Canon IV, Section 8
Canon IV, Section 8
Canon IV, Section 8
EN BANC
RESOLUTION
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:
Nevertheless, members may participate in any legal education activity wherever it may
be available to earn credit unit toward compliance with the MCLE requirement.
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:
SEC. 3. Claim for non-participatory credit units. – Non-participatory credit units may be
claimed per compliance period for:
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;
(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate
Counsel;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman
and the Special Prosecutor of the Office of the Ombudsman;
(j) Incumbent deans, bar reviewers and professors of law who have teaching experience
for at least ten (10) years in accredited law schools;
SEC. 2. Other parties exempted from the MCLE. – The following Members of the Bar
are likewise exempt:
(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.
EDUCATION ACTIVITIES
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.
(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.
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 member’s signature
was obtained at the time of attendance at the activity. The official record of attendance
shall contain the member’s 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.
(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.
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.
(a) Failure to complete the education requirement within the compliance period;
(d) Failure to satisfy the education requirement and furnish evidence of such
compliance within sixty (60) days from receipt of non-compliance notice;
(f) Any other act or omission analogous to any of the foregoing or intended to
circumvent or evade compliance with the MCLE requirements.
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.
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 IBP’s
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.
LEGAL EDUCATION
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.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban, Quisumbing,
Pardo, Buena, Ynares-Santiago, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur.