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Integrated Bar of The Philippines is an official national body to be known as the "Integrated Bar" it is composed of all persons whose names appear in the Roll of Attorneys of the Supreme Court. The purpose of the Integrated Bar is to elevate the standards of the legal profession.
Integrated Bar of The Philippines is an official national body to be known as the "Integrated Bar" it is composed of all persons whose names appear in the Roll of Attorneys of the Supreme Court. The purpose of the Integrated Bar is to elevate the standards of the legal profession.
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Integrated Bar of The Philippines is an official national body to be known as the "Integrated Bar" it is composed of all persons whose names appear in the Roll of Attorneys of the Supreme Court. The purpose of the Integrated Bar is to elevate the standards of the legal profession.
Hak Cipta:
Attribution Non-Commercial (BY-NC)
Format Tersedia
Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
Section 1. Organization. There is hereby organized an official national body to be known as the "Integrated Bar of the Philippines," composed of all persons whose names now appear or may hereafter be included in the Roll of Attorneys of the Supreme Court. Section 2. Purposes. The fundamental purposes of the Integrated Bar shall be to elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively. Section 3. Regions. The Philippines is hereby divided into nine Regions of the Integrated Bar, to wit: (a) Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva Vizcaya, and Quirino. (b) Central Luzon, consisting of the provinces of Bataan, Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and Zambales; (c) Greater Manila, consisting of the City of Manila and Quezon City; (d) Southern Luzon, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal; (e) Bicolandia, consisting of the provinces of Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, and Sorsogon; (f) Eastern Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and Southern Leyte; (g) Western Visayas, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, Negros Occidental, Negros Oriental, Palawan, Romblon, and Siquijor. (h) Eastern Mindanao, consisting of the provinces of Agusan del Norte, Agusan Del Sur, Bukidnon, Camiguin, Davao del Norte, Davao del Sur, Davao Oriental, Misamis Oriental, Surigao del Norte, and Surigao del Sur; and (i) Western Mindanao, consisting of the cities of Basilan and Zamboanga, and the provinces of Cotabato, Lanao del Norte, Lanao del Sur, Misamis Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del Sur. In the event of the creation of any new province, the Board of Governors shall, with the approval of the Supreme Court, determine the Region to which the said province shall belong. Section 4. Chapters. A Chapter of the Integrated Bar shall be organized in every province. Except as hereinbelow provided, every city shall be considered part of the province within which it is geographically situated. A separate Chapter shall be organized in each of the following political subdivisions or areas; (a) The sub-province of Aurora; (b) Each congressional district of the City of Manila; (c) Quezon City; (d) Caloocan City, Malabon and Navotas; (e) Pasay City, Makati, Mandaluyong and San Juan del Monte; (f) Cebu City; and (g) Zamboanga City and Basilan City. Unless he otherwise registers his preference for a particular Chapter, a lawyer shall be considered a member of the Chapter of the province, city, political subdivision or area where his office, or, in the absence thereof, his residence is located. In no case shall any lawyer be a member of more than one Chapter. Each Chapter shall have its own local government as provided for by uniform rules to be prescribed by the Board of Governors and approved by the Supreme Court, the provisions of Section 19 of this Rule notwithstanding. Chapters belonging to the same Region may hold regional conventions on matters and problems of common concern. Section 5. House of Delegates. The Integrated Bar shall have a House of Delegates of not more than one hundred twenty members who shall be apportioned among all the Chapters as nearly as may be according to the number of their respective members, but each Chapter shall have at least one Delegate. On or before December 31, 1974, and every four years thereafter, the Board of Governors shall make an apportionment of Delegates. The term of the office of Delegate shall begin on the date of the opening of the annual convention of the House and shall end on the day immediately preceding the date of the opening of the next succeeding annual convention. No person may be a Delegate for more than two terms. The House shall hold an annual convention at the call of the Board of Governors at any time during the month of April of each year for the election of Governor, the reading and discussion of reports including the annual report of the Board of Governors, the transaction of such other business as may be referred to it by the Board, and the consideration of such additional matters as may be requested in writing by at least twenty Delegates. Special conventions of the House may be called by the Board of Governors to consider only such matters as the Board shall indicate. A majority of the Delegates who have registered for a convention, whether annual or special, shall constitute a quorum to do business. Section 6. Board of Governors. The Integrated Bar shall be governed by a Board of Governors. Nine Governors shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor from each Region. Each Governor shall be chosen from a list of nominees submitted by the Delegates from the Region, provided that not more than one nominee shall come from any Chapter. The President and the Executive Vice President, if chosen by the Governors from outside of themselves as provided in Section 7 of this Rule, shall ipso facto become members of the Board. The members of the Board shall hold office for a term of one year from the date of their election and until their successors shall have been duly elected and qualified. No person may be a Governor for more than two terms. The Board