Legprof Assignment 2

7/28/2019 Legprof Assignment 2

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RULE 139-A

Integrated Bar of the Philippines

Section 1. Organization. — There is hereby organized an official national body to be known as the "Integrated Bar of thePhilippines," composed of all persons whose names now appear or may hereafter be included in the oll of !ttorneys ofthe upreme #ourt.

Section 2. Purposes. — The fundamental purposes of the Integrated Bar shall be to ele$ate the standards of the legalprofession, impro$e the administration of %ustice, and enable the Bar to discharge its public responsibility more effecti$ely.

Section 3. Regions. — The Philippines is hereby di$ided into nine egions of the Integrated Bar, to wit&

'a( Northern Luzon, consisting of the pro$inces of !bra, Batanes, Benguet, #agayan, Ifugao, Ilocos )orte, Ilocosur, Isabela, *alinga+!payao, a -nion, ountain Pro$ince, )ue$a /izcaya, and 0uirino.

'b( Central Luzon, consisting of the pro$inces of Bataan, Bulacan, )ue$a 1ci%a, Pampanga, Pangasinan, Tarlac,and 2ambales3

'c( Greater Manila, consisting of the #ity of anila and 0uezon #ity3

'd( Southern Luzon, consisting of the pro$inces of Batangas, #a$ite, aguna, arindu4ue, 5ccidental indoro,5riental indoro, 0uezon, and izal3

'e( Bicolandia, consisting of the pro$inces of !lbay, #amarines )orte, #amarines ur, #atanduanes, asbate,and orsogon3

'f( Eastern Visayas, consisting of the pro$inces of Bohol, #ebu, 1astern amar, eyte, )orthern amar, amar,

and outhern eyte3

'g( Western Visayas, consisting of the pro$inces of !klan, !nti4ue, #apiz, Iloilo, )egros 5ccidental, )egros5riental, Palawan, omblon, and i4ui%or.

'h( Eastern Mindanao, consisting of the pro$inces of !gusan del )orte, !gusan 6el ur, Bukidnon, #amiguin,6a$ao del )orte, 6a$ao del ur, 6a$ao 5riental, isamis 5riental, urigao del )orte, and urigao del ur3 and

'i( Western Mindanao, consisting of the cities of Basilan and 2amboanga, and the pro$inces of #otabato, anaodel )orte, anao del ur, isamis 5ccidental, outh #otabato, ulu, 2amboanga del )orte, and 2amboanga delur.

In the e$ent of the creation of any new pro$ince, the Board of 7o$ernors shall, with the appro$al of the upreme #ourt,determine the egion to which the said pro$ince shall belong.

Section . Chapters. — ! #hapter of the Integrated Bar shall be organized in e$ery pro$ince. 18cept as hereinbelowpro$ided, e$ery city shall be considered part of the pro$ince within which it is geographically situated.

! separate #hapter shall be organized in each of the following political subdi$isions or areas3

'a( The sub+pro$ince of !urora3

'b( 1ach congressional district of the #ity of anila3

'c( 0uezon #ity3

'd( #aloocan #ity, alabon and )a$otas3

'e( Pasay #ity, akati, andaluyong and an 9uan del onte3

'f( #ebu #ity3 and

'g( 2amboanga #ity and Basilan #ity.

-nless he otherwise registers his preference for a particular #hapter, a lawyer shall be considered a member of the#hapter of the pro$ince, city, political subdi$ision or area where his office, or, in the absence thereof, his residence islocated. In no case shall any lawyer be a member of more than one #hapter.

1ach #hapter shall ha$e its own local go$ernment as pro$ided for by uniform rules to be prescribed by the Board of7o$ernors and appro$ed by the upreme #ourt, the pro$isions of ection :; of this ule notwithstanding.

#hapters belonging to the same egion may hold regional con$entions on matters and problems of common concern.

Section !. ouse o! "elegates. — The Integrated Bar shall ha$e a <ouse of 6elegates of not more than one hundredtwenty members who shall be apportioned among all the #hapters as nearly as may be according to the number of theirrespecti$e members, but each #hapter shall ha$e at least one 6elegate. 5n or before 6ecember =:, :;>?, and e$ery fouryears thereafter, the Board of 7o$ernors shall make an apportionment of 6elegates.



The term of the office of 6elegate shall begin on the date of the opening of the annual con$ention of the <ouse and shallend on the day immediately preceding the date of the opening of the ne8t succeeding annual con$ention. )o person maybe a 6elegate for more than two terms.

The <ouse shall hold an annual con$ention at the call of the Board of 7o$ernors at any time during the month of !pril ofeach year for the election of 7o$ernor, the reading and discussion of reports including the annual report of the Board of7o$ernors, the transaction of such other business as may be referred to it by the Board, and the consideration of suchadditional matters as may be re4uested in writing by at least twenty 6elegates. pecial con$entions of the <ouse may becalled by the Board of 7o$ernors to consider only such matters as the Board shall indicate. ! ma%ority of the 6elegateswho ha$e registered for a con$ention, whether annual or special, shall constitute a 4uorum to do business.

Section ". Board o! Go#ernors. — The Integrated Bar shall be go$erned by a Board of 7o$ernors. )ine 7o$ernors shallbe elected by the <ouse of 6elegates from the nine egions on the representation basis of one 7o$ernor from eachegion. 1ach 7o$ernor shall be chosen from a list of nominees submitted by the 6elegates from the egion, pro$idedthat not more than one nominee shall come from any #hapter. The President and the 18ecuti$e /ice President, if chosenby the 7o$ernors from outside of themsel$es as pro$ided in ection > of this ule, shall ipso !acto become members ofthe Board.

