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What is MCLE?

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.

Credit Hours - Actual time spent in an education activity (actual


instruction, speaking time or participation) computed in hours to the
nearest one-quarter hour (15 minutes) reported in decimals.

Minimum Education Requirement

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. The subjects are divided as follows:

MCLE Subjects Credit Units

a. Legal Ethics - 6 cu
b. Trial and Pre-Trial Skills - 4 cu
c. Alternative Dispute Resolution - 5 cu
d. Updates on Substantive and Procedural Laws and Jurisprudence - 9 cu
e. Legal Writing and Oral Advocacy - 4 cu
f. International Law and International Conventions- 2 cu
g. MCLE Prescribed Subjects - 6 cu

1. Technology and the Law


2. Law and Economics
3. Environmental Law
4. International Legal Processes
5. Transnational Business Transactions
6. Law Reforms in Specific Areas
7. Law as a Means Of Social Control

Compliance Period

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 end on the same day
as that of all other members.

Computation of Credit Units

o Credit units will be given only for the time spent in legal education
activities which have been previously approved by the Committee and
conducted by an accredited provider.
o Every approved education activity shall be conducted for at least one
hour. However, if it should exceed one hour, one-half credit unit shall
be given for every half hour beyond the initial hour.

Compliance Procedure

I. Each member shall secure from the MCLE Committee a Compliance


Card before the end of his compliance period.

II. The member shall complete the card by attesting under oath that
he has complied with the education requirement or that he is exempt.

III. Such compliance card must be returned to the Committee not later
than the day after the end of the member’s compliance period.

What Constitutes Non-Compliance

I. Failure to complete the education requirement within the compliance


period;

II. Failure to provide attestation of compliance or exemption;

III. Failure to provide satisfactory evidence of compliance within the


prescribed period;

IV. Failure to satisfy the education requirement and furnish evidence of


such compliance within sixty (60) days from receipt of non-compliance
notice;

V. Failure to pay non-compliance fee within the prescribed period;

VI. Any other act or omission analogous to any of the foregoing or


intended to circumvent or evade compliance with the MCLE
requirements.

* Members failing to comply will receive a Non-Compliance Notice


and will be given sixty (60) days from the date of notification to file
a response clarifying the deficiency or otherwise showing
compliance with the 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 the sixty (60) day period may only
be counted toward compliance with the prior compliance period
requirement unless units in excess may be counted toward meeting
the current compliance period requirement.

Consequences of Non-Compliance
o 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 and shall not be permitted to practice
law until such time as adequate proof of compliance is received by the
MCLE Committee.

o A member who shall be listed as delinquent shall pay a non-


compliance fee of P1,000.

Reinstatement for Members Declared as Delinquent

o A member involuntarily listed as delinquent shall only be reinstated


upon proof of compliance with the MCLE requirement, including
payment of compliance fee.

 What is MCLE?

MCLE, or Mandatory Continuing Legal Education, is a program


mandated by the Supreme Court under Bar Matter No. 850 (2 October 2001)
requiring members of the Integrated Bar of the Philippines to undergo
continuing legal education 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. (Sec. 1, BM 850)

 Who are required to undergo MCLE?

Every member of the IBP are required to complete the MCLE


requirements prescribed under Bar Matter 850. However, the following
members of the Bar are exempt from compliance with MCLE requirements
(Sec.5, B.M.850IRR; Sec.7, B.M.850):

a.The Executive
1. The President, Vice-President of the Philippines, and the
Secretaries and Undersecretaries of the Executive Departments of the
Philippine Government;

2. The Chief State Counsel, Chief State Prosecutor, and


Assistant Secretaries of the Department of Justice;

3. The Solicitor General and the Assistant Solicitors General;


4. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel;

5. Heads of government agencies exercising quasi-judicial


functions;

b. The Legislative
Senators and Members of the House of Representatives;

c. The Judiciary
The Chief Justice and Associate Justice of the Supreme Court,
Incumbent and retired members of the Judiciary, incumbent members of
the Judicial and Bar Council incumbent members of the Mandatory
Continuing Legal Education Committee, incumbent court lawyers who have
availed of the Philippine Judicial Academy programs of continuing judicial
education.

