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Implementing

the Committee for such members


under Section 2(g), Rule 2.
8. Credit Units – The measure of
Regulations compliance with the
requirement under the Rules based
MCLE
MANDATORY CONTINUING LEGAL
on the category of the lawyer’s
EDUCATION
participation in the MCLE activity.
IMPLEMENTING REGULATIONS
9. Credit Hours – Actual time spent in
an education activity (actual
Section 1: Definitions instruction, speaking time
participation) computed in hours to the
or

nearest one-quarter hour (15 minutes)


1. Rules – Provisions of Supreme Court
reported in decimals.
Bar Matter 850 on Mandatory
Continuing Legal Education (MCLE).
2. Committee – The Mandatory Section 2: Minimum
Continuing Legal Education
Committee constituted in Rule 15 of Education Requirement
Bar Matter 850. Subject to the exemptions listed in
3. Implementing Regulations – These Sections 1 and 2, Rule 7 of the Rules,
regulations adopted by the every member of the IBP must complete
Committee. at least thirty-six (36) credit units of
4. Provider – Any person or group mandatory continuing legal education
accredited by the Committee to (MCLE) every three (3) years during the
provide continuing legal education compliance period as provided in Rule 2
activities in accordance with the and these Implementing Regulations.
standards set in Rules 8 and 9.
5. Education Activity – A continuing
legal education activity offered by an Section 3: Compliance
accredited provider and approved by Period
the Committee for the relevant The initial compliance period shall be
compliance period from April 15, 2001 up to April 14, 2004.
6. In-house Education Activity – An All succeeding compliance periods shall
education activity offered by a law firm begin the day after the end of the
or legal department of a corporation or preceding compliance period. The initial
government agency comprised of at compliance period for members newly
least 10 lawyers approved by the admitted or readmitted to the IBP shall
Committee to provide MCLE for the begin on the first day of the month of
lawyers of said law firm or legal admission or readmission and shall end
department of a corporation or on the same day as that of all other
government agency. members.
7. Special Education Activity – An
education activity or program which,
because of its significant value to the Section 4: Computation
practice of members who have sought
its approval, has been approved by of Credit Units
Credit units will be given for time spent 4. The Government Corporate Counsel,
in an approved education activity based Deputy and Assistant Government
on the category of the lawyer’s Corporate Counsel;
participation therein, as provided in 5. Heads of government agencies
Section 1, Rule 4 of the Rules. exercising quasi-judicial functions;

