MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

Submitted by: Bobby John Urquia & Sheen Mark Real

What is MCLE?

MCLE stands for MANDATORY CONTINUING LEGAL EDUCATION

Purpose of the MCLE. – Continuing legal education is required of members of

the Integrated Bar of the Philippines (IBP) 1. to ensure that throughout their
career, they keep abreast with law and jurisprudence, 2. maintain the ethics of
the profession and 3. enhance the standards of the practice of law.

CREDIT UNIT VS CREDIT HOUR

Credit Units - The measure of compliance with the MCLE requirement under the
Rules based on the category of the lawyer’s participation in the MCLE activity.

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

REQUIREMENTS

Members of the IBP shall complete, every three years, at least 36 hours of
continuing legal education activities approved by the MCLE Committee. Of the 36
hours:

• Note: except those exempt under Rule 7 of Bar Matter No. 850
(Mandatory Continuing Legal Education),

MCLE Subjects Credit Units/ HOURS

a. Legal Ethics - 6
b. Trial and Pre-Trial Skills - 4
c. Alternative Dispute Resolution - 5
d. Updates on Substantive and Procedural Laws and Jurisprudence - 9
e. Legal Writing and Oral Advocacy - 4
f. International Law and International Conventions- 2
g. MCLE Prescribed Subjects - 6

• 1. Technology and the Law

2. Law and Economics
3. Environmental Law
4. International Legal Processes
5. Transnational Business Transactions
6. Law Reforms in Specific Areas
7. Law as a Means Of Social Control
2 Ways To Fulfill

1. PARTICIPATORY LEGAL EDUCATION

(1) Attending approved education activities like seminars, conferences,

conventions, in-house education programs, workshops, dialogues or round table
discussion;

(2) Speaking or lecturing, or acting as assigned panelist, reactor, commentator,

resource speaker, moderator, coordinator or facilitator in approved education
activities;

(3) Teaching in a law school or lecturing in a bar review class

2. NON-PARTICIPATORY LEGAL EDUCATION

(1) Preparing, as an author or co-author, written materials published or accepted

for publication, e.g., in the form of an article, chapter, book, or book review
which contribute to the legal education of the author member, which were not
prepared in the ordinary course of the member’s practice or employment;

(2) Editing a law book, law journal or legal newsletter.

Note: Other activities, such as rendering mandatory legal aid services, may be
credited as MCLE activities.

COMPLIANCE

The IBP members covered by the requirement are divided into three compliance
groups:

(1) Compliance Group 1 consists of members in the National Capital Region (NCR)
or Metro Manila;

(2) Compliance Group 2 consists members in Luzon outside NCR; and

(3) Compliance Group 3 consists of members in Visayas and Mindanao.

The initial compliance period shall begin not later than three months from the
constitution of the MCLE Committee. The compliance period shall be for 36
months and shall begin the day after the end of the previous compliance period.

For those admitted or readmitted after the establishment of the program, they
will be permanently assigned to the appropriate compliance group based on
their chapter membership on the date of admission or readmission.

The initial compliance period after admission or readmission 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 in the same compliance group.
However: (1) Where four months or less remain of the initial compliance period
after admission or readmission, the member is not required to comply with the
program requirement for the initial compliance;

(2) Where more than four months remain of the initial compliance period after
admission or readmission, the member shall be required to complete a number of
hours of approved continuing legal education activities equal to the number of
months remaining in the compliance period in which the member is admitted or
readmitted. Such member shall be required to complete a number of hours of
education in legal ethics in proportion to the number of months remaining in the
compliance period. Fractions of hours shall be rounded up to the next whole
number [Sec. 5, Rule 3, BM 850].

Computation of Credit Units

Credit units will be given only for the time spent in legal education activities
which have been previously approved by the Committee and conducted by an
accredited provider.

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.

Compliance Procedure

I. Each member shall secure from the MCLE Committee a Compliance Card
before the end of his compliance period.

II. The member shall complete the card by attesting under oath that he has
complied with the education requirement or that he is exempt.

III. Such compliance card must be returned to the Committee not later than
the day after the end of the member’s compliance period.

What Constitutes Non-Compliance

I. Failure to complete the education requirement within the compliance

period;

II. Failure to provide attestation of compliance or exemption;

III. Failure to provide satisfactory evidence of compliance within the

prescribed period;

IV. Failure to satisfy the education requirement and furnish evidence of

such compliance within sixty (60) days from receipt of non-compliance
notice;
 V. Failure to pay non-compliance fee within the prescribed period;

VI. Any other act or omission analogous to any of the foregoing or intended
to circumvent or evade compliance with the MCLE requirements.

Note:

* Members failing to comply will receive a Non-Compliance Notice and will

be given sixty (60) days from the date of notification to file a response
clarifying the deficiency or otherwise showing compliance with the
requirements.

** Members given sixty (60) days to respond to a Non-Compliance Notice

may use this period to attain the adequate number of credit units for
compliance.

*** Credit units earned during the sixty (60) day period may only be
counted toward compliance with the prior compliance period requirement
unless units in excess may be counted toward meeting the current
compliance period requirement.

Consequences of Non-Compliance

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 recommendation of the Committee on MCLE.

