MCLE

Question 1

What is Bar Matter No. 850?

Answer 1

MANDATORY CONTINUING LEGAL EDUCATION

Question 2

What is the Purpose of MCLE?

Answer 2

MCLE ensures that members of the IBP are kept
abreast with law and jurisprudence throughout
their career, maintain the ethics of the
profession and enhance the standards of the
practice of law.(Sec.1,Rule1, MCLE)

Question 3

What is the Composition of the MCLE Committee?

Answer 3

a. Retired Justice of the Supreme Court - to
act as Chairman, who is nominated by
the SupremeCourt

b. IBP National President - acts as the Vice-
Chairman

C. 3 other members - nominated by the
Philippine Judicial Academy, UP Law
Center and Association of Law
Professors, respectively

Question 4

What are the Course Requirements for the MCLE?

Answer 4

1. 6 hours - legal ethics
2. 4 hours - trial and pretrial skills
3. 5 hours - alternative dispute resolution
4. 9 hours - updates on substantive and
   procedural laws and jurisprudence
5. 4 hours - legal writing and oral advocacy
6. 2 hours international law and
   international conventions
7. Remaining 6 hours - such other subjects as
   may be prescribed by the Committee on
   MCLE.

Question 5

Who are the persons exempted to take the MCLE?

Answer 5

1. The President, Vice-President and the
   Secretaries and Undersecretaries of
   Executive Departments;
2. Senators and Members of the House of
   Representatives;
3. The Chief Justice and Associate Justices of
   the Supreme Court, incumbent and retired
   members of the judiciary, incumbent
   members of Judicial and Bar Council,
   incumbent members of the MCLE
   Committee, incumbent court lawyers who
   have availed of covered by the Philippine
   Judicial Academy programs of continuing
   judicial education (Amendment to Bar
   Matter 850, Resolution of the Court En Banc,
   july 13, 2004);
4. The Chief State Counsel, Chief State
   Prosecutor and Assistant Secretaries of the
   Dept, of Justice;
5. The Solicitor General and the Assistant Solicitor General
6. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel
7. Chairman and Members of the Constitutional Commissions
8. The Ombudsman, Deputy Ombudsman, and Special Prosecutor of the Office of the Ombudsman
9. Heads of government exercising quasi-judicial functions
10. Incumbent Deans, Bar Reviewers and professors of law who have been teaching for at least 10 years in accredited law schools.
11. The Chancellor, Vice- Chancellor, and Members of the Corps of Professors and Professional Lecturers of the Philippine Judicial Academy; and
12. Governors and Mayors
13. Those who are not in law practice, private or public
14. Those who have retired from the practice of law with the approval of the IBP Board of Governors

Question 6

What are the consequences of Non-Compliance?

Answer 6

A member who, for whatever reason, is in
non-compliance at the end of the compliance
period shall pay a non-compliance fee.(See. 1.
Rule 13,MCLE)

A member who fails to comply with the
requirements after the 60-day period for
compliance shall be listed as a delinquent
member of the IBP upon the recommendation
of the Committee on MCLE. (Sec. 2, Rule 13,
MCLE)

Question 7

Can a Lawyer who lacks the number of
units required by the MCLE Board continue
to practice the profession?

Answer 7

YES. A lawyer, not being exempted from
MCLE, who fails to Comply with the required
legal education activities shall receive a Non-
Compliance Notice and shall be required to
explain the deficiency or otherwise show
compliance with the requirements, A member
who fails to satisfactory comply therewith shall
be listed as a delinquent member by the IBP,
wherein he Shall be included in the inactive
status.( Rule 12 and Rule 13, MCLE)

Question 8

PENALTIES FOR NON-COMPL LANCE
WITH THE RULE ON MANDATORY
LEGAL AID SERVICE

Answer 8

1. At the end of every calendar year, any
   practicing lawyer who fails to meet the
   minimum prescribed 60 hours of legal aid
   service each year shall be required by the
   IBP, through the National Committee on
   Legal Aid (NCLA), to explain why he was
   unable to render the minimum prescribed
   number of hours.
2. If no explanation has been given or if the
   NCLA finds the explanation unsatisfactory,
   the NCLA shall make a report and
   recommendation to the IBP Board of
   Governors that the erring lawyer be
   declared a member of the IBP who is not in
   good standing.
3. Upon approval of the NCLA’s
   recommendation, the IBP Board of
   Governors shall declare the erring lawyer as
   a member not in good standing
4. The notice to the lawyer shall include a
   directive to pay P4,OOb.OQ penalty which
   shall accrue to the special fund for the legal
   aid program of the IBP.
5. The “not in good standing” declaration shall
   be effective for a period of 3 months from
   the receipt of the erring lawyer of the notice
   from the IBP Board of Governors.
6. During the said period, the lawyer cannot
   appear in court or any quasi- judicial body as
   counsel. Provided, however, that the “nut in good
   standing” status shall subsist even after the
   lapse of the 3-munth period until and unless
   the penalty shall have been paid.
7. Any lawyer who fails to comply with his
   duties under this Rule fur at least 3
   consecutive years shall be the subject of
   disciplinary proceedings to be instituted
   motu propria by the Committee an Bar
   Discipline , (Sec, 7, B.M. No.2012)