d. The Constitutional Bodies


1. The Chairmen and Members of the Constitutional
Commissions.

2. The Ombudsman, the Overall Deputy Ombudsman, the


Deputy Ombudsmen and the Special Prosecutor of the Office of
the Ombudsman.

e. Law Schools/Academe
1. Incumbent deans, bar reviewers and professors of law who
have had teaching experience for at least ten (10) years in accredited law
schools;

2. The Chancellor, Vice-Chancellor and members of the Corps of


Professors and Professorial Lecturers of the Philippine Judicial Academy;

f. Local Government
Governors and mayors;

g. Non-Practicing Lawyers
1. Lawyers who are not in practice, whether private or public;
and
2. Those who have retired from law practice with the approval
of the IBP Board of Governors.

 What are the requirements of completion of MCLE?

Lawyers required to undergo MCLE are required to complete 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.


(b) At least four (4) hours shall be devoted to trial and pretrial skills.
(c) At least five (5) hours shall be devoted to alternative dispute resolution.
(d) At least nine (9) hours shall be devoted to updates on substantive and
procedural laws, and jurisprudence.
(e) At least four (4) hours shall be devoted to legal writing and oral
advocacy.
(f) At least two (2) hours shall be devoted to international law and
international conventions.
(g) The remaining six (6) hours shall be devoted to such subjects as may
be prescribed by the MCLE Committee.

 How often should a lawyer comply with MCLE requirements?

All lawyers, not otherwise exempted, are required to complete


their MCLE requirements every three (3) years and within
the compliance periods set by the Rules.

 What are the periods for compliance with MCLE


requirements?

The initial compliance period was from 15 April 2001 up to 14 April 2004.
The 2nd compliance period was from 15 April 2004 up to 14 April 2007.
The 3rd compliance period was from 15 April 2007 to 14 April 2010.
The 4th compliance period, was from 15 April 2010 to 14 April 2013.
We are now in the 5th compliance period, which is from
15 April 2013 to 14 April 2016 (Sec. 3, B.M. 850 IRR)

 How soon after admission are lawyers required to comply with


MCLE requirements?

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 in the same compliance group, subject to the
following rules:

(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 members 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.
(Sec. 3, B.M. 850 IRR)

 I have just been admitted to the Bar in April 2015, how many
credit units in each subject do I need to complete in order to
comply with my MCLE requirements?

Members of the Bar admitted in April 2015 are required to


complete 12 credit units of MCLE subjects apportioned as follows:

3 credit units in Prescribed Subjects


2 credit units in Legal Ethics
4 credit units in Alternative Dispute Resolution
3 credit units in Trial and Pre-Trial Skills

 What is the procedure for compliance?

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;

b. Each member shall maintain a sufficient record of compliance or


exemption, copy furnished the MCLE Committee. The record or certificate
issued by the provider to all participants identifying the time, date,
location, subject matter and length of the activity shall be a sufficient
record of attendance at such participatory activity. A record of non-
participatory activity shall also be maintained by the member;

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:

1) Failure to complete the education requirement within the compliance


period;

2) Failure to provide attestation of compliance or exemption;


3) Failure to provide satisfactory evidence of compliance (including
evidence of exempt status) within the prescribed period;

4) Failure to satisfy the education requirement and furnish evidence of


such compliance within sixty (60) days from receipt of a non-compliance
notice.

5) Any other act or omission analogous to any of the foregoing or intended


to circumvent or evade compliance with the MCLE requirements.

 What constitutes non-compliance?


The following shall constitute non-compliance:

(a) Failure to complete the education requirement within the compliance


period;
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including evidence
of exempt status) within the prescribed period;
(d) Failure to satisfy the education requirement and furnish evidence of such
compliance within sixty (60) days from receipt of an on-compliance notice;
(e) Any other act or omission analogous to any of the foregoing or intended
to circumvent or evade compliance with the MCLE requirements.

 What are the effects of non-compliance with MCLE


Requirements?

