cent. in English or Spanish. 14. They shall be held in four days to be designated by the chairman of the committee on bar examiners. he must have obtained a general average of 75 per cent in all subjects. or any other provision of this rule. 15. 10 per cent. Mercantile Law. . Passing average. The names of the members of this committee shall be published in each volume of the official reports. Annual examination. Legal Ethics and Practical Exercises. by questions and answers.Not later than February 15th after the examination. the Supreme Court may allow such examinee to use a typewriter in answering the questions. spanish. chan robles virtual law library The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds.

Compliance group 1. PURPOSE SECTION 1. the Court hereby resolves to adopt. . Rule 3. all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period. BAR MATTER NO. Except for the initial compliance period for members admitted or readmitted after the establishment of the program. after the court has approved the report. (d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws.Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group1. is a resolution of the Court dated AUG 22 2000.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. the MCLE Committee shall be constituted in accordance with these Rules. Sec. . (c) At least five (5) hours shall be devoted to alternative dispute resolution. Constitution of the MCLE Committee. Failing candidates to take review course. and reviewed and passed upon by the Supreme Court Committee on Legal Education.Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their careen they keep abreast with Jaw and jurisprudence. Initial compliance period. and jurisprudence.x ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES Considering the Rules on Mandatory Continuing Legal Education (MGLE) for members of the Integrated Bar of the Philippines (IBP). MANDATORY CONTINUING LEGAL EDUCATION SECTION 1.At least six (6) hours shall be devoted to legal ethics. COMPLIANCE PERIOD SECTION 1. SEC. SEC.The initial compliance period shall begin not later than . endorsed by the Philippine Judicial Academy. (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee. (b) At least four (4) hours shall be devoted to trial and pretrial skills. -. EN BANC Bar Matter No. 2. Of the 36 hours: (a) . 850 . -. (e) At least four (4) hours shall be devoted to legal writing and oral advocacy. Purpose of the MCLE. for your information. -. 2. maintain the ethics of the profession and enhance the standards of the practice of law.Within two (2) months from the approval of these Rules by the Supreme Court En Banc. 16.MANDATORY CONTINUING LEGAL EDUCATION (MCLE) x ---------------------------------------------------------------------------------------------------------------------------------.three (3) months froth the constitution of the MCLE Committee. the following rules for proper implementation: Rule 1. -. (f) At least two (2) hours shall be devoted to international law and international conventions.Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. as it hereby adopts. -. recommended by the IBP.notes of the committee shall be fixed with the clerk and may there be examined by the parties in interest. Rule 2. Requirements of completion of MCLE. 850 RE: MANDATORY CONTINUING LEGAL EDUCATION (MCLE) Gentlemen: Quoted hereunder.

-. EDITING AND REVIEW 2.Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3. Compliance group 2.2 LECTURER 5 CU PER HOUR 1. ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES 1. AUTHORSHIP. Compliance period for members admitted or readmitted after establishment of the program.4 PANELIST/REACTOR/COMMENTATOR ASSIGNED 2 CU PER HOUR 1. Fractions of hours shall be rounded up to the next whole number. (b) Where more than four (4) months remain of the initial compliance period after admission or readmission.5 MODERATOR/COORDINATOR/FACILITATOR 2 CU PER HOUR 2.Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2. SEC.3 BOOK EDITOR 50-100 PP 12-16 CU 10-12 CU 5-6 CU 101+ 17-20 CU 13-16 CU 7-11 CU 1/2 OF THE CU OF AUTHORSHIP CATEGORY PUBLISHED BOOK WITH PROOF AS EDITOR . -. CONFERENCES. -. 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.3 RESOURCE SPEAKER 3 CU PER HOUR 1. -.2 BOOK SINGLE AUTHOR 2 AUTHORS 3 OR MORE 2. WORKSHOPS. SEC. the member is not required to comply with the program requirement for the initial compliance. RULE 4. Compliance group 3.The following are the guidelines for computation of credit units (CU): PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS 1. CONVENTIONS. 5.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS PHOTOCOPY OF PLAQUE OR SPONSOR’S CERTIFICATION PHOTOCOPY OF PLAQUE OR SPONSOR’S CERTIFICATION CERTIFICATION FROM SPONSORING ORGANIZATION CERTIFICATION FROM SPONSORING ORGANIZATION 1. 4. 3. 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 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 members admitted or readmitted. SEMINARS.1 RESEARCH/INNOVATIVE PROGRAM/CREATIVE PROJECT 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED TECHNICAL REPORT/PAPER PUBLISHED BOOK 2. Guidelines. SYMPOSIA. COMPUTATION OF CREDIT UNITS SECTION 1.SEC.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. DIALOGUES. IN-HOUSE EDUCATION PROGRAMS.