The members of the Board shall hold office for a term of one year from the date of their election and until their successorsshall ha$e been duly elected and 4ualified. )o person may be a 7o$ernor for more than two terms.

The Board shall meet regularly once e$ery three months, on such date and such time and place as it shall designate. !ma%ority of all the members of the Board shall constitute a 4uorum to do business. pecial meetings may be called by thePresident or by fi$e members of the Board.

ub%ect to the appro$al of the upreme #ourt, the Board shall adopt By+aws and promulgate #anons of Professionalesponsibility for all members of the Integrated Bar. The By+aws and the #anons may be amended by the upreme#ourt $otu propio or upon the recommendation of the Board of 7o$ernors.

The Board shall prescribe such other rules and regulations as may be necessary and proper to carry out the purposes ofthe Integrated Bar as well as the pro$isions of this ule.

Section #. O!!icers. — The Integrated Bar shall ha$e a President and an 18ecuti$e /ice President who shall be chosenby the 7o$ernors immediately after the latter@s election, either from among themsel$es or from other members of theIntegrated Bar, by the $ote of at least fi$e 7o$ernors. 1ach of the regional members of the Board shall be e% o!!icio /icePresident for the egion which he represents.

The President and the 18ecuti$e /ice President shall hold office for a term of one year from the date of their election anduntil their successors shall ha$e duly 4ualified. The 18ecuti$e /ice President shall automatically become the President forthe ne8t succeeding full term. The Presidency shall rotate from year to year among all the nine egions in such order or

rotation as the Board of 7o$ernors shall prescribe. )o person shall be President or 18ecuti$e /ice President of theIntegrated Bar for more than one term.

The Integrated Bar shall ha$e a ecretary, a Treasurer, and such other officers and employees as may be re4uired by theBoard of 7o$ernors, to be appointed by the President with the consent of the Board, and to hold office at the pleasure ofthe Board or for such terms as it may fi8. aid officers and employees need not be members of the Integrated Bar.

Section $. Vacancies. — In the e$ent the President is absent or unable to act, his duties shall be performed by the18ecuti$e /ice President3 and in the e$ent of the death, resignation, or remo$al of the President, the 18ecuti$e /icePresident shall ser$e as !cting President during the remainder of the term of the office thus $acated. In the e$ent of thedeath, resignation, remo$al, or disability of both the President and the 18ecuti$e /ice President, the Board of 7o$ernorsshall elect an !cting President to hold office until the ne8t succeeding election or during the period of disability.

The filling of $acancies in the <ouse of 6elegates, Board of 7o$ernors, and all other positions of 5fficers of the IntegratedBar shall be as pro$ided in the By+aws. Ahene$er the term of an office or position is for a fi8ed period, the person

chosen to fill a $acancy therein shall ser$e only for the une8pired term.

Section 9. Me$&ership dues. — 1$ery member of the Integrated Bar shall pay such annual dues as the Board of7o$ernors shall determine with the appro$al of the upreme #ourt. ! fi8ed sum e4ui$alent to ten percent ':C( of thecollection from each #hapter shall be set aside as a Aelfare Dund for disabled members of the #hapter and thecompulsory heirs of deceased members thereof.

Section 1%. E!!ect o! non'pay$ent o! dues. — ub%ect to the pro$isions of ection :E of this ule, default in the paymentof annual dues for si8 months shall warrant suspension of membership in the Integrated Bar, and default in such paymentfor one year shall be a ground for the remo$al of the name of the delin4uent member from the oll of !ttorneys.

Section 11. Voluntary ter$ination o! $e$&ership( re'instate$ent . — ! member may terminate his membership by filing awritten notice to that effect with the ecretary of the Integrated Bar, who shall immediately bring the matter to the attentionof the upreme #ourt. Dorthwith he shall cease to be a member and his name shall be stricken by the #ourt from the oll



of !ttorneys. einstatement may be made by the #ourt in accordance with rules and regulations prescribed by the Boardof 7o$ernors and appro$ed by the #ourt.

Section 12. Grie#ance procedures. — The Board of 7o$ernors shall pro$ide in the By+aws for grie$ance procedures forthe enforcement and maintenance of discipline among all the members of the Integrated Bar, but no action in$ol$ing thesuspension or disbarment of a member or the remo$al of his name from the oll of !ttorneys shall be effecti$e without thefinal appro$al of the upreme #ourt.

Section 13. Non'political Bar . — The Integrated Bar shall be strictly non+political, and e$ery acti$ity tending to impair thisbasic feature is strictly prohibited and shall be penalized accordingly. )o lawyer holding an electi$e, %udicial, 4uasi+%udicial,or prosecutory office in the 7o$ernment or any political subdi$ision or instrumentality thereof shall be eligible for electionof appointment to any position in the Integrated Bar or any #hapter thereof shall be considered ipso !acto resigned fromhis position as of the moment he files his certificate of candidacy for any electi$e public office or accepts appointment toany %udicial, 4uasi+%udicial, or prosecutory office in the 7o$ernment or any political subdi$ision or instrumentality thereof.

