MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

- known as Bar Matter No. 850 issued on October 2, 2001 for the members of the
Integrated Bar of the Philippines (IBP) with an exemption.
- take note that there are those exempted from the compliance of the MCLE rules.

What is the purpose of the MCLE Rules?

 Ensure that throughout their career, lawyers keep abreast with the law and also
jurisprudence;
 Maintain the ethics of the profession; and
 Enhance the standards of the practice of law.

What is the mandate of the MCLE Rules?

 The members of the Integrated Bar of the Philippines (IBP) shall complete every three (3)
years at least thirty-six (36) hours of continuing legal education activities approved by the
MCLE Committee.

What composes the thirty-six 36 hours of MCLE?

Legal Ethics – At least six (6) hours ;

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

Alternative Dispute Resolution – At least five (5) hours;

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

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

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

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

What are the Classes of Credit Units?

 Participatory – Attending approved education activities; Speaking of lecturing, or acting

as an assigned panelist. Reactor, commentator, resource speaker, moderator, coordinator,
or facilitator in approved education activities. As well as teaching in a law school or
lecturing in a bar review class; or
 Non-Participatory – Preparing, as an author or co-author, written materials published or
accepted for publication. Editing a law nook, law journal, including the legal newsletter.
Who is exempted from MCLE?

The Bar Matter 850 consists of a listing of who is exempted from MCLE:

 President, Vice President of the Philippines;

 Secretaries including Undersecretaries of the Executive Departments;
 Senators as well as Members of the House of Representatives;
 Chief Justices as well as Associate Justices of the Supreme Court;
 Incumbent as well as Retired Members of the Judiciary;
 Incumbent Members of the Judicial and Bar Council (JBC);
 Incumbent Court Lawyers covered by the Philippine Judicial Academy (PHILJA)
Program of the Continuing Judicial Education ;
 Chief State Counsel, Chief State Prosecutor including Assistant Secretaries of the
Department of Justice (DOJ);
 Solicitor General and Assistant Solicitors General;
 Government Corporate Counsel, Deputy plus Assistant Government Corporate Counsel;
 Chairmen as well as Members of the Constitutional Commissions;
 Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman;
 Heads of Government Agencies Exercising Quasi-Judicial Functions;
 Incumbent Deans, Bar Reviewers, and Professors of Law who have teaching experience
for at least ten (10) years in accredited law schools;
 The Chancellor, Vice-Chancellor, and members of the Corps of Professors. As well as
Professional Lecturers of the Philippine Judicial Academy (PHILJA);
 Governors and Mayors;
 Members of the bar who are not in law practice, private or public; and
 Members who have retired from the practice with the approval of the IBP Board of
Governors.

Additional exemptions

Upon the filing of a verified request for setting forth good cause for exemption. 

(Under oath as well as supported by documents)

*These exemptions are not automatic.

 Physical Disability;
 Illness;
 Post-Graduate Study Broad; and
 Also Proven Expertise in Law;
What is MCLE Non-Compliance?

 Failure to complete the education requirement within the compliance period;

 Failure to provide an attestation of compliance or exemption;
 Failure to provide satisfactory evidence of compliance. (Including evidence of exempt
status) within the prescribed period;
 Failure to satisfy the education requirement and furnish evidence of such compliance
within sixty (60) days from receipt of non-compliance notice; and
 Any other act commission analogous to any of the foregoing or intended to circumvent.
Or evade compliance with the MCLE requirements.

Consequences of Non-compliance

Non-Compliance Notice – States the specific deficiency and member. Who failed to comply
will be given sixty (60) days from the date of notice to file a response. Clarifying the efficiency
or otherwise showing compliance with the requirements. Consequences of non-compliance are:

 Payment of non-compliance fee;

 Also, listing a delinquent member of the IBP upon the recommendation of the MCLE
Committee; and
 Lastly, membership fees shall continue to accrue at the active rate against the member.
However, even if there are consequences of non-compliance. The lawyer may reinstate such
status of being compliant. By proving or presenting evidence that has complied with the
requirements and the request to be reinstated must be also under oath including supporting pieces
of evidence.
 Notarial Practice Salient Features

Q1: When is there a need for a Notary Public?

