Resolution_01_2007 - Exemption 75 Yrs and Above

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  • 8/16/2019 Resolution_01_2007 - Exemption 75 Yrs and Above

    1/2

    SUPNEME

    COUNT

    OF

    THE

    PI.IILIPPINES

    IUIANDATORY

    GOI{TINUING

    LEGAL

    EDUGATIOI{

    OFFICE

    4th

    Floot

    IBP

    Buitding

    15

    Dofra

    Julia

    Vargas

    Avenue

    Giry

    RESOLUTION

    NO.

    01-2007

    WHEREAS,

    there

    are

    several

    lawyer

    seventy-five

    (75) years

    and

    above,

    who

    have

    filed

    applications

    for

    retirement

    irom

    liw'practice

    or

    exemption

    from

    compliance

    with

    MCLE

    requirements

    for

    being

    no

    longer

    in active law practice, private or public,

    under

    section 2

    (a),

    nile

    z

    of

    Bar

    Matter

    No.

    850;

    WHEREAS,

    section

    22,

    Articte

    ll

    of

    the By-Laws

    of

    the

    Integrated

    B.ar..of

    the

    Philippines,

    provides

    that

    any

    member

    in

    good

    standin

    who

    shall

    have

    attained

    the

    age

    of

    seventy-five

    years,

    or

    shall

    have

    been

    a

    lawyer

    for

    forty

    years,

    or who

    shall

    by

    reason

    of

    physical

    disability

    is

    unable

    to

    engage

    in

    the

    practice

    of

    law,

    may

    be

    retired

    fiom

    the

    Integrateo

    Bar

    of

    the

    Philippines

    upon

    a

    verified petitioh

    to

    the

    Board

    of

    Govern6rs;

    WHEREAS,

    those

    apprications

    for

    MCLE

    exemption

    or

    retirement

    were

    fonrvarded

    to

    the

    IBP and are still awaiting

    action

    by

    the

    lBp

    Board

    of

    Gover@rs' t

    WHEREAS,

    the

    MCLE

    office

    has

    been

    flooded

    with

    follow-ups

    and

    gue|9:

    from

    lawyers

    requesting

    for

    exemption

    but unwilling

    to

    retiie

    from

    the

    IBP

    because

    they

    want

    to remain

    members

    of the

    Baifor

    the

    rest

    of

    their

    lives;

    WHEREAS,

    based

    on

    section

    1,

    Rule

    7

    of Bar

    Matter

    No.

    gs0,

    retired

    members

    of

    the

    judiciary

    are

    exempted

    with

    the

    MCLE

    requirements

    even

    if

    some

    of

    them

    still

    engage

    in

    tire

    practice

    of law;

    $uHrneroRE,

    aware

    of the

    plight

    of

    lawyer-retirees

    who

    refuse

    to

    give

    up

    their

    IBP

    membership,

    the

    MCLE

    Governing

    Board

    finds

    it

    logical,

    compassionate,

    and

    reasonable

    to

    exempt

    lawyers

    who

    are

    seventi_five

    years

    old

    and

    above,

    from

    compliance

    with

    MCIE

    requirements

    and'atto*

    them

    to

    perform

    notarial

    work

    only

    for

    a

    living;

    WHEREFORE,

    pursuant

    to

    section

    2

    (a),

    Rule

    7

    of Bar

    Matter

    No.

    850,

    the

    MCLE

    Governing

    Board

    resolved

    io'exempt

    lawyers

    aged

    75

    years

    and

    above

    who

    are

    not

    engaged

    in

    active

    law

    practice,

    pub'iic

    and

    private,

    after

    complying

    with

    the

    foregoing

    requirements

    subject

    to

    the

    following

    conditions:

    (a)

    l5-f,ii,l''1ll,Jffl

    11,"","i"

    u3',',i1,,

    "'i,11?llii:",:T

    certificate

    of live

    birth

    from

    the

    Nationai

    Statistics

    Office

    or

    any

    acceptable

    proof

    of

    age;

    (b)

    An

    undertaking

    that

    he/shJwiil

    not

    be

    engaged

    in

    the

    practice

    of

    law

    other

    than

    notarial

    work:

  • 8/16/2019 Resolution_01_2007 - Exemption 75 Yrs and Above

    2/2

    (c)

    Pay

    the MCLE

    exemption

    fee

    of P1,000.00

    under

    Section

    15

    (c)

    of

    the Mandatory

    Continuing Legal

    Education

    lmplementing

    Regulations;

    and

    (d)

    Pay

    IBP

    dues

    and other fees

    required

    by the IBP

    Governing

    Board.

    This

    resolution

    shall

    take

    effect immediately.

    26 April

    2007.

    Approved:

    MCLE

    Governing

    Board

    UEVA

    RES D. BAUTISTA

    mber,

    representing the

    Philippine Association of

    Law

    Schools

    l't

    **

    F

    Fb.^--(

    b

    q-*

    -df,pt'NA

    c.

    cRrNo-AeurNo

    I

    U

    Chairperson

    ,a)

    ,-

    +.fl-

    JOSE

    VTCENTE

    B.

    SALAZAR

    Member,

    representin

    tne lee

    f,

    DANILO

    L. CONCEPCION

    Member,

    representing

    the

    U.P. Law

    Center

    UINO

    Member, representing

    the

    Philippine

    Judicial Academy