B.M. No.

2012 February 10, 2009

PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING

LAWYERS

RESOLUTION

Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona re:
Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the
Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court
Resolved to APPROVE the same.

This Resolution shall take effect on July 1, 2009 following publication of the said Rule and
its implementing regulations in at least two (2) newpapers of general circulation.

February 10, 2009

REYNATO S. PUNO
Chief Justice
LEONARDO A. QUISUMBING CONSUELO YNARES-SANTIAGO
Associate Justice Associate Justice
ANTONIO T. CARPIO MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice Associate Justice
RENATO C. CORONA CONCHITA CARPIO MORALES
Associate Justice Associate Justice
ADOLFO S. AZCUNA DANTE O. TINGA
Associate Justice Associate Justice
MINITA V. CHICO-NAZARIO PRESBITERO J. VELASCO, JR.
Associate Justice Associate Justice
ANTONIO EDUARDO B. NACHURA TERESITA J. LEONARDO-DE CASTRO
Associate Justice Associate Justice
ARTURO D. BRION DIOSDADO M. PERALTA
Associate Justice Associate Justice

RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Title. - This Rule shall be known as "The Rule on Mandatory Legal Aid
Service."

SECTION 2. Purpose. - This Rule seeks to enhance the duty of lawyers to society as
agents of social change and to the courts as officers thereof by helping improve access to
justice by the less privileged members of society and expedite the resolution of cases
involving them. Mandatory free legal service by members of the bar and their active
support thereof will aid the efficient and effective administration of justice especially in
cases involving indigent and pauper litigants.
SECTION 3. Scope. - This Rule shall govern the mandatory requirement for practicing
lawyers to render free legal aid services in all cases (whether, civil, criminal or
administrative) involving indigent and pauper litigants where the assistance of a lawyer is
needed. It shall also govern the duty of other members of the legal profession to support
the legal aid program of the Integrated Bar of the Philippines.

SECTION 4. Definition of Terms. - For purposes of this Rule:

(a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of
parties in courts of law and quasi-judicial agencies, including but not limited to the
National Labor Relations Commission, National Conciliation and Mediation Board,
Department of Labor and Employment Regional Offices, Department of Agrarian Reform
Adjudication Board and National Commission for Indigenous Peoples. The term
"practicing lawyers" shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to practice;

(ii) Lawyers who by law are not allowed to appear in court;

(iii) Supervising lawyers of students enrolled in law student practice in duly accredited
legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and
peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of
their work already render free legal aid to indigent and pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are
employed in the private sector but do not appear for and in behalf of parties in courts of
law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the
Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R.
No.150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil
and administrative in nature in whatever stage wherein indigent and pauper litigants need
legal representation;

(d) Free legal aid services refer to appearance in court or quasi-judicial body for and in
behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall
also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed
mediation and in other modes of alternative dispute resolution (ADR). Services rendered
when a practicing lawyer is appointed counsel de oficio shall also be considered as free
legal aid services and credited as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in
the country;

(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is
specifically tasked with handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically
tasked with disciplining members of the Bar;
(h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the
different geographical areas of the country as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered
free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an
equivalent or similar position.

The term shall also include an officer holding a similar position in agencies exercising
quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an
accredited mediator who conducted the court-annexed mediation proceeding.

SECTION 5. Requirements. -

(a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of
twelve (12) months, with a minimum of five (5) hours of free legal aid services each month.
However, where it is necessary for the practicing lawyer to render legal aid service for
more than five (5) hours in one month, the excess hours may be credited to the said
lawyer for the succeeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases
where he may render free legal aid service. He may also coordinate with the IBP Legal
Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal
aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall
regularly and actively coordinate with the Clerk of Court.

The practicing lawyer shall report compliance with the requirement within ten (10) days of
the last month of each quarter of the year.

(b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of
Court attesting to the number of hours spent rendering free legal aid services in a case.