coordinator or facilitator in approved education activities. (e) The Solicitor General and the Assistant Solicitors General. -. workshops. Claim for non-participatory credit. PROFESSORIAL LECTURE/LAW TEACHING CHAIR/BAR REVIEW 5-10 PP 6 CU 4 CU 2 CU 11+ 8 CU 6 CU 4 CU PUBLISHED ARTICLE 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL 6 CU PER CHAIR 1 CU PER LECTURE HOUR CERTIFICATION OF LAW DEAN OR BAR REVIEW DIRECTOR SEC. incumbent and retired members of the judiciary.g. -. Rule 6. SEC. or book renew which contribute to the legal education of the author member. (b) Speaking or lecturing. conventions. incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy program of continuing judicial education.In numbers 2 and 3 of the guidelines in the preceding Section. -. symposia. Claim for participatory credit.Participatory credit may be claimed for: (a) Attending approved education activities like seminars conferences. reactor.Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time). the total maximum credit units shall not exceed twenty (20) hours per three (3) years. CATEGORIES OF CREDIT SECTION 1. commentator. . which were not prepared in the ordinary course of the member's practice or employment. Chief State Prosecutor and Assistant Secretaries of the Department of Justice. chapter. written materials published or accepted for publication. Classes of credits. -. or acting as assigned panelist.Non participatory credit may be claimed per compliance period for: (a) Preparing.The credits are either participatory or non-participatory. -. (b) Senators and Members of the House of Representatives. resource speaker. book. Rule 7. as an author or co-author. Rule 5. Computation of credit hours. (c) Teaching in a law school or lecturing in a bar review class. (b) Editing a law book. 2.4 LEGAL ARTICLE SINGLE AUTHOR 2 AUTHORS 3 0R MORE 2. dialogues or round table discussions.The following members of the Bar are exempt from the MCLE requirement: (a) The President and the Vice President of the Philippines. in hours to the nearest one-quarter hour. Limitation on certain credit units. and the Secretaries and Undersecretaries of Executive Departments. -. 2. (d) The Chief State Counsel. SEC. EXEMPTIONS SECTION 1. (c) The Chief Justice and Associate Justices of the Supreme Court. COMPUTATION OF CREDIT HOURS SECTION 1. Parties exempted from the MCLE.5 LEGAL NEWSLETTER/LAW JOURNAL EDITOR 3.2. in the form of an article. law journal or legal newsletter. moderator. 3.. in-house education programs. e.

as physical disability. 5. Good cause for exemption from or modification of requirement -. Rule 8. (d) Where the activity is more than one (1) hour in length. are eligible to be approved providers. as well as subjects in legal writing and oral advocacy.group may be approved as a provider for a term of two (2) years. Rule 9. Deputy and Assistant Government Corporate Counsel. 2.Subject to the rules as may be adopted by the MCLE Committee. 4.(f) The Government Corporate Counsel. bar reviewers and professors of law who have teaching experience for at least 10 years in accredited law schools. 2. and (I) Governors and Mayors SEC. including an extension of time for compliance.g. -. SEC. the Overall Deputy Ombudsman. Change of status. (j) Incumbent deans. -. 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 2 of this Rule. -.Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents. STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES SECTION 1. Other parties exempted from the MCLE. 2. SEC. 2. APPROVAL OF PROVIDERS SECTION 1. the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman. Proof of exemption. Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy. Approval of MCLE program.All continuing legal education activities must meet the following standards: (a) The activity shall have significant current intellectual or practical content. Requirements for approval of providers. Approval of providers. 3. etc. -. including in-house providers. substantive written materials must be distributed to all participants.A member may file a verified request setting forth good cause for exemption (such. Such materials must be distributed at or before the time the activity is offered. (b) Those who have retired from law practice with the approval of the IBP Board of Governors. -. (b) The activity shall constitute an organized program of learning related to legal subjects and the legal profession. (i) Heads of government agencies exercising quasi-judicial functions. which may be renewed. illness. All providers of continuing legal education activities.The following Members of the Bar are likewise exempt: (a) Those who are not in law practice. Standards for all education activities. -. (h) The Ombudsman. in accordance with a procedure to be established by the MCLE Committee.) from compliance with or modification of any of the requirements.Approval of providers shall be done by the MCLE Committee. private or public.. post graduate study abroad.The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1.Any person or . upon written application. proven expertise in-law. Application for approval shall: . SEC. or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance Group. SEC. accounting-tax or medical-legal) that enhance legal skills or the ability to practice law. (c) The activity shall be conducted by a provider with adequate professional experience. -. and (2) the provider is specifically mandated by law to provide continuing legal education. (k) The Chancellor. including cross profession activities (e. SEC. (g) The Chairmen and Members of the Constitutional Commissions. (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.

