SAN BEDA UNIVERSITY
COLLEGE OF LAW
MANDATORY CONTINUING LEGAL EDUCATION
(BAR MATTER NO. 850)
and
LAW STUDENT PRACTICE
(A.M. No. 19-03-24-SC)
IN PARTIAL FULFILLMENT
OF THE REQUIREMENTS FOR THE SUBJECT
LEGAL ETHICS
SUBMITTED TO:
ATTY. MONICA YAP
SUBMITTED BY:
BIROL, JODEL KARLO A.
BOLOS, ALEKSI G.
CALZADO, MICHELLE LOLEC S.
CARLOS, JAN YVETTE E.
1-C
SECOND SEMESTER, A.Y. 2019-2020
MANDATORY CONTINUING LEGAL EDUCATION
(BAR MATTER NO. 850)
BACKGROUND
Canon 5 of the Code of Professional Responsibility sanctioned
lawyers the obligation to undergo a program of continuing legal
education program when it states that ―A lawyer should keep abreast
of legal developments, participate in continuing legal education
programs‖1. It is also deemed an integral part of the Integrated Bar of
the Philippines (IBP) mandate because Rule 139-A, Section 2 of the
Revised Rules of Court provides:
―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.‖2
The purpose of the MCLE as provided in Bar Matter No. 850 is:
―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.‖3
The MCLE is administered by a Governing Board composed by
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 Governing Board 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
maybe determined by the Court.
MISSION
To ensure that all members of the Integrated Bar of the
Philippines keep abreast with law and jurisprudence, maintain the
ethics of the profession and enhance the standards of the practice of
law.
1
Canon 5, Code of Professional Responsibility
2
Sec.2, Rule 139-A of the Revised Rules of Court
3
Sec.1, Rule 1 of B.M. 850
VISION
To facilitate a convenient and efficient process for all lawyers to
comply with their requirements of mandatory continuing legal
education.
BAR MATTER 850
Considering the Rules on the 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, Bar Matter 850 is the
Adoption of the Revised Rules on the Continuing Legal Education for
Members of the Integrated Bar of the Philippines.
Requirements (Rule 2):
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
equivalent to six (6) credit units.
(b) At least four (4) hours shall be devoted to trial and
pre-trial skills equivalent to four (4) credit units.
(c) At least five (5) hours shall be devoted to alternative
dispute resolution equivalent to five (5) credit units.
(d) At least nine (9) hours shall be devoted to updates
on substantive and procedural laws, and jurisprudence
equivalent to nine (9) credit units.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy equivalent to four (4) credit units.
(f) At least two (2) hours shall be devoted to international law
and international conventions equivalent to two (2) credit
units.
(g) The remaining six (6) hours shall be devoted to
such subjects as may be prescribed by the MCLE
Committee equivalent to six (6) credit units.4
4
Sec 2, Rule 2 of B.M 850
Compliance Period (Rule 3):
The initial compliance period this shall begin no later than three
(3) months from the adoption of these Rules. 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.5
Members of the IBP not exempt from the MCLE requirement
shall be divided into three (3) compliance groups, namely:
(a) Compliance group 1. -- Members in the National Capital
Region (NCR) or Metro Manila are assigned to Compliance
Group 1.
(b) Compliance group 2. -- Members in Luzon outside NCR
are assigned to Compliance Group 2.
(c) Compliance group 3. -- Members in Visayas and Mindanao
are assigned to Compliance Group 3.
Nevertheless, members may participate in any legal education
activity wherever it may be available to earn credit unit toward
compliance with the MCLE requirement.6
Members admitted or readmitted to the Bar after the
establishment of the program shall be 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
5
Sec 1, Rule 3 of B.M 850
6
Sec 2, Rule 3, B.M 850
months remaining in the compliance period. Fractions of
hours shall be rounded up to the next whole number.7
Computation of Credit Hours (Rule 6):
Credit hours are computed based on actual time spent in an
education activity in hours to the nearest one-quarter hour reported in
decimals.
Exemptions (Rule 7):
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 Ombudsman 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 ten (10) years in
accredited law schools;
7
Sec 3, Rule 3, B.M 850
(k) The Chancellor, Vice-Chancellor and members of
the Corps of Professors and Professorial Lecturers of the
Philippine Judicial Academy; and
(l) Governors and Mayors.8
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.9
Consequences of Non-Compliance (Rule 13):
A member who, for whatever reason, is in non-compliance
at the end of the compliance period shall pay a non-compliance
fee.10
A member who fails to comply with the requirements after
the sixty (60) day period for compliance has expired, shall be
listed as a delinquent member of the IBP upon the
recommendation of the MCLE Committee. The investigation of a
member for non-compliance shall be conducted by the IBP’s
Commission on Bar Discipline as a fact-finding arm of the MCLE
Committee.11
Membership fees shall continue to accrue at the active rate
against a member during the period he/she is listed as a
delinquent member.12
MANDATORY CONTINUING LEGAL EDUCATION
IMPLEMENTING REGULATIONS
Minimum Education Requirement
Subject to the exemptions listed in Sections 1 and 2, Rule 7 of
the Rules, every member of the IBP must complete at least thirty-six
(36) credit units of mandatory continuing legal education (MCLE)
every three (3) years during the compliance period as provided in
Rule 2 and these Implementing Regulations.13
8
Sec 1, Rule 7 of B.M 850
9
Sec 2, Rule 7 of B.M 850
10
Sec 1, Rule 13 of B.M 850
11
Sec 2, Rule 13 of B.M 850
12
Sec 3, Rule 13 of B.M 850
13
Sec 2 of MCLE’s Implementing Regulations
Compliance Period
The initial compliance period shall be from April 15, 2001 up to
April 14, 2004. All succeeding compliance periods shall begin the day
after the end of the preceding compliance period. The initial
compliance period for members newly admitted or readmitted to the
IBP 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.14
Computation of Credit Units
Credit units will be given for time spent in an approved education
activity based on the category of the lawyer’s participation therein, as
provided in Section 1, Rule 4 of the Rules.
