Case Summary (B.M. 850)
Rule 2: Mandatory Continuing Legal Education Requirements
• Implementation begins within two months of Supreme Court approval, under a newly constituted MCLE Committee.
• Every three years, non‐exempt IBP members must complete 36 credit units (CUs) of approved activities, allocated as follows:
– 6 CUs: legal ethics
– 4 CUs: trial and pretrial skills
– 5 CUs: alternative dispute resolution
– 9 CUs: updates on substantive/procedural laws and jurisprudence
– 4 CUs: legal writing and oral advocacy
– 2 CUs: international law and conventions
– 6 CUs: subjects prescribed by the MCLE Committee
Rule 3: Compliance Period
• Initial period: begins within three months of rule adoption; subsequent periods last 36 months, starting the day after the prior period ends.
• IBP members are divided by geography into three compliance groups (NCR, Luzon outside NCR, Visayas/Mindanao).
• Members admitted/readmitted after program establishment join the appropriate group; their first period runs from admission until the group’s compliance‐period end.
– If ≤4 months remain, initial compliance is waived.
– If >4 months remain, hours required equal remaining months, with ethics hours prorated.
Rule 4: Computation of Credit Units (CUs)
• CUs equal credit hours.
• Participatory activities (seminars, conferences, workshops, etc.) yield 1 CU per hour of attendance; full CUs for lecturer/resource speaker roles; half CUs for panelists, moderators, etc., subject to supporting documents.
• Non‐participatory activities (authorship, editing, research publications, teaching) earn CUs per published work or per activity, as specified.
Rule 5: Categories of Credit Units
• Participatory CUs: attendance, speaking roles, teaching in law schools or bar review classes.
• Non‐participatory CUs: authorship or co-authorship of legal materials not prepared in the ordinary course of practice or employment; editing of books, journals, or newsletters.
Rule 6: Computation of Credit Hours (CH)
Credit hours are calculated based on actual time spent, rounded to the nearest quarter‐hour and reported in decimals.
Rule 7: Exemptions
Automatic exemptions apply to high‐ranking elective/appointed officials (e.g., President, Justices, Constitutional Commissioners), incumbent deans and professors with ≥10 years’ teaching, and other specified government legal officers.
Additional exemptions cover members not engaged in law practice or retired with IBP approval.
Members may request exemption or modification for good cause (illness, disability, postgraduate study, etc.) under procedures to be established by the MCLE Committee. Status changes trigger a new compliance period beginning the first day the exemption ceases.
Rule 8: Standards for Approval of Education Activities
Approval requires either accreditation of the provider by the MCLE Committee or legal mandate to offer MCLE. All activities must:
• Offer significant and current intellectual or practical content
• Constitute an organized legal learning program
• Be conducted by experienced providers
• Distribute substantive written materials for sessions >1 hour
• Ensure in-house programs are free from interruptions
Rule 9: Accreditation of Providers
• The MCLE Committee accredits providers for two-year terms, renewable upon compliance.
• Applicants submit a prescribed form, required information, and fees.
• Accredited providers must maintain attendance records for four years, certify approved hours, issue participant certificates, allow MCLE Committee monitoring, and provide evaluation forms.
• Non-compliant or unauthorized providers face sanctions; the Committee may revoke accreditation after notice and hearing.
Rule 10: Fees for Activity Approval and Provider Accreditation
Applications for activity approval or provider accreditation require payment of fees as set in the MCLE Schedule of Fees.
Rule 11: General Compliance Procedures
• Members secure and complete a Compliance Card under oath, attesting to completion or exemption, and return it no later than the day after their compliance period ends.
• Members maintain supporting records of attendance and non-participatory activities, furnishing copies to the MCLE Committee.
Rule 12: Non-Compliance Procedures
Non-compliance includes failure to complete requirements, attest, furnish evidence, or pay fees. The MCLE Committee issues a notice detailing deficiencies and grants 60 days to comply or respond. Units earned during this period may satisfy the
Case Syllabus (B.M. 850)
Background
- 418 Phil. 585 (En Banc) – B.M. 850, October 2, 2001
- Resolution promulgated by the Supreme Court en banc on the Rules on Mandatory Continuing Legal Education (MCLE)
- Recommended by the Integrated Bar of the Philippines (IBP), endorsed by the Philippine Judicial Academy, and reviewed by the Supreme Court Committee on Legal Education
- Adopted August 22, 2000, as amended October 2, 2001; effective September 15, 2000, after publication in two newspapers of general circulation
- Authored by Justice Sandoval‐Gutierrez; concurred in by Chief Justice Davide, Jr. and Associate Justices Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Ynares‐Santiago, De Leon, Jr., and Sandoval‐Gutierrez; Justice Kapunan on official leave
Rule 1: Purpose of the MCLE
- Ensures members of the IBP remain current in law and jurisprudence throughout their careers
- Promotes maintenance of professional ethics
- Aims to enhance standards of legal practice
Rule 2: Mandatory Continuing Legal Education
- MCLE Committee to be constituted within two months of Supreme Court approval
- Members of the IBP (unless exempt under Rule 7) must complete 36 hours of approved activities every three years
- Breakdown of the 36 hours:
- Legal ethics: 6 hours
- Trial and pretrial skills: 4 hours
- Alternative dispute resolution: 5 hours
- Updates on substantive and procedural laws and jurisprudence: 9 hours
- Legal writing and oral advocacy: 4 hours
- International law and conventions: 2 hours
- Other subjects prescribed by the MCLE Committee: 6 hours
Rule 3: Compliance Period
- Initial compliance period begins no later than three months after adoption of the Rules
- Thereafter, each compliance period spans 36 months, commencing the day after the prior period ends
- Division into three compliance groups:
- Group 1: Members in National Capital Region (NCR)
- Group 2: Members in Luzon outside NCR
- Group 3: Members in Visayas and Mindanao
- Members admitted or readmitted after program establishment:
- Assigned to group based on chapter membership at admission/readmission
- Initial period runs from month of admission to end date of that group’s period
- If four months or less remain, no initial requirement; if more, hours required equal remaining months, prorated ethics hours, rounding up fractions
Rule 4: Computation of Credit Units (CU)
- Credit units equal credit hours
- Guidelines for participation and authorship activities:
- Seminar/conference attendance: 1 CU per hour (certificate of attendance required)
- Lecturer/resource speaker: full CU for subject (sponsor’s certification required)
- Panelist/commentator/moderator/facilitator: ½ CU for subject (certification from sponsoring organization)
- Law book authorship (≥100 pages): full CU (published book required)
- Book editing: ½ CU of authorship category (proof as editor)
- Research paper/innovative program: ½ CU (certification or published report)
- Legal article (≥10 pages): ½ CU (published article)
- Newsletter/journal editor: 1 CU per issue (published newsletter/journal)
- Professional chair/bar review lecture/law teaching: full CU per subject (dean or director’s certification)
Rule 5: Categories of Credit Units
- Two classes: participatory and non-participatory
- Participatory CU claimed for:
- Attending approved educational activities (seminars, workshops, symposia, dialogues)
- Speaking or lecturing, or serving as panelist, reactor, commentator, resource speaker, moderator, coordinator, or facilitator
- Teaching in law schools or bar review classes
- Non-participatory CU claimed for:
- Authoring or co-authoring written