Synchronous Online MCLE

Who is exempted from MCLE?
By: ATTY. MERACHELLE BORRACHO

The Bar Matter 850 consists of a listing of who is exempted from MCLE:
1. President, Vice President of the Philippines.
2. Secretaries as well as Undersecretaries of the Executive Departments.
3. Senators including Members of the House of Representatives.
4. Chief Justices also Associate Justices of the Supreme Court;
5. Incumbent including Retired Members of the Judiciary; o That means the judges and justices of the court of appeals. Also, the judges in the lower courts which are RTC and MTC.
6. Incumbent Members of the Judicial and Bar Council (JBC);
7. Incumbent Court Lawyers covered by the Philippine Judicial Academy (PHILJA) Program of the Continuing Judicial Education;
8. Chief State Counsel, Chief State Prosecutor also Assistant Secretaries of the Department of Justice (DOJ);
9. Solicitor General also Assistant Solicitors General;
10. Government Corporate Counsel, Deputy including Assistant Government Corporate Counsel;
11. Chairmen plus Members of the Constitutional Commissions;
12. Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman;
13. Heads of Government Agencies Exercising Quasi-Judicial Functions; o Examples are the National Labor Relations Commission (NLRC), Department of Agrarian Adjudication Board (DARAB). Or even your Housing and Land Use Regulatory Board (HLURB). The Commissioner of NLRC is exempted too.
14. Incumbent Deans, Bar Reviewers, and Professors of Law who have teaching experience for at least ten (10) years in accredited law schools;
15. The Chancellor, Vice-Chancellor, as well as members of the Corps of Professors. Also Professional Lecturers of the Philippine Judicial Academy (PHILJA);
16. Governors as well as Mayors;
17. Members of the bar who are not in law practice, private or public; and
18. Members who have retired from the practice with the approval of the IBP Board of Governors.

Additional exemptions
• Physical Disability;
• Illness;
• Post-Graduate Study Broad; and
• Also Proven Expertise in Law;


Upon the filing of a verified request for setting forth good cause for exemption.
(Under oath and supported by documents) *These exemptions are not automatic.

What is MCLE Non-Compliance?
• Failure to complete the education requirement within the compliance period; o An example would be, only 30 units were completed within the 36-month. So it means within that period you are not compliant.
• Also, failure to provide an attestation of compliance or exemption;
• Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; o That would mean one is not really an expert on the law. Or not been teaching for at least 10 years in an accredited law school. It should be within the period.
• Moreover, failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of non-compliance notice; and
• Any other act commission analogous to any of the foregoing or intended to circumvent. Or evade compliance with the MCLE requirements.

Non-Compliance Notice?
States the specific deficiency and member who failed to comply will be given sixty (60) days from the date of notice to file a response. Clarifying the efficiency or otherwise showing compliance with the requirements.

Consequences of Non-compliance
• Payment of non-compliance fee;
• Listing a delinquent member of the IBP upon the recommendation of the MCLE Committee; and
• Also, Membership fees shall continue to accrue at the active rate against the member.
However, even if there are consequences of non-compliance. The lawyer may reinstate such status of being compliant by proving or presenting evidence that has complied with the requirements. For instance, one who has already paid the compliance fee within the period. Then that would mean that has complied also. But he has to establish that again. The request to reinstate must be also under oath including supporting pieces of evidence.

Source: https://lexclassrooms.com/who-is-exempted-from-mcle/