The certificate shall contain the following information:

(i) The case or cases where the legal aid service was rendered, the party or parties in the
said case(s) for whom the service was rendered, the docket number of the said case(s)
and the date(s) the service was rendered.

(ii) The number of hours actually spent attending a hearing or conducting trial on a
particular case in the court or quasi-judicial body.

(iii) The number of hours actually spent attending mediation, conciliation or any other
mode of ADR on a particular case.

(iv) A motion (except a motion for extension of time to file a pleading or for postponement
of hearing or conference) or pleading filed on a particular case shall be considered as one
(1) hour of service.

The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the
practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be
attached to the lawyer's compliance report.
(c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP
Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall then be tasked
with immediately verifying the contents of the certificate with the issuing Clerk of Court by
comparing the copy of the certificate attached to the compliance report with the copy
retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification, issue a compliance certificate to the
concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBP’s
NCLA for recording and documentation. The submission shall be made within forty-five
(45) days after the mandatory submission of compliance reports by the practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial
bodies the number and date of issue of their certificate of compliance for the immediately
preceding compliance period. Failure to disclose the required information would cause the
dismissal of the case and the expunction of the pleadings from the records.

(f) Before the end of a particular year, lawyers covered by the category under Section
4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year,
they are employed with the government or incumbent elective officials not allowed by law
to practice or lawyers who by law are not allowed to appear in court.

The form shall be sworn to and submitted to the IBP Chapter or IBP National Office
together with the payment of an annual contribution of Two Thousand Pesos (P2,000).
Said contribution shall accrue to a special fund of the IBP for the support of its legal aid
program.

(g) Before the end of a particular year, lawyers covered by the category under Section
4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned
NGO or PO to the effect that, during that year, they have served as supervising lawyers in
a legal clinic or actively participated in the NGO’s or PO’s free legal aid activities. The
certification shall be submitted to the IBP Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by the category under Section
4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they
are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be
sworn to and submitted to the IBP Chapter or IBP National Office together with the
payment of an annual contribution of Four Thousand Pesos (P4,000) by way of support
for the efforts of practicing lawyers who render mandatory free legal aid services. Said
contribution shall accrue to a special fund of the IBP for the support of its legal aid
program.

(i) Failure to pay the annual contribution shall subject the lawyer to a penalty of Two
Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund
for the legal aid program of the IBP.

SECTION 6. NCLA. -

(a) The NCLA shall coordinate with the various legal aid committees of the IBP local
chapters for the proper handling and accounting of legal aid cases which practicing
lawyers can represent.
(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with
respect to the coordination with Clerks of Court on legal aid cases and the collation of
certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records in compliance with this Rule.

(d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of
Court and forms mentioned in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that
will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this
Rule. For this purpose, it shall annually submit an accounting to the IBP Board of
Governors.

The accounting shall be included by the IBP in its report to the Supreme Court in
connection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties. -

(a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum
prescribed 60 hours of legal aid service each year shall be required by the IBP, through
the NCLA, to explain why he was unable to render the minimum prescribed number of
hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory,
the NCLA shall make a report and recommendation to the IBP Board of Governors that
the erring lawyer be declared a member of the IBP who is not in good standing. Upon
approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the
erring lawyer as a member not in good standing. Notice thereof shall be furnished the
erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the
IBP Chapter where the lawyer is registered, in case he did not submit a compliance report.
The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000)
penalty which shall accrue to the special fund for the legal aid program of the IBP.

(b) The "not in good standing" declaration shall be effective for a period of three (3)
months from the receipt of the erring lawyer of the notice from the IBP Board of Governors.
During the said period, the lawyer cannot appear in court or any quasi-judicial body as
counsel. Provided, however, that the "not in good standing" status shall subsist even after
the lapse of the three-month period until and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under this Rule for at least three (3)
consecutive years shall be the subject of disciplinary proceedings to be instituted motu
proprio by the CBD. The said proceedings shall afford the erring lawyer due process in
accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found
administratively liable, the penalty of suspension in the practice of law for one (1) year
shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or any form required to be submitted under this
Rule or any contents thereof shall be administratively charged with falsification and
dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice
to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any
Chairperson of the Legal Aid Committee of the IBP local chapter where the case is
pending or by the Director of a legal clinic or responsible officer of an NGO or PO shall be
a ground for an administrative case against the said Clerk of Court or Chairperson. This is
without prejudice to the filing of the criminal and administrative charges against the
malfeasor.

SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). - A lawyer

who renders mandatory legal aid service for the required number of hours in a year for the
three year-period covered by a compliance period under the Rules on MCLE shall be
credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and
pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for
legal writing and oral advocacy, four (4) credit units for substantive and procedural laws
and jurisprudence and six (6) credit units for such subjects as may be prescribed by the
MCLE Committee under Section 2(9), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aid service for the required number of hours in a
year for at least two consecutive years within the three year-period covered by a
compliance period under the Rules on MCLE shall be credited the following: one (1) credit
unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for
alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two
(2) credit units for substantive and procedural laws and jurisprudence and three (3) credit
units for such subjects as may be prescribed by the MCLE Committee under Section 2(g),
Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules. - The IBP, through the NCLA, is hereby given
authority to recommend implementing regulations in determining who are "practicing
lawyers," what constitute "legal aid cases" and what administrative procedures and
financial safeguards which may be necessary and proper in the implementation of this rule
may be prescribed. It shall coordinate with the various legal chapters in the crafting of the
proposed implementing regulations and, upon approval by the IBP Board of Governors,
the said implementing regulations shall be transmitted to the Supreme Court for final
approval.

SECTION 10. Effectivity. - This Rule and its implementing rules shall take effect on July
1,2009 after they have been published in two (2) newspapers of general circulation.

EN BANC

[B.M. 850. October 2, 2001]

MANDATORY CONTINUING LEGAL EDUCATION

RESOLUTION
ADOPTING THE REVISED RULES ON THE CONTINUING
LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES
Considering the Rules on the Mandatory Continuing Legal Education (MCLE)
for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP,
endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the
Supreme Court Committee on Legal Education, the Court hereby resolves to approve,
as it hereby approves, the following Revised Rules for proper implementation:

Rule 1. PURPOSE

SECTION 1. Purpose of the MCLE. Continuing legal education is required of

members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their
career, they keep abreast with law and jurisprudence, maintain the ethics of the
profession and enhance the standards of the practice of law.

Rule 2. MANDATORY CONTINUING LEGAL EDUCATION

SECTION 1. Commencement of the MCLE. Within two (2) months from the
approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall
be constituted and shall commence the implementation of the Mandatory Continuing
Legal Education (MCLE) program in accordance with these Rules.
SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt
under Rule 7 shall complete every three (3) years at least thirty-six (36) hours of
continuing legal education activities approved by the MCLE Committee. Of the 36
hours:
(a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit
units.
(b) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to
four (4) credit units.
(c) At least five (5) hours shall be devoted to alternative dispute
resolution equivalent to five (5) credit units.
(d) At least nine (9) hours shall be devoted to updates on substantive and procedural
laws, and jurisprudence equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal writing and oral
advocacy equivalent to four (4) credit units.
(f) At least two (2) hours shall be devoted to international law and international
conventions equivalent to two (2) credit units.
(g) The remaining six (6) hours shall be devoted to such subjects as may be
prescribed by the MCLE Committee equivalent to six (6) credit units.
 Rule 3. COMPLIANCE PERIOD