a. General Standard of Computation
1. Credit units will be given only for time spent in legal education
activities which have been previously approved by the
Committee and conducted by an accredited provider.
2. Credit units will be given in accordance with Section 1 of Rule 4.
3. Every approved education activity shall be conducted for at least
one hour. However, if it should exceed one hour, one-half credit
unit shall be given for every half hour beyond the initial hour.
b. In-house Education Activity
An in-house education activity must be approved by the Committee
before a lawyer may earn any credit unit for participation therein.15
Determination of Lawyer’s Compliance
The Committee shall maintain current records of continuing legal
education for every lawyer to whom the Rules and these
Implementing Regulations apply. Pursuant to Committee policy, these
records shall be made available to the lawyers concerned at a time
and place convenient to the Committee.
The continuing legal education requirement must be completed by
the end of the compliance period. Every lawyer not exempt under the
Rules and these Regulations shall report to the Committee the credit
units earned by him during the compliance period duly certified by the
providers.
14
Sec 3 of MCLE’s Implementing Regulations
15
Sec 4 of MCLE’s Implementing Regulation
A lawyer whose report shows full compliance with the continuing
legal education requirement shall be issued a compliance card by the
Committee.16
16
Sec 11 of MCLE’s Implementing Regulation
RULE 138-A LAW STUDENT PRACTICE
(A.M. NO. 19-03-24-SC)
In the Supreme Court’s resolution En Banc of December 19,
1986, Rule 138-A also known as “Law Student Practice Rule” has
been put into effect. Allowing students who has successfully
completed his 3rd year of the regular four year prescribed law
curriculum and is enrolled in a recognized law school’s clinical legal
education program approved by the Supreme Court to appear without
compensation to any civil, criminal, or administrative case before any
trial court, tribunal, board or officer, to present any indigent clients
accepted by the legal clinic of the law school. This long-standing rule
has been adopted and practiced by law students. On June 25, 2019,
adopted and promulgated A.M. No. 19-03-24-SC Rule 138-A Law
Student Practice, otherwise known as the Revised Law Student
Practice Rule (Revised Rule). Amending the existing provisions of
Rule 138-A of the Rules of court. The main feature of the revised rule
is that a law student must now be certified to be able to engage in the
limited practice of law.
Rule 138-A covers the limited practice of law by students
certified under the Clinical Legal Education Program of their law
school. Such as appearances, drafting, and submission of pleadings
and documents before trial and appellate courts and quasi-judicial
and administrative bodies, assistance in mediation and other
alternative modes of dispute resolution, legal counselling and advice
and others mentioned in Section 1.
This requires the law student to first apply and secure the
following certification before engaging in any practice of law while
under the Clinical Legal Education Program.
Level 1 Certification for law students who have successfully
completed first year law courses and Level 2 Certification, for law
students currently enrolled for the second semester of their third year
law courses, provided however, where the student fails to complete
all their third year law courses, the level 2 certification shall be
deemed automatically revoked. This is Under Section 3 of Rule 138-
A, previously in the old Rule 138-A, A law student who has
successfully completed his third year of the regular four year
prescribed law curriculum and is enrolled in a recognized school’
clinical legal education program may appear in court, pointing the
difference of the need to comply with the required certification.
The Revised Rule 138-A also enumerates the areas of law a
student-practitioner may engage in in accordance with their
certification. Section 4 Practice Areas of Law Student Practitioners
states that for Level 1 certification a student may engage in 1)
Interview prospective clients, (2) Give legal advice to the client, (3)
Negotiate for and on behalf of the client, (4) Draft legal documents
such as affidavits, compromise agreements, contracts, demand letter,
position papers, and the like, (5) Represent eligible parties before
quasi-judicial or administrative bodies, (6) Provide public legal
orientation, and (7) Assist in public interest advocacies for policy
formulation and implementation. While for Level 2 Certification a
student may engage in (1) Perform all activities under Level 1
Certification, (2) Assist in the taking of depositions and/or preparing
judicial affidavits of witnesses, (3) Appear on behalf of the client at
any stage of the proceedings or trial, before any court, quasi-judicial
or administrative body, (4) In criminal cases, subject to the provisions
of Section 5, Rule 110 of the Rules of Court, to appear on behalf of a
government agency in the prosecution of criminal actions, and (5) In
appealed cases, to prepare the pleadings required in the case.