A member who is in non-compliance at the end of the compliance


period shall pay a non-compliance fee of P1,000.00 and shall be listed as a
delinquent member of IBP Board of Governors upon the recommendation
of the MCLE Committee, in which case Rule 139-B of the Court shall apply.

MANDATORY CONTINUING LEGAL EDUCATION


IMPLEMENTING REGULATIONS
Section 1: Definitions

a. Rules – Provisions of Supreme Court Bar Matter 850 on Mandatory


Continuing Legal Education (MCLE).

b. Committee – The Mandatory Continuing Legal Education Committee


constituted in Rule 15 of Bar Matter 850.

c. Implementing Regulations – These regulations adopted by the


Committee.

d. Provider – Any person or group accredited by the Committee to provide


continuing legal education activities in accordance with the standards set
in Rules 8 and 9.

e. Education Activity – A continuing legal education activity offered by an


accredited provider and approved by the Committee for the relevant
compliance period

f. In-house Education Activity – An education activity offered by a law


firm or legal department of a corporation or government agency
comprised of at least 10 lawyers approved by the Committee to provide
MCLE for the lawyers of said law firm or legal department of a corporation
or government agency.

g. Special Education Activity – An education activity or program which,


because of its significant value to the practice of members who have
sought its approval, has been approved by the Committee for such
members under Section 2(g), Rule 2.

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.

i. Credit Hours – Actual time spent in an education activity (actual


instruction, speaking time or participation) computed in hours to the
nearest one-quarter hour (15 minutes) reported in decimals.

Section 2: Minimum Education Requirement

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.

Section 3: Compliance Period

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.

a. General Standard of Computation

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.

2. Credit units will be given in accordance with Section 1 of Rule 4.

3. Every approved education activity shall be conducted for at least one


hour. However, if it should exceed one hour, one-half credit unit shall
be given for every half hour beyond the initial hour.

b. In-house Education Activity

An in-house education activity must be approved by the


Committee before a lawyer may earn any credit unit for
participation therein.

Section 5: Exemptions

The following are exempted from the MCLE requirement:

a. The Executive

1. The President, Vice-President of the Philippines, and the Secretaries and


Undersecretaries of the Executive Departments of the Philippine
Government;
2. The Chief State Counsel, Chief State Prosecutor, and Assistant
Secretaries of the Department of Justice;
3. The Solicitor General and the Assistant Solicitors General;
4. The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
5. Heads of government agencies exercising quasi-judicial functions;
b. The Legislative

Senators and Members of the House of Representatives;

c. The Judiciary

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 Constitutional Bodies

1. The Chairmen and Members of the Constitutional Commissions;


2. The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor of the Office of the
Ombudsman.

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;
2. The Chancellor, Vice-Chancellor and members of the Corps of
Professors and Professorial Lecturers of the Philippine Judicial Academy;

f. Local Government

Governors and mayors;

g. Non-Practicing Lawyers

1. Lawyers who are not in practice, whether private or public; and


2. Those who have retired from law practice with the approval of the IBP
Board of Governors.

Section 6: Other Exemptions or Modifications

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.
Section 7: Approval of Continuing Legal Education Activity, Program, or
Course

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.

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.

c. The activity shall be conducted by a provider with adequate professional


experience.

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.

e. In-house education activities must be scheduled at a time and location so


as to be free from interruption like telephone calls and other distractions.

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.

g. The participants shall be provided with the prescribed Education Activity


Evaluation Forms to be completed and submitted by them to the provider
who in turn shall transmit a copy thereof to the Committee at the end of
the legal education activity. The provider shall keep a set of the said forms
for a period of not less than one (1) year after the termination of the
continuing legal education 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.