SECTION 1. Initial compliance period. -- The initial compliance period shall

begin not later than three (3) months from the adoption of these Rules. Except for the
initial compliance period for members admitted or readmitted after the establishment
of the program, all compliance periods shall be for thirty-six (36) months and shall
begin the day after the end of the previous compliance period.
SEC. 2. Compliance Groups. -- Members of the IBP not exempt from the MCLE
requirement shall be divided into three (3) compliance groups, namely:
(a) Compliance group 1. -- Members in the National Capital Region (NCR) or
Metro Manila are assigned to Compliance Group 1.
(b) Compliance group 2. -- Members in Luzon outside NCR are assigned to
Compliance Group 2.
(c) Compliance group 3. -- Members in Visayas and Mindanao are assigned to
Compliance Group 3.
Nevertheless, members may participate in any legal education activity
wherever it may be available to earn credit unit toward compliance with the
MCLE requirement.
SEC. 3. Compliance period of members admitted or readmitted after
establishment of the program. Members admitted or readmitted to the Bar after the
establishment of the program shall be assigned to the appropriate Compliance Group
based on their Chapter membership on the date of admission or readmission.
The initial compliance period after admission or readmission shall begin on the
first day of the month of admission or readmission and shall end on the same day as
that of all other members in the same Compliance Group.
(a) Where four (4) months or less remain of the initial compliance period after
admission or readmission, the member is not required to comply with the
program requirement for the initial compliance.
(b) Where more than four (4) months remain of the initial compliance period after
admission or readmission, the member shall be required to complete a number of
hours of approved continuing legal education activities equal to the number of
months remaining in the compliance period in which the member is admitted or
readmitted. Such member shall be required to complete a number of hours of
education in legal ethics in proportion to the number of months remaining in the
compliance period. Fractions of hours shall be rounded up to the next whole
number.

Rule 4. COMPUTATION OF CREDIT UNITS(CU)

SECTION 1. Guidelines. - CREDIT UNITS ARE EQUIVALENT TO CREDIT

HOURS. CREDIT UNITS measure compliance with the MCLE requirement
under the Rules, based on the category of the lawyers participation in the MCLE
activity. The following are the guidelines for computing credit units and the
supporting documents required therefor:

PROGRAMS/ACTIVITY CREDIT UNITS SUPPORTING DOCUMENTS

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

EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE
DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND
OTHER RELATED RULES

1.1 PARTICIPANT/ 1 CU PER HOUR OF CERTIFICATE OF

ATTENDEE ATTENDANCE ATTENDANCE WITH
NUMBER OF
HOURS
1.2 LECTURER FULL CU FOR THE PHOTOCOPY OF
RESOURCE SUBJECT PER PLAQUE OR
SPEAKER COMPLIANCE PERIOD SPONSORS
CERTIFICATIO
N

1.3 PANELIST/REACTOR 1/2 OF CU FOR THE CERTIFICATION

COMMENTATOR/ SUBJECT PER FROM
MODERATOR/ COMPLIANCE PERIOD SPONSORING
COORDINATOR/ ORGANIZATION
FACILITATOR

2. AUTHORSHIP, EDITING AND REVIEW

2.1 LAW BOOK OF NOT FULL CU FOR THE PUBLISHED BOOK

LESS THAN 100 PAGES SUBJECT PER
COMPLIANCE PERIOD
2.2 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK
AUTHORSHIP CATEGORY WITH
PROOF AS
EDITOR

2.3 RESEARCH PAPER 1/2 OF CU FOR THE DULY

INNOVATIVE PROGRAM/ SUBJECT PER CERTIFIED/
CREATIVE PROJECT COMPLIANCE PERIOD PUBLISHED
TECHNICAL
REPORT/PAPE
R
2.4 LEGAL ARTICLE OF AT 1/2 OF CU FOR THE PUBLISHED ARTICLE
LEAST TEN (10) PAGES SUBJECT PER
COMPLIANCE PERIOD