Section 1. Positions honorary . — 18cept as may be specifically authorized or allowed by the upreme #ourt, no6elegate or 7o$ernor and no national or local 5fficer or committee member shall recei$e any compensation, allowance oremolument from the funds of the Integrated Bar for any ser$ice rendered therein or be entitled to reimbursement for anye8pense incurred in the discharge of his functions.

Section 1!. )iscal $atters. — The Board of 7o$ernors shall administer the funds of the Integrated Bar and shall ha$e thepower to make appropriations and disbursements therefrom. It shall cause proper Books of !ccounts to be kept andDinancial tatements to be rendered and shall see to it that the proper audit is made of all accounts of the Integrated Barand all the #hapters thereof.

Section 1". *ournal . — The Board of 7o$ernors shall cause to be published a 4uarterly 9ournal of the Integrated Bar, freecopies of which shall be distributed to e$ery member of the Integrated Bar.

Section 1#. Voluntary Bar associations. — !ll $oluntary Bar associations now e8isting or which may hereafter be formedmay co+e8ist with the Integrated Bar but shall not operate at cross+purposes therewith.

Section 1$. +$end$ents. — This ule may be amended by the upreme #ourt $otu propio or upon therecommendation of the Board of 7o$ernors or any #hapter of the Integrated Bar.

Section 19. Organizational period . — The #ommission on Bar Integration shall organize the local #hapters and towardthis end shall secure the assistance of the 6epartment of 9ustice and of all 9udges throughout the Philippines. !ll #hapterorganizational meetings shall be held on aturday, Debruary :>, :;>=. In e$ery case, the #ommission shall cause propernotice of the date, time and place of the meeting called to organize a #hapter shall constitute a 4uorum for the purpose,including the election of a President, a /ice President, a ecretary, a Treasurer, and fi$e 6irectors.

The #ommission shall initially fi8 the number of 6elegates and apportion the same among all the #hapters as nearly asmay be in proportion to the number of their respecti$e members, but each #hapter shall ha$e at least one 6elegate. ThePresident of each #hapter shall concurrently be its 6elegate to the <ouse of 6elegates. The /ice President shall be hisalternate, e8cept where the #hapter is entitled to ha$e more than one 6elegate, in which case the /ice President shallalso be a 6elegate.

The Board of 6irectors of the #hapter shall in proper cases elect additional as well as alternate 6elegates.

The <ouse of 6elegates shall con$ene in the #ity of anila on aturday, arch :>, :;>= for the Purpose of electing aBoard of 7o$ernors. The 7o$ernors shall immediately assume office and forthwith meet to elect the 5fficers of theIntegrated Bar. The 5fficers so chosen shall immediately assume their respecti$e positions.

Section 2%. E!!ecti#ity . — This ule shall take effect on 9anuary :F, :;>=.



epublic of the PhilippinesSUPRE&E '(UR)

anila

B.&. *o. $!% A+g+st 22, 2%%%

&A*A)(R '(*)I*UI*/ LE/AL EU'A)I(* 0&'LEA(P)I*/ )E RULES (* &A*A)(R '(*)I*UI*/ LE/AL EU'A)I(* (R &E&BERS ( )E I*)E/RA)E BAR ( )E PILIPPI*ES

1) B!)#

1 5 - T I 5 )

Considering the Rules on Mandatory Continuing Legal Education ,MCLE- !or $e$&ers o! the .ntegrated Bar o! the Philippines ,.BP-/ reco$$ended &y

the .BP/ endorsed &y the Philippine *udicial +cade$y/ and re#ie0ed and passed upon &y the Supre$e Court Co$$ittee on Legal Education/ the Courhere&y resol#es to adopt/ as it here&y adopts/ the !ollo0ing rules !or proper i$ple$entation1

RULE 1PURP(SE

Section 1. Purpose o! the MCLE

#ontinuing legal education is re4uired of members of the Integrated Bar of the Philippines 'IBP( to ensure that throughout their career, they keep abreaswith law and %urisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.

RULE 2&A*A)(R '(*)I*UI*/ LE/AL EU'A)I(*

Section 1. Constitution o! the MCLE Co$$ittee

Aithin two 'E( months from the appro$al of these ules by the upreme #ourt 1n Banc, the #1 #ommittee shall be constituted in accordance withthese ules.

Section 2. Re2uire$ents o! co$pletion o! MCLE

embers of the IBP not e8empt under ule > shall complete, e$ery three '=( years, at least thirty+si8 '=F( hours of continuing legal education acti$itiesappro$ed by the #1 #ommittee. 5f the =F hours&

'a( !t least si8 'F( hours shall be de$oted to legal ethics.

'b( !t least '?( hours shall be de$oted to trial and pretrial skills.

'c( !t least fi$e 'G( hours shall be de$oted to alternati$e dispute resolution.

'd( !t least nine ';( hours shall be de$oted to updates on substanti$e and procedural laws, and %urisprudence.

'e( !t least four '?( hours shall be de$oted to legal writing and oral ad$ocacy.

'f( !t least two 'E( hours shall be de$oted to international law and international con$entions.

'g( The remaining si8 'F( hours shall be de$oted to such sub%ects as may be prescribed by the #1 #ommittee.

RULE 3

'(&PLIA*'E PERI(

Section 1. .nitial co$pliance period

The initial compliance period shall begin not later than three '=( months from the constitution of the #1 #ommittee. 18cept for the initial complianceperiod for members admitted or readmitted after the establishment of the program, all compliance periods shall be for thirty+si8 '=F( months and shalbegin the day after the end of the pre$ious compliance period.