shall meet regularly once every three months, on such date and such time and place as it shall designate. A majority of all the members of the Board shall constitute a quorum to do business. Special meetings may be called by the President or by five members of the Board. Subject to the approval of the Supreme Court, the Board shall adopt By-Laws and promulgate Canons of Professional Responsibility for all members of the Integrated Bar. The By-Laws and the Canons may be amended by the Supreme Court motu propio or upon the recommendation of the Board of Governors. The Board shall prescribe such other rules and regulations as may be necessary and proper to carry out the purposes of the Integrated Bar as well as the provisions of this Rule. Section 7. Officers. The Integrated Bar shall have a President and an Executive Vice President who shall be chosen by the Governors immediately after the latter's election, either from among themselves or from other members of the Integrated Bar, by the vote of at least five Governors. Each of the regional members of the Board shall be ex officio Vice President for the Region which he represents. The President and the Executive Vice President shall hold office for a term of one year from the date of their election and until their successors shall have duly qualified. The Executive Vice President shall automatically become the President for the next succeeding full term. The Presidency shall rotate from year to year among all the nine Regions in such order or rotation as the Board of Governors shall prescribe. No person shall be President or Executive Vice President of the Integrated Bar for more than one term. The Integrated Bar shall have a Secretary, a Treasurer, and such other officers and employees as may be required by the Board of Governors, to be appointed by the President with the consent of the Board, and to hold office at the pleasure of the Board or for such terms as it may fix. Said officers and employees need not be members of the Integrated Bar. Section 8. Vacancies. In the event the President is absent or unable to act, his duties shall be performed by the Executive Vice President; and in the event of the death, resignation, or removal of the President, the Executive Vice President shall serve as Acting President during the remainder of the term of the office thus vacated. In the event of the death, resignation, removal, or disability of both the President and the Executive Vice President, the Board of Governors shall elect an Acting President to hold office until the next succeeding election or during the period of disability. The filling of vacancies in the House of Delegates, Board of Governors, and all other positions of Officers of the Integrated Bar shall be as provided in the By-Laws. Whenever the term of an office or position is for a fixed period, the person chosen to fill a vacancy therein shall serve only for the unexpired term. Section 9. Membership dues. Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof. Section 10. Effect of non-payment of dues. Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys. Section 11. Voluntary termination of membership; re-instatement. A member may terminate his membership by filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be stricken by the Court from the Roll of Attorneys. Reinstatement may be made by the Court in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court. Section 12. Grievance procedures. The Board of Governors shall provide in the By-Laws for grievance procedures for the enforcement and maintenance of discipline among all the members of the Integrated Bar, but no action involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys shall be effective without the final approval of the Supreme Court. Section 13. Non-political Bar. The Integrated Bar shall be strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election of appointment to any position in the Integrated Bar or any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof. Section 14. Positions honorary. Except as may be specifically authorized or allowed by the Supreme Court, no Delegate or Governor and no national or local Officer or committee member shall receive any compensation, allowance or emolument from the funds of the Integrated Bar for any service rendered therein or be entitled to reimbursement for any expense incurred in the discharge of his functions. Section 15. Fiscal matters. The Board of Governors shall administer the funds of the Integrated Bar and shall have the power to make appropriations and disbursements therefrom. It shall cause proper Books of Accounts to be kept and Financial Statements to be rendered and shall see to it that the proper audit is made of all accounts of the Integrated Bar and all the Chapters thereof. Section 16. Journal. The Board of Governors shall cause to be published a quarterly Journal of the Integrated Bar, free copies of which shall be distributed to every member of the Integrated Bar. Section 17. Voluntary Bar associations. All voluntary Bar associations now existing or which may hereafter be formed may co-exist with the Integrated Bar but shall not operate at cross-purposes therewith. Section 18. Amendments. This Rule may be amended by the Supreme Court motu propio or upon the recommendation of the Board of Governors or any Chapter of the Integrated Bar. Section 19. Organizational period. The Commission on Bar Integration shall organize the local Chapters and toward this end shall secure the assistance of the Department of Justice and of all Judges throughout the Philippines. All Chapter organizational meetings shall be held on Saturday, February 17, 1973. In every case, the Commission shall cause proper notice of the date, time and place of the meeting called to organize a Chapter shall constitute a quorum for the purpose, including the election of a President, a Vice President, a Secretary, a Treasurer, and five Directors. The Commission shall initially fix the number of Delegates and apportion the same among all the Chapters as nearly as may be in proportion to the number of their respective members, but each Chapter shall have at least one Delegate. The President of each Chapter shall concurrently be its Delegate to the