OCA Circular No. 79 2014 PDF

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Republic of the Philippines

Supreme Court
Office of the Court Administrator
Manila

OCA CIRCULAR NO. 79-2014

TO: THE COURT OF APPEALS, SANDIGANBAYAN


COURT OF TAX APPEALS, REGIONAL TRIAL
COURTS, SHARI'A DISTRICT COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL
COURTS, MUNICIPAL CIRCUIT TRIAL
COURTS, SHARI'A CIRCUIT COURTS, THE
OFFICE OF THE STATE PROSECUTOR,
PUBLIC ATTORNEY'S OFFICE AND THE
INTEGRATED BAR OF THE PHILIPPINES

SUBJECT: BAR MATTER NO. 1922 (RE: RECOMMENDATION


OF THE MANDATORY CONTINUING LEGAL
EDUCATION [MCLE] BOARD TO INDICATE
IN ALL PLEADINGS FILED WITH THE COURTS
THE COUNSEL'S MCLE CERTIFICATE OF
COMPLIANCE OR CERTIFICATE OF EXEMPTION)

In the Resolution of the Court En Banc dated January 14, 2014 in


the above-cited administrative matter, the Court RESOLVED, upon the
recommendation of the MCLE Governing Board, to:

(a) AMEND the June 3, 2008 resolution by repealing


the phrase Failure to disclose the required information would
cause the dismissal of the case and the expunction of the
pleadings from the records and replacing it with Failure to
disclose the required information would subject the counsel to
appropriate penalty and disciplinary action; and

(b) PRESCRIBE the following rules for non-disclosure


of current MCLE compliance/exemption number in the
pleadings:
(i) The lawyer shall be imposed a fine of
P2,000.00 for the first offense, P3,000.00 for
the second offense and P4,000.00 for the
third offense;

(ii) In addition to the fine, counsel may be listed


as a delinquent member of the Bar pursuant
to Section 2, Rule 13 of Bar Matter No. 850
and its implementing rules and regulations;
and

(iii) The non-compliant lawyer shall be


discharged from the case and the client/s
shall be allowed to secure the services of a
new counsel with the concomitant right to
demand the return of fees already paid to the
non-compliant lawyer.

This revokes OCA Circular No. 66-2008 dated July 22, 2008, and
any prior circular from the Office of the Court Administrator on this matter
which is contrary to the foregoing is hereby superseded.

For your information, guidance and strict compliance.

26 May 2014

JOSE MIDAS P. MARQUEZ


Court Administrator

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