Posted on June 27, 2008 in Legal Misc
For those who have not complied with the requirements for the Mandatory Continuing Legal Education (MCLE), here’s an “incentive” to act really fast. The Supreme Court issued Bar Matter No. 1922 dated 3 June 2008 (published today, 26 June 2008, in the Manila Bulletin), which reads in full:
Bar Matter No. 1922. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the Courts the Counsel’s MCLE Certificate of Compliance or Certificate of Exemption. – The Court Resolved to NOTE the Letter, dated May 2, 2008, of Associate Justice Antonio Eduardo B. Nachura, Chairperson, Committee on Legal Education and Bar Matters, informing the Court of the diminishing interest of the members of the Bar in the MCLE requirement program.
Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters, to REQUIRE practicing members of the bar to INDICATE in 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.
The New Rule shall take effect sixty (60) days after its publication in a newspaper of general circulation.”
This is already a requirement in the Court of Tax Appeals (CTA), which, in our experience, is strict in enforcing it. Update: Compliance extended to 1 January 2009. Please see full text here.
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Thanks for this info, atty. fred.
how about us new bitches of the courts? im not really familiar with the MCLE?
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how about the new lawyers? isn’t it after 2 years pa from passing? tama po ba…?
new lawyers are required to attend seminars commensurate to the remaining months before the deadline.
SEC. 3. Compliance period of members admitted or readmitted after establishment of the program. – Members admitted or readmitted to the Bar after the establishment of the program shall be 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.
(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.
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(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 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. (Bar Matter 850)
i.e. admitted 2002, 2005, = 24 units (6 Updates in Substantive and Procedural Laws, 4 units Legal Ethics, 4 units Other MCLE Committee Prescribed Subjects, 3 units Alternative Dispute Resolution, 3 units Legal Writing & Oral Advocacy, 3 Units Pre-Trial and Trial Skills, unit International Law.
admitted 2003, 2006 = 14 units (5 units ADR, 4 units Pre-Trial and Trial Skills, 3 units Other MCLE Committee Prescribed Subjects, 2 units Legal Ethics)
Then for the succeeding compliance periods, Full 36 units na.
Pro-rated, but the deadline is the same.
As for the current compliance period (third as of this writing), those admitted this year (2007) are required to take 36 units MCLE but the deadline would be on the 14th of April, 2010.
i was admitted in 2005 and di pa ako nakapag mcle. now i’m desperately looking for a MCLE provider. meron pa kayang mag offer ng MCLE by July onwards? please help. thanks.
i think the mcle office of the Supreme Court has an updated list of upcoming MCLE seminars, them being the sole office that regulates such. tawagan mo na lang, 687-7349.
Grabe naman yan, even new lawyers are required na pala! So as a 2008 new lawyer, I am required 24 units of MCLE? Is that correct?
Oww? Kailangan na ng 2008 lawyers na mag-MCLE? Hmm… Kailangan po ba dun sa IBP Chapter namin kami mag-tatake ng MCLE o pwede kahit sa iba? Alala ko last year sa review, sa UP Law Center marami nag-e-MCLE habang nagrereview kami.
@ atty. teng
- 2008 lawyers? yes, 36 units, pero ang deadline po is on the 14th of 2010.
@ alpha mike
- ang pagtake ng MCLE ay hindi po exclusive sa chapter lang. may mga MCLE accredited seminar providers na nagco conduct nyan, all over the philippines. only those duly accredited MCLE seminars pre-approved by the MCLE Governing Board ang makakapagbigay sayo ng credit units.
erratum:
April 14, 2010
Ah. I see. Thanks po. So, sa UP Law Center pwede? Baka dun na lang ako. ^_^
Yup, UP-IJA (Institute of Judicial Administration) in UP Law Center is an accredited MCLE seminar provider. Just don’t forget to file your ACR (Attorney’s Compliance Report) before the deadline to avoid penalties, after completing the required units for the filing of the ACR is the last step to be really considered “Compliant”. NO ACR = NO COMPLIANCE, kahit pa sabihin mong complete units na.
or baka naman sila na mag file nun para sa inyo, fill-out ka na lang nung ACR form. just check if they have that arrangement.
Hmm… After the effectivity of the –how do we classify it… cicular? administrative matter? administrative order?– (i’ll just call it a “rule” for the meantime
), how should i make my pleadings if i have not yet taken MCLE, but before meeting the deadline?
Btw, anyone who can give me a link to the full text of this rule? Thanks po ulit! ^_^
Also, does this only applies to pleadings? Or does it apply even to notarial acts?