House of Delegates. The Vice President shall be his alternate, except where the Chapter is entitled to have more than one Delegate, in which case the Vice President shall also be a Delegate. The Board of Directors of the Chapter shall in proper cases elect additional as well as alternate Delegates. The House of Delegates shall convene in the City of Manila on Saturday, March 17, 1973 for the Purpose of electing a Board of Governors. The Governors shall immediately assume office and forthwith meet to elect the Officers of the Integrated Bar. The Officers so chosen shall immediately assume their respective positions. Section 20. Effectivity. This Rule shall take effect on January 16, 1973. Republic of the Philippines SUPREME COURT Manila B.M. No. 850 August 22, 2000 MANDATORY CONTINUING LEGAL EDUCATION (MCLE) ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES EN BANC RESOLUTION Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to adopt, as it hereby adopts, the following rules for proper implementation: RULE 1 PURPOSE Section 1. 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. RULE 2 MANDATORY CONTINUING LEGAL EDUCATION Section 1. Constitution of the MCLE Committee Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall be constituted in accordance with these Rules. Section 2. Requirements of completion of MCLE 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. Of the 36 hours: (a) At least six (6) hours shall be devoted to legal ethics. (b) At least (4) hours shall be devoted to trial and pretrial skills. (c) At least five (5) hours shall be devoted to alternative dispute resolution. (d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence. (e) At least four (4) hours shall be devoted to legal writing and oral advocacy. (f) At least two (2) hours shall be devoted to international law and international conventions. (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee. RULE 3 COMPLIANCE PERIOD Section 1. Initial compliance period The initial compliance period shall begin not later than three (3) months from the constitution of the MCLE Committee. Except for the initial compliance period for members admitted or readmitted after the establishment of the program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period. Section 2. Compliance Group 1. Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group 1. Section 3. Compliance Group 2. Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2. Section 4. Compliance Group 3. Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3. Section 5. Compliance period for members admitted or readmitted after establishment of the program. Members admitted or readmitted to the Bar after the establishment of the program shall be permanently 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. (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. RULE 4 COMPUTATION OF CREDIT UNITS Section 1. Guidelines The following are the guidelines for computation of credit units (CU): PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS 1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES 1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS 1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION 1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION 1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/ ORGANIZATION REACTOR/COMMENTATOR 1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/ ORGANIZATION FACILITATOR 2. AUTHORSHIP, EDITING AND REVIEW 2.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL REPORT/PAPER PROGRAM/CREATIVE PROJECT 2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU 17-20 CU 2 AUTHORS 10-12 CU 13-16 CU 3 OR MORE 5-6 CU 7-11 CU 2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS EDITOR CATEGORY 2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU 2 AUTHORS 4 CU 6 CU 3 OR MORE 2 CU 4 CU 2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL EDITOR 3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING Section 2. Limitation on certain credit units In numbers 2 and 3 of the guidelines in the preceding Section, the total maximum credit units shall not exceed twenty (20) hours per three (3) years. RULE 5 CATEGORIES OF CREDIT Section 1. Classes of credits The credits are either participatory or non-participatory. Section 2. Claim for participatory credit Participatory credit may be claimed for: (a) Attending approved education activities like seminars, conferences, symposia, in-house education programs, workshops, dialogues or round table discussions. (b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator in approved education activities. (c) Teaching in a law school or lecturing in a bar review class. Section 3. Claim for non-participatory credit Non-participatory credit may be claimed per compliance period for: (a) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the form of an article, chapter, book, or book review which contribute to the legal education of the author member, which were not prepared in the ordinary course of the member's practice or employment. (b) Editing a law book, law journal or legal newsletter. RULE 6 COMPUTATION OF CREDIT HOURS Section 1. Computation of credit hours Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time), in hours to the nearest one-quarter hour. RULE 7 EXEMPTIONS Section 1. Parties exempted from the MCLE The following members of the Bar are exempt from the MCLE requirement: (a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executives Departments; (b) Senators and Members of the House of Representatives; (c) 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; (d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; (e) The Solicitor General and the Assistant Solicitor General; (f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel; (g) The Chairmen and Members of the Constitutional Commissions; (h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman; (i) Heads of government agencies exercising quasi-judicial functions; (j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years accredited law schools; (k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Philippine Judicial Academy; and (l) Governors and Mayors. Section 2. Other parties exempted from the MCLE The following Members of the Bar