Re: Mandatory Continuing Legal Education [MCLE] Exemptions of Bar Examiners and Staff

August 2, 2022

EN BANC

B.M. No. 3865

RE: MANDATORY CONTINUING LEGAL EDUCATION [MCLE] EXEMPTIONS OF BAR EXAMINERS AND STAFF

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated AUGUST 2, 2022, which reads as follows:

"B.M. No. 3865 (Re: Mandatory Continuing Legal Education [MCLE] Exemptions of Bar Examiners and Staff).

RESOLUTION

WHEREAS, this Court is constitutionally mandated to promulgate rules concerning the admission to the practice of law; 1

WHEREAS, under Bar Matter No. 850, 2 members of the bar are required to complete at least thirty-six (36) credit hours of continuing legal education activities every three (3) years; 3

WHEREAS, pursuant to Rule 7, Section 3 of Bar Matter No. 850, a member of the bar may be exempt from compliance for a good cause, such as physical disability, illness, postgraduate study abroad, proven expertise in law, and other similar grounds; 4

WHEREAS, for the 2022 Bar Examinations, the Bar Chairperson appointed three (3) Bar Examiners per subject to facilitate the formulation of bar questions and the efficient correction of answers in light of the increasing number of admitted candidates in recent years; 5

WHEREAS, Bar Examiners, who are recognized law experts in their respective fields, are tasked to formulate questions and to evaluate and grade the examinees' answer;

WHEREAS, the administration of the 2022 Bar Examinations requires the engagement of Bar Personnel who will be assigned to various local testing centers across the country;

WHEREAS, while the Bar Personnel are committed to see the Bar Examinations through, it is understandable that there may be hesitation for some to be assigned to local testing centers or to volunteer for bar duties because of the risks posed by the COVID-19 pandemic;

WHEREAS, the preparation and the actual conduct of the Bar Examinations are important Court functions which demand significant time and effort from all involved in the operations;

NOW, THEREFORE, the Court resolved, upon recommendation of Associate Justice Alfredo Benjamin S. Caguioa, Chairperson of the 2022 Bar Examinations, that Bar Examiners and Bar Personnel engaged in the 2022 Bar Examinations are granted MCLE exemption under Rule 7, Section 3 of Bar Matter No. 850, as follows:

(1) Bar Examiners are exempted for one (1) compliance period;

(2) Members of the Office of the Bar Chairperson are exempted for one (1) compliance period; and

(3) Other Bar Personnel are exempted for:

(a) one (1) compliance period if they render actual service for four (4) Bar Examination days, OR

(b) partial credit of nine (9) units for each Bar Examination day that they render actual service.

The above exemptions are subject to the proviso that they complied with all the prescribed protocols and instructions issued by the Bar Chairperson.

The MCLE exemption granted under this Resolution may be applied to any compliance period and is subject to the administrative filing of the attestation of exemption under the MCLE procedures." Kho, Jr., J., on leave. (adv19)

By authority of the Court:

(SGD.) MARIFE M. LOMIBAO-CUEVASClerk of Court

Footnotes

1. 1987 CONSTITUTION, Art. VIII, Sec. 5 (5) provides:

Section 5. The Supreme Court shall have the following powers:

xxx xxx xxx

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. x x x

2. ADOPTING THE REVISED RULES ON THE CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES, October 2, 2001.

3. Bar Matter No. 850, Rule 2, Sec. 2 provides:

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 x x x[.]

4.Id., Rule 7, Sec. 3 provides:

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.

5. Bar Bulletin No. 1, S. 2022.