To help ensure that they can continue their functions in the agency, the Department of Education (DepEd) expressed support for continuing the legal education of its lawyers.
Signed by Undersecretary Gloria Jumamil-Mercado, DepEd issued Memorandum No. 011 series of 2023 or the “Departmental Support for Mandatory Continuing Legal Education Of DepEd Lawyers in the Central, Regional and Schools Division Offices.”
Citing Bar Matter No. 850 dated October 2, 2001, issued by the Supreme Court En Banc titled Revised Rules on the Continuing Legal Education for Members of the Integrated Bar of the Philippines, DepEd noted that all members of the Integrated Bar of the Philippines (IBP) are “required to undergo continuing legal education to ensure that throughout their career, they keep abreast with law and jurisprudence, to maintain the ethics of the profession, and to enhance the standards of the practice of law.:
DepEd explained that all lawyers are also required to complete the Mandatory Continuing Legal Education (MCLE) within the compliance periods, “failing which they shall be listed as delinquent, assessed non-compliance fees, and subject to disciplinary investigation.”
In the interest of the service, and according to the provisions of existing laws, rules, and regulations, DepEd expressed support to its lawyers employed in the DepEd Central Office (CO), regional offices (ROs), and schools division offices (SDOs) and their need to register, attend, and ensure compliance with their MCLE requirements under Bar Matter No. 850 and other existing Supreme Court issuances, on official business.
The MCLE is conducted so lawyers can continue to educate themselves in the study of law. It will also help them in “gaining, bolstering, and strengthening their technical and legal skills to efficiently and effectively resolve the legal issues and concerns that confront the Department.”
The MCLE also aims to ensure that lawyers “maintain their continued good standing as members of the legal profession” and avoid "potential delinquency, non-compliance fee assessment, and disciplinary action that may, in turn, negatively affect their qualifications and/or the performance of their functions in the Department.”
DepEd noted that the MCLE is conducted for training purposes wherein the participants are expected to “gain or strengthen skills and technical or management expertise in law as their area of endeavor,” and as such, it is excluded from the coverage of National Budget Circular (NBC) No. 563, dated April 22, 2016, titled “Guidelines on Participation of Government Officials and Employees in Conventions, Seminars, Conferences, Symposia, and Similar Non-Training Seminars, Gatherings Sponsored by Non-Government Organizations or Private Institutions.”
“The applicable fees, expenses, and other costs necessary to implement this Memorandum shall be chargeable to the funds of the concerned offices, subject to the availability thereof, and in compliance with the usual accounting and auditing rules and regulations,” DepEd said.
The newly-issued memorandum, DepEd said, shall cover all its lawyers employed in the CO, ROs, and SDOs.