MANDATORY
CONTINUING LEGAL EDUCATION IMPLEMENTING REGULATIONS
BAR
MATTER NO. 850
[October
02,
2001]
REPUBLIC
OF THE PHILIPPINES
SUPREME
COURT
MANILA
RE:
MANDATORY
CONTINUING LEGAL EDUCATION
BAR
MATTER 850
October
2, 2001
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.cralaw:red
c.
Implementing
Regulations - These regulations adopted by the Committee.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
h.
Credit
Units - The measure of compliance with the MCLE requirement under
the
Rules based ~n. the category of the lawyer's participation in the MCLE
activIty.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
2. Credit
units will be given in accordance with Section 1 of Rule 4.cralaw:red
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.cralaw:red
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.cralaw:red
Section
5: Exemptions
The
following are exempted from the MCLE requirement:chanroblesvirtuallawlibrary
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.cralaw:red
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.cralaw:red
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.cralaw:red
Section
7: Approval of Continuing
Legal Education, Activity, Program, or Course
A
continuing legal education activity approved for credit shall meet the
following standards:chanroblesvirtuallawlibrary
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.cralaw:red
c) The
activity shall be conducted by a provider with adequate professional
experience.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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 (45) days
prior
to the presentation of the activity.cralaw:red
b) The
provider may not publish that a special education activity has been
approved
except with prior written approval of the Committee.cralaw:red
c) The
special education activity must meet the standards set forth in Section
2, Rule 8 and these Implementing Regulations.cralaw:red
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.cralaw:red
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.cralaw:red
c. Accreditation
of a continuing legal education provider may be revoked by the
Committee,
upon notice and hearing, for any of the following grounds:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
3. Any
misrepresentation in the application for accreditation as provider, or,
in the application for approval of a continuing legal education
activity.cralaw:red
4. Failure
to comply with any other requirements of the Committee.cralaw:red
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.cralaw:red
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.cralaw:red
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:chanroblesvirtuallawlibrary
1. The
activity has been approved by the Committee for - hours as appropriate
to the content of the activity;
2. The
activity conforms to the standards prescribed by the Rules and these
Implementing
Regulations.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
c) A
lawyer whose report shows full compliance with the continuing legal
education
requirement shall be issued a compliance card by the Committee.cralaw:red
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 noncompliance on any of the
following
deficiencies:chanroblesvirtuallawlibrary
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.cralaw:red
5)
Any other act or omission analogous to any of the foregoing or intended
to circumvent or evade compliance with the MCLE requirements.cralaw:red
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:chanroblesvirtuallawlibrary
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.cralaw:red
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.cralaw:red
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-A 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.cralaw:red
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.cralaw:red
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.cralaw:red
Section
15: Schedule of Fees
The
following is the schedule of fees to be paid by providers and lawyers:chanroblesvirtuallawlibrary
a.
Fee to accompany application for accreditation as CLE provider….P2,000.00
(P
1,000.00 only for a government educational institution or office or an
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 or office, or IBP Chapter accredited
as MCLE Provider, shall pay a nominal fee of P500.00 per application
for
approval of MCLE activity/program).cralaw:red
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.cralaw:red
.cralaw:red |