Bar Matter No. 1922

May 26, 2014

OCA CIRCULAR NO. 79-14

 

In the Resolution of the Court En Banc dated January 14, 2014 in the above-cited administrative matter, the Court RESOLVED, upon the recommendation of the MCLE Governing Board, to:

(a) AMEND the June 3, 2008 resolution by repealing the phrase "Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records" and replacing it with "Failure to disclose the required information would subject the counsel to appropriate penalty and disciplinary action"; and

(b) PRESCRIBE the following rules for non-disclosure of current MCLE compliance/exemption number in the pleadings:

(i) The lawyer shall be imposed a fine of P2,000.00 for the first offense, P3,000.00 for the second offense and P4,000.00 for the third offense;

(ii) In addition to the fine, counsel may be listed as a delinquent member of the Bar pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its implementing rules and regulations; and aSTcCE

(iii) The non-compliant lawyer shall be discharged from the case and the client/s shall be allowed to secure the services of a new counsel with the concomitant right to demand the return of fees already paid to the non-compliant lawyer.

This revokes OCA Circular No. 66-2008 dated July 22, 2008, and any prior circular from the Office of the Court Administrator on this matter which is contrary to the foregoing is hereby superseded.

For your information, guidance and strict compliance.

JOSE MIDAS P. MARQUEZCourt Administrator