Mandatory Continuing Legal Education (MCLE)

What is the purpose of the MCLE?

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) 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.

Who are required to undergo the MCLE?

Members of the IBP not exempt under Rule 7 shall comply with the MCLE requirements

Who are those exempt under Rule 7 of the MCLE?

The following members of the Bar are exempt from the MCLE requirement:

1.    The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive Departments;

2.    Senators and Members of the House of Representatives;

3.    The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy program of continuing judicial education;

4.    The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;

5.    The Solicitor General and the Assistant Solicitors General;

6.    The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

7.    The Chairmen and Members of the Constitutional Commissions;

8.    The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office of the Ombudsman;

9.    Heads of government agencies exercising quasi-judicial functions;

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

11.  The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy; and

12.  Governors and Mayors.

The following members of the Bar are likewise exempt:

1.    Those who are not in law practice, private or public.

2.    Those who have retired from law practice with the approval of the IBP Board of Governors.

How many hours of continuing legal education must a member of the Bar finish?

Members of the IBP not exempt under Rule 7 shall complete every three (3) years at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee.

What subjects are included in the required 36 hours of MCLE?

Of the 36 hours of continuing legal education activities:

1.    At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.

2.    At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4) credit units.

3.    At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five (5) credit units.

4.     At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence equivalent to nine (9) credit units.

5.     At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to four (4) credit units.

6.    At least two (2) hours shall be devoted to international law and international conventions equivalent to two (2) credit units.

7.    The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee equivalent to six (6) credit units.

What are the general compliance procedures under the MCLE?

Compliance card. – Each member 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.

Member record keeping requirement. – Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record required to be provided to the members by the provider pursuant to Section 3© of Rule 9 should be a sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5.

What constitutes non-compliance?

The following shall constitute non-compliance:

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 non-compliance notice;

5.    Failure to pay non-compliance fee within the prescribed period;

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

In case of non-compliance, will the lawyer receive any notice?

Yes. Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency 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.

What is the consequence of non-compliance?

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee.

What is the consequence of non-compliance after the sixty (60) day period for compliance has expired?

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 the recommendation of the MCLE Committee. The investigation of a member for non-compliance shall be conducted by the IBP’s Commission on Bar Discipline as a fact-finding arm of the MCLE Committee.

Will the membership fee still accrue?

Membership fees shall continue to accrue at the active rate against a member during the period he/she is listed as a delinquent member.

What is the procedure for reinstatement?

The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit units to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit units may not be counted toward meeting the current compliance period requirement. Credit units earned during the period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement.