MCLE; new rule on failure to state MCLE compliance number in pleadings; BM 1992, dated Jan. 14, 2014.

SUPREME COURT OF THE PHILIPPINES

EN BANC

NOTICE

Please take notice that the Court en banc issued a Resolution dated January 14, 2014, whick reads as follows:

B.M. 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, upon the recommendation of the MCLE Governing Board, to

(a) AMEND the June 3, 2008 resolution 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"; and

(b) PRESCRIBE the following rules for non-disclosure of current MCLE compliance / exemption number in the pleadings:

(i) The lawyer shall be imposed a fine of P2,000.00 for the first offense, P3,000.00 for the second offense and P4,000.00 for the third offense;

(ii) In addition to the fine, counsel may be listed as a delinquent member of the Bar pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its implementing rules and regulations; and

(iii) The non-compliant lawyer shall be discharged from the case and the client/s shall be allowed to secure the services of a new counsel with the concomitant right to demand the return of fees already paid to the non-compliant lawyer