EN BANC

Bar Matter No. 850

RE: MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

Gentlemen:

Quoted hereunder, for your information, is a resolution of the Court dated AUG 22 2000.

BAR MATTER NO. 850 - MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

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ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

Considering the Rules on Mandatory Continuing Legal Education (MGLE) 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 toadopt, 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 careen they keep abreast with Jaw 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.

SEC. 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 four (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 froth 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.

SEC. 2. Compliance group 1. -- Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group1.

SEC. 3. Compliance group 2. -- Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2.

SEC. 4. Compliance group 3. -- Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3.

SEC. 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 members 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.

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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 SPEAKER 3 CU PER HOUR

PHOTOCOPY OF PLAQUE OR SPONSOR’S CERTIFICATION

1.4 ASSIGNED PANELIST/REACTOR/COMMENTATOR

2 CU PER HOUR

CERTIFICATION FROM SPONSORING ORGANIZATION

1.5 MODERATOR/COORDINATOR/FACILITATOR

2 CU PER HOUR

CERTIFICATION FROM SPONSORING ORGANIZATIO

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2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/INNOVATIVE PROGRAM/CREATIVE PROJECT

5-10 CREDIT UNITS

DULY CERTIFIED/PUBLISHED TECHNICAL REPORT/PAPER

2.2 BOOK

SINGLE AUTHOR

2 AUTHORS

3 OR MORE

50-100 PP         101+

12-16 CU          17-20 CU

10-12 CU          13-16 CU

5-6 CU               7-11 CU

PUBLISHED BOOK

2.3 BOOK EDITOR 1/2 OF THE CU OF AUTHORSHIP CATEGORY

PUBLISHED BOOK WITH PROOF AS EDITOR

2.4 LEGAL ARTICLE

SINGLE AUTHOR

2 AUTHORS

3 0R MORE

5-10 PP             11+

6 CU                  8 CU

4 CU                  6 CU

2 CU                 4 CU

PUBLISHED ARTICLE

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2.5 LEGAL

NEWSLETTER/LAW

JOURNAL EDITOR

3-6 CU PER ISSUE

PUBLISHED NEWSLETTER/JOURNAL

3. PROFESSORIAL CHAIR/BAR REVIEW LECTURE/LAW TEACHING

6 CU PER CHAIR

1 CU PER LECTURE HOUR

CERTIFICATION OF LAW DEAN OR BAR REVIEW DIRECTOR

SEC. 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.

SEC. 2. Claim for participatory credit. -- Participatory credit may be claimed for:

(a) Attending approved education activities like seminars conferences, conventions, 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.

SEC. 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 renew 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 Executive 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 Solicitors 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 reviewers and professors of law who have teaching experience for at least 10 years in accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy; and

(I) Governors and Mayors

SEC. 2. Other parties exempted from the MCLE. -- The following Members of the Bar are likewise exempt:

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(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.

SEC. 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.

SEC. 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.

SEC. 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 2 of this Rule; and (2) the provider is specifically mandated by law to provide continuing legal education.

SEC. 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.

SEC. 2. Requirements for approval of providers. -- Any person 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 appropriate approval fee.

SEC. 3. Requirements of all providers -- All approved providers shall agree to the fallowing:

(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 topic and identity of the instructors.  The provider shall make available to each participant a copy of IBP-approved Education Activity Evaluation Form.

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(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.

SEC. 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.

SEC. 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 no later than the day after the end of the member's compliance.period.

SEC. 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.

SEC. 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 DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELIQUENT 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.

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.

SEC. 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.

SEC. 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

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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.

SEC. 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.

SEC. 3. Staff of the IBP. -- shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions.

SEC. 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 on the first of October 2000, following its publication in two (2) newspapers of general circulation in the Philippines.

Adopted this 22nd day of August, 2000.

Republic of the PhilippinesSUPREME COURT

Manila

B.M. No. 2012             February 10, 2009

PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING LAWYERS

RESOLUTION

Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court Resolved to APPROVE the same.

This Resolution shall take effect on July 1, 2009 following publication of the said Rule and its implementing regulations in at least two (2) newpapers of general circulation.

February 10, 2009

RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Title. - This Rule shall be known as "The Rule on Mandatory Legal Aid Service."

SECTION 2. Purpose. - This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.

SECTION 3. Scope. - This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

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SECTION 4. Definition of Terms. - For purposes of this Rule:

(a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term "practicing lawyers" shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to practice;

(ii) Lawyers who by law are not allowed to appear in court;

(iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court andAlgura v. The Local Government Unit of the City of Naga (G.R. No.150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation;

(d) Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and credited as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country;

(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an equivalent or similar position.

The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding.

SECTION 5. Requirements. -

(a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court.

The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year.

(b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case.

The certificate shall contain the following information:

(i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was rendered.

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(ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body.

(iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on a particular case.

(iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or conference) or pleading filed on a particular case shall be considered as one (1) hour of service.

The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyer's compliance report.

(c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBP’s NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the mandatory submission of compliance reports by the practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

(f) Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court.

The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(g) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or

of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively participated in the NGO’s or PO’s free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(i) Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP.

SECTION 6. NCLA. -

(a) The NCLA shall coordinate with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent.

(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records in compliance with this Rule.

(d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors.

The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties. -

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(a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.

(b) The "not in good standing" declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors. During the said period, the lawyer cannot appear in court or any quasi-judicial body as counsel. Provided, however, that the "not in good standing" status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal and administrative charges against the malfeasor.

SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). - A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for

legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(9), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules. - The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are "practicing lawyers," what constitute "legal aid cases" and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval.

SECTION 10. Effectivity. - This Rule and its implementing rules shall take effect on July 1,2009 after they have been published in two (2) newspapers of general circulation.

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