Section 2. Co$pliance Group 34

embers in the )ational #apital egion ')#( or etro anila shall be permanently assigned to #ompliance 7roup :.

Section 3. Co$pliance Group 54

embers in uzon outside )# shall be permanently assigned to #ompliance 7roup E.

Section . Co$pliance Group 64

embers in /isayas and indanao shall be permanently assigned to #ompliance 7roup =.

Section !. Co$pliance period !or $e$&ers ad$itted or read$itted a!ter esta&lish$ent o! the progra$4

embers admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to the appropriate #ompliance 7roupbased on their #hapter 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 thesame day as that of all other members in the same #ompliance 7roup.

'a( Ahere four '?( months or less remain of the initial compliance period after admission or readmission, the member is not re4uired to complywith the program re4uirement for the initial compliance.

'b( Ahere more than four '?( months remain of the initial compliance period after admission or readmission, the member shall be re4uired tocomplete a number of hours of appro$ed continuing legal education acti$ities e4ual to the number of months remaining in the complianceperiod in which the member is admitted or readmitted. uch member shall be re4uired to complete a number of hours of education in legalethics in proportion to the number of months remaining in the compliance period. Dractions of hours shall be rounded up to the ne8t wholenumber.



RULE '(&PU)A)I(* ( 'REI) U*I)S

Section 1. Guidelines

The following are the guidelines for computation of credit units '#-(&

PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS

:. 1I)!, #5)/1)TI5), #5)D11)#1, HP5I!, I)+<5-1 16-#!TI5) P57!, A5*<5P, 6I!57-1,5-)6 T!B1 6I#-I5) BH !PP5/16 P5/I61 -)61 -1 > !)6 5T<1 1!T16 -1

:.: P!TI#IP!)T : #- P1 <5- #1TIDI#!T1 5D !TT1)6!)#1 AIT< )-B1 5D <5-

:.E 1#T-1 G #- P1 <5- P<5T5#5PH 5D P!0-1 5 P5)5@ #1TIDI#!TI5)

:.= 15-#1 = #- P1 <5- P<5T5#5PH 5D P!0-1 5 P5)5@ P1!*1 #1TIDI#!TI5)

:.? !I7)16 E #- P1 <5- #1TIDI#!TI5) D5 P5)5I)7 P1)!IT 57!)I2!TI5)1!#T5#51)T!T5

:.G 561!T5 E #- P1 <5- #1TIDI#!TI5) D5 P5)5I)7 #556I)!T5 57!)I2!TI5) D!#IIT!T5

E. !-T<5<IP, 16ITI)7 !)6 1/I1A

E.: 11!#< G+: #16IT -)IT 6-H #1TIDI16P-BI<16 I))5/!TI/1 T1#<)I#! 1P5TP!P1P57!#1!TI/1 P591#T

E.E B55* G+: PP ::J P-BI<16 B55* I)71 !-T<5 :E+:F #- :>+E #-E !-T<5 :+:E #- :=+:F #-= 5 51 G+F #- >+:: #-

E.= B55* 16IT5 :E 5D T<1 #- 5D P-BI<16 B55* AIT< P55D !-T<5<IP ! 16IT5 #!T175H

E.? 17! !TI#1 G+: PP ::J P-BI<16 !TI#1 I)71 !-T<5 F #- K #-E !-T<5 ? #- F #-= 5 51 E #- ? #-

E.G 17! =+F #- P1 I-1 P-BI<16 )1A1TT195-)! )1A1TT1!A 95-)! 16IT5

=. P5D1I5)! F #- P1 #<!I #1TIDI#!TI5) 5D !A 61!) #<!IB! : #- P1 1#T-1 5 B! 1/I1A 6I1#T51/I1A <5- 1#T-1!A T1!#<I)7

Section 2. Li$itation on certain credit units

In numbers E and = of the guidelines in the preceding ection, the total ma8imum credit units shall not e8ceed twenty 'E( hours per three '=( years.

RULE !'A)E/(RIES ( 'REI)

Section 1. Classes o! credits

The credits are either participatory or non+participatory.

Section 2. Clai$ !or participatory credit

Participatory credit may be claimed for&

'a( !ttending appro$ed education acti$ities like seminars, conferences, symposia, in+house education programs, workshops, dialogues orround table discussions.

'b( peaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator inappro$ed education acti$ities.

'c( Teaching in a law school or lecturing in a bar re$iew class.

Section 3. Clai$ !or non'participatory credit

)on+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, obook re$iew 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( 1diting a law book, law %ournal or legal newsletter.

RULE "'(&PU)A)I(* ( 'REI) (URS

Section 1. Co$putation o! credit hours

#redit hours are computed based on actual time spent in an acti$ity 'actual instruction or speaking time(, in hours to the nearest one+4uarter hour.