2.5 LEGAL NEWSLETTER/ 1 CU PER ISSUE PUBLISHED

LAW JOURNAL EDITOR NEWSLETTER/JOURNAL

2.6 PROFESSORIAL CHAIR/ FULL CU FOR THE CERTIFICATION OF

BAR REVIEW LECTURE SUBJECT PER LAW DEAN OR
LAW TEACHING/ COMPLIANCE PERIOD BAR REVIEW
DIRECTOR

Rule 5. CATEGORIES OF CREDIT UNITS

SECTION 1. Classes of Credit units. -- Credit units are either participatory or

non-participatory.
SEC. 2. Claim for participatory credit units. -- Participatory credit units may be
claimed for:
(a) Attending approved education activities like seminars, conferences, conventions,
symposia, in-house education programs, workshops, dialogues or round table
discussion.
(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator,
resource speaker, moderator, coordinator or facilitator in approved education
activities.
(c) Teaching in a law school or lecturing in a bar review class.
SEC. 3. Claim for non-participatory credit units. Non-participatory
credit units may be claimed per compliance period for:
(a) Preparing, as an author or co-author, written materials published or accepted for
publication, e.g., in the form of an article, chapter, book, or book review which
contribute to the legal education of the author member, which were not prepared
in the ordinary course of the members practice or employment.
(b) Editing a law book, law journal or legal newsletter.

Rule 6. COMPUTATION OF CREDIT HOURS (CH)

SECTION 1. Computation of credit hours. -- Credit hours are computed based on

actual time spent in an education activity in hours to the nearest one-quarter hour
reported in decimals.
 Rule 7. EXEMPTIONS

SECTION 1. Parties exempted from the MCLE. -- The following members of the
Bar are exempt from the MCLE requirement:
(a) The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and
retired members of the judiciary, incumbent members of the Judicial and Bar
Council and incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
Department of Justice;
(e) The Solicitor General and the Assistant Solicitors General;
(f) The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and
the Special Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
(j) Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least ten (10) years in accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professorial Lecturers of the Philippine Judicial Academy; and
(l) Governors and Mayors.
SEC. 2. Other parties exempted from the MCLE. The following Members of the
Bar are likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of
Governors.
SEC. 3. Good cause for exemption from or modification of requirement A
member may file a verified request setting forth good cause for exemption (such as
physical disability, illness, post graduate study abroad, proven expertise in law, etc.)
from compliance with or modification of any of the requirements, including an
extension of time for compliance, in accordance with a procedure to be established by
the MCLE Committee.
SEC. 4. Change of status. The compliance period shall begin on the first day of
the month in which a member ceases to be exempt under Sections 1, 2, or 3 of this
Rule and shall end on the same day as that of all other members in the same
Compliance Group.
 SEC. 5. Proof of exemption. Applications for exemption from or modification of
the MCLE requirement shall be under oath and supported by documents.

Rule 8. STANDARDS FOR APPROVAL OF

EDUCATION ACTIVITIES

SECTION 1. Approval of MCLE program. Subject to the implementing

regulations that may be adopted by the MCLE Committee, continuing legal
education program may be granted approval in either of two (2) ways: (1) the provider
of the activity is an accredited provider and certifies that the activity meets the
criteria of Section 2 of this Rule; and (2) the provider is specifically mandated by law
to provide continuing legal education.
SEC. 2. Standards for all education activities. All continuing legal education
activities must meet the following standards:
(a) The activity shall have significant current intellectual or practical content.
(b) The activity shall constitute an organized program of learning related to legal
subjects and the legal profession, including cross profession activities (e.g.,
accounting-tax or medical-legal) that enhance legal skills or the ability to
practice law, as well as subjects in legal writing and oral advocacy.
(c) The activity shall be conducted by a provider with adequate professional
experience.
(d) Where the activity is more than one (1) hour in length, substantive written
materials must be distributed to all participants. Such materials must be
distributed at or before the time the activity is offered.
(e) In-house education activities must be scheduled at a time and location so as to be
free from interruption like telephone calls and other distractions.