are likewise exempt: (a) Those who are not in law practice, private or public. (b) Those who have retired from law practice with the approval of the IBP Board of Governors. Section 3. Good cause for exemption from or modification of requirement A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension of time for compliance, in accordance with a procedure to be established by the MCLE Committee. Section 4. Change of status The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance Group. Section 5. Proof of exemption Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents. RULE 8 STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES Section 1. Approval of MCLE program Subject to the rules as may be adopted by the MCLE Committee, continuing legal education program may be granted approval in either of two (2) ways: (1) the provider of the activity is an approved provider and certifies that the activity meets the criteria of Section 3 of this Rules; and (2) the provider is specially mandated by law to provide continuing legal education. Section 2. Standards for all education activities All continuing legal education activities must meet the following standards: (a) The activity shall have significant current intellectual or practical content. (b) The activity shall constitute an organized program of learning related to legal subjects and the legal profession, including cross profession activities (e.g., accounting-tax or medical-legal) that enhance legal skills or the ability to practice law, as well as subjects in legal writing and oral advocacy. (c) The activity shall be conducted by a provider with adequate professional experience. (d) Where the activity is more than one (1) hour in length, substantive written materials must be distributed to all participants. Such materials must be distributed at or before the time the activity is offered. (e) In-house education activities must be scheduled at a time and location so as to be free from interruption like telephone calls and other distractions. RULE 9 APPROVAL OF PROVIDERS Section 1. Approval of providers Approval of providers shall be done by the MCLE Committee. Section 2. Requirements for approval of providers Any persons or group may be approved as a provider for a term of two (2) years, which may be renewed, upon written application. All providers of continuing legal education activities, including in-house providers, are eligible to be approved providers. Application for approval shall: (a) Be submitted on a form provided by the IBP; (b) Contain all information requested on the form; (c) Be accompanied by the approval fee; Section 3. Requirements of all providers All approved providers shall agree to the following: (a) An official record verifying the attendance at the activity shall be maintained by the provider for at least four (4) years after the completion date. The provider shall include the member on the official record of attendance only if the member's signature was obtained at the time of attendance at the activity. The official record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time, date, location, subject matter, and length of the education activity. A copy of such record shall be furnished the IBP. (b) The provider shall certify that: (1) This activity has been approved for MCLE by the IBP in the amount of ________ hours of which hours will apply in (legal ethics, etc.), as appropriate to the content of the activity; (2) The activity conforms to the standards for approved education activities prescribed by these Rules and such regulations as may be prescribed by the IBP pertaining to MCLE. (c) The provider shall issue a record or certificate to all participants identifying the time, date, location, subject matter and length of the activity. (d) The provider shall allow in-person observation of all approved continuing legal education activities by members of the IBP Board of Governors, the MCLE Committee, or designees of the Committee and IBP staff for purposes of monitoring compliance with these Rules. (e) The provider shall indicate in promotional materials, the nature of the activity, the time devoted to each devoted to each topic and identify of the instructors. The provider shall make available to each participant a copy of IBP-approved Education Activity Evaluation Form. (f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one (1) year after the activity, copy furnished the IBP. (g) Any person or group who conducts an unauthorized activity under this program or issues a spurious certificate in violation of these Rules shall be subject to appropriate sanctions. Section 4. Renewal of provider approval The approval of a provider may be renewed every two (2) years. It may be denied if the provider fails to comply with any of the requirements of these Rules or fails to provide satisfactory education activities for the preceding period. Section 5. Revocation of provider approval The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors, upon recommendation of the MCLE Committee, after notice and hearing and for good cause. RULE 10 ACTIVITY AND PROVIDER APPROVAL FEE Section 1. Payment of fees Application for approval of an education activity or as a provider requires payment of an appropriate fee. RULE 11 GENERAL COMPLIANCE PROCEDURES Section 1. 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 address indicated therein not later than the day after the end of the member's compliance period. Section 2. 