Such Compliance Card must be returned to the address indicated therein no later than the day after the end of the member's compliance. -. What constitutes non-compliance. Member record keeping requirement. subject matter and length of the activity.The approval of a provider may be renewed every two (2) years.(a) Be submitted on a form provided by the IBP. etc. (e) The provider shall indicate in promotional materials. -. ACTIVITY AND PROVIDER APPROVAL FEE SECTION 1. NON-COMPLIANCE PROCEDURES SECTION 1. SEC. (b) Contain all information requested on the form. GENERAL COMPLIANCE PROCEDURES SECTION 1. the time devoted to each topic and identity of the instructors. Revocation of provider approval. SEC. Renewal of provider approval. the nature of the activity. date. specifying the nature of the exemption. 2. as appropriate to the content of the activity. 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. date.Each member shall maintain sufficient record of compliance or exemption.). -. Payment of fees. after notice and hearing and for good cause. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt. 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. (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. The provider shall make available to each participant a copy of IBP-approved Education Activity Evaluation Form. 4. subject matter.Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. Requirements of all providers -. upon recommendation of the MCLE Committee. A record of non-participatory activity shall also be maintained by the member. -. copy furnished the IBP.IBP pertaining to MCLE. (2) The activity conforms to the standards for approved education activities prescribed by these Rules and such regulations as may be prescribed by the . -. 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. The official record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time. and length of the education activity. 5.The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors. or designees of the Committee and IBP staff for purposes of monitoring compliance with these Rules. (d) The provider shall allow in-person observation of all approved continuing legal education activities by members of the IBP Board of Governors. Rule 11. (c) The provider shall issue a record or certificate to all participants identifying the time. Rule 10. SEC. -. copy furnished the MCLE Committee. (f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one (1) year after the activity. location. Compliance card. location. A copy of such record shall be furnished the IBP.Application for approval of an education activity or as a provider requires payment of an appropriate fee. as referred to in Section 3 of Rule 5. 3.All approved providers shall agree to the fallowing: (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.period.The following shall constitute non-compliance: . (c) Be accompanied by the appropriate approval fee. (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 (legal ethics. Rule 12. SEC.

(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period. reporting. REINSTATEMENT SECTION. It shall. Non-compliance notice and 60-day period to attain compliance. The members of the Committee shall be of proven probity and integrity. SEC. Submission of annual budget. auditing. in which case the excess hours may be counted toward meeting the current compliance period requirement. The Member may use this period to attain the adequate number of credit hours for compliance.The MCLE Committee shall be composed of five (5) members. Termination of delinquent listing administrative process. Rule 15. 2. 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. Process. SHALL BE A CAUSE FOR LISTING AS A DELIQUENT 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. Listing as delinquent member. SEC. the Philippine Judicial Academy.(a) Failure to complete the education requirement within the compliance period. 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. (d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a non-compliance notice. a law center designated by the Supreme Court and associations of law schools and/or law professors. Such notice shall contain. including payment of non-compliance fee. 2. prescribe a schedule of MCLE fees with the approval of the Supreme Court. SEC. 1. 4. -. among other things. 2. This resolution shall take effect on the first of October 2000. Rule 14. namely. 2000. for whatever reason.shall employ such staff as may be necessary to perform the record-keeping. -. as Chair. MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE SECTION 1. Staff of the IBP.The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish. (e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. -. Composition. operate and maintain the MCLE Program. CONSEQUENCES OF NON-COMPLIANCE SECTION 1. Adopted this 22nd day of August. is in non-compliance at the end of the compliance period shall pay a non-compliance fee.A member who. and four (4) members respectively nominated by the IBP. Rule 13.A member failing to comply will receive a NonCompliance 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. a retired Justice of the Supreme Court. Credit hours attained during the period of non-compliance. -. Non-compliance fee. -. SEC. .The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the approval by the Supreme Court. -. -. 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 DATE OF NOTICE). SEC. These credit hours may not be counted toward meeting the current compliance period requirement. approval and other necessary functions. SEC. in which case Rule 139-A of the Rules of Court shall apply.The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement. in consultation with the IBP Board of Governors.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. 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. 2. (b) Failure to provide attestation of compliance or exemption. following its publication in two (2) newspapers of general circulation in the Philippines. In excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement. 3. -. Duty of the Committee. -.