Mandatory continuing legal education (B.M. 850, AUGUST 22, 2000 AND B.M. 850, OCT. 2, 2001) Flashcards
What is the purpose of MCLE
To ensure, that throughout their legal career, lawyers keep abreast with law and jurisprudence
To maintain the ethics of the profession
To enhance the standards of the practice of law
Duration of the MCLE
Every 3 years at least 36 hours of continuing legal education activities approved by the MCLE Committee
Legal Ethics- 6 hours
Trial and Pre-Trial skills- 4 hours
Updates on substantive and procedural laws- 9 hours
International laws and conventions – 2 hours
Legal writing and oral advocacy- 4 hours
Other MCLE prescribed activities- 6 hours
Participatory activities
Attending approved educational activities, such as seminars, symposia, conventions, dialogues, etc.
Speaking or lecturing
Teaching in law schools or bar reviews
Participating in legal aid programs
Non-participatory activities in MCLE
Writing and editing law books, journals, etc.
Who are exempted from the MCLE requirement
The following are exempted from the MCLE requirement:
a. TheExecutive
The President, Vice-President of the Philippines, and the Secretaries and Undersecretaries of the Executive Departments of the Philippine Government;
The Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department of Justice;
The Solicitor General and the Assistant Solicitors General;
The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
Heads of government agencies exercising quasi-judicial functions
b. TheLegislative
Senators and Members of the House of Representatives;
c. TheJudiciary
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
The Chairmen and Members of the Constitutional Commissions;
The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman.
e.Law Schools/Academe
Incumbent deans, bar reviewers and professors of law who have had teaching experience for at least the (10) years in accredited law schools;
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
Lawyers who are not in practice, whether private or public; and
Those who have retired from law practice with the approval of the IBP Board of Governors.
Section 3, Rule 7: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.
Sanctions for non-compliance
THE DELINQUENT LAWYER SHALL PAY NON-COMPLIANCE FEE
THE LAWYER SHALL BE LISTED AS DELINQUENT BY THE IBP BOARD OF GOVERNERS AS RECOMMENDED BY THE MCLE COMMITTEE
“The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters, toREQUIREpracticing members of the bar toINDICATEin all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance period.Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.”
What is MCLE
Mandatory Continuing Legal Education