Generally, Notary Public is needed if and when a person wants a private document transformed
into a public that could be relied upon by other people especially the government. These private
documents could be like contracts, affidavits, statements, as well as other documents required by
law that must be notarized. Examples are applications submitted to government agencies. Like
the Social Security System, Office of the Building Official, Securities and Exchange
Commission, Department of Environment and Natural Resources, and Embassy or Consular
Office.

Q2: What 2004 Rules allow for notarial acts?

The second question is answered by Rule IV, Section 1 of the 2004 Rules on Notarial Practice. It
says that “a notary public is empowered to perform the following notarial acts:”
 1) Acknowledgments -found in contracts;
 2) Oaths as well as affirmations;
 3) Jurat -are found in Affidavits or Sworn Statements;
 4) Signature witnessing;
 5) Copy certifications -is applied when a private document is reproduced in several
copies like a photocopy of an acknowledgment receipt after payment of a debt.; and
 6) Any other act authorized by these Rules.

Q3: Who is a Notary Public?

For question no. 3, a Notary Public is one who is qualified by law to do the notarial acts
mentioned. Rule III, Section 1 of the 2004 Rules on Notarial Practice, provides that: To be
eligible for commissioning as a notary public, the petitioner must be:

1) Must be a citizen of the Philippines;

2) Must be over twenty-one (21) years of age;
3) Must be a resident in the Philippines for at least one (1) year. Maintains a regular place of work of business in the city or province. Where the commission is to be issued;
4) Must be a member of the Philippine Bar. In good standing with clearances from the Office of the Bar Confidant of the Supreme Court as well as the Integrated Bar of the Philippines; and
5) Must not be convicted in the first instance of any crime involving moral turpitude.

Q4: What are the requirements when going to a Notary Public for notarization?

1. The original copy of the document.

2. One must have competent proof of identity. Take note that a cedula disqualifies as proof
of identity. Examples of acceptable competent proof of identity are valid government
identification cards like passport, SSS ID, Voters Identification Card, PRC ID card,
Driver’s License as well as UMID. When we say valid, the identification card must not
be expired.
Please take note that to have a contract notarized, one must bring along a witness to the
contract. The witnesses must not be parties to the contract as well as not related to the Notary
Public who is going to notarize the contract.

Q5: What is the indication that the document has been completely notarized?

Rule VIII, Section 2 of the 2004 Rules. It says, “the notarial certificate shall include the
following:

 a) The name of the Notary Public as exactly in the commission;

 b) The serial number of the commission of the notary public;
 c) The words “Notary Public” as well as the province or city where the notary public is
commissioned. The expiration date of the commission, the office address of the notary
public; and
 d) the Roll of Attorney’s number, the professional tax receipt number also the place as
well as the date of issuance thereof, and the IBP membership number.

Q6: What notaries public cannot do?

1. Must not notarize if not commissioned in the place of notarization.

2. If the commission has expired, the Notary Public could no longer notarize. As previously
said the notarial certificate contains the expiration date of the commission.
3. A notary public cannot notarize outside of his regular place of work or business. Except
for some situations that s/he is allowed in accordance with Rule IV, Section 2. Which
provides these exceptions:
o Public offices, convention halls, as well as similar places where oaths of office
may be administrated;
 o Public function areas in hotels and also similar places for the signing of
instruments or documents requiring notarization;
o Hospitals and other medical institutions. Where a party to an instrument or
document is confined for treatment; and
o Any place where a party to an instrument or document requiring notarization is
under detention. Remember that the exception presupposes that the parties
requested this. But however, the place of notarization is still within the Notary
Public’s territorial jurisdiction.

Q7: Lastly, what are the safeguards that the public must take note to avoid any legal
concerns relative to the notarization?

three (3) safeguards based on my experience as Notary Public:

1. Make sure that the Notary Public has the authority to notarize as well as within his/her
notarial jurisdiction;
2. Make sure that the items needed showing the completeness of the notarization is found in
the document itself. Also that the Notarial Certificate is entered in the Notarial Register;
and
3. Before leaving the Notary Public’s office, make sure to read the document itself.