Mcle - Legal Ethics
Mcle - Legal Ethics
Mcle - Legal Ethics
“The fundamental purposes of the Integrated Bar shall be to elevate the standards of
the legal profession, improve the administration of justice, and enable the bar to
discharge its public responsibility more effectively.”
Sometime in 1997, during the National Convention of Lawyers in Cebu City, then
Associate Justice Hilario G. Davide, Jr. broached the idea of requiring mandatory
continuing legal education for lawyers. While the idea had always been discussed and
profounded in the past , no concrete action for its adoption was ever taken until 1999
when IBP Board of Governors, then headed by President Jose Aguila Grapilon,
passed a Resolution adopting a draft of rules for MCLE. The IBP forwarded the
draft to the Supreme Court which referred it to the Philippine Judicial Academy
(PHILJA) for study and comment. The PHILJA recommendations were referred to the
Supreme Court Committee on Legal Education, chaired by Justice Jose C. Vitug which
further studied them. Finally, they were submitted to the Supreme Court and on August
22, 2000, the Court en banc adopted Bar Matter No. 850. Thereafter, on December 01,
2001, the Supreme Court approved the MCLE Implementing Regulations, which
paved the way for its full implementation.
Bar Matter No. 850 provides the purpose of MCLE which is: “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.”
The members of the Governing Board 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 maybe determined by the Court.
MISSION:
To ensure that all members of the Integrated Bar of the Philippines keep abreast with
law and jurisprudence, maintain the ethics of the profession and enhance the standards
of the practice of law.
VISION:
To facilitate a convenient and efficient process for all lawyers to comply with their
requirements of mandatory continuing legal education.
R E S O L U T I O N
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. 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.
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.
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 member’s practice or
employment.
(b) Editing a law book, law journal or legal newsletter.
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.
(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;
(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.
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 member's 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(c)
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.
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.
Section 1: Definitions
h. Credit Units – The measure of compliance with the MCLE requirement under
the Rules based on the category of the lawyer’s participation in the MCLE activity.
Subject to the exemptions listed in Sections 1 and 2, Rule 7 of the Rules, every
member of the IBP must complete at least thirty-six (36) credit units of mandatory
continuing legal education (MCLE) every three (3) years during the compliance period
as provided in Rule 2 and these Implementing Regulations.
The initial compliance period shall be from April 15, 2001 up to April 14, 2004. All
succeeding compliance periods shall begin the day after the end of the preceding
compliance period. The initial compliance period for members newly admitted or
readmitted to the IBP 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.
Section 4: Computation of Credit Units
Credit units will be given for time spent in an approved education activity based on
the category of the lawyer’s participation therein, as provided in Section 1, Rule 4 of the
Rules.
1. Credit units will be given only for time spent in legal education activities
which have been previously approved by the Committee and conducted by an
accredited provider.
Section 5: Exemptions
a. The Executive
b. The Legislative
c. The Judiciary
e. Law Schools/Academe
1. Incumbent deans, bar reviewers and professors of law who have had
teaching experience for at least the (10) years in accredited law schools;
g. Non-Practicing Lawyers
2. Those who have retired from law practice with the approval of the IBP
Board of Governors.
For good cause (such as physical disability, illness, post-graduate study abroad,
proven expertise in law and similar ground) and subject to approval by the Committee, a
member may file a verified request for exemption from compliance, or modification of
any of the MCLE requirements, including extension of time for compliance.
A continuing legal education activity approved for credit shall meet the following
standards:
a. The activity shall have significant current intellectual or practical content, the
primary objective of which is to improve the participant’s professional competence
and ethical behavior.
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.
f. Information concerning the activity, including the brochure describing it, the
qualifications of the speakers, the method or manner of presentation of the materials,
and, if necessary, a set of the materials shall be submitted to the Committee at least
forty-five (45) days prior to the presentation of the activity.
h. The provider shall submit to the Committee a report on the conduct of its
continuing legal education activity together with the accomplished MCLE attendance
cards of the attendees within thirty (30) days after the end of the legal education
activity.
b. The provider may not publish that a special education activity has been approved
except with prior written approval of the Committee.
c. The special education activity must meet the standards set forth in Section 2,
Rule 8 and these Implementing Regulations.
Section 9: Accreditation of Continuing Legal Education Providers
b. The grant of accreditation shall be effective for a period of two (2) years from the
date of the grant. Accreditation may be renewed upon compliance with the
requirements of the Committee.
1. Failure to comply with any of the reporting requirements under the Rules
and these Regulations;
f. Where a continuing legal education activity has been approved and the activity is
offered by an accredited provider, the latter may announce, in its brochures and/or
registration materials that: “This program has been approved by the MCLE
Committee for ______ hours of continuing legal education credit.”
Section 10: Reporting Duties of Providers
1. The activity has been approved by the Committee for ____ hours as
appropriate to the content of the activity; and
2. The activity conforms to the standards prescribed by the Rules and these
Implementing
d. The provider shall allow in-person observation of all approved continuing legal
education activities by members of the IBP Board of Governors, the MCLE
Committee, or designees of the Committee and IBP Board for purposes of monitoring
compliance with the Rules and these Implementing Regulations.
a. The Committee shall maintain current records of continuing legal education for
every lawyer to whom the Rules and these Implementing Regulations apply.
Pursuant to Committee policy, these records shall be made available to the lawyers
concerned at a time and place convenient to the Committee.
b. The continuing legal education requirement must be completed by the end of the
compliance period. Every lawyer not exempt under the Rules and these Regulations
shall report to the Committee the credit units earned by him during the compliance
period duly certified by the providers.
c. A lawyer whose report shows full compliance with the continuing legal education
requirement shall be issued a compliance card by the Committee.
a. Each member not otherwise exempt under the Rules or whose exempt status the
Committee may take judicial notice of, 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
member’s compliance period
c. If a lawyer fails to comply with any requirement under the Rules, the Committee
will send him/her a notice of non-compliance on any of the following deficiencies:
d. A member failing to comply with the continuing legal education requirement will
receive a Non-Compliance Notice stating his specific deficiency and will be given
sixty (60) days from the receipt of the notification to explain the deficiency or
otherwise show compliance with the requirements. Such notice shall be written in
capital letters as follows:
The Member may use the 60-day period to complete his compliance with the
MCLE requirement. 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.
b. The MCLE Committee shall be notified by the IBP Board of Governors of the
reinstatement of a delinquent member.
c. Upon reinstatement, the member shall pay the IBP a reinstatement fee in the
amount of P1,000.00.