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(c) of Rule 9 should be 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. RULE 12 NON-COMPLIANCE PROCEDURES Section 1. What constitutes non-compliance The following shall constitute non-compliance (a) Failure to complete the education requirement within the compliance period; (b) Failure to provide attestation of compliance or exemption; (c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; (d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a non- compliance notice; (e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. Section 2. Non-compliance notice and 60-day period to attain compliance A member 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 explain the deficiency or otherwise show compliance with the requirements. Such notice shall contain, among other things, the following language in capital letters: YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER. The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned during this period may only be counted toward compliance with the prior compliance period requirement unless hours in excess of the requirement are earned, in which case, the excess hours may be counted toward meeting the current compliance period requirement.lawphil.net RULE 13 CONSEQUENCES OF NON-COMPLIANCE Section 1. Non-compliance fee A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee. Section 2. Listing as delinquent member Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139-A of the Rules of Court shall apply. RULE 14 REINSTATEMENT Section 1. Process 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 hours to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit hours may not be counted toward meeting the current compliance period requirement. Credit hours attained 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.lawphil.net Section 2. Termination of delinquent listing administrative process The termination of listing as a delinquent member is administrative in nature but it shall be made with notice and hearing by the MCLE Committee. RULE 15 MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE Section 1. Composition The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme Court, as Chair, and four (4) members, respectively, nominated by the IBP, the Philippine Judicial Academy, a law center designated by the Supreme Court and associations of law schools and/or law professors. The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a term of three (3) years and shall receive such compensation as may be determined by the Court. Section 2. Duty of the Committee The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the approval by the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the approval of the Supreme Court. Section 3. Staff of the IBP The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions. Section 4. Submission of annual budget The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and maintain the MCLE Program. This resolution shall take effect in October 2000, following its publication in two (2) newspaper of general circulation in the Philippines. Adopted this 22nd day of August, 2000. REPUBLIC ACT NO. 7662 AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES. Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of 1993." Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal education in order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to infuse in them the ethics of the legal profession; to impress on them the importance, nobility and dignity of the legal profession as an equal and indispensable partner of the Bench in the administration of justice and to develop social competence. Towards this end, the State shall undertake appropriate reforms in the legal education system, require proper selection of law students, maintain quality among law schools, and require legal apprenticeship and continuing legal education. Section 3. General and Specific Objective of Legal Education. - (a) Legal education in the Philippines is geared to attain the following objectives: (1) to prepare students for the practice of law; (2) to increase awareness among members of the legal profession of the needs of the poor, deprived and oppressed sectors of society; (3) to train persons for leadership; (4) to contribute towards the promotion and advancement of justice and the improvement of its administration, the legal system and legal institutions in the light of the historical and contemporary development of law in the Philippines and in other countries. (b) Legal education shall aim to accomplish the following specific objectives: (1) to impart among law students a broad knowledge of law and its various fields and of legal institutions; (2) to enhance their legal research abilities to enable them to analyze, articulate and apply the law effectively, as well as to allowthem to have a holistic approach to legal problems and issues; (3) to prepare law students for advocacy, counselling, problem-solving and decision-making, and to develop their ability to deal with recognized legal problems of the present and the future; (4) to develop competence in any field of law as is necessary for gainful employment or sufficient as a foundation for future training beyond the basic professional degree, and to develop in them the desire and capacity for continuing study and self-improvement; (5) to inculcate in them the ethics and responsibilities of the legal profession; and (6) to produce lawyers who conscientiously pursue the lofty goals of their profession and to fully adhere to its ethical norms. Section 4. Legal Education Board; Creation and Composition. - To carry out the purpose of this Act, there is hereby created the Legal Education Board, hereinafter referred to as the Board, attached solely for budgetary purposes and administrative support to the Department of Education, Culture and Sports. The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme Court or Court of Appeals, and the following as regular members: a representative of the Integrated Bar of the Philippines (IBP); a representative of the Philippine Association of Law Schools (PALS); a representative from the ranks of active law practitioners; and, a representative from the law students' sector. The Secretary of the Department of Education, Culture and Sports, or his representative, shall be an ex officio member of the Board. With the exception of the representative of the law students' sector, the Chairman and regular members of the Board must be natural-born citizen of the Philippines and members of the Philippine Bar, who have been engaged for at least ten (10) years in the practice of law, as well as in the teaching of law in a duly authorized or recognized law school. Section 5. Term of Office; Compensation. - The Chairman and regular members of the Board shall be appointed by the President for a term of five (5) years without reappointment from a list of at least three (3) nominees prepared, with prior authorization from the