what is MCLE?

MCLE, or Mandatory Continuing Legal Education, is a program mandated by

the Supreme Court under Bar Matter No. 850 (2
October 2001)
requiring members of the Integrated Bar of the Philippines to undergo continuing legal
education 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. (Sec. 1, BM 850)

Who are required to undergo MCLE?

Every member of the IBP are required to complete the MCLE requirements
prescribed under Bar Matter 850. However, the following
members of the Bar are
exempt from compliance with MCLE requirements (Sec. 5, B.M. 850 IRR; Sec. 7, B.M.
850):
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 Justice of the Supreme Court, Incumbent and
retired members of the Judiciary, incumbent
members of the Judicial and Bar Council incumbent members of the
Mandatory Continuing Legal Education Committee,
incumbent court lawyers who have availed of the Philippine Judicial Academy
programs 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.
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.

What are the requirements of completion of MCLE?

Lawyers required to undergo MCLE are required to complete at least thirty-six

(36) hours of continuing legal education activities
approved by the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal ethics.
(b) At least four (4) hours shall be devoted to trial and pretrial skills.
(c) At least five (5) hours shall be devoted to alternative dispute
resolution.
(d) At least nine (9) hours shall be devoted to updates on substantive
and procedural laws, and jurisprudence.
(e) At least four (4) hours shall be devoted to legal writing and oral
advocacy.
(f) At least two (2) hours shall be devoted to international law and
international conventions.
(g) The remaining six (6) hours shall be devoted to such subjects as
may be prescribed by the MCLE Committee.

How often should a lawyer comply with MCLE requirements?

All lawyers, not otherwise exempted, are required to complete their MCLE
requirements every three (3) years and within the
compliance periods set by the Rules.

What are the periods for compliance with MCLE requirements?

The initial compliance period was from 15 April 2001 up to 14 April 2004.
The 2nd compliance period was from 15 April 2004 up to 14 April 2007.
The 3rd compliance period was from 15 April 2007 to 14 April 2010.
The 4th compliance period, was from 15 April 2010 to 14 April 2013.
We are now in the 5th compliance period, which is from 15 April 2013 to
14 April 2016 (Sec. 3, B.M. 850 IRR)

How soon after admission are lawyers required to comply with MCLE
requirements?

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 in the same compliance group, subject to the
following rules:
(a) Where four (4) 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.
(b) Where more than four (4) 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 members
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. 3, B.M. 850 IRR)

I have just been admitted to the Bar in April 2015, how many credit units in
each subject do I need to complete in order to comply with my MCLE
requirements?

Members of the Bar admitted in April 2015 are required to complete 12 credit
units of MCLE subjects apportioned as follows:
3 credit units in Prescribed Subjects
2 credit units in Legal Ethics
4 credit units in Alternative Dispute Resolution
3 credit units in Trial and Pre-Trial Skills

What is the procedure for compliance?

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 non
compliance on any of the following deficiencies:
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.
5) Any other act or omission analogous to any of the foregoing or
intended to circumvent or evade compliance
with the MCLE requirements.

What
The

constitutes
following

shall

non-compliance?
constitute

non-compliance:

(a) Failure to complete the education requirement within the compliance

period;
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including
evidence of exempt status) within the prescribed
period;
(d) Failure to satisfy the education requirement and furnish evidence of
such compliance within sixty (60) days from
receipt
of
a
non-compliance
notice;
(e) Any other act or omission analogous to any of the foregoing or intended
to circumvent or evade compliance with
the MCLE
requirements.

What are the effects of non-compliance with MCLE Requirements?

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 IBP Board of Governors upon the
recommendation of the MCLE Committee, in which case Rule
139-B of the Court shall apply.