RULE #E4E&P)I(*S

Section 1. Parties e%e$pted !ro$ the MCLE

The following members of the Bar are e8empt from the #1 re4uirement&

'a( The President and the /ice President of the Philippines, and the ecretaries and -ndersecretaries of 18ecuti$es 6epartments3



'b( enators and embers of the <ouse of epresentati$es3

'c( The #hief 9ustice and !ssociate 9ustices of the upreme #ourt, incumbent and retired members of the %udiciary, incumbent members ofthe 9udicial and Bar #ouncil and incumbent court lawyers co$ered by the Philippine 9udicial !cademy program of continuing %udiciaeducation3

'd( The #hief tate #ounsel, #hief tate Prosecutor and !ssistant ecretaries of the 6epartment of 9ustice3

'e( The olicitor 7eneral and the !ssistant olicitor 7eneral3

'f( The 7o$ernment #orporate #ounsel, 6eputy and !ssistant 7o$ernment #orporate #ounsel3

'g( The #hairmen and embers of the #onstitutional #ommissions3

'h( The 5mbudsman, the 5$erall 6eputy 5mbudsman, the 6eputy 5mbudsmen and the pecial Prosecutor of the 5ffice of the 5mbudsman3

'i( <eads of go$ernment agencies e8ercising 4uasi+%udicial functions3

'%( Incumbent deans, bar re$iews and professors of law who ha$e teaching e8perience for at least : years accredited law schools3

'k( The #hancellor, /ice+#hancellor and members of the #orps of Professors and Professorial ectures of the Philippine 9udicial !cademy3and

'l( 7o$ernors and ayors.

Section 2. Other parties e%e$pted !ro$ the MCLE

The following embers of the Bar are likewise e8empt&

'a( Those who are not in law practice, pri$ate or public.

'b( Those who ha$e retired from law practice with the appro$al of the IBP Board of 7o$ernors.

Section 3. Good cause !or e%e$ption !ro$ or $odi!ication o! re2uire$ent

! member may file a $erified re4uest setting forth good cause for e8emption 'such as physical disability, illness, post graduate study abroad, pro$ene8pertise in law, etc.( from compliance with or modification of any of the re4uirements, including an e8tension of time for compliance, in accordance witha procedure to be established by the #1 #ommittee.

Section . Change o! status

The compliance period shall begin on the first day of the month in which a member ceases to be e8empt under ections :, E, or = of this ule and shalend on the same day as that of all other members in the same #ompliance 7roup.

Section !. Proo! o! e%e$ption

!pplications for e8emption from or modification of the #1 re4uirement shall be under oath and supported by documents.

RULE $S)A*ARS (R APPR(5AL ( EU'A)I(* A')I5I)IES

Section 1. +ppro#al o! MCLE progra$

ub%ect to the rules as may be adopted by the #1 #ommittee, continuing legal education program may be granted appro$al in either of two 'E( ways':( the pro$ider of the acti$ity is an appro$ed pro$ider and certifies that the acti$ity meets the criteria of ection = of this ules3 and 'E( the pro$ider isspecially mandated by law to pro$ide continuing legal education.

Section 2. Standards !or all education acti#ities

!ll continuing legal education acti$ities must meet the following standards&

'a( The acti$ity shall ha$e significant current intellectual or practical content.

'b( The acti$ity shall constitute an organized program of learning related to legal sub%ects and the legal profession, including cross professionacti$ities 'e.g., accounting+ta8 or medical+legal( that enhance legal skills or the ability to practice law, as well as sub%ects in legal writing andoral ad$ocacy.

'c( The acti$ity shall be conducted by a pro$ider with ade4uate professional e8perience.

'd( Ahere the acti$ity is more than one ':( hour in length, substanti$e written materials must be distributed to all participants. uch materialsmust be distributed at or before the time the acti$ity is offered.

'e( In+house education acti$ities must be scheduled at a time and location so as to be free from interruption like telephone calls and othedistractions.

RULE 9APPR(5AL ( PR(5IERS

Section 1. +ppro#al o! pro#iders

!ppro$al of pro$iders shall be done by the #1 #ommittee.

Section 2. Re2uire$ents !or appro#al o! pro#iders

!ny persons or group may be appro$ed as a pro$ider for a term of two 'E( years, which may be renewed, upon written application. !ll pro$iders ofcontinuing legal education acti$ities, including in+house pro$iders, are eligible to be appro$ed pro$iders. !pplication for appro$al shall&

'a( Be submitted on a form pro$ided by the IBP3

'b( #ontain all information re4uested on the form3



'c( Be accompanied by the appro$al fee3

Section 3. Re2uire$ents o! all pro#iders

!ll appro$ed pro$iders shall agree to the following&

'a( !n official record $erifying the attendance at the acti$ity shall be maintained by the pro$ider for at least four '?( years after the completiondate. The pro$ider 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 acti$ity. The official record of attendance shall contain the member@s name and number in the oll of !ttorneys and shallidentify the time, date, location, sub%ect matter, and length of the education acti$ity. ! copy of such record shall be furnished the IBP.

'b( The pro$ider shall certify that&

':( This acti$ity has been appro$ed for #1 by the IBP in the amount of LLLLLLLL hours of which hours will apply in 'legal ethics

etc.(, as appropriate to the content of the acti$ity3

'E( The acti$ity conforms to the standards for appro$ed education acti$ities prescribed by these ules and such regulations as maybe prescribed by the IBP pertaining to #1.

'c( The pro$ider shall issue a record or certificate to all participants identifying the time, date, location, sub%ect matter and length of the acti$ity.

'd( The pro$ider shall allow in+person obser$ation of all appro$ed continuing legal education acti$ities by members of the IBP Board of 7o$ernors, the #1 #ommittee, or designees of the #ommittee and IBP staff for purposes of monitoring compliance with these ules.

'e( The pro$ider shall indicate in promotional materials, the nature of the acti$ity, the time de$oted to each de$oted to each topic and identify othe instructors. The pro$ider shall make a$ailable to each participant a copy of IBP+appro$ed 1ducation !cti$ity 1$aluation Dorm.