Supreme Court, by the Judicial and Bar Council, for every position or vacancy, and no such appointment shall need confirmation by the Commission on Appointments. Of those first appointed, the Chairman and the representative of the IBP shall hold office for five (5) years, the representatives of the PALS and the PALP, for three (3) years; and the representative from the ranks of active law practitioners and the representative of the law students' sector, for one (1) year, without reappointment. Appointments to any vacancy shall be only for the unexpire portion of the term of the predecessor. The Chairman and regular members of the Board shall have the same salary and rank as the Chairman and members, respectively, of the Constitutional Commissions: Provided, That their salaries shall not be diminished during their term of office. Section 6. Office and Staff Support. - The Department of Education, Culture and Sports shall provide the necessary office and staff support to the Board, with a principal office to be located in Metropolitan Manila. The Board may appoint such other officers and employees it may deem necessary in the performanceof its powers and functions. Section 7. Powers and Functions. - For the purpose of achieving the objectives of this Act, the Board shall havethe following powers and functions: (a) to administer the legal education system in the country in a manner consistent with the provisions of this Act; (b) to supervise the law schools in the country, consistent with its powers and functions as herein enumerated; (c) to set the standards of accreditation for law schools taking into account, among others, the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning; (d) to accredit law schools that meet the standards of accreditation; (e) to prescribe minimum standards for law admission and minimum qualifications and compensation of faculty members; (f) to prescribe the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness, and such other courses of study as may be prescribed by the law schools and colleges under the different levels of accreditation status; (g) to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which shall include the actual work of a new member of the Bar. (h) to adopt a system of continuing legal education. For this purpose, the Board may provide for the mandatory attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary; and (i) to perform such other functions and prescribe such rules and regulations necessary for the attainment of the policies and objectives of this Act. Section 8. Accreditation of Law Schools. - Educational institutions may not operate a law school unless accredited by the Board. Accreditation of law schools may be granted only to educational institutions recognized by the Government. Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or downgrade the accreditation status of a law school if it fails to maintain the standards set for its accreditation status. Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The withdrawal or downgrading of accreditation status shall be effetive after the lapse ofthe semester or trimester following the receipt by the school of the notice of withdrawal or downgrading unless, in the meantime, the school meets and/or upgrades the standards or corrects the deficiencies upon which the withdrawal or downgrading of the accreditation status is based. Section 11. Legal Education Fund. - There is hereby created a special endowment fund, to be known as the Legal Education Fund, which shall be under the control of the Board, and administered as a separate fund by the Social Security System (SSS) which shall invest the same with due and prudent regard to its solvency, safety and liquidity. The Legal Education Fund shall be established out of, and maintained from, the amounts appropriated pursuant to paragraph 2, Section 13 hereof, and from sixty percent (60%) of the privilege tax paid by every lawyer effective Fiscal Year 1994; and from such donations, legacies, grant-in-aid and other forms of contributions received by the Board for the purposes of this Act. Being a special endowment fund, only the interests earned on the Legal Education Fund shall be used exclusively for the purposes of this Act, including support for faculty development grants, professorial chairs, library improvements and similar programs for the advancement of law teaching and education in accredited law schools. The Fund shall also be used for the operation of the Board. For this purpose, an amount not exceeding ten percent (10%) of the interest on the Fund shall be utilized. The Board, in consultation with the SSS, shall issue the necessary rules and regulations for the collection, administration and utilization of the Fund. Section 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law which are presently under the supervision of the Department of Education, Culture and Sports. Hereafter, said supervision shall be transferred to the Board. Law schools and colleges which shall be established following the approval of this Act shall likewise be covered. Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is hereby authorized to be charged against the current year's appropriation of the Contingent Fund for the initial expenses of the Board. To form part of the Legal Education Fund, there shall be appropriated annually, under the budget of the Department of Education, Culture and Sports, the amount of Ten Million Pesos (P10,000,000.00) for a period of ten (10) years effective Fiscal Year 1994. Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional or the application thereof to any person, circumstance or transaction is held invalid, the validity of the remaining provisions of this Act and the applicability of such provisions to other persons, circumstances and transactions shall not be affected thereby. Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and regulations, issuances or parts thereof inconsistent with this Act is hereby repealed or amended accordingly. Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved: 23 December 1993.
Discussion I. Gaps in Laws Relating To Child Internet Pornography Addressed by Republic Act 9775, Otherwise Known As The Anti-Child Pornography Act of 2009