1. b. The Legislative

1. Credit units will be given only for time Senators and Members of the House of
spent in legal education activities Representatives;
which have been previously approved
by the Committee and conducted by c. The Judiciary
an accredited provider.
2. Credit units will be given in
accordance with Section 1 of Rule 4. The Chief Justice and Associate
3. Every approved education activity Justices of the Supreme Court,
shall be conducted for at least one incumbent and retired members of the
hour. However, if it should exceed one Judiciary, incumbent members of the
hour, one-half credit unit shall be Judicial and Bar Council, and incumbent
given for every half hour beyond the court lawyers covered by the Philippine
initial hour. Judicial Academy program of continuing
judicial education;
An in-house education activity must be
approved by the Committee before a d. The Constitutional Bodies
lawyer may earn any credit unit for
participation therein. 1. The Chairmen and Members of the
Constitutional Commissions;
Section 5: Exemptions 2. The Ombudsman, the Overall Deputy
Ombudsman, the Deputy
The following are exempted from the Ombudsmen and the Special
MCLE requirement: Prosecutor of the Office of the
Ombudsman.
a. The Executive
e. Law Schools/Academe
1. The President, Vice-President of the
Philippines, and the Secretaries and 1. Incumbent deans, bar reviewers and
Undersecretaries of the Executive professors of law who have had
Departments of the Philippine teaching experience for at least the
Government; (10) years in accredited law schools;
2. The Chief State Counsel, Chief State 2. The Chancellor, Vice-Chancellor and
Prosecutor, and Assistant Secretaries members of the Corps of Professors
of the Department of Justice; and Professorial Lecturers of the
3. The Solicitor General and the Philippine Judicial Academy;
Assistant Solicitors General;
f. Local Government
Governors and mayors; activities (e.g., accounting-tax or
medical-legal) that enhance legal
g. Non-Practicing Lawyers skills or the ability to practice law, as
well as subjects in legal writing and
oral advocacy.
1. Lawyers who are not in practice, 3. The activity shall be conducted by a
whether private or public; and provider with adequate professional
2. Those who have retired from law experience.
practice with the approval of the IBP 4. Where the activity is more than one
Board of Governors. (1) hour in length, substantive written
materials must be distributed to all
Section 6:  Other participants. Such materials must be
distributed at or before the time the
Exemptions or activity is offered.
Modifications 5. In-house education activities must be
scheduled at a time and location so as
For good cause (such as physical to be free from interruption like
disability, illness, post-graduate study telephone calls and other distractions.
abroad, proven expertise in law and 6. Information concerning the activity,
similar ground) and subject to approval including the brochure describing it,
by the Committee, a member may file a the qualifications of the speakers, the
verified request for exemption from method or manner of presentation of
compliance, or modification of any of the the materials, and, if necessary, a set
MCLE requirements, including extension of the materials shall be submitted to
of time for compliance. the Committee at least forty-five (45)
days prior to the presentation of the
Section 7: Approval of 7.
activity.
The participants shall be provided with
Continuing Legal the prescribed Education Activity
Evaluation Forms to be completed
Education Activity, and submitted by them to the provider
Program, or Course who in turn shall transmit a copy
thereof to the Committee at the end of
A continuing legal education activity
the legal education activity. The
approved for credit shall meet the
provider shall keep a set of the said
following standards:
forms for a period of not less than one
(1) year after the termination of the
1. The activity shall have significant continuing legal education activity.
current intellectual or practical 8. The provider shall submit to the
content, the primary objective of which Committee a report on the conduct of
is to improve the participant’s its continuing legal education activity
professional competence and ethical together with the accomplished MCLE
behavior. attendance cards of the attendees
2. The activity shall constitute an within thirty (30) days after the end of
organized program of learning related the legal education activity.
to legal subjects and the legal
profession, including cross profession
Section 8: Approval of hearing, for any of the following
grounds:
Special Education
4. Failure to comply with any of the
Activity reporting requirements under the
Rules and these Regulations;
1. An accredited provider shall apply for 5. Sub-standard content of the course
approval of a special education material or the quality of the
activity on a form to be provided by continuing legal education activities as
the MCLE Committee. It shall contain determined by the Committee under
a detailed description of the provider, the Rules and these Regulations;
the course, the course materials, the 6. Any misrepresentation in the
lectures and the activity and shall be application for accreditation as
submitted at least forty-five days (45) provider, or, in the application for
prior to the presentation of the activity. approval of a continuing legal
2. The provider may not publish that a education activity.
special education activity has been 7. Failure to comply with any other
approved except with prior written requirements of the Committee.
approval of the Committee.
3. The special education activity must 4. An applicant for accreditation as
meet the standards set forth in provider shall present a program of
Section 2, Rule 8 and these continuing legal education activity
Implementing Regulations. which meets the standards set forth in
Section 2 of Rule 8.
Section 9: 5. For the renewal of its accreditation, a
provider must demonstrate to the
Accreditation of Committee that its continuing legal
education activities have consistently
Continuing Legal met the standards of quality set forth
Education Providers in the Rules and in these Regulations.
6. Where a continuing legal education
1. Application may be made for activity has been approved and the
accreditation as a continuing legal activity is offered by an accredited
education provider by submitting the provider, the latter may announce, in
appropriate form to the Committee its brochures and/or registration
and paying the required fee. materials that: “This program has
2. The grant of accreditation shall be been approved by the MCLE
effective for a period of two (2) years Committee for ______ hours of
from the date of the grant. continuing legal education credit.”
Accreditation may be renewed upon
compliance with the requirements of Section 10: Reporting
the Committee.
3. Accreditation of a continuing legal Duties of Providers
education provider may be revoked by
the Committee, upon notice and 2. An accredited provider of a continuing
legal education activity, program, or
course is required to maintain an 5. Any person or group who conducts an
official record verifying the attendance unauthorized legal education activity,
of a member at the activity, program, program, or course and/or issues a
