file:admin_order_no_113_2003.htm

ADMINISTRATIVE ORDER,

MATTER & CIRCULARS

Administrative
Order No. 113-2003

ESTABLISHING THE

MANDATORY CONTINUING

LEGAL EDUCATION OFFICE

WHEREAS, this Court is vested with the power to promulgate rules concerning
the Integrated Bar of the Philippines under Section 5 (5), Article VIII of the
Constitution, and such power includes ensuring delivery by members of the law
profession of quality service to the public and the courts through constant
upgrading of their knowledge in law;

WHEREAS, in the Resolution of 22 August 2000 in Bar Matter No.
850, the Court adopted the Rules on Mandatory Continuing Legal Education for
Members of the Integrated Bar of the Philippines (MCLE Rules) in order that
throughout the career of lawyers in the country "they keep abreast with
law and jurisprudence, maintain the ethics of the profession and enhance the
standards of the practice of law," creating for that purpose the MCLE
Committee;

WHEREAS, the MCLE Rules, as amended on 2 October 2001, has been
implemented through the MCLE Committee with the assistance of twelve (12)
personnel;

WHEREAS, since April 2001, the MCLE Committee, with the assistance
of said personnel, has accredited seventy-nine (79) MCLE Providers, and
approved the presentation of seven hundred thirty-five (735)
activities/lectures/ seminars which enabled attending lawyer-participants to
earn credit units as required by the MCLE Rules;

WHEREAS, by the ever-increasing number and the frequency of such
activities/lectures/seminars, the present personnel under the MCLE can hardly
cope with the demands of their jobs in the implementation of the MCLE Program
thereby requiring a larger and permanent organizational structure for that
purpose;

WHEREAS, the above-stated constitutional mandate of this Court vests the
character of permanency to the organizational structure that shall implement
the MCLE Program;

WHEREAS, the Special Provision Applicable to the Judiciary of the General
Appropriations Act for FY 2003 (Republic Act No. 9206) authorizes the Chief
Justice "to formulate and implement the organizational structure of the
Judiciary, to fix and determine the salaries, allowances and other benefits of
their personnel, and whenever public interest so requires, make adjustments in
personal services itemization including, but not limited to the transfer of
item or creation of new positions in the Judiciary" consistent with the
Constitution and the Court’s fiscal autonomy.

NOW,
THEREFORE –

Section 1. Establishment.- This Court hereby
establishes the Mandatory Continuing Legal Education Office (MCLE Office) as a
unit of this Court.

Section 2. Functions.- The MCLE Office shall
carry out the objectives of mandatory continuing legal education as stated in
Rule 1 of the MCLE Rules.

Section 3. Governing Board.- The MCLE Committee shall
constitute the governing board.

Section 4. Officials.- The Officials of the
MCLE Office shall be an Executive Officer and an Assistant Executive Officer,
who shall be appointed by the Court in accordance with current practice and the
Civil Service rules.

The
Executive Officer shall be a citizen of the Philippines, a member of good
standing of the Integrated Bar of the Philippines, and with at least five (5)
years experience in law practice and thirty-two (32) hours of relevant training
in management and supervision. The Executive Officer shall enjoy the rank,
salary and privileges of a Chief of Office of this Court, with Salary Grade 29.

The
Assistant Executive Officer shall possess the same qualifications as the
Executive Officer and shall have the same rank, salary and privileges of an
Assistant Chief of Office of this Court, with Salary Grade 28.

Section 5. Duties and
responsibilities of the Executive Officer and the Assistant Executive Officer.- The Executive Officer
shall be responsible for the day-to-day operations of the Office, including
supervision of personnel thereof. The Executive Officer shall regularly consult
with and report to the MCLE Committee regarding the implementation of the MCLE
Program as provided for by the MCLE Rules.

The
Assistant Executive Officer shall assist the Executive Officer in the
performance of the latter’s duties and responsibilities and shall act in the
event of absence or incapacity of said Executive Officer.

Section 6. Organizational
set-up of MCLE Office.- The MCLE Office shall have a staffing pattern
that shall be approved by the Court.

There
shall be two Divisions in the MCLE Office, with the following functions:

(a)       The
Accreditation, Program Monitoring, Compliance and Evaluation Division shall be
responsible for the implementation of Rules 8 to 9 and 11 to 14 of the MCLE
Rules, and for such duties and functions as the MCLE Committee, through the
Executive Officer, may impose upon it.

(b)       The
Administrative and Finance Division shall: (i) take charge of all matters
affecting personnel, properties, and finances of the MCLE Office; (ii) be
responsible for the collection and management of all fees prescribed by the
MCLE Rules; (iii) prepare the annual budget proposals for the implementation of
MCLE Rules and the operation of the MCLE Office and submit the same, through
the Executive Officer, to the MCLE Committee for review and submission to the
Court; and (iv) perform such tasks as the Executive Officer may deem fit and
proper.

Section 7. Chiefs of the two
Divisions of the MCLE Office.- Each of the two Divisions shall be headed by a
Chief of Division who shall hold a position equivalent to that of a Chief
Judicial Staff Officer (SG 25). The Assistant Chief of Division shall hold a
position equivalent to that of Supervising Judicial Staff Officer (SG 23). They
shall be appointed by the Court as recommended by the Selection and Promotions
Board and in accordance with Civil Service rules.

Section 8. Consultants.- The MCLE Office may,
with the prior authorization of the Chief Justice and in accordance with
current practice, hire Consultants with expertise and experience in the conduct
of activities/lectures/ seminars.

Section 9. Funding.- The MCLE Office shall be
funded initially from savings of the Court until such time as its budget shall
have been incorporated in the general appropriations law.

Section 10. Effectivity.- This Administrative
Order shall take effect on 1 September 2003 following its publication in a
newspaper of general circulation in the Philippines not later than 15 August
2003.

5 August 2003.

Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban,
Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez,
Corona, Carpio-Morales, Azcuna, and Tinga, JJ., concur.

Callejo, Sr., J., is on leave.