'f( The pro$ider shall maintain the completed 1ducation !cti$ity 1$aluation Dorms for a period of not less than one ':( year after the acti$ity,copy furnished the IBP.

'g( !ny person or group who conducts an unauthorized acti$ity under this program or issues a spurious certificate in $iolation of these ulesshall be sub%ect to appropriate sanctions.

Section . Rene0al o! pro#ider appro#al

The appro$al of a pro$ider may be renewed e$ery two 'E( years. It may be denied if the pro$ider fails to comply with any of the re4uirements of theseules or fails to pro$ide satisfactory education acti$ities for the preceding period.

Section !. Re#ocation o! pro#ider appro#al

The appro$al of any pro$ider referred to in ule ; may be re$oked by a ma%ority $ote of the IBP Board of 7o$ernors, upon recommendation of the #1#ommittee, after notice and hearing and for good cause.

RULE 1%A')I5I) A* PR(5IER APPR(5AL EE

Section 1. Pay$ent o! !ees

!pplication for appro$al of an education acti$ity or as a pro$ider re4uires payment of an appropriate fee.

RULE 11/E*ERAL '(&PLIA*'E PR('EURES

Section 1. Co$pliance card

1ach member shall secure from the #1 #ommittee a #ompliance #ard before the end of his compliance period. <e shall complete the card byattesting under oath that he has complied with the education re4uirement or that he is e8empt, specifying the nature of the e8emption. uch #ompliance#ard must be returned to the address indicated therein not later than the day after the end of the member@s compliance period.

Section 2. Me$&er record 7eeping re2uire$ent

1ach member shall maintain sufficient record of compliance or e8emption, copy furnished the #1 #ommittee. The record re4uired to be pro$ided tothe members by the pro$ider pursuant to ection ='c( of ule ; should be sufficient record of attendance at a participatory acti$ity. ! record of non+participatory acti$ity shall also be maintained by the member, as referred to in ection = of ule G.

RULE 12*(*-'(&PLIA*'E PR('EURES

Section 1. What constitutes non'co$pliance

The following shall constitute non+compliance

'a( Dailure to complete the education re4uirement within the compliance period3

'b( Dailure to pro$ide attestation of compliance or e8emption3

'c( Dailure to pro$ide satisfactory e$idence of compliance 'including e$idence of e8empt status( within the prescribed period3

'd( Dailure to satisfy the education re4uirement and furnish e$idence of such compliance within si8ty 'F( days from receipt of a non+compliance notice3

'e( !ny other act or omission analogous to any of the foregoing or intended to circum$ent or e$ade compliance with the #1 re4uirements.

Section 2. Non'co$pliance notice and 89'day period to attain co$pliance

! member failing to comply will recei$e a )on+#ompliance )otice stating the specific deficiency and will be gi$en si8ty 'F( days from the date ofnotification to e8plain the deficiency or otherwise show compliance with the re4uirements. uch notice shall contain, among other things, the followinglanguage in capital letters&



H5- D!I-1 T5 P5/I61 !610-!T1 9-TIDI#!TI5) D5 )5)+#5PI!)#1 5 P55D 5D #5PI!)#1 AIT< T<1 #110-I11)T BH 'I)1T 6!T1 F 6!H D5 T<1 6!T1 5D )5TI#1(, <! B1 ! #!-1 D5 ITI)7 ! ! 61I)0-1)T1B1.

The ember may use this period to attain the ade4uate number of credit hours for compliance. #redit hours earned during this period may only becounted toward compliance with the prior compliance period re4uirement unless hours in e8cess of the re4uirement are earned, in which case, thee8cess hours may be counted toward meeting the current compliance period re4uirement.la0phil4net

RULE 13'(*SE6UE*'ES ( *(*-'(&PLIA*'E

Section 1. Non'co$pliance !ee

! member who, for whate$er reason, is in non+compliance at the end of the compliance period shall pay a non+compliance fee.

Section 2. Listing as delin2uent $e$&er

!ny member who fails to satisfactorily comply with ection E of ule :E shall be listed as a delin4uent member by the IBP Board of 7o$ernors upon therecommendation of the #1 #ommittee, in which case, ule :=;+! of the ules of #ourt shall apply.

RULE 1REI*S)A)E&E*)

Section 1. Process

The in$oluntary listing as a delin4uent member shall be terminated when the member pro$ides proof of compliance with the #1 re4uirement,including payment of non+compliance fee. ! member may attain the necessary credit hours to meet the re4uirement for the period of non+complianceduring the period the member is on inacti$e status. These credit hours may not be counted toward meeting the current compliance period re4uirement#redit hours attained during the period of non+compliance in e8cess of the number needed to satisfy the prior compliance period re4uirement may becounted toward meeting the current compliance period re4uirement.la0phil4net

Section 2. :er$ination o! delin2uent listing ad$inistrati#e process

The termination of listing as a delin4uent member is administrati$e in nature but it shall be made with notice and hearing by the #1 #ommittee.

RULE 1!&A*A)(R '(*)I*UI*/ LE/AL EU'A)I(* '(&&I))EE

Section 1. Co$position

The #1 #ommittee shall be composed of fi$e 'G( members, namely& a retired 9ustice of the upreme #ourt, as #hair, and four '?( membersrespecti$ely, nominated by the IBP, the Philippine 9udicial !cademy, a law center designated by the upreme #ourt and associations of law schoolsandor law professors.