or course for at least four (4) years spurious certificate in violation of the
after the completion date. The Rules and these Regulations, shall be
provider shall include the member in subject to appropriate sanctions.
the official record of attendance only if
the member’s signature was obtained
at the time of attendance at the
Section 11:
activity, program, or course. The Determination of
official record of attendance shall
contain the member’s name and Lawyer’s Compliance
number in the Roll of Attorneys and
shall identify the time, date, location, 1. The Committee shall maintain current
subject matter, and length of the records of continuing legal education
education activity. A copy of such for every lawyer to whom the Rules
record shall be furnished the and these Implementing Regulations
Committee through the IBP. apply. Pursuant to Committee policy,
3. The provider shall certify that: these records shall be made available
to the lawyers concerned at a time
1. The activity has been approved by the and place convenient to the
Committee for ____ hours as Committee.
appropriate to the content of the 2. The continuing legal education
activity; and requirement must be completed by
2. The activity conforms to the standards the end of the compliance period.
prescribed by the Rules and these Every lawyer not exempt under the
Implementing Rules and these Regulations shall
report to the Committee the credit
3. Upon the termination of the continuing units earned by him during the
legal education activity, program or compliance period duly certified by the
course, the provider shall issue a providers.
certificate of attendance to each 3. A lawyer whose report shows full
participant identifying the time, date, compliance with the continuing legal
location, subject matter and length of education requirement shall be issued
the activity and the number of credit a compliance card by the Committee.
units earned.
4. The provider shall allow in-person
observation of all approved continuing
Section 12: Compliance
legal education activities by members Procedures
of the IBP Board of Governors, the
MCLE Committee, or designees of the 1. Each member not otherwise exempt
Committee and IBP Board for under the Rules or whose exempt
purposes of monitoring compliance status the Committee may take
with the Rules and these judicial notice of, shall secure from the
Implementing Regulations. MCLE Committee a Compliance Card
before the end of his compliance
period. He shall complete the card by 6. A member failing to comply with the
attesting under oath that he has continuing legal education
complied with the education requirement will receive a Non-
requirement or that he is exempt, Compliance Notice stating his specific
specifying the nature of the deficiency and will be given sixty (60)
exemption. Such Compliance Card days from the receipt of the
must be returned to the Committee notification to explain the deficiency or
not later than the day after the end of otherwise show compliance with the
the member’s compliance period requirements. Such notice shall be
2. Each member shall maintain a written in capital letters as follows:
sufficient record of compliance or
exemption, copy furnished the MCLE YOUR FAILURE TO PROVIDE
Committee. The record or certificate ADEQUATE JUSTIFICATION FOR
issued by the provider to all NON-COMPLIANCE OR PROOF OF
participants identifying the time, date, COMPLIANCE WITH THE MCLE
location, subject matter and length of REQUIREMENT WITHIN 60 DAYS
the activity shall be a sufficient record FROM RECEIPT OF THIS NOTICE,
of attendance at such participatory SHALL BE A CAUSE FOR LISTING
activity. A record of non-participatory YOU AS A DELINQUENT MEMBER
activity shall also be maintained by AND SHALL NOT BE PERMITTED TO
the member. PRACTICE LAW UNTIL SUCH TIME
3. If a lawyer fails to comply with any AS ADEQUATE PROOF OF
requirement under the Rules, the COMPLIANCE IS RECEIVED BY THE
Committee will send him/her a notice MCLE COMMITTEE.
of non-compliance on any of the
following deficiencies: The Member may use the 60-day period
to complete his compliance with the
1. Failure to complete the education MCLE requirement. Credit units earned
requirement within the compliance during this period may only be counted
period; toward compliance with the prior
2. Failure to provide attestation of compliance period requirement unless
compliance or exemption; units in excess of the requirement are
3. Failure to provide satisfactory earned, in which case the excess may
evidence of compliance (including be counted toward meeting the current
evidence of exempt status) within the compliance period requirement.
prescribed period;
4. Failure to satisfy the education
requirement and furnish evidence of 5. A member who is in non-compliance
such compliance within sixty (60) days at the end of the compliance period
from receipt of a non-compliance shall pay a non-compliance fee of
notice; and P1,000.00 and shall be listed as a
5. Any other act or omission analogous delinquent member of the IBP by the
to any of the foregoing or intended to IBP Board of Governors upon the
circumvent or evade compliance with recommendation of the MCLE
the MCLE requirements. Committee, in which case Rule 139-B
of the Rules of Court shall apply
Section 13: 1. Fee to accompany application for
accreditation as CLE provider …
Reinstatement P2,000.00 (P1,000.00 only for a
government educational institution or
1. Involuntary listing as a delinquent office or IBP Chapter)
member shall be terminated when the 2. Fee to accompany application for
member submits proof of full approval of CLE activity… P100.00
compliance to the IBP Board of per expected participant/attendee,
Governors. While he is on inactive subject to verification of official
status, he may earn the necessary attendance record submitted by the
credit units to complete the Provider. (A government educational
requirement for the period of non- institution, office, or IBP Chapter
compliance. These credit units may accredited as MCLE Provider shall
not be counted toward meeting the pay a nominal fee of P500.00 per
requirement of the current compliance applicantion for approval of MCLE
period. Any excess credit units earned activity/program).
by him to satisfy the prior compliance 3. Fee to accompany application for
period requirements, shall be counted exemption from CLE requirement
towards meeting the requirements of under Rule 7, Section 3 P1,000.00
the current compliance period. 4. Fee for non-compliance with CLE
2. The MCLE Committee shall be requirement P1,000.00
notified by the IBP Board of 5. Reinstatement fee P1,000.00
Governors of the reinstatement of a
delinquent member. This resolution shall take effect on the
3. Upon reinstatement, the member shall first of December 2001, following its
pay the IBP a reinstatement fee in the publication in two (2) newspapers of
amount of P1,000.00. general circulation in the Philippines.

Section 14: Reporting


Period After
Reinstatement
The compliance period for a member
who is reinstated to active status
following his/her suspension,
disbarment or resignation shall start on
the date of reinstatement and shall end
at the conclusion of the next compliance
period.

Section 15: Schedule of


Fees
The following is the schedule of fees to
be paid by providers and lawyers:

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