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. He may still practice the profession but HIS ALL PLEADINGS
SUBMITTED TO COURT MAY BE EXPUNGED FROM THE RECORDS since it is
required that practicing members of the Bar to indicate in all pleadings
filed before the courts or quasi-judicial bodies and DISMISSAL OF THE
CASE.

• All practicing members of the bar are required to indicate 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
Reinstatement for Members Declared as Delinquent

• o A member involuntarily listed as delinquent shall only be reinstated upon

proof of compliance with the MCLE requirement, including payment of
compliance fee.

Persons exempted from the MCLE

• The President, Vice-President and the Secretaries and Undersecretaries of

Executive Departments;

• Senators and Members of the House of Representatives

• The Chief Justice and Associate Justices of the Supreme Court, incumbent
and retired members of the judiciary,

• Incumbent members of Judicial Bar Council,

• Incumbent members of the MCLE Committee, incumbent court lawyers

who have availed of the Philippine Judicial Academy programs of continuing
judicial education

• Senators and Members of the House of Representatives

• The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of
the Dept. of Justice

• The Solicitor General and the Assistant Solicitor General;

• The Government Corporate Counsel, Deputy and Assistant Government

Corporate Counsel;

• The Chairman 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;

• Heads of government agencies exercising quasi-judicial functions;

• Incumbent deans, bar reviewers and professors of law who have teaching
experience for at least 10 years in accredited law schools;

• The Chancellor, Vice-Chancellor and members of the Corps of Professional

and Professorial Lecturers of the Philippine Judicial Academy

• Governors and Mayors because they are prohibited from practicing their
profession
 A member may file a verified request setting forth good cause for exemption
(e.g., physical disability, illness, post graduate study abroad, proven expertise
in law) from compliance with or modification of any of the requirements,
including an extension of time for compliance, in accordance with a procedure
to be established by the MCLE Committee. [Sec. 3, Rule 7, BM 850]

When a member ceases to be exempt, the compliance period begins on the

first day of the month in which he ceases to be exempt and shall end on the
same day as that of all other members in the same Compliance Group. [Sec. 4,
Rule 7, BM 850]

Proof of exemption: Applications for exemption from or modification of the

MCLE requirement shall be under oath and supported by documents

BAR MATTER 2012: THE RULE ON MANDATORY LEGAL AID SERVICE

PURPOSE: To enhance the duty of lawyers to society as agents of social change

and to the courts as officers thereof by helping improve access to justice by the
less privileged members of society and expedite the resolution of cases involving
them. Mandatory free legal service by members of the bar and their active
support thereof will aid the efficient and effective administration of justice
especially in cases involving indigent and pauper litigants [Sec. 2, BM No. 2012
(2009)]

SCOPE

• The rule governs the mandatory requirement for practicing lawyers to

render free legal aid services in all cases (whether, civil, criminal or
administrative) involving indigent and pauper litigants where the
assistance of a lawyer is needed. It shall also govern the duty of other
members of the legal profession to support the legal aid program of the
IBP.

PRACTICING LAWYERS

Members of the Philippine Bar who appear for and in behalf of parties in courts of
law and quasi-judicial agencies,

excluding the following:

(1) Government employees and incumbent elective officials not allowed by

law to practice;

(2) Lawyers who by law are not allowed to appear in court;

(3) Supervising lawyers of students enrolled in law student practice in duly

accredited legal clinics of law schools and lawyers of non-governmental
organizations and peoples’ organizations, who by the nature of their work
already render free legal aid to indigent and pauper litigants; and
 (4) Lawyers do not appear for and in behalf of parties in courts of law and
quasi-judicial agencies

INDIGENT AND PAUPER LITIGANTS

(1) Those whose gross income and that of their immediate family do not exceed
an amount double the monthly minimum wage of an employee; and

(2) Those who do not own real property with a fair market value as stated in the
current tax declaration of more than three hundred thousand (P300,000.00)
pesos. [Sec. 19, Rule 141]

REQUIREMENTS FOR EVERY PRACTICING LAWYER

(1) To render a minimum of 60 hours of free legal aid services to indigent

litigants in a year. Said 60 hours shall be spread within a period of twelve 12
months, with a minimum of five hours of free legal aid services each month

(2) To coordinate with the Clerk of Court for cases where he may render free
legal aid service and shall be required to secure and obtain a certificate from the
Clerk of Court attesting to the number of hours spent rendering free legal aid
services in a case [Sec. 5, BM 2012]

PENALTIES

Should a lawyer fail to render the minimum prescribed number of hours., he shall
be required to explain why he was unable to do so. If no explanation has been
given or if the National Committee on Legal Aid (NCLA) finds the explanation
unsatisfactory, the NCLA shall make a report and recommendation to the IBP
Board of Governors for the erring lawyer to be declared a member of the IBP
who is not in good standing.

• After acceptance of the recommendation, the lawyer shall be declared a

member not in good standing. He will be furnished a notice that includes a
directive to pay P4000.00 penalty which shall accrue to the special fund for
the legal aid program of the IBP. Any lawyer who fails to comply with
these duties for at least three consecutive years shall be the subject of
disciplinary proceedings to be instituted motu proprio by the Committee
on Bar Discipline. [Sec. 7, BM 2012]