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Rule 139-B
Procedure in Disbarment and Other Disciplinary Proceedings:
1.Complaint, in writing and duly sworn to, is filed with the Supreme
Court (sec.1)
11
Supreme Court Resolution dated 21 February 1992 amending section 27, Rule 138 of
the Revised Rules of Court.
12
Rule 139 B, sec. 1
13
Ibid.
Bar Matter No. 850, October 2, 2001
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.17
b. Requirements
Members of the IBP, unless exempted under Rule 7, shall complete
every three (3) years at least thirty-six (36) hours of continuing legal
education activities. The 36 hours shall be divided as follows:
a.
b.
c.
d.
e.
f.
g.
Rule 1, Sec. 1
Rule 2, Sec. 2
Rule 11, Sec. 1
Id., Sec. 2
d. Exemptions
Parties Exempted from the MCLE:
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 SC, incumbent
and retired justices of the judiciary, incumbent members of
the Judicial and Bar Council and incumbent court lawyers
covered by the Philippine Judicial Academy Program of
continuing legal education;
4. The Chief State Counsel, Chief State Prosecutor
Assistant Secretaries of the Department of Justice;
and
and
Members
of
the
Constitutional
11.
The Chancellor, Vice-Chancellor and members of the
Corps of Professional Lecturers of the Philippine Judicial
Academy; and
12.
e. Sanctions
A member who, for whatever reason, is in non-compliance at the
end of the compliance period shall pay a non-compliance fee.23
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 upon the recommendation of the MCLE
Committee. The investigation of a member for non-compliance shall be
conducted by the IBP's Commission on Bar Discipline as a fact-finding
arm of the MCLE Committee.24
Membership fees shall continue to accrue at the active rate against
a member during the period he/she is listed as a delinquent member.25
6. Notarial Practice26
a. Qualifications of Notary Public27
1. Must be citizen of the Philippines
21
Rule 7, Sec. 1
Id., Sec. 2
23
Rule 13, Sec. 1
24
Id., Sec. 2
25
Id., Sec. 3
26
A.M. No. 02-8-13-SC: Rules on Notarial Practice of 2004
27
Notary Public - a person appointed by the court whose duty is to attest
to the genuineness of any deed or writing in order to render them
available as evidence of facts stated therein and who is authorized by the
statute to administer various oaths.
22
Acknowledgments;
2.
3.
Jurats;
4.
Signature witnessings;
5.
6.
28
29
d. Notarial Register
31
32
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transaction who each personally knows the individual and shows to the
notary public documentary identification.
h. Sanctions
(a) The Executive Judge shall revoke a notarial commission for any
ground on which an application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of,
or impose appropriate administrative sanctions upon, any notary public
who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial
register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge
within the first ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of
his commission;
(5) fails to submit his notarial register, when filled, to the
Executive Judge;
(6) fails to make his report, within a reasonable time, to the
Executive Judge concerning the performance of his duties, as may
be required by the judge;
(7) fails to require the presence of a principal at the time of
the notarial act;
(8) fails to identify a principal on the basis of personal
knowledge or competent evidence;
(9) executes a false or incomplete certificate under Section 5,
Rule IV;
(10) knowingly performs or fails to perform any other act
prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the
judgment of the Executive Judge constitutes good cause for
revocation of commission or imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved
person, the notary public shall be required to file a verified answer to the
complaint.
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