Re: MCLE Exemptions of Bar Examiners and Staff

September 14, 2021

EN BANC

B.M. No. 3865

RE: MCLE EXEMPTIONS OF BAR EXAMINERS AND STAFF

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution datedSEPTEMBER 14, 2021, which reads as follows:

"B.M. No. 3865 (Re: MCLE Exemptions of Bar Examiners and Staff)

RESOLUTION

WHEREAS, under Bar Matter No. 850, members of the Bar are required to complete at least 36 credit units of continuing legal education activities every three (3) years; 1

WHEREAS, under Rule 7, Section 3, 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; 2

WHEREAS, this Court is constitutionally mandated to promulgate rules concerning the admission to the practice of law; 3

WHEREAS, for the 2020/21 Bar Examinations, the Bar Chairperson appointed three Bar Examiners per subject in anticipation of the increased number of Bar Examinees; 4

WHEREAS, Bar Examiners, who are recognized law experts in their respective fields, are tasked with formulating questions and evaluating the Bar Examinees' answers;

WHEREAS, the administration of the 2020/21 Bar Examinations requires the engagement of court personnel who will be assigned to various local testing centers across the country;

WHEREAS, while court personnel are committed to see the Bar Examinations through, it is understandable that some hesitate to be assigned to local testing centers or to volunteer for Bar duties because of the risks posed by the COVID-19 pandemic, especially the Delta variant;

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

NOW, THEREFORE, the Court resolved, upon recommendation of Associate Justice Marvic M.V.F. Leonen, Chairperson of the 2020/21 Bar Examinations, that Bar Examiners and personnel engaged in the 2020/21 Bar Examinations are granted Mandatory Continuing Legal Education (MCLE) exemption under Rule 7, Section 3 of Bar Matter No. 850, as follows:

(1) Bar Examiners are exempted for two compliance periods;

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

(3) Other Bar personnel are exempted for one compliance period.

Bar personnel shall only be granted MCLE exemption for one (1) compliance period after they have rendered actual services for four (4) Bar Sundays, and if they complied with the strict health protocols and instructions from 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." (adv8)

By authority of the Court:

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

 

Footnotes

1. Bar Matter No. 850 (2000), as amended, Rule 2, Sec. 2 provides in part:

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.

2. Bar Matter No. 850 (2000), as amended, 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.

3. 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

4. Bar Bulletin No. 16, s. 2020.