Supreme Court
EN BANC
ADMINISTRATIVE
ORDER NO. 113-2003
ESTABLISHING
THE
MANDATORY CONTINUING LEGAL EDUCATION OFFICE
WHEREAS, this Court
is vested with the power to promulgate rules concerning the Integrated
Bar of the Philippines under Section 5 (5), Article VIII of the Constitution,
and such power includes ensuring delivery by members of the law
profession
of quality service to the public and the courts through constant
upgrading
of their knowledge in law;
WHEREAS, in the Resolution
of 22 August 2000 in Bar Matter No. 850, the Court adopted the Rules on
Mandatory Continuing Legal Education for Members of the Integrated Bar
of the Philippines (MCLE Rules) in order that throughout the career of
lawyers in the country "they keep abreast with law and jurisprudence,
maintain
the ethics of the profession and enhance the standards of the practice
of law," creating for that purpose the MCLE Committee;
WHEREAS, the MCLE
Rules, as amended on 2 October 2001, has been implemented through the
MCLE
Committee with the assistance of twelve (12) personnel;
WHEREAS, since April
2001, the MCLE Committee, with the assistance of said personnel, has
accredited
seventy-nine (79) MCLE Providers, and approved the presentation of
seven
hundred thirty-five (735) activities/lectures/seminars which enabled
attending
lawyer-participants to earn credit units as required by the MCLE Rules;
WHEREAS, by the ever-increasing
number and the frequency of such activities/lectures/seminars, the
present
personnel under the MCLE can hardly cope with the demands of their jobs
in the implementation of the MCLE Program thereby requiring a larger
and
permanent organizational structure for that purpose;
WHEREAS, the above-stated
constitutional mandate of this Court vests the character of permanency
to the organizational structure that shall implement the MCLE Program;
WHEREAS, the Special
Provision Applicable to the Judiciary of the General Appropriations Act
for FY 2003 (Republic Act No. 9206) authorizes the Chief Justice "to
formulate
and implement the organizational structure of the Judiciary, to fix and
determine the salaries, allowances and other benefits of their
personnel,
and whenever public interest so requires, make adjustments in personal
services itemization including, but not limited to the transfer of item
or creation of new positions in the Judiciary" consistent with the
Constitution
and the Court's fiscal autonomy.
NOW, THEREFORE -chan
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SECTION 1. Establishment.-
This Court hereby establishes the Mandatory Continuing Legal Education
Office (MCLE Office) as a unit of this Court.
SECTION 2. Functions.-
The MCLE Office shall carry out the objectives of mandatory continuing
legal education as stated in Rule 1 of the MCLE Rules.
SECTION 3. Governing
Board.- The MCLE Committee shall constitute the governing board.
SECTION 4. Officials.-
The Officials of the MCLE Office shall be an Executive Officer and an
Assistant
Executive Officer, who shall be appointed by the Court in accordance
with
current practice and the Civil Service rules.chan
robles virtual law library
The Executive Officer
shall be a citizen of the Philippines, a member of good standing of the
Integrated Bar of the Philippines, and with at least five (5) years
experience
in law practice and thirty-two (32) hours of relevant training in
management
and supervision. The Executive Officer shall enjoy the rank, salary and
privileges of a Chief of Office of this Court, with Salary Grade 29.
The Assistant Executive
Officer shall possess the same qualifications as the Executive Officer
and shall have the same rank, salary and privileges of an Assistant
Chief
of Office of this Court, with Salary Grade 28.
SECTION 5. Duties
and responsibilities of the Executive Officer and the Assistant
Executive
Officer.- The Executive Officer shall be responsible for the day-to-day
operations of the Office, including supervision of personnel thereof.
The
Executive Officer shall regularly consult with and report to the MCLE
Committee
regarding the implementation of the MCLE Program as provided for by the
MCLE Rules.chan robles
virtual
law library
The Assistant Executive
Officer shall assist the Executive Officer in the performance of the
latter's
duties and responsibilities and shall act in the event of absence or
incapacity
of said Executive Officer.chan
robles virtual law library
SECTION 6. Organizational
set-up of MCLE Office.- The MCLE Office shall have a staffing pattern
that
shall be approved by the court.
There shall be two
Divisions in the MCLE Office, with the following functions:chanroblesvirtuallawlibrary
(a) The Accreditation,
Program Monitoring, Compliance and Evaluation Division shall be
responsible
for the implementation of Rules 8 to 9 and 11 to 14 of the MCLE Rules,
and for such duties and functions as the MCLE Committee, through the
Executive
Officer, may impose upon it.
(b) The Administrative
and Finance Division shall: (i) take charge of all matters affecting
personnel,
properties, and finances of the MCLE Office; (ii) be responsible for
the
collection and management of all fees prescribed by the MCLE Rules;
(iii)
prepare the annual budget proposals for the implementation of MCLE
Rules
and the operation of the MCLE Office and submit the same, through the
Executive
Officer, to the MCLE Committee for review and submission to the Court;
and (iv) perform such tasks as the Executive Officer may deem fit and
proper.chan
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SECTION 7. Chiefs
of the two Divisions of the MCLE Office.- Each of the two Divisions
shall
be headed by a Chief of Division who shall hold a position equivalent
to
that of a Chief Judicial Staff Officer (SG 25). The Assistant Chief of
Division shall hold a position equivalent to that of Supervising
Judicial
Staff Officer (SG 23). They shall be appointed by the Court as
recommended
by the Selection and Promotions Board and in accordance with Civil
Service
rules.chan robles virtual
law
library
SECTION 8. Consultants.-
The MCLE Office may, with the prior authorization of the Chief Justice
and in accordance with current practice, hire Consultants with
expertise
and experience in the conduct of activities/ lectures/seminars.chan
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SECTION 9. Funding.-
The MCLE Office shall be funded initially from savings of the Court
until
such time as its budget shall have been incorporated in the general
appropriations
law.
SECTION 10. Effectivity.-
This Administrative Order shall take effect on 1 September 2003
following
its publication in a newspaper of general circulation in the
Philippines
not later than 15 August 2003.
5 August 2003.chan
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Davide, Jr.
C.J.,
Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Ynares-Santiago,
Sandoval-Gutirrez,
Carpio, Austria-Martinez, Corona, Carpio-Morales, Azcuna and Tinga, JJ.
Callejo, Sr., J. on leave.
chan
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