Section 8: Approval of Special Education Activity

a. An accredited provider shall apply for approval of a special education


activity on a form to be provided by the MCLE Committee. It shall contain
a detailed description of the provider, the course, the course materials,
the lectures and the activity and shall be submitted at least forty-five days
(45) prior to the presentation of the 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

a. Application may be made for accreditation as a continuing legal education


provider by submitting the appropriate form to the Committee and paying
the required fee.
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.
c. Accreditation of a continuing legal education provider may be revoked by
the Committee, upon notice and hearing, for any of the following grounds:

1. Failure to comply with any of the reporting requirements under the


Rules and these Regulations;
2. Sub-standard content of the course material or the quality of the
continuing legal education activities as determined by the Committee
under the Rules and these Regulations;
3. Any misrepresentation in the application for accreditation as provider,
or, in the application for approval of a continuing legal education
activity.
4. Failure to comply with any other requirements of the Committee.

d. An applicant for accreditation as provider shall present a program of


continuing legal education activity which meets the standards set forth in
Section 2 of Rule 8.
e. For the renewal of its accreditation, a provider must demonstrate to the
Committee that its continuing legal education activities have consistently
met the standards of quality set forth in the Rules and in 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

a. An accredited provider of a continuing legal education activity, program,


or course is required to maintain an official record verifying the attendance
of a member at the activity, program, or course for at least four (4) years
after the completion date. The provider shall include the member in the
official record of attendance only if the member’s signature was obtained
at the time of attendance at the activity, program, or course. 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 Committee through the IBP.

b. The provider shall certify that:

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

c. Upon the termination of the continuing legal education activity, program


or course, the provider shall issue a certificate of attendance to each
participant identifying the time, date, location, subject matter and length
of the activity and the number of credit units earned.

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.

e. Any person or group who conducts an unauthorized legal education


activity, program, or course and/or issues a spurious certificate in
violation of the Rules and these Regulations, shall be subject to
appropriate sanctions.

Section 11: Determination of Lawyer’s Compliance

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.
Section 12: Compliance Procedures

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
b. Each member shall maintain a sufficient record of compliance or
exemption, copy furnished the MCLE Committee. The record or
certificate issued by the provider to all participants identifying the time,
date, location, subject matter and length of the activity shall be a
sufficient record of attendance at such participatory activity. A record of
non-participatory activity shall also be maintained by the member.
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:

1. Failure to complete the education requirement within the compliance


period;

2. Failure to provide attestation of compliance or exemption;

3. Failure to provide satisfactory evidence of compliance (including


evidence of exempt status) within the prescribed period;

4. Failure to satisfy the education requirement and furnish evidence of


such compliance within sixty (60) days from receipt of a non-
compliance notice; and

5. Any other act or omission analogous to any of the foregoing or


intended to circumvent or evade compliance with the MCLE
requirements.

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:

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR


NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT WITHIN 60 DAYS FROM RECEIPT OF THIS
NOTICE, SHALL BE A CAUSE FOR LISTING YOU AS A DELINQUENT
MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW
UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS
RECEIVED BY THE MCLE COMMITTEE.

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.

e. A member who is in non-compliance at the end of the compliance period


shall pay a non-compliance fee of P1,000.00 and shall be listed as a
delinquent member of the IBP by the IBP Board of Governors upon the
recommendation of the MCLE Committee, in which case Rule 139-B of
the Rules of Court shall apply

Section 13: Reinstatement

a. Involuntary listing as a delinquent member shall be terminated when the


member submits proof of full compliance to the IBP Board of Governors.
While he is on inactive status, he may earn the necessary credit units to
complete the requirement for the period of non-compliance. These credit
units may not be counted toward meeting the requirement of the current
compliance period. Any excess credit units earned by him to satisfy the
prior compliance period requirements, shall be counted towards meeting
the requirements of the current compliance period.

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.

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:

a. Fee to accompany application for accreditation as CLE provider …


P2,000.00 (P1,000.00 only for a government educational institution or
office or IBP Chapter)

b. Fee to accompany application for approval of CLE activity... P100.00


per expected participant/attendee, subject to verification of official
attendance record submitted by the Provider. (A government
educational institution, office, or IBP Chapter accredited as MCLE
Provider shall pay a nominal fee of P500.00 per applicantion for
approval of MCLE activity/program).

c. Fee to accompany application for exemption from CLE requirement


under Rule 7, Section 3 P1,000.00

d. Fee for non-compliance with CLE requirement P1,000.00

e. Reinstatement fee P1,000.00

This resolution shall take effect on the first of December 2001,


following its publication in two (2) newspapers of general circulation in the
Philippines.