The members of the #ommittee shall be of pro$en probity and integrity. They shall be appointed by the upreme #ourt for a term of three '=( years andshall recei$e such compensation as may be determined by the #ourt.

Section 2. "uty o! the Co$$ittee

The #1 #ommittee shall administer and adopt such implementing rules as may be necessary sub%ect to the appro$al by the upreme #ourt. It shallin consultation with the IBP Board of 7o$ernors, prescribe a schedule of #1 fees with the appro$al of the upreme #ourt.

Section 3. Sta!! o! the .BP

The IBP shall employ such staff as may be necessary to perform the record+keeping, auditing, reporting, appro$al and other necessary functions.

Section . Su&$ission o! annual &udget

The IBP shall submit to the upreme #ourt an annual budget for a subsidy to establish, operate and maintain the #1 Program.

This resolution shall take effect in 5ctober E, following i ts publication in two 'E( newspaper of general circulation in the Philippines.

!dopted this EEnd day of !ugust, E.



REPUBLI' A') *(. #""2

A* A') PR(5II*/ (R RE(R&S I* )E LE/AL EU'A)I(*, 'REA)I*/ (R )E PURP(SE, A LE/AL EU'A)I(* B(AR A* (R()ER PURP(SES.

Section 1. :itle4 + This !ct shall be known as the ;Legal Education Re!or$ +ct o! 3<<64;

Section 2. "eclaration o! Policies4 + It is hereby declared the policy of the tate to uplift the standards of legal education in order to prepare law studentsfor ad$ocacy, counselling, problem+sol$ing, and decision+making, to infuse in them the ethics of the legal profession3 to impress on them the importancenobility and dignity of the legal profession as an e4ual and indispensable partner of the Bench in the administration of %ustice and to de$elop socialcompetence.

Towards this end, the tate shall undertake appropriate reforms in the legal education system, re4uire proper selection of law students, maintain 4ualityamong law schools, and re4uire legal apprenticeship and continuing legal education.

Section 3. General and Speci!ic O&=ecti#e o! Legal Education4 + 'a( egal education in the Philippines is geared to attain the following ob%ecti$es&

':( to prepare students for the practice of law3

'E( to increase awareness among members of the legal profession of the needs of the poor, depri$ed and oppressed sectors ofsociety3

'=( to train persons for leadership3

'?( to contribute towards the promotion and ad$ancement of %ustice and the impro$ement of its administration, the legal system andlegal institutions in the light of the historical and contemporary de$elopment of law in the Philippines and in other countries.

'b( egal education shall aim to accomplish the following specific ob%ecti$es&

':( to impart among law students a broad knowledge of law and its $arious fields and of legal institutions3

'E( to enhance their legal research abilities to enable them to analyze, articulate and apply the law effecti$ely, as well as toallowthem to ha$e a holistic approach to legal problems and issues3

'=( to prepare law students for ad$ocacy, counselling, problem+sol$ing and decision+making, and to de$elop their ability to deal withrecognized legal problems of the present and the future3

'?( to de$elop competence in any field of law as is necessary for gainful employment or sufficient as a foundation for future trainingbeyond the basic professional degree, and to de$elop in them the desire and capacity for continuing study and self+impro$ement3

'G( to inculcate in them the ethics and responsibilities of the legal profession3 and

'F( to produce lawyers who conscientiously pursue the lofty goals of their profession and to fully adhere to its ethical norms.

Section . Legal Education Board( Creation and Co$position. + To carry out the purpose of this !ct, there is hereby created the egal 1ducation Boardhereinafter referred to as the Board, attached solely for budgetary purposes and administrati$e support to the 6epartment of 1ducation, #ulture andports.

The Board shall be composed of a #hairman, who shall preferably be a former %ustice of the upreme #ourt or #ourt of !ppeals, and the following asregular members& a representati$e of the Integrated Bar of the Philippines 'IBP(3 a representati$e of the Philippine !ssociation of aw chools 'P!(3 arepresentati$e from the ranks of acti$e law practitioners3 and, a representati$e from the law students@ sector. The ecretary of the 6epartment of1ducation, #ulture and ports, or his representati$e, shall be an e% o!!icio member of the Board.

Aith the e8ception of the representati$e of the law students@ sector, the #hairman and regular members of the Board must be natural+born citizen of thePhilippines and members of the Philippine Bar, who ha$e been engaged for at least ten ':( years in the practice of law, as well as in the teaching of lawin a duly authorized or recognized law school.

Section !. :er$ o! O!!ice( Co$pensation4 + The #hairman and regular members of the Board shall be appointed by the President for a term of fi$e 'G(years without reappointment from a list of at least three '=( nominees prepared, with prior authorization from the upreme #ourt, by the 9udicial and Ba#ouncil, for e$ery position or $acancy, and no such appointment shall need confirmation by the #ommission on !ppointments. 5f those first appointedthe #hairman and the representati$e of the IBP shall hold office for fi$e 'G( years, the representati$es of the P! and the P!P, for three '=( years3 andthe representati$e from the ranks of acti$e law practitioners and the representati$e of the law students@ sector, for one ':( year, without reappointment.

!ppointments to any $acancy shall be only for the une8pire portion of the term of the predecessor.

The #hairman and regular members of the Board shall ha$e the same salary and rank as the #hairman and members, respecti$ely, of the #onstitutiona#ommissions& Pro#ided/ That their salaries shall not be diminished during their term of office.

Section ". O!!ice and Sta!! Support4 + The 6epartment of 1ducation, #ulture and ports shall pro$ide the necessary office and staff support to theBoard, with a principal office to be located in etropolitan anila.

The Board may appoint such other officers and employees it may deem necessary in the performanceof its powers and functions.

Section #. Po0ers and )unctions4 + Dor the purpose of achie$ing the ob%ecti$es of this !ct, the Board shall ha$ethe following powers and functions&

'a( to administer the legal education system in the country in a manner consistent with the pro$isions of this !ct3

'b( to super$ise the law schools in the country, consistent with its powers and functions as herein enumerated3

'c( to set the standards of accreditation for law schools taking into account, among others, the size of enrollment, the 4ualifications of themembers of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning3

'd( to accredit law schools that meet the standards of accreditation3

'e( to prescribe minimum standards for law admission and minimum 4ualifications and compensation of faculty members3

'f( to prescribe the basic curricula for the course of study aligned to the re4uirements for admission to the Bar, law practice and sociaconsciousness, and such other courses of study as may be prescribed by the law schools and colleges under the different le$els of accreditation status3



'g( to establish a law practice internship as a re4uirement for taking the Bar which a law student shall undergo with any duly accredited pri$ateor public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not toe8ceed a total of twel$e ':E( months. Dor this purpose, the Board shall prescribe the necessary guidelines for such accreditation and thespecifications of such internship which shall include the actual work of a new member of the Bar.

'h( to adopt a system of continuing legal education. Dor this purpose, the Board may pro$ide for the mandatory attendance of practicinglawyers in such courses and for such duration as the Board may deem necessary3 and

'i( to perform such other functions and prescribe such rules and regulations necessary for the attainment of the policies and ob%ecti$es of this !ct.

Section $. +ccreditation o! La0 Schools4 + 1ducational institutions may not operate a law school unless accredited by the Board. !ccreditation of lawschools may be granted only to educational institutions recognized by the 7o$ernment.

Section 9. Withdra0al or "o0ngrading o! +ccreditation4 + The Board may withdraw or downgrade the accreditation status of a law school if it fails tomaintain the standards set for its accreditation status.

Section 1%. E!!ecti#ity o! Withdra0al or "o0ngrading o! +ccreditation4 + The withdrawal or downgrading of accreditation status shall be effeti$e after thelapse ofthe semester or trimester following the receipt by the school of the notice of withdrawal or downgrading unless, in the meantime, the schoomeets andor upgrades the standards or corrects the deficiencies upon which the withdrawal or downgrading of the accreditation status is based.

Section 11. Legal Education )und4 + There is hereby created a special endowment fund, to be known as the egal 1ducation Dund, which shall be undethe control of the Board, and administered as a separate fund by the ocial ecurity ystem '( which shall in$est the same with due and prudentregard to its sol$ency, safety and li4uidity.

The egal 1ducation Dund shall be established out of, and maintained from, the amounts appropriated pursuant to paragraph E, ection := hereof, andfrom si8ty percent 'FC( of the pri$ilege ta8 paid by e$ery lawyer effecti$e Discal Hear :;;?3 and from such donations, legacies, grant+in+aid and otherforms of contributions recei$ed by the Board for the purposes of this !ct.

Being a special endowment fund, only the interests earned on the egal 1ducation Dund shall be used e8clusi$ely for the purposes of this !ct, includingsupport for faculty de$elopment grants, professorial chairs, library impro$ements and similar programs for the ad$ancement of law teaching andeducation in accredited law schools.

The Dund shall also be used for the operation of the Board. Dor this purpose, an amount not e8ceeding ten percent ':C( of the interest on the Dundshall be utilized.

The Board, in consultation with the , shall issue the necessary rules and regulations for the collection, administration and utilization of the Dund.

Section 12. Co#erage. + The pro$isions of this !ct shall apply to all schools and colleges of law which are presently under the super$ision of the6epartment of 1ducation, #ulture and ports. <ereafter, said super$ision shall be transferred to the Board. aw schools and colleges which shall beestablished following the appro$al of this !ct shall likewise be co$ered.

Section 13. +ppropriation. + The amount of 5ne illion Pesos 'P:,,.( is hereby authorized to be charged against the current year@sappropriation of the #ontingent Dund for the initial e8penses of the Board.

To form part of the egal 1ducation Dund, there shall be appropriated annually, under the budget of the 6epartment of 1ducation, #ulture and ports,the amount of Ten illion Pesos 'P:,,.( for a period of ten ':( years effecti$e Discal Hear :;;?.

Section 1. Separa&ility Clause. + If any pro$ision of this !ct is declared unconstitutional or the application thereof to any person, circumstance ortransaction is held in$alid, the $alidity of the remaining pro$isions of this !ct and the applicability of such pro$isions to other persons, circumstances and

transactions shall not be affected thereby.

Section 1!. Repealing Clause. + !ll laws, decrees, e8ecutie orders, rules and regulations, issuances or parts thereof inconsistent with this !ct is herebyrepealed or amended accordingly.

Section 1". E!!ecti#ity . + This !ct shall take effect after fifteen ':G( days following the completion of its publication in the 5fficial 7azette or in any two 'Enewspapers of general circulation.

+ppro#ed & E= 6ecember :;;=.

Legprof Assignment 2

Documents

Transcript of Legprof Assignment 2