Comments on: Penalty for Failure to Indicate Mandatory Continuing Legal Education (MCLE) Compliance

By: curios

curios — Mon, 19 Jul 2010 02:21:51 +0000

Sirs,

The DOJ, in its Circular PROVIDING FOR GUIDELINES FOR IMPLEMENTING THE PROSECUTION SERVICE ACT OF 2010, declared on June 25, 2010 :

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Sec. 607. Exemption from MCLE. – Incumbent and retired prosecutors of the national prosecution service shall be exempt from mandatory continuing legal education required of members of the Integrated Bar of the Philippines under Bar Matter No. 850. (7/1[c])

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Now, my question is, is the DOJ equipped with the power to declare such when the practice of law is regulated/vested only in the Supreme Court? This comes to mind because although court lawyers may be exempt from the MCLE requirement, such court lawyers have a form of MCLE in the guise of attending PhilJA Accredited trainings. In here, the DOJ makes mo alternative seminars that may be considered as a conuterpart, andit seems that they took it upon themselves to just insert this “Rider” with no qualifications.

Would it be safe to speculate that the DOJ crossed the line with this?

Your thoughts qould be greatly appreciated.

Thanks!

By: thornbird

thornbird — Sun, 03 Jan 2010 10:41:43 +0000

what is the penaty for bogus lawyers fabricating a no. to indicate that he attended mcle seminars?

By: waldner

waldner — Tue, 12 May 2009 10:19:23 +0000

Anyone could enlighten me again on my predicament:

I was tasked to appear before the City Prosecutor’s Office here in Manila. I handed over to the fiscal the ex parte entry of appearance in behalf of our client and he noticed that there is no MCLE compliance stated after the name ang signature of the counsel. The opposing counsel objected the same considering that allegedly it is not in accordance with the mandate of the Supreme Court regarding MLCE Compliance among lawyers. After a careful reading about the provisions relating to MCLE Compliance, it uses the word “ALL PLEADINGS”. I look into the Black’s Law dictionary and the Rules of Court regarding the definition of Pleading and I think Ex Parte Entry of Appearance is not considered as a pleading. The same holds true with Manifestation in compliance with the Court’s Order. Who is correct?

Last thing, are the receiving clerks allowed to REFUSE to accept pleadings submitted before them when the counsel failed to indicate MCLE Compliance? Does it run contrary to their ministerial duty?

By: Samuel L.

Samuel L. — Wed, 22 Apr 2009 07:01:36 +0000

I can tell that this is not the first time you write about this topic. Why have you chosen it again?

By: Angela

Angela — Tue, 31 Mar 2009 03:41:57 +0000

Hi atty. Fred…thanx for your blog…big help. well, i was admitted to Bar in 2007… i also completed my MCLE…already have my MCLE Compliance No. kaya lang, may ibang lawyers magaling palusot… they still have up to 2010 for the compliance… wala po ba implementing rules and Bar Matter 1922 as to who are exempted to comply? thanks a lot.

By: purple

purple — Sun, 15 Mar 2009 14:35:15 +0000

for victor.
your query just happened last january somewhere in bicol. two judges dismissed the cases for violations of ordinances. it was premeditated. other cases filed by the prosecutor and his assistants were spared. bar matter no. 1922 was just used as a facade for the judges to avenge the local chief executive’s policy against indirect bribing of the local judiciary… well, i guess somebody should raise this trivial question of law to the higher court.

By: Ephraim Cuadra Salcedo

Ephraim Cuadra Salcedo — Sun, 15 Mar 2009 13:10:28 +0000

Sirs/Madames:
Your Honors -

It says “failure to disclose . . . would result to dismissal of case. This pre-supposes a plaintiff or petitioner’s position. How about if the lawyer is for the Respondent or Defendant? Certainly, a case may not and should not be dismissed from this end. As it is not specifically stated, if the lawyer who failed to provide MCLE compliance, would “default” with prejudice apply?

By: Mano

Mano — Tue, 10 Mar 2009 09:12:12 +0000

Hi. Based on Bar Matter 1922 and its extension there is a penalty if a lawyer does not indicate his MCLE Compliance in a pleading. What about appearing before the court? Can a lawyer who has not complied with MCLE make a formal appearance in court?

By: Abet

Abet — Tue, 10 Mar 2009 00:12:51 +0000

Hi Atty. Fred. Where can we access the list of members who complied with the MCLE requirement? How about the list of delinquent members?

By: victor

victor — Thu, 26 Feb 2009 05:51:18 +0000

In Bar Matter No. 1922 dated 3 June 2008 (published today, 26 June 2008, in the Manila Bulletin),does the term “pleadings” include criminal Information filed by the prosecutors?

Supposing the assistant prosecutor and/or the chief failed to put the required mcle compliance number, can the judge dismiss the case and expunge it from the records? What if both of them could not comply, what will now happen to the criminal case filed?

Thank you.