While both the old and revised Rule 138-A both needs a
supervising lawyer, in the revised Rule 138-A Section 7 Use of Law
Student Practitioner’s Name. – A law student practitioner may sign
briefs, pleadings, letters, and other similar documents which the
student has produced under the direction of the supervising lawyer,
indicating the law student practitioner’s certificate number as required
under this Rule.
Certified students are required to take an oath as follows:
"I, ( name ), having been granted a certificate of law
student practice by the Supreme Court under Rule
138-A of the Rules of Court, do solemnly swear (or
affirm) that I will maintain allegiance to the Republic of
the Philippines, I will support the Constitution and
obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood,
nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless,
false or unlawful suit, or give aid nor consent to the
same; I will delay no man for money or malice, and
will conduct myself as a certified law student
practitioner according to the best of my knowledge
and discretion, with all good fidelity as well to the
courts as to the parties I represent;2 and I impose
upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me
God."17
17
Sec 8 of A.M. No. 19-03-24-SC
Moreover, Law schools are given such tasks and/or duties to
conduct and establish the following: (a) develop and adopt a Clinical
Legal Education Program; (b) develop and establish at least one law
clinic in its school; (c) endorse qualified students for certification as
law student practitioner under this Rule. Such endorsement shall
constitute as a certification that the dean or authorized representative
knows that the applicant is a student enrolled in the Clinical Legal
Education course, possesses good moral character, and has met the
requirements of Section 3 of A.M. No. 19-03-24-SC; and (d) ensure
compliance by law student practitioners and supervising lawyers with
the Code of Professional Responsibility.18
In relation to Section 9 on the duties of law school, law school
shall also have a number of faculties to teach clinical legal education
courses as may be necessary to comply with this Rule19.
It is also required for students to be supervised by a member of
the bar with good standing20. The supervising lawyers are expected
to: (a) supervise such number of certified law student practitioners as
far as practicable; (b) personally appear with the law student
practitioner in all cases pending before the second-level courts and in
all other cases the supervising lawyer determines that his or her
presence is required; (c) assume personal professional responsibility
for any work performed by the certified law student practitioner while
under his or her supervision; (d) assist and advise the certified law
student practitioner in the activities authorized by these rules and
review such activities with the certified law student practitioner, all to
the extent required for the proper practical training of the certified law
student practitioner and the protection of the client; (e) read, approve,
and personally sign any pleadings, briefs or other similar documents
prepared by the certified law student practitioner prior to the filing
thereof, and read and approve any documents which shall be
prepared by the certified law student practitioner for execution by the
eligible party; and (f) provide the level of supervision to the certified
law student practitioner required by these rules.21
In the case of Ferdinand Cruz vs. Alberto Mina, it was ruled that a
law student may appear before an inferior court as an agent or friend
of a party without the supervision of a member of the bar, this
exemption is in relation to Section 34, Rule 138 of the Rules of Court
which provides that by whom litigation is conducted. — in the court of
a justice of the peace, a party may conduct his litigation in person,
with the aid of an agent or friend appointed by him for that purpose,
or with the aid of an attorney. In any other court, a party may conduct
18
Sec 9 of A.M. No. 19-03-24-SC
19
Sec 12 of A.M. No. 19-03-24-SC
20
Sec 10 of A.M. No. 19-03-24-SC
21
Ibid.
his litigation personally or by aid of an attorney, and his appearance
must be either personal or by a duly authorized member of the bar.22
Taking note and emphasis on the fact that such can only be practiced
in inferior courts.
Under Bar Matter No. 730, the court held that a law student
appearing before the Regional Trial Court under the authority of Rule
138-A must be under the direct control and supervision of a member
of the Integrated Bar of the Philippines duly accredited by the law
school and that said law student must be accompanied by a
supervising lawyer in all his appearance.23
The following are the sanctions for non-compliance and/or
violations of the rules:
First, without prejudice to existing laws, rules, regulations, and
circulars, the following shall be considered as unauthorized practice
of law by a certified law student practitioner24;
i. Engaging in any of the acts provided in Section 4 of this
Rule without the necessary certification or without the
consent and supervision of the supervising lawyer;
ii. Making false representations in the application for
certification
iii. Using an expired certification to engage in the limited
practice of law under this Rule;
iv. Rendering legal services outside the scope of the practice
areas allowed under Section 4 of this Rule;
v. Asking for or receiving payment or compensation for
services rendered under the Clinical Legal Education
Program as provided in this Rule; and
vi. Such other analogous circumstances.
And lastly, provisions of A.M. No. 19-03-24-SC notwithstanding,
any act constituting a violation of the Code of Professional
Responsibility shall subject the supervising lawyer, Clinical Legal
Education Program Head, and/or law school dean to disciplinary
action, as the circumstances may warrant25.
22
Cruz v. Mina, G.R. No. 154207 (2007)
23
B.M. No. 730
24
Sec 13 of A.M. No. 19-03-24-SC
25
Ibid.