Rule 9. ACCREDITATION OF PROVIDERS

SECTION 1. Accreditation of providers. -- Accreditation of providers shall be

done by the MCLE Committee.
SEC. 2. Requirements for accreditation of providers. Any person or group may
be accredited as a provider for a term of two (2) years, which may be renewed, upon
written application. All providers of continuing legal education activities, including
in-house providers, are eligible to be accredited providers. Application
for accreditation shall:
(a) Be submitted on a form provided by the MCLE Committee;
(b) Contain all information requested in the form;
(c) Be accompanied by the appropriate approval fee.
 SEC. 3. Requirements of all providers. -- All approved accredited providers shall
agree to the following:
(a) An official record verifying the attendance at the activity shall be maintained by
the provider for at least four (4) years after the completion date. The provider
shall include the member on the official record of attendance only if the
members signature was obtained at the time of attendance at the activity. The
official record of attendance shall contain the members name and number in the
Roll of Attorneys and shall identify the time, date, location, subject matter, and
length of the education activity. A copy of such record shall be furnished the
MCLE COMMITTEE.
(b) The provider shall certify that:

(1) This activity has been approved BY THE MCLE COMMITTEE in the
amount of ________ hours of which ______ hours will apply in (legal ethics,
etc.), as appropriate to the content of the activity;

(2) The activity conforms to the standards for approved education activities
prescribed by these Rules and such regulations as may be prescribed by the
MCLE COMMITTEE.

(c) The provider shall issue a record or certificate to all participants

identifying the time, date, location, subject matter and length of the
activity.

(d) The provider shall allow in-person observation of all approved

continuing legal education activity by THE MCLE COMMITTEE,
members of the IBP Board of Governors, or designees of the
Committee and IBP staff Board for purposes of monitoring
compliance with these Rules.

(e) The provider shall indicate in promotional materials, the nature of

the activity, the time devoted to each topic and identity of the
instructors. The provider shall make available to each participant a
copy of THE MCLE COMMITTEE-approved Education Activity
Evaluation Form.

(f) The provider shall maintain the completed Education Activity

Evaluation Forms for a period of not less than one (1) year after the
activity, copy furnished the MCLE COMMITTEE.

(g) Any person or group who conducts an unauthorized activity under

this program or issues a spurious certificate in violation of these
Rules shall be subject to appropriate sanctions.
 SEC. 4. Renewal of provider accreditation. The accreditation of a provider may
be renewed every two (2) years. It may be denied if the provider fails to comply with
any of the requirements of these Rules or fails to provide satisfactory education
activities for the preceding period.
SEC. 5. Revocation of provider accreditation. -- the accreditation of any
provider referred to in Rule 9 may be revoked by a majority vote of the MCLE
Committee, after notice and hearing and for good cause.

Rule 10. FEE FOR APPROVAL OF ACTIVITY AND ACCREDITATION OF PROVIDER

SECTION 1. Payment of fees. Application for approval of an education activity

or accreditation as a provider requires payment of the appropriate fee as provided in
the Schedule of MCLE Fees.

Rule 11. GENERAL COMPLIANCE PROCEDURES

SECTION 1. Compliance card. -- Each member shall secure from the MCLE
Committee a Compliance Card before the end of his compliance period. He shall
complete the card by attesting under oath that he has complied with the education
requirement or that he is exempt, specifying the nature of the exemption. Such
Compliance Card must be returned to the Committee not later than the day after the
end of the members compliance period.
SEC. 2. Member record keeping requirement. -- Each member shall maintain
sufficient record of compliance or exemption, copy furnished the MCLE Committee.
The record required to be provided to the members by the provider pursuant to
Section 3 of Rule 9 should be a sufficient record of attendance at a participatory
activity. A record of non-participatory activity shall also be maintained by the
member, as referred to in Section 3 of Rule 5.

