Mandatory Continuing Legal Education (Bar Matter No. 850)

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30 Terms

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Mandatory Continuing Legal Education (MCLE)

A requirement for members of the Integrated Bar of the Philippines (IBP) to ensure they stay updated with law and jurisprudence, maintain professional ethics, and enhance the standards of legal practice.

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MCLE Committee

The committee responsible for implementing the MCLE program and approving continuing legal education activities.

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Compliance Period

The period within which members of the IBP must complete the required number of hours of continuing legal education. It starts after the previous compliance period ends and lasts for 36 months.

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Compliance Groups

Members of the IBP are divided into three compliance groups based on their geographical location:Compliance Group 1 (National Capital Region), Compliance Group 2 (Luzon outside NCR), and Compliance Group 3 (Visayas and Mindanao).

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Credit Units (CU)

Units used to measure compliance with the MCLE requirement. Different categories of activities have different credit unit requirements.

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Participatory Credit Units

Credit units that can be claimed for attending approved education activities, speaking or lecturing, or teaching in a law school or bar review class.

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Non-participatory Credit Units

Credit units that can be claimed for preparing written materials published or accepted for publication, or for editing a law book, law journal, or legal newsletter.

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Credit Hours (CH)

Hours spent in an education activity, reported in decimals, used to compute credit units.

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Exemptions

Certain members of the Bar who are exempt from the MCLE requirement, including high-ranking government officials, members of the judiciary, and certain law professors.

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Accreditation of Providers

The process by which providers of continuing legal education activities are approved by the MCLE Committee to offer accredited programs.

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Official record of attendance

A record maintained by the provider for at least four years after the completion date, containing the member's name, number in the Roll of Attorneys, time, date, location, subject matter, and length of the education activity.

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Certification by provider

The provider certifies that the activity has been approved by the MCLE Committee for a certain number of hours, and that the activity conforms to the standards prescribed by the Rules.

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Record or certificate to participants

The provider issues a record or certificate to all participants, identifying the time, date, location, subject matter, and length of the activity.

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In-person observation

The provider allows in-person observation of approved activities by the MCLE Committee, members of the IBP Board of Governors, or their designees for monitoring compliance.

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Nature of activity in promotional materials

The provider indicates in promotional materials the nature of the activity, time devoted to each topic, and identity of the instructors.

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Education Activity Evaluation Form

The provider makes available to each participant a copy of the MCLE Committee-approved Education Activity Evaluation Form.

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Maintenance of completed Evaluation Forms

The provider maintains the completed Education Activity Evaluation Forms for at least one year after the activity.

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Unauthorized activity and spurious certificate

Any person or group conducting an unauthorized activity or issuing a spurious certificate is subject to appropriate sanctions.

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Renewal of provider accreditation

Provider accreditation may be renewed every two years, subject to compliance with the requirements and satisfactory education activities.

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Revocation of provider accreditation

Provider accreditation may be revoked by the MCLE Committee, after notice and hearing, for good cause.

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Fee for approval of activity and accreditation of provider

Payment of fees is required for the approval of an education activity or accreditation as a provider.

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Compliance card

Each member must secure a Compliance Card from the MCLE Committee before the end of their compliance period, attesting to compliance or specifying the nature of the exemption.

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Member record keeping requirement

Each member must maintain sufficient records of compliance or exemption, with copies furnished to the MCLE Committee.

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Non-compliance procedures

Non-compliance includes failure to complete the education requirement, provide attestation of compliance or exemption, or furnish satisfactory evidence of compliance within the prescribed period.

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Non-compliance notice and 60-day period to attain compliance

Members failing to comply receive a Non-Compliance Notice and have 60 days to respond and attain compliance. Failure to comply may result in being listed as a delinquent member.

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Consequences of non-compliance

Non-compliance fee is imposed, and delinquent members may be listed as such and subject to investigation by the Commission on Bar Discipline.

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Reinstatement

Delinquent listing can be terminated when the member provides proof of compliance and pays the non-compliance fee. Credit units earned during the period of non-compliance may count toward meeting the requirement for the prior compliance period.

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Committee on Mandatory Continuing Legal Education

The MCLE Committee is composed of five members, chaired by a retired Justice of the Supreme Court, and responsible for administering and adopting implementing rules for the MCLE Program.

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Staff of the MCLE Committee

The MCLE Committee employs necessary staff to perform record-keeping, auditing, reporting, approval, and other functions.

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Submission of annual budget

The MCLE Committee submits an annual budget to the Supreme Court for approval to establish, operate, and maintain the MCLE Program.