Article 28p. 28

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

RULE 5 CATEGORIES OF CREDIT

Section 1. Classes of credits

The credits are either participatory or non-participatory.

Section 2. Claim for participatory credit

Participatory credit may be claimed for:

(a) Attending approved education activities like seminars,

conferences, 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.

Section 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 review 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

Executives 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 Solicitor

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 reviews and professors of law

who

have teaching experience for at least 10 years

accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the

Corps of Professors and Professorial Lectures of the

Philippine Judicial Academy; and

(l) Governors and Mayors.

Section 2. Other parties exempted from the MCLE

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.

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.

Section 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.

Section 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 3 of this Rules;

and (2) the provider is specially mandated by law to

provide continuing legal education.

Section 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.

Section 2. Requirements for approval of providers

Any persons 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

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