Rule 12. NON-COMPLIANCE PROCEDURES

SECTION 1. What constitutes non-compliance. The following shall constitute

non-compliance:
(a) Failure to complete the education requirement within the compliance period;
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including evidence of
exempt status) within the prescribed period;
(d) Failure to satisfy the education requirement and furnish evidence of such
compliance within sixty (60) days from receipt of non-compliance notice;
 (e) Failure to pay non-compliance fee within the prescribed period;
(f) Any other act or omission analogous to any of the foregoing or intended to
circumvent or evade compliance with the MCLE requirements.
SEC. 2. Non-compliance notice and 60-day period to attain
compliance. -Members failing to comply will receive a Non-Compliance Notice
stating the specific deficiency and will be given sixty (60) days from the date of
notification to file a response clarifying the deficiency or otherwise showing
compliance with the requirements. Such notice shall contain the following language
near the beginning of the notice in capital letters:

IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF

COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT
DATE 60 DAYS FROM DATE OF NOTICE), YOU SHALL BE
LISTED AS A DELINQUENT MEMBER AND SHALL NOT BE
PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS
ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY
THE MCLE COMMITTEE.

Members given sixty (60) days to respond to a Non-Compliance Notice

may use this period to attain the adequate number of credit units for
compliance. Credit units earned during this period may only be counted
toward compliance with the prior compliance period requirement
unless units in excess of the requirement are earned, in which case the
excess may be counted toward meeting the current compliance period
requirement.

Rule 13. CONSEQUENCES OF NON-COMPLIANCE

SECTION 1. Non-compliance fee. -- A member who, for whatever reason, is in

non-compliance at the end of the compliance period shall pay a non-compliance fee.
SEC. 2. Listing as delinquent member. -- A member who fails to comply with the
requirements after the sixty (60) day period for compliance has expired, shall be listed
as a delinquent member of the IBP upon the recommendation of the MCLE
Committee. The investigation of a member for non-compliance shall be conducted by
the IBPs Commission on Bar Discipline as a fact-finding arm of the MCLE
Committee.
SEC. 3. Accrual of membership fee. -- Membership fees shall continue to accrue
at the active rate against a member during the period he/she is listed as a delinquent
member.

Rule 14. REINSTATEMENT

 SECTION 1. Process. -- The involuntary listing as a delinquent member shall be
terminated when the member provides proof of compliance with the MCLE
requirement, including payment of non-compliance fee. A member may attain the
necessary credit units to meet the requirement for the period of non-compliance
during the period the member is on inactive status. These credit units may not be
counted toward meeting the current compliance period requirement.
Credit units earned during the period of non-compliance in excess of the number
needed to satisfy the prior compliance period requirement may be counted toward
meeting the current compliance period requirement.
SEC. 2. Termination of delinquent listing is an administrative process. The
termination of listing as a delinquent member is administrative in nature AND it shall
be made by the MCLE Committee.

Rule. 15. COMMITTEE ON MANDATORY CONTINUING

LEGAL EDUCATION

SECTION 1. Composition. The MCLE Committee shall be composed of five (5)

members, namely, a retired Justice of the Supreme Court as Chair, and four (4)
members respectively nominated by the IBP, the Philippine Judicial Academy, a law
center designated by the Supreme Court and associations of law schools and/or law
professors.
The members of the Committee shall be of proven probity and integrity. They
shall be appointed by the Supreme Court for a term of three (3) years and shall receive
such compensation as may be determined by the Court.
SEC. 2. Duty of committee. The MCLE Committee shall administer and adopt
such implementing rules as may be necessary subject to the approval of the Supreme
Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule
of MCLE fees with the approval of the Supreme Court.
SEC. 3. Staff of the MCLE Committee. Subject to approval by the Supreme
Court, the MCLE Committee shall employ such staff as may be necessary to perform
the record-keeping, auditing, reporting, approval and other necessary functions.
SEC. 4. Submission of annual budget. The MCLE Committee shall submit to the
Supreme Court for approval, an annual budget [for a subsidy] to establish, operate
and maintain the MCLE Program.
This resolution shall take effect on the fifteenth of September 2000, following its
publication in two (2) newspapers of general circulation in the Philippines.
Adopted this 22nd day of August, 2000, as amended on 02 October 2001.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban,
Quisumbing, Pardo, Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez,
JJ., concur.
Kapunan, J., on official leave.