Failure to indicate MCLE Compliance will not Result in the Dismissal of the Case

 Republic of the Philippines

SUPREME COURT
Manila

B.M. No. 1922             June 3, 2008

RE. NUMBER AND DATE OF MCLE CERTIFICATE OF COMPLETION/EXEMPTION REQUIRED IN ALL PLEADINGS/MOTIONS.

Sirs/Mesdames:

Quoted hereunder, for your information is a resolution of the Court En Banc dated June 3, 2008

"Bar Matter No. 1922. – Re: Recommendation of the Mandatory Continuing Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the Courts the Counsel’s MCLE Certificate of Compliance or Certificate of Exemption. – The Court Resolved to NOTE the Letter, dated May 2, 2008, of Associate Justice Antonio Eduardo B. Nachura, Chairperson, Committee on Legal Education and Bar Matters, informing the Court of the diminishing interest of the members of the Bar in the MCLE requirement program.

The Court further Resolved, upon the recommendation of the Committee on Legal Education and Bar Matters, to REQUIRE practicing members of the bar to INDICATE in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

The New Rule shall take effect sixty (60) days after its publication in a newspaper of general circulation." Caprio-Morales Velasco, Jr., Nachura, JJ., on official leave. (adv216a)

Very truly yours, MA. LUISA D. VILLARAMA(sgd) Clerk of Court

Bar Matter No. 1922 was amended in the Court’s Resolution of 14 January 2014, repealing the harsh penalty of dismissal of the case and expunction of the pleadings for counsel’s failure to disclose the required MCLE information. 

Instead, the non-compliant counsel will merely be subject to fine, the amount of which depends on the frequency of the offense, and disciplinary action.

To read the full text of the amendment to Bar Matter 1922: Please access this link:

https://mcle.judiciary.gov.ph/news_items/2016/Amendment_BM1922.pdf

This was emphasized by the Supreme Court in People v. Arrojado, G.R. No. 207041, November 9, 2015:

            In any event, to avoid inordinate delays in the disposition of cases brought about by a counsel's failure to indicate in his or her pleadings the number and date of issue of his or her MCLE Certificate of Compliance, this Court issued an En Banc Resolution, dated January 14, 2014 which amended B.M. No. 1922 by repealing the phrase "Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records" and replacing it with "Failure to disclose the required information would subject the counsel to appropriate penalty and disciplinary action." Thus, under the amendatory Resolution, the failure of the lawyer to indicate in his or her pleadings the number and date of issue of his or her MCLE Certificate of Compliance will no longer result in the dismissal of the case and expunction of the pleadings from the records. Nonetheless, such failure will subject the lawyer to the prescribed fine and/or disciplinary action.