Article 29p. 29

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

eligible to be approved providers. Application for approval

shall:

(a) Be submitted on a form provided by the IBP;

(b) Contain all information requested on the form;

(c) Be accompanied by the approval fee;

Section 3. Requirements of all providers

All approved providers shall agree to the following:

(a) An official record verifying the attendance at the

activity shall be maintained by the provider for at least

four (4) years after the completion date. The provider shall

include the member on the official record of attendance

only if the member's signature was obtained at the time

of

attendance

at

the

activity. The official record of

attendance

shall

contain

the

member's

name

and

number in the Roll of Attorneys and shall identify the

time, date, location, subject matter, and length of the

education

activity.

A

copy

of

such

record

shall

be

furnished the IBP.

(b) The provider shall certify that:

(1) This activity has been approved for MCLE by the IBP in

the amount of ________ hours of which hours will apply in

(legal ethics, etc.), as appropriate to the content of the

activity;

(2) The activity conforms to the standards for approved

education activities prescribed by these Rules and such

regulations as may be prescribed by the IBP pertaining to

MCLE.

(c) The provider shall issue a record or certificate to all

participants identifying the time, date, location, subject

matter and length of the activity.

(d) The provider shall allow in-person observation of all

approved

continuing

legal

education

activities

by

members of the IBP Board of Governors, the MCLE

Committee, or designees of the Committee and IBP staff

for purposes of monitoring compliance with these Rules.

(e) The provider shall indicate in promotional materials,

the nature of the activity, the time devoted to each

devoted to each topic and identify of the instructors. The

provider shall make available to each participant a copy of

IBP-approved Education Activity Evaluation Form.

(f) The provider shall maintain the completed Education

Activity Evaluation Forms for a period of not less than one

(1) year after the activity, copy furnished the IBP.

(g) Any person or group who conducts an unauthorized

activity under this program or issues a spurious certificate

in violation of these Rules shall be subject to appropriate

sanctions.

Section 4. Renewal of provider approval

The approval of a provider may be renewed every two (2)

years. It may be denied if the provider fails to comply with

any of the requirements of these Rules or fails to provide

satisfactory education activities for the preceding period.

Section 5. Revocation of provider approval

The approval of any provider referred to in Rule 9 may be

revoked by a majority vote of the IBP Board of Governors,

upon recommendation of the MCLE Committee, after

notice and hearing and for good cause.

RULE 10 ACTIVITY AND PROVIDER APPROVAL

FEE

Section 1. Payment of fees

Application for approval of an education activity or as a

provider requires payment of an appropriate fee.

RULE 11 GENERAL COMPLIANCE PROCEDURES

Section 1. Compliance card

Each member shall secure from the MCLE Committee a

Compliance

Card before the end of his compliance

period. He shall complete the card by attesting under

oath

that

he

has

complied

with

the

education

requirement or that he is exempt, specifying the nature

of

the

exemption.

Such

Compliance

Card

must be

returned to the address indicated therein not later than

the day after the end of the member's compliance period.

Section 2. Member record keeping requirement

Each

member

shall

maintain

sufficient

record

of

compliance or exemption, copy furnished the MCLE

Committee. The record required to be provided to the

members by the provider pursuant to Section 3(c) of Rule

9

should

be

sufficient

record

of

attendance

at

a

participatory

activity.

A

record

of

non-participatory

activity shall also be maintained by the member, as

referred to in Section 3 of Rule 5.

RULE 12 NON-COMPLIANCE PROCEDURES

Section 1. What constitutes non-compliance

The following shall constitute non-compliance

(a) Failure to complete the education requirement within

the compliance period;

(b)

Failure

to

provide

attestation

of

compliance

or

exemption;

(c) Failure to provide satisfactory evidence of compliance

(including

evidence

of

exempt

status)

within

the

prescribed period;

(d) Failure to satisfy the education requirement and

furnish evidence of such compliance within sixty (60) days

from receipt of a non-compliance notice;

(e) Any other act or omission analogous to any of the

foregoing or intended to circumvent or evade compliance

with the MCLE requirements.

Section 2. Non-compliance notice and 60-day period to

attain compliance

A

member

failing

to

comply

will

receive

a

Non-Compliance Notice stating the specific deficiency

and will be given sixty (60) days from the date of

notification to explain the deficiency or otherwise show

compliance with the requirements. Such notice shall

contain, among other things, the following language in

capital letters:

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION

FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE

WITH THE MCLE REQUIREMENT BY (INSERT DATE 60

DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE

FOR LISTING AS A DELINQUENT MEMBER.

The Member may use this period to attain the adequate

number of credit hours for compliance. Credit hours

earned during this period may only be counted toward

compliance

with

the

prior

compliance

period

requirement unless hours in excess of the requirement

are earned, in which case, the excess hours may be

counted toward meeting the current compliance period

requirement.lawphil.net

RULE 13 CONSEQUENCES OF

NON-COMPLIANCE

Section 1. Non-compliance fee

A

member

who,

for

whatever

reason,

is

in

non-compliance at the end of the compliance period

shall pay a non-compliance fee.

Section 2. Listing as delinquent member

Any member who fails to satisfactorily comply with

Section 2 of Rule 12 shall be listed as a delinquent

member

by

the

IBP

Board of Governors upon the

recommendation of the MCLE Committee, in which case,

Rule 139-A of